The purpose of this article is to regulate the
operation of massage establishments in order to promote and protect
the public health, safety and general welfare.
For purposes of this article, the following
definitions shall apply unless the context clearly implies otherwise:
DISQUALIFYING CRIMINAL CONVICTION
Any conviction for any criminal offense punishable for any
period of time, whether or not the sentence was actually imposed or
served, but shall not include any conviction which is shown to have
been set aside on appeal or collaterally or for which a pardon, certificate
of rehabilitation or the equivalent has been granted or which is not
rationally related to the purpose of this article.
PATRON
Any person who receives massage.
PERSON
An individual, partnership, corporation or other entity.
RECOGNIZED SCHOOL
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession and work of massage
therapy and which is recognized or certified by the State of Maine
or any other state. Schools offering a correspondence course not requiring
actual attendance in class shall not be deemed a recognized school.
The following persons shall be exempt from the
licensing requirements of this article if duly licensed by and while
practicing in accordance with the laws of this state: physicians,
physicians' assistants, surgeons, osteopaths, nurses, chiropractors,
physical therapists, barbers, cosmetologists, beauticians and other
health and hygiene professionals.
The municipal officers are authorized to grant
all licenses required by this article, provided that any person applying
for such a license complies with all the requirements hereof.
All massages shall be administered on a massage
table, treatment table or treatment mat.
Every person who performs massage or operates
a massage establishment shall keep the establishment at all times
in a clean and sanitary condition. All instruments, supplies and devices
of any kind, or parts thereof, that come into contact with the human
body shall be kept clean by a modern and approved method of cleaning.
No massage therapist shall:
A. Administer a massage to a patron whose genitals are
exposed.
B. Administer or agree to administer a massage to the
genitals or anus of a patron.
C. Administer a massage unless he or she is fully clothed
with nontransparent clothing of the type customarily worn by massage
therapists while administering a massage.
No massage establishment shall be kept open
for massage purposes between the hours of 8:00 p.m. and 9:00 a.m.
At all times when open for business, a massage
establishment shall have upon the premises a licensed massage therapist
or person who possesses a combination massage establishment/massage
therapist license to supervise the operation of the establishment
and assure that no violations of this article occur.
The massage establishment shall keep a written
list of the names and current addresses of all employees, both on
duty and off duty. Such list shall be shown to the Chief of Police
or his/her authorized deputy and the Town Clerk or his/her representative
upon request.
Each applicant for a massage therapist license
or combined massage establishment/massage therapist license shall
show proof of basic proficiency in the field of massage therapy which
may be satisfied by:
A. Evidence of completion of a formal training course
in massage therapy given by a recognized school;
B. Evidence of 100 hours of on-the-job training in therapeutic
massage performed in the presence of a person holding a valid massage
therapist license or a combined massage establishment/massage therapist
license issued by the Town of Wells;
C. Evidence of continuous practice as a massage therapist
for at least one year, accompanied by the written recommendation of
at least five persons holding a valid massage therapist license or
a combined massage establishment/massage therapist license issued
by the Town of Wells or another municipality with a similar licensing
scheme, provided that the Clerk shall verify that each such reference
is from a licensee in good standing with the appropriate licensing
authority, which reference shall state that said person has personally
received a massage from the applicant that was administered in a skilled
and professional manner; or
D. Evidence of successful completion of a certifying
exam given by another municipality or state or by the American Massage
Therapy Association.
A valid massage establishment license or combined
massage establishment/massage therapist license shall be displayed
at all times in an open and conspicuous place in the massage establishment
for which it was issued. A valid conditional massage therapist license
or massage therapist license must be readily available to be produced
immediately if demanded of the licensee.
No person shall make use of, in any manner,
to his own or another's benefit, any license which has not been duly
issued to him or her in accordance with this article.
Any person operating as a massage therapist
and/or operating a massage establishment as defined herein on the
effective date of this article shall comply with the terms of this
article by obtaining a license hereunder within 45 days of the effective
date of this article.
The violation of any provision of this article
shall be punished by a civil penalty of not less than $250 nor more
than $500 for each offense. Each day the offense continues after notice
thereof constitutes a separate offense.