Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable Board of Health 2-20-1975, effective 6-3-1996 (Section 1.00 of Part VI of the 1991 Codification as updated through 6-1-1996). Amendments noted where applicable.]
GENERAL REFERENCES
Body art — See Ch. 307.
Fee Schedule — See Ch. 318.

§ 346-1 Application for license.

Application for licenses shall be made to the Board of Health, on blanks furnished by said Board of Health, and shall supply in proper form all information called for by the blank so furnished. On the approval of any application by the Board of Health, and on the payment by the applicant of the established fees for each license (see Chapter 318) a license will be issued authorizing the licensee to continue in business until the 31st day of May next following the issue of the license, unless such license is sooner revoked.

§ 346-2 Definitions.

For the purpose of these regulations, the following terms shall have the meanings indicated:
APPROVED
Approved by the Board of Health of the Town of Barnstable or its agent in accordance with accepted standards.
APPROVED COURSE OF MASSAGE
A course on the art and science of massage which includes both theory and practice and is approved by the Board of Health of the Town of Barnstable in accordance with accepted standards.
ESTABLISHMENT FOR GIVING MASSAGE, VAPOR, POOL, SHOWER, OR OTHER BATHS
The office, place of business, or premises where massage is practiced or where therapeutic or conditioning baths of water, vapor, or other substance are given.
MASSAGE
Manipulation or conditioning of part or parts of the body by manual, mechanical, or other means as a beauty treatment, for purported health or medical treatment, or for the purposes of invigoration.

§ 346-3 Exceptions.

Those persons excepted by Massachusetts General Laws.

§ 346-4 Expiration date of license.

Licenses shall automatically expire on May 31, each year.

§ 346-5 Requirements for personal licensure.

No person shall be licensed to practice massage or conduct an establishment for giving massage, vapor, pool, shower, or baths unless he meets the following requirements:
A. 
Be 18 years of age or older.
B. 
Submit to the Board of Health a completed application form containing all information requested by said form.
C. 
Be a high school graduate.
D. 
Submit evidence of training experience evaluated as equivalent to a five-hundred-hour course of study in massage therapy; body work and movement education.
E. 
Character references (at least three), one must be a physician.
F. 
Submit evidence of having passed the National Certification Examination for Therapeutic Massage and Body Work.
G. 
Submit proof of a skin test for tuberculosis within the last two years. A new skin test for tuberculosis shall be required every three years thereafter.

§ 346-6 Requirements for licensure of an establishment.

Every establishment for the giving of massage or vapor, pool, shower, or other baths shall meet the following standards:
A. 
All rooms shall be well lighted, ventilated, and be maintained in a sanitary manner at all times.
B. 
All rooms used for the giving of vapor baths or body massage shall be provided with an ample supply of hot and cold water.
C. 
Adequate means shall be provided for the cleansing and sterilizing of all instruments and utensils and, if necessary, for the cleansing and sterilizing of the skin or flesh of the patrons.
D. 
All instruments and devices used by any person licensed to practice under this act, for direct applications to any parts of the bodies of patrons, or for holding materials to be applied to any parts of the bodies, shall so far as practicable, be such as can readily be kept clean and as nearly sterile as circumstances permit.
E. 
Robes, sheets, blankets, and pillow cases, which come into direct contact with the bodies of the patrons, and all towels and napkins, shall after having been used and before being used again be laundered in such a manner as to insure effective sterilization.
F. 
No unsterilized part of a percussor, vibrator, or other mechanical appliance shall be applied directly to the skin of the patron, but the part of the body being treated shall be covered with a clean towel or else the instrument shall be covered in similar manner.
G. 
No sponge, nor stick alum, nor any other article liable to convey infection shall be used to make application direct to the skin or to any cut or wound.
H. 
No person licensed under this act shall treat any person afflicted with any skin-eruption disease unless such person shall have furnished a certificate from a physician to the effect that the eruption or disease is not of a contagious or transmissible character.
I. 
Every person licensed to practice body massage shall thoroughly cleanse his hands by washing immediately before serving any patron.
J. 
No establishments licensed under this chapter shall be kept open except between the hours of 7:00 a.m. and 10:00 p.m., unless specially authorized by the Board of Health.
K. 
Every licensed person, when requested, shall show such license to a legally authorized public officer.
L. 
No license will be issued to conduct an establishment for the giving of vapor baths unless or until adequate arrangements have been made for the separation of the sexes, and then only in accordance with such conditions as may be prescribed in the license to accomplish this end.
M. 
A license is not transferable without the permission of the Board of Health.

§ 346-7 Violations and penalties.

Whoever violates any provision of these rules or regulations shall be punished by a fine of not more than $100 or imprisonment for not more than six months, or both, in accordance with § 53, Chapter 140, of the General Laws.

§ 346-8 Severability.

If any section, paragraph, sentence, clause, or phrase of these rules and regulations should be decided invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable.