The definitions and provisions contained in this section shall
govern the meaning and application of words and phrases used in this
ordinance.
Any person who receives a massage.
Any person, other than a massage therapist, who renders any
service in connection with the operation of a massage business and
receives compensation from the operator of the business or client.
Any method of treating the external superficial parts of
a client, for medical, hygienic, exercise or relaxation purposes,
including but not limited to, rubbing, stroking, kneading, tapping,
pounding, vibrating, or stimulation with the hands or any instrument,
or by the application of air, liquid or vapor baths of any kind whatsoever,
alcohol rub or similar treatment, physical therapy or manipulation.
Any person who engages in the practice of massage as herein
defined. The use of the male gender shall include in all cases the
female gender as well.
Any individual, firm, partnership, corporation, company,
association, joint-stock association or legal entity of whatsoever
kind.
Any school or educational institution licensed to do business
as a school or educational institution in the state in which it is
located, or any school recognized by or approved by or affiliated
with a national or international massage therapy association and which
has for its purposes, the teaching of the theory, method, profession
or work of massage, which school requires a minimum of a 500 hour
course of study before the student shall be furnished with a diploma
or certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning.
A.
Business License Required - No person shall engage in or carry on
a business of massage unless he has a valid massage business license
issued by the town pursuant to the provisions of this regulation for
each and every separate office or place of business conducted by such
person.
B.
Massage Therapist License Required - No person shall practice massage,
as a massage therapist, employee or otherwise, unless he has a valid
massage therapist license issued by the Board of Health pursuant to
the provisions of this regulation.
C.
Existing Establishments - Upon application, the Board of Health shall
issue a temporary massage business license to any applicant who was,
upon the effective date of this regulation, the owner or operator
of such an establishment in the Town of Orleans. A temporary license
shall remain in effect for a period of forty-five days or until the
issuance of the permanent license, whichever is sooner. If the application
for the license is denied, such temporary license shall immediately
expire and be of no further force and effect.
Off Site Massage. A massage therapist who is licensed in Orleans
may perform massage in locations other than in a licensed business
establishment, excluding the therapist's personal residence, provided
that:
A.
The massage therapist proposing to conduct off site massage must
fill out a registration form provided by the Board of Health.
B.
The massage therapist must keep a log of all off site visits. This
log must contain the address where the massage was performed, the
name of the client, date and time of the therapy. This log must be
kept for a minimum of three years and be made available to the Board
of Health upon its request and shall be considered confidential by
the Board of Health.
A massage clinic can be conducted by a licensed Orleans massage
therapist in locations other than in a licensed business establishment
provided that:
A.
The massage therapist proposing to conduct a massage therapy clinic
must fill out a registration form provided by the Board of Health
for each off site clinic listing the date, time and location of the
clinic and the names of all licensed massage therapists participating
in the clinic.
Any person desiring a massage business license shall file a
written application, on a form provided by the Board of Health. The
application shall be accompanied by the correct license fee, and in
addition, furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name under which the business or practice is to be conducted.
C.
The business address and telephone number(s) where the business is
to be conducted.
D.
A complete list of the names of all massage therapists and employees
in the business, and the name of the manager or other person principally
in charge of the operation of the business.
E.
The following information concerning the applicant:
(1)
Name, mailing address and emergency contact number.
(2)
Massage or similar business history and experience, including, but
not limited to, whether or not such person is previously operating
in this or another town, city or state, under a license or permit,
has had such permit or license denied, revoked or suspended and the
reason therefor.
(3)
Any criminal convictions, other than misdemeanor traffic violations
in the past three years, fully disclosing the jurisdiction in which
convicted and the circumstances thereof, including any present criminal
charges pending, if any.
F.
Authorization for the town, its agent and employees to seek information
and conduct an investigation into the truth of the statements in the
application and the qualifications of the applicant for the permit.
G.
The names and contact numbers of three adults, who will serve as
character references. These references must be persons other than
relatives.
H.
Written declaration by the applicant under the penalty of perjury,
that the foregoing information in the application is true and correct,
said declaration being duly dated and signed in the town.
Any person desiring a massage therapist license shall file a
written application on a form to be furnished by the Board of Health.
The applicant shall tender with the application, the correct license
fee to the Board, as hereinafter provided, and shall, in addition,
furnish the following:
A.
The business address and telephone number where the massage is to
be practiced.
B.
The following personal information concerning the applicant:
(1)
Name, mailing address and emergency contact numbers.
(2)
The massage or similar business history and experience, including,
but not limited to, whether or not such person, in previously operating
in this or another town or state, under license or permit, has had
such license or permit denied, revoked or suspended, and the reason
therefor.
(3)
All criminal convictions, other than minor traffic violations, fully
disclosing the jurisdiction in which convicted and the offense for
which convicted, the circumstances thereof and all pending criminal
charges.
C.
At the time of initial application, identification and proof of date
of birth must be presented to the Board of Health or its agent.
D.
Each applicant must furnish either a diploma or National Certification
and course transcript from a recognized massage school and submit
satisfactory evidence of having completed a five hundred hour course
of study in massage therapy which meets the standards of a state or
national professional association.
E.
The names and contact numbers of three adults, who will serve as
character references. These references must be persons other than
relatives.
F.
Authorization for the town, its agents and employees to seek information
and conduct an investigation into the truth of the statements in the
application and the qualifications of the applicant for the license.
G.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the town.
H.
Such other information and identification as deemed necessary by
the Board of Health.
A student or apprentice of massage therapy who is gaining practical
experience at a recognized massage school for the purpose of meeting
curriculum requirements and who is under the instruction of a licensed
professional therapist may, at no charge to the public, practice massage
in the Town of Orleans under the following conditions:
A.
A person desiring registration as a student or apprentice shall file
a written application on a form provided by the Orleans Board of Health.
The application shall be accompanied by an application fee and include:
(1)
Name, mailing address and emergency contact number.
(2)
Provide evidence by presenting sufficient identification or
valid passport that the applicant is eighteen years of age or older.
(3)
Submit satisfactory evidence that he is currently engaged in
the pursuit of a five hundred hour course of study of massage therapy,
and that he has already completed at least two hundred and fifty hours
of this course of study. A letter from the school of massage which
the applicant is attending, shall suffice as adequate documentation.
(4)
A statement agreeing to follow all rules and regulations specified
herein and conduct himself in accordance with standards for practice
and ethical guidelines of the professional institute that has provided
or approved his course of study.
(5)
The business address and all telephone numbers where the massage
is to be practiced.
(6)
Any criminal convictions excluding traffic misdemeanors or infraction
violations in the past five years.
(7)
Proof of liability insurance carried personally or by the school
of massage that the student attends, covering the practice of massage.
B.
The massage therapy student/apprentice must conduct massage therapy
in compliance with all requirements contained in these regulations.
C.
A student/apprentice registration shall be valid for a maximum of
two calendar years.
This regulation shall not apply to the following individuals
while engaged in the personal performance of the duties of their respective
professions:
A.
Physicians, dentists, nurses and physical and occupational therapists
who are duly licensed to practice their respective professions in
the Commonwealth of Massachusetts.
B.
Barbers and beauticians, who are duly licensed under the laws of
this state, excepting that this exemption shall apply solely to the
massaging of the neck, face, scalp and hair of the customer or client.
A.
Upon receiving the application for a massage business or massage
therapist license, the Board of Health, shall conduct an investigation
into the applicant's moral character and personal history. The Board
of Health, may, at its discretion, require a personal interview of
the applicant and such further information, identification and report
of physical examination of the person, as shall bear on the investigation.
B.
In the case of applications for massage business licenses, the Board
of Health shall conduct an investigation of the premises where the
massage business is to be carried on, for the purposes of assuring
that such premises comply with all of the sanitation requirements
as set forth in this regulation and with all other applicable laws,
including, but not limited to, all federal, state and town building,
fire, safety and health regulations.
The Board of Health shall issue a massage business license within
forty-five days of receipt of the application, unless it finds that:
A.
The correct license fee has not been tendered to the town, and in
the case of a check or bank draft, honored with payment upon presentation.
B.
The operation as proposed by the applicant, if permitted, would not
comply with all applicable laws, including, but not limited to, the
town's building, zoning and health regulations.
C.
The applicant has been convicted of a felony, unless such conviction
occurred at least five years prior to the date of the application.
D.
The applicant has knowingly made false, misleading or fraudulent
statements of fact in the license application or in a document required
by the town.
E.
The applicant, if an individual; or any of the officers and directors,
if the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; and the manager
or other person principally in charge of the operation of the business,
is not over the age of eighteen years.
The Board of Health shall issue or deny a massage therapist
license within forty-five days of receipt of a complete application.
Licenses shall not be unreasonably withheld without due cause including
but not limited to:
A.
This regulation shall be construed to be applicable to all persons
whether profit or non-profit in nature, except as hereinafter provided.
B.
Exemptions - The provisions of this regulation, shall not apply to
hospitals, nursing homes, sanatoriums or persons holding an unrevoked
certificate to practice the healing arts under the laws of the Commonwealth,
or persons working under the direction of any such persons or in any
such establishment, nor shall this regulation apply to barbers or
barbers' apprentices or hairdressers, operators or students thereof,
lawfully carrying out their particular profession or business, and
holding a valid license or certificate of registration issued by the
Commonwealth.
A.
The license fee for a massage business license shall be fifty dollars
($50.00) per year, due and payable on the first day of January of
each calendar year (no proration).
B.
The license fee for a massage therapist license shall be fifty dollars
($50.00) per year, payable upon application. There shall be no proration
of a massage therapist license fee, regardless of when issued.
C.
The registration fee for a student/apprentice shall be twenty five
dollars ($25.00) per year payable upon application. There shall be
no proration of a student/apprentice license regardless of when issued.
D.
The licenses and fees required herein shall not be in lieu of, but
shall be in addition to, any licenses, taxes or permits now required
by the Commonwealth of Massachusetts, county, town or any administrative
agency thereof.
The term of a massage business license and massage therapist
license shall be for a maximum period of one year or any portion thereof,
to the time of the annual license fee being due and payable. Every
massage business license and massage therapist license expires on
December 31st of each year.
A.
Floors shall be free from any accumulation of dust, dirt or refuse.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Towels, linen and items for the personal
use of operators and clients shall be freshly laundered for each client.
Towels, cloths and sheets shall not be used more than once. Heavy
white paper may be substituted for sheets, provided such paper is
changed for every client.
B.
Nothing contained herein shall be construed to eliminate other minimum
requirements of state, county or town laws, bylaws or regulations
pertaining or applicable to the maintenance, control and operation
of said premises, nor to preclude any authorized inspections thereof
by the Building Inspector, Board of Health or Fire Department, or
any other authorized inspections.
All massage businesses shall have one (1) person who qualifies
as a massage therapist on the premises at all times when massage is
being administered. The massage business licensee shall be responsible
for the supervision of the business and shall not violate or permit
others to violate any applicable provision of this regulation or any
other applicable laws. The violation of any such provision by any
agent or employee of the massage business licensee shall constitute
a violation by the licensee and by the person violating the provisions
of this regulation or any other law.
A.
Any massage business or massage therapist license issued under this
regulation shall be subject to suspension or revocation by the Board
of Health for violation of any provision of this regulation or for
any grounds that would warrant denial of issuance of such license
initially. The Board, upon such revocation or suspension, shall state
its reasons in writing, specifying the particular grounds for such
revocation or suspension.
B.
No license shall be suspended or revoked without first providing
to a licensee, notice of such intended suspension or revocation, at
least seven days prior thereto and affording an opportunity for a
public hearing before the Board.
A.
Massage therapist, massage business licensees or their employees,
shall obey all the laws of the Commonwealth of Massachusetts.
B.
It shall be unlawful for any person to act as a massage therapist
in any place other than a duly licensed massage establishment, without
possessing a massage therapist license or valid registration as a
student/apprentice massage therapist and registering with the Board
of Health for off site massage. Massage Therapists may not diagnose
disease, prescribe medicine, or perform any procedure which requires
a license to practice medicine, nursing, dentistry, physical therapy,
athletic training, podiatry, chiropractic or any other similar profession
that is subject to licensing.
C.
All other acts put forth are in addition to all other acts prohibited
by this regulation and the laws of the Commonwealth of Massachusetts.
The Board of Health may vary the application of any provision
of these regulations with respect to any particular case when, in
its opinion, the enforcement thereof would manifest injustice, provided
that the decision of the Board of Health shall not be in conflict
with the spirit of these regulations. Any variance by the Board of
Health shall be in writing.
Whoever violates any provision of MGL Chapter 140 Section 51, or any rule or regulation made under authority thereof, or prevents or hinders any member of a police force from exercising the authority conferred upon him by MGL Chapter 140 Section 52, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or both.
