Touch Of History: Student Licensing in Arkansas (1995-2023)

If you are seeing this, it means it is on or after August 1, 2023, and most Arkansas bills that were passed and signed into law in 2023 are in effect. The one we're going to explore today is Act45 of 2023.

To talk about Act 45 of 2023, we have to touch on a little bit of history (one of my favorite topics). The road to professional standards in massage therapy has always been a winding one, especially in Arkansas, where legislative shifts have slowly moved the profession toward greater regulation, transparency, and public safety.

Let’s rewind to 1995, when the Arkansas General Assembly passed Act 466, officially titled AN ACT TO EXEMPT STUDENTS OF MASSAGE THERAPY FROM LICENSING REQUIREMENTS. This act allowed massage therapy students to practice massage as part of their training without needing a formal license or permit. Instead, it directed the Arkansas State Board of Massage Therapy to establish rules that ensured these students were only practicing under the direct supervision of the school:

"The Board (of Massage Therapy) shall adopt such rules and regulations to authorize the students to perform massage under the direct supervision of the school."

For years, this setup was considered sufficient. But over time, gaps in oversight became clear. Without formal permits, the state lacked the ability to track who was engaging in hands-on massage during training. More importantly, students were not required to undergo a criminal background check until the very end of their education—right before applying for full licensure.

This system posed serious risks. Because there was no screening at the start of training, individuals with violent histories or other red flags could be in direct contact with clients or fellow students for months before any official review of their background. This exposed both the public and fellow students to potential harm. It also placed schools in a difficult position, as they often weren’t aware of these issues until it was too late in the program to intervene.

All of that changed on August 1, 2023, with the implementation of Act 45 of 2023, titled AN ACT TO CREATE A STUDENT AND APPRENTICE LEVEL OF LICENSING IN THE MASSAGE THERAPY PROFESSION. This act introduced mandatory student and apprentice permits—provisional licenses that must be obtained at the start of training, not the end.

The law allowed for a grace period: from August 2023 to January 1, 2024, these permits were voluntary, giving schools and apprenticeship programs time to transition. But as of the start of 2024, the permits became required by law for anyone entering into formal massage therapy training in Arkansas, whether through a school or an approved apprenticeship.

One of the biggest impacts of Act 45 is that it moves the background check process to the front end of a student’s education. This shift ensures that potential red flags—like past criminal convictions—are identified before the student begins working with clients. Not only does this protect the public, it also gives students early clarity: if there’s something on their record that could prevent them from obtaining a full license later, they’ll know before investing months of time, money, and energy into training. It’s a win for transparency, safety, and student success.

Another key impact of Act 45 lies in its extension of state oversight. Prior to this legislation, Arkansas had little authority over federally approved apprenticeship programs, which operate independently of traditional massage schools. Without a formal permit or licensing requirement for apprentices, the Arkansas Department of Health lacked a clear regulatory foothold. Now, with mandatory apprentice permits in place, the Department can apply the same safety standards—including background checks and tracking—to all forms of entry-level education in the field. This levels the playing field and ensures consistent protections across all training pathways.

Act 45 didn’t happen overnight. It was the result of months of collaboration in 2022 through two 5-month-long Ad-Hoc Committees, formed by the Arkansas Department of Health and the Massage Therapy Technical Advisory Committee (MTTAC). These committees brought together massage educators, licensed therapists, apprenticeship supervisors, regulators, and members of the public to examine the weak points in the existing system. Their work laid the foundation for a law that reflects the needs of both the profession and the public it serves.

In short, Act 45 is a transformative piece of legislation. It brings long-overdue accountability to the entry points of massage therapy education in Arkansas, helping protect the public while supporting students and apprentices with clearer guidance from day one. It’s not perfect, but it's not nothing either. Act 45 isn't just a regulatory shift—it’s a step toward a more professional, trustworthy, and sustainable future for massage therapy in the state.

Accompanying Vlog: https://www.tiktok.com/@kirbyclarkellis.mti/video/7262374856992378154?is_from_webapp=1&sender_device=pc&web_id=7356954434540471851

https://youtu.be/8ohSJ8Lascc?si=-EPg_lEPUHqAD4XI

Peace and Healing,

Kirby Clark Ellis, MTI, BCTMB