COMMONWEALTH OF MASSACHUSETTS
TOWN OF MARSHFIELD
MASSAGE THERAPY REGULATIONS
“RULES AND REGULATIONS GOVERNING THE LICENSING AND PRACTICE OF MASSAGE THERAPY, MASSAGE THERAPY ESTABLISHMENTS AND THE OPERATION OF VAPORS, SHOWERS, AND OTHER BATHS.”
5.01 AUTHORITY TO PROMULGATE AND OTHER PROVISIONS
(1) In accordance with the provisions of M.G.L. c. 140, s. 51-53 and under the authority of M.G.L. c. 111, s. 31, the Board of Health of the Town of Marshfield hereby adopts these Massage Therapy Regulations.
(2) The effective date of these Massage Therapy Regulations is February 22, 2005
5.02 DEFINITIONS
APPROVED: shall mean approved by the Board of Health of the Town of Marshfield.
MASSAGE THERAPY: shall mean any method of applying pressure, friction, or manipulating the superficial external or deep tissues, muscles, joints or bones; of tissue of the human body by rubbing, kneading, tapping, pounding or stroking with the hands or arms; with and without the aid of any manual, electric or mechanical instrument; with or without supplementary aids such as rubbing alcohol, liniments, oils, creams, lotions, powders or similar preparations used in the practice of stimulating circulation, reducing tension and/or to provide for an increase in a person’s health and well-being.
MASSAGE THERAPIST: shall mean any person (hereinafter also termed “provider”) who has been trained in the art of massage therapy and who has completed a program of the instruction in massage therapy approved by the Board of Health of the Town of Marshfield.
ESTABLISHMENT FOR MASSAGE THERAPY OR VAPORS, SHOWERS AND OTHER BATHS: shall mean any office, building, place of business or premises where massage therapy is practiced above or where therapeutic or conditioning baths of water, vapors or other similar substances are given.
PERSON: shall mean any individual, co-partnership, corporations, company, association, firm, society or other combination of individuals in whatever form or character.
SANITATION: shall mean an effective bactericidal/virucidal treatment by a process that provides enough accumulation of heat or concentration of chemicals for enough time to reduce bacterial count, including pathogens to a safe level on clean towels, linens and instruments.
VAPOR BATHS: shall mean any device, compartment or room designed to immerse or surround all or part of the human body in steam, fog or mist in a contained space. The term shall include, but not limited to, saunas, steam rooms, Turkish baths, Finnish steam baths and steam cabinets.
5.03 PERSONAL LICENSURE
(1) LICENSE. No person shall practice massage therapy or conduct an establishment for the giving of massage therapy; or vapor, shower or other baths, or advertise or hold him/herself out as being engaged in the business of massage therapy or giving of said baths in the Town of Marshfield without receiving a license therefore from the Board of Health of the Town of Marshfield. Every licensee shall notify the Marshfield Board of Health prior to any changes of name, address or ownership. No license shall be granted if there are outstanding water bills or property taxes due the Town of Marshfield by the applicant, nor shall a license be granted that would violate any by-law or rules and regulations of the Town of
Marshfield.
(2) FEE. The fee for such a license shall be as established by the Marshfield Board of Health Fee Schedule and license shall expire on December 31st of each year.
(3) REQUIREMENTS. Any person desiring to obtain a license to practice massage therapy, vapor, shower or other baths shall make written application for such license on a form provided by the Board of Health.
The application for license shall include the following:
(a) Applicant must be at least twenty-one years of age.
(b) A certified copy of an academic transcript and proof of graduation from a school of massage therapy approved by the American Massage Therapy Association, the Associated Bodywork & Massage Professionals, the Commonwealth of Massachusetts, Department of Education, or the Board of Education in the State in which the school is located.
(c) A minimum of 500 hours of training in massage therapy, with a letter of recommendation from where the training was obtained. This educational requirement also applies to all license renewal requests.
(d) Copies of two (2) professional letters of recommendation.
(e) Two front-face photographs at least two inches by two inches taken within (30) days prior to the submission of the application.
(f) A statement in writing from a licensed physician in the Commonwealth of Massachusetts that he or she has examined the applicant and believes the applicant to be free from all communicable diseases transmissible by the practice of massage or close physical contact ordinarily associated with massage. This statement shall be required annually.
(g) The name and address of all licensed establishments at which the applicant intends to practice, both within the Town of Marshfield and outside the town.
(h) All criminal convictions, forfeiture of bond, or plea of nolo contendere, excluding traffic infraction or misdemeanor violations.
(i) The Board of Health of the Town of Marshfield may grant variances on the above conditions.
(4) Failure to comply with all applicable provisions of these regulations may result in suspension or revocation of the license, by the majority vote of the Board of Health
5.04 LICENSE EXCEPTION AND EXCLUSION
(1) The licensing provisions of these regulations shall not apply to the following classes of individuals while engaging in the performance of the duties of their respective professions:
(a) Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts while engaging in practices within the scope of their licenses, except that his provision shall apply solely to the massaging of the neck, face and/or scalp of the customer or client. (Reference General Laws Chapter 112, Sections 87H, 87I, 87T and 87JJ.)
(b) Any other exceptions made under the General Laws of Massachusetts.
5.05 ESTABLISHMENT LICENSURE
(1) LICENSE. Every establishment for the offering of massage therapy, or vapor pool, shower or other baths shall be licensed by the Board of Health. No licensed establishment shall operate under any name or designation not specified on the license.
(2) FEE. The fee for such a license shall be as established by the Marshfield Board of Health Fee Schedule and license shall expire on December 31st of each year.
(3) REQUIREMENTS. Any person desiring to obtain a license to operate an establishment providing massage therapy, vapor, shower or other baths shall make written application for such license on a form provided by the Board of Health.
Every establishment for the offering of massage therapy or vapor pool, shower or other baths shall meet the following standards:
(a) All persons in each establishment engaging in the practice of massage therapy shall hold a valid license from the Marshfield Board of Health.
(b) All rooms shall be well lighted, well ventilated, and properly heated.
(c) Floors, walls, ceilings and other physical facilities of the establishment shall be maintained in a clean, sanitary condition at all times.
(d) Hot and cold running water from an approved source shall be provided, constructed, maintained and operated according to the applicable laws and in sufficient supply necessary to conduct the operations of the establishment.
(e) Toilet facilities shall be installed according to applicable laws; shall be at least one and not less than the number required by law; and, shall be conveniently located and accessible to employees and patrons at all times. Both men’s and ladies’ rooms must be available at all times if there are patrons of the opposite sex simultaneously receiving massage, or vapor, pool, shower or other baths within the same establishment.
(f) Establishments shall be equipped with an adequate supply of clean, sanitary towels, coverings and linens that shall be stored so as to protect them from contamination. Towels and linens shall not be used on more than one patron, unless they have been laundered and sanitized between individual uses. Disposable towels and coverings shall not be reused. Soiled linens and disposable items shall be deposited in separate covered receptacles and shall be disposed of as often as necessary in an approved sanitary manner.
(g) All instruments and devices used by any person licensed to practice massage therapy or conduct an establishment for the giving of massage therapy, for the direct application to the bodies of patrons or for holding materials to be applied to the body, shall be kept clean and sanitized between uses on customers or patrons. Adequate provisions shall be made for cleaning and sanitizing, according to manufacturer’s specifications and subject to amendment by the Board of Health inspectors.
(h) No licensed establishment shall be kept open or operate except between the hours of 7:00 a.m. and 10:00 p.m., unless authorized by the Board of Health.
(i) The conduct or operation of the business for which the permit is requested and the place set forth in the applications shall not violate any law, regulation or ordinance of the Town of Marshfield or the Commonwealth of Massachusetts.
(j) Every person licensed to practice massage therapy or to operate an establishment for the giving of massage therapy; or vapors, pool, shower or other baths will be issued a certificate to that effect from the Board of Health and the license shall have this certification in his/her possession whenever and wherever he/she may engage in the practices so mentioned, and if requested, shall produce such certificate at the request of any legally authorized public official or officer.
(k) Agents of the Massachusetts Department of Public Health, the Marshfield Board of Health or the Marshfield Police Department, as provided in the Massachusetts General Laws, Chapter 140, Section 52, may enter an establishment licensed for the giving of massage therapy; vapors, pool, shower or other baths at any reasonable time for the purpose of making an inspection to ascertain whether the establishment is in compliance with these regulations. Refusal to allow such entry to authorized persons shall be sufficient reason to revoke any license issued under these regulations.
(l) All persons in each establishment engaging in the practice of massage therapy shall take appropriate precautions to eliminate or reduce the risk of transmission of disease.
Every person practicing massage shall thoroughly wash/sanitize their hands immediately before and after treating a patron.
No room used by the licensee in the conduct of his business shall be used as a bedroom. No locks on massage room doors shall be permitted.
Conform to Town and State Sanitary Code for sewerage disposal systems.
There shall be installed a heat and smoke detecting system in compliance with the building code.
No person may operate an x-ray, fluoroscope or other similar equipment unless licensed by the Commonwealth of Massachusetts to practice a profession requiring the use of radiation equipment.
The license of the establishment and all individual licenses must be displayed in a conspicuous place.
Every establishment shall keep a book on the licensed premises with numbered pages in which they list the date and time the services are provided, the full name and address of the recipient of said services, and the name of the person rendering such services.
Each licensee practicing massage therapy at a place other than an establishment shall keep a book in such form as shall be approved by the Board of Health in which they list the date and time the services are provided, the full name and address of the recipient of said services, and the name of the person rendering such services.
Every licensee shall notify the Board of Health prior to any change of home or business address and submit his, her or its license to the Board of Health for amendment
If food is served, the establishment must be in compliance with Chapter X of the State Sanitary Code and must obtain all necessary licenses from the Town of Marshfield.
No section of the above regulation shall conflict with the Health and Human Services HIPAA Medical privacy rule.
Direct Application of Instruments to Skin Prohibited: No instruments or device designed or used for direct application to the skin shall be applied directly to the skin unless sterilized; the part of the body being treated shall be covered with a clean towel or else the instrument shall be covered in a similar manner.
5.06 VAPORS, SHOWER AND OTHER BATHS – ADDITIONAL REQUIREMENTS
(1) Operator shall provide for each sex, when applicable, separate dressing and toilet facilities which are adequate in number for the persons who may use the vapors, showers or other baths at one time.
(2) Finished materials of the walls and partitions of the dressing rooms shall be smooth, nonabsorbent and capable of being sanitized. Dressing rooms shall be of ample size, well lighted, drained, ventilated and maintained in good, clean, sanitary conditions at all times.
(3) Floor mats, if provided, shall be made of nonporous, rough, perforated rubber, plastic or other approved material.
(4) Heavy duty wall mounted soap dispensers shall be provided at each individual shower stall or at a rate of one dispenser for every two showerheads in a common shower room containing more than one head. Common use of bar soap or cloth towels is prohibited.
(5) Every bathtub without a system for re-circulation and purification of tub water shall be drained, sanitized and refilled for each user.
(6) All vapors, showers and other baths, shower rooms, shower compartments and toilet rooms shall be thoroughly cleaned every day the establishment is in operation.
(7) No person having a disease communicable in the performance of his/her duties as an employee of a vapor, shower or other bath shall be allowed to work in the establishment during the period of his/her communicability.
5.07 VAPOR BATH SPECIAL REQUIREMENTS
(1) The temperature shall be thermostatically controlled and shall not exceed 194 degrees Fahrenheit or 90 degrees Celsius for a sauna room and 120 degrees Fahrenheit or 49 degrees Celsius for a steam room. A mechanism for continuous temperature monitoring will be in place.
(2) The vapor bath shall be equipped with a free swing type door and a window to facilitate viewing of the interior of the room.
(3) A timing device and temperature indicator shall be provided and so located as to be clearly visible to the user.
(4) A clearly legible sign of permanent and durable material shall be affixed to the outside and the inside of the sauna or steam room at eye level. The plate shall bear the following or equivalent wording:
WARNING: Observe a reasonable time limit. Excessive exposure may be harmful. Pregnant women, elderly, and persons suffering from heart disease, diabetes, high or low blood pressure should consult with their physicians before using this facility. Do not use while under the influence of alcohol, anticoagulants, antihistamines, vasodilators, stimulants, hypnotics, narcotics or tranquilizers. Patrons shall be supervised at all times.
5.08 POOLS BATHS SPECIAL REQUIREMENTS
(1) Any establishment which provides a Special Purpose Pool as defined in the State Sanitary Code, Chapter V. Minimum Standards for Swimming Pools, 105 CMR 435.000 shall meet all requirements of the State Sanitary Code.
5.09 SUSPENSION OR REVOCATION
(1) No license granted under these regulations, whether for individual practitioner or for an establishment, may be suspended or revoked without a hearing, except that the Health Agent may suspend any license for violation of the regulations or under emergency circumstances as determined by the Health Agent.
(2) In the event that the Health Agent shall suspend any license as herein provided, the licensee shall be entitled to have such suspension reviewed by the Board of Health. The request for review shall be in writing and filed in the office of the Board of Health within seven (7) days after the date of suspension. Upon application of the applicant for review the Board of Health shall set a time and place for such hearing and inform the petitioner in writing.
PENALTIES
Whoever violates any provisions of these rules and regulations shall be punished by a fine of not more than $100.00 or imprisonment for not more than 6 months or both in accordance with Massachusetts General Laws, Chapter 140, Section 53 as amended.
5.11 SEVERABILITY
(1) If any regulation, paragraph, sentence, clause, phrase or word of these regulations shall be declared invalid for any reason whatsoever, that decision shall not affect any other provision of these regulations which shall remain in full force and effect, and to this end the provisions of these regulations are declared severable.
Sections deleted/altered and additions made January 2005
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