43-24A-31. Prohibited elements of ordinance or regulation; no prohibition on impeding practice.

A county, municipality, or other local jurisdiction that licenses or regulates massage therapy businesses may not adopt any ordinance or regulation that includes any of the following:#

1. (1)

   Conditions or requirements required as of July 1, 2019, for licensure as a massage therapist under this chapter, including, but not limited to, criminal background checks, education, and training; provided, however, that a county, municipality, or other local jurisdiction may require a criminal background check of any employee, independent contractor, or other person working on the premises of a massage therapy business who is not a licensed massage therapist; provided, further, that a county, municipality, or other local jurisdiction may require evidence of licensure pursuant to paragraph (9) of subsection (a) of Code Section 43-24A-30;#

2. (2)

   Limitations on the location of a massage therapy business relating to its proximity to other massage therapy businesses that directly or indirectly prohibit massage therapy businesses from locating in the jurisdiction;#

3. (3)

   Prohibition of off-premises or mobile services by a licensed massage therapist;#

4. (4)

   Limitations on the operation of the massage therapy business from engaging licensed massage therapists as contractors of such business or lessees of the premises of the massage therapy business for the performance of massage therapy; or#

5. (5)

   Conditions or requirements that are in any manner inconsistent with the federal Health Insurance Portability and Accountability Act of 1996.#

A county, municipality, or other local jurisdiction shall not impose any requirements relating to massage therapy for the purpose of impeding the lawful practice of massage therapy pursuant to this chapter.#