Town of Barre, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barre Board of Health 11-10-1997. Amendments noted where applicable.]

§ 301-1 Statutory authority.

Under the authority of MGL, c. 111, § 31, and c. 140, §§ 51 through 53, the Board of Health of the Town of Barre hereby establishes the following terms, conditions, rules, and regulations for the practice of massage and muscular therapy.

§ 301-2 Definitions.

As used in these regulations, the following terms shall have the meanings indicated:
ESTABLISHMENT
The room or group of rooms, office, building, place of business, or premises where massage is practiced.
MASSAGE AND/OR MUSCULAR THERAPIST
Any person who has been trained in and practices the art of massage and muscular therapy.
MASSAGE AND/OR MUSCULAR THERAPY
A method or technique of treating the body by rubbing, kneading or the like, by manual or mechanical means, to stimulate circulation, increase suppleness, or for the purpose of invigoration, pleasure, or for purported health treatment.

§ 301-3 Exceptions and exclusions.

A. 
These regulations shall not apply to the following individuals while engaged in the regular performance of the duties of their respective professions:
(1) 
Physicians, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.
(2) 
School athletic trainers acting within the scope of their employment at educational facilities and those facilities are excluded from licensing.
(3) 
Nurses who are registered or licensed under the laws of the Commonwealth of Massachusetts.
(4) 
Barbers and beauticians who are duly registered under the laws of the Commonwealth of Massachusetts, except that this exemption shall apply solely to the massaging of the neck, face, scalp, and hair of the customer or client for cosmetic or beautifying purposes.
(5) 
Any person licensed to practice massage by any city or town in the commonwealth may, at the request of a physician, attend patients in the Town of Barre without taking out an additional license, provided the Board of Health has been notified in writing.
B. 
These regulations shall not apply to medical facilities.

§ 301-4 Licensing.

A. 
No person shall practice massage and muscular therapy for commercial purposes within the Town of Barre without a current license to do so from the Board of Health.
B. 
An applicant for a license to practice massage and muscular therapy must:
(1) 
Submit a completed application to the Barre Board of Health, containing all information therein requested.
(2) 
Submit a certified copy of:
(a) 
Proof of graduation from a school of massage therapy, approved by the American Massage Therapy Association and the Commonwealth of Massachusetts Department of Education; or
(b) 
Proof of graduation from a school of massage therapy, which requires at least 500 hours and at least six months of instruction and practical training, certified by the Board of Education in the state in which the school is located.
(c) 
A certificate of basic CPR and first aid training.
(3) 
Submit a copy of the results of a physical examination, performed within one year prior to application, which includes a statement that the applicant is free of communicable disease.
C. 
The Board of Health shall evaluate each individual application prior to the issuance of any license to practice massage and muscular therapy. Any statements made by the applicant to the Board at any public meeting may also be considered in the evaluation of that application.
D. 
The fee for an individual license to practice massage and muscular therapy shall be established annually by the Board of Health.
E. 
No application shall be accepted from a minor.
F. 
All massage and muscular therapy licenses shall expire on May 31 of each year.
G. 
Any individual holding a current license to practice massage and/or muscular therapy shall notify the Board of Health of any change in name or address.

§ 301-5 Massage therapy establishment requirements.

Every establishment used for the purpose of performing massage and/or muscular therapy shall operate under the following requirements and guidelines:
A. 
Each establishment must be in compliance with all zoning bylaws and requirements in the Town of Barre.[1]
[1]
Editor's Note: See Ch. 140, Zoning.
B. 
Each massage therapist practicing on the premises must hold a current certificate of registration in massage and muscular therapy in the Town of Barre.
C. 
All rooms used for the purpose of massage and/or muscular therapy shall be well lighted, well ventilated, and properly heated.
D. 
No room used for the purpose of massage and/or muscular therapy shall be used as a bedroom; provided, however, that this section shall not be construed to prevent the massage of any person in his/her own home or at any medical facility used for the treatment of the sick.
E. 
There shall be a safe, adequate supply of hot and cold running water at all times.
F. 
Every room used for the purpose of massage and/or muscular therapy shall be kept clean at all times, as shall all furniture and equipment therein.
G. 
Every room used for the purpose of massage and/or muscular therapy shall be so located to afford adequate fire protection and means of escape in case of fire.
H. 
All robes, sheets, towels, etc., which may come in direct contact with the body shall be properly cleaned.
I. 
All instruments and devices, as well as hands, utilized in performing massage and/or muscular therapy shall not be used on more than one patron unless they have been sterilized, disinfected, and/or sanitized using approved methods.
J. 
The establishment shall be open to the officer or agent of the Board of Health for the purpose of conducting reasonable, unscheduled inspections to observe and enforce compliance with these regulations.
K. 
The establishment is not to be open between the hours of 10:00 p.m. and 7:00 a.m., unless specifically authorized in writing by the Board of Health.
L. 
If food is served, the establishment must be in compliance with Article X of the State Sanitary Code, and a food service permit must be obtained from the Board of Health.
M. 
No person shall treat or be treated if afflicted with a communicable disease. However, they may treat or be treated when a written statement is received from a physician.
N. 
The hands of every person practicing massage shall be thoroughly cleaned by washing with soap and hot water immediately before and after treating a patron.

§ 301-6 Denial of application for license or renewal; hearing.

Any person or establishment whose application for a license or license renewal is denied may, within ten days of said denial, request in writing, a hearing upon the cause or causes of said denial. The Board of Health may set a time and place for said hearing within a reasonable time, not to exceed 14 days.

§ 301-7 Suspension/revocation of license.

A. 
No license granted under these regulations, whether for individual practitioners or for establishments, may be suspended or revoked without a hearing.
B. 
Such license may be suspended or revoked if, after a hearing, the Barre Board of Health finds that there is satisfactory proof that the license has:
(1) 
Made a material false statement on the application form.
(2) 
Violated or permitted a violation of any of these regulations or of any conditions of the license.
(3) 
Violated or permitted a violation of any law of the commonwealth.

§ 301-8 Violations and penalties.

Whoever violates any provisions of these regulations shall be subject to fines in accordance with MGL c. 140, § 53, as amended.

§ 301-9 Severability.

If any portion of these regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.