[HISTORY: Adopted by the Board of Health of the Town of Middleton 3-12-2003.
Amendments noted where applicable.]
In accordance with the authority granted by MGL c. 140, §§ 51
and 53, as amended, the Board of Health of the Town of Middleton hereby establishes
the following terms, conditions, rules and regulations for the practice of
massage and/or vapor therapy.
As used in this chapter, the following terms shall have the meanings
indicated:
Approved by the Board of Health of the Town of Middleton in accordance
with accepted standards.
A course or courses in the art and science of massage therapy, polarity
therapy, somatic practices and body work movement. The course of independent
study must be accredited and accepted as a reliable education program for
massage therapist, polarity therapist, somatic practitioner or other traditional
and nontraditional program as previously identified. The applicant shall provide
documentation that this course includes a minimum of 500 hours of study which
has met the standards of a nationally recognized and accepted massage therapy
association or a course of study which has been accepted by a national certification
board.
Board of Health of the Town of Middleton.
A range of disciplines in which structured touch or movement is applied
to affect the soft tissue, joints, skeletal and nervous systems of the human
body, in a manner consisting of, but not limited to, kneading, pressing, rocking,
holding, guiding deep pressure, deep friction, and joint mobilization by manual
means, including the use of the hand, foot, arm, or elbow. In addition to
structured touch, somatic practices may also include directing a person in
the performance of movement or exercise and may be accompanied by verbal instruction,
discussion or consultation.
Study in massage therapy taking place in one or any combination of
the following: a class setting, a one-on-one student-instructor setting or
in a direct supervision setting with a supervisor present for observation
of work. The course of study shall include but not be limited to the subjects
of technique, anatomy and physiology, client practice, communication skills,
business practices, and ethics, including practitioner-client boundaries.
The candidates must demonstrate successful completion of their national certification
exam and certification to practice their particular massage therapy as previously
defined.
The room or group of rooms, office, place of business, or premises
where massage is practiced or where vapor therapy is given.
The manipulation of soft tissues, muscles and joints consisting of,
but not limited to, rubbing, stroking, pressing, kneading, tapping, vibration
and friction, by manual means, including the hand, foot, arm, or elbow, or
mechanical or electrical means, or by range of motion and stretching, for
the purpose of improving circulation, enhancing muscle relaxation, reducing
stress, relieving pain and enhancing health and well-being. "Massage and/or
vapor therapy" shall also include the use of oils and lotions or similar preparations
used in such practice and hydrotherapy and heliotherapy treatments, including
but not limited to ice and hot and cold packs.
A female or male who practices massage.
Any person or entity, firm, association, partnership, corporation
or combination of persons who provide or permit to be provided massage therapy,
bodywork, movement and education at a location other than an establishment
which has been licensed or which should be licensed under this regulation,
including but not limited to private homes, businesses and sports events.
Any person submitting satisfactory evidence of having completed a
minimum five-hundred-hour course of study in massage therapy which meets the
standards of a state or national professional association or institution who
for compensation, hire or reward engages in the practice of massage therapy.
A male or female who practices somatic therapy.
Any person having accumulated fewer than 500 hours in his or her
course of study in massage therapy, gaining practical experience in massage
therapy within a training facility or school and under the supervision of
a licensed practitioner for the purpose of meeting curriculum requirements
and/or for compensation, hire or reward.
Any premises or facility used to train individuals to become professional
practitioners of massage therapy.
A.
Individual.
(1)
These regulations shall not apply to the following individuals
while engaged in the regular performance of the duties of their respective
professions:
(a)
Physicians, chiropractors, osteopaths, podiatrists, or physical
therapists who are duly licensed to practice their respective professions
in the Commonwealth of Massachusetts.
(b)
School athletic trainers.
(c)
Nurses who are registered or licensed under the laws of the Commonwealth
of Massachusetts.
(d)
Barbers and beauticians who are 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 a customer or
client for cosmetic or beautifying purposes.
(2)
Any person licensed to practice massage by any city or
town in the Commonwealth of Massachusetts may, at the written request of a
physician, attend patients in the Town of Middleton without taking out an
additional license.
B.
Establishments. These regulations shall not apply to
hospitals, nursing homes, convalescent homes, home health agencies or other
similarity licensed institutions.
Permits shall automatically expire on January 31 of each year. Applications
for renewal must be submitted at least 30 days prior to the expiration date
and, when appropriate, must include six continuing education units (CEUs)
from an accredited and nationally recognized body.
Each individual applicant must:
A.
In his or her initial application and renewal application
submit, under the pains and penalties of perjury, to the Board a notarized
and completed application form containing all information therein requested.
False statements in said application shall be grounds for denial, suspension
or revocation of a license.
B.
Be 18 years of age or older.
C.
Provide a written statement from a licensed physician
certifying that the applicant is free of any communicable diseases and has
undergone a satisfactory physical examination including a negative Mantoux
test taken within 45 days prior to this application date and the annual renewal
date of his or her license to practice in the Town of Middleton.
D.
Submit a permit fee as determined by the current Board
fee schedule.
E.
Have completed a minimum 500 hours of study at a nationally
recognized school of massage and be of good standing with any national certification
board; provide a certificate of graduation from a nationally accepted and
recognized institute and/or evidence of membership with a national certification
board. For those individuals who lack formal training the requirement of formal
training will be waived if the application is filed within six months after
adoption of this regulation and the applicant shall have five or more years
of documented experience and the ability to maintain the required continuing
education units (CEUs) for license renewal.
F.
Provide a recent front-face photograph, two inches by
two inches.
G.
Include a commitment to adhere to the code of ethics
of the national organization(s) governing the profession of which the applicant
must be a member in good standing.
H.
Submit three written references from unrelated persons.
I.
Provide a certified police query.
J.
Be certified in CPR (cardiopulmonary resuscitation).
K.
Provide proof of adequate liability insurance.
Every establishment for the giving of massage shall meet the following
requirements:
A.
Each applicant must submit, under the pains and penalties
of perjury, to the Board a completed and notarized application form containing
all information therein requested. False statements in said application shall
be grounds for denial, suspension or revocation of a license.
B.
Every licensee shall notify the Board prior to any change
of name, address or ownership. Permits are not transferable and become null
and void on any change in ownership.
C.
Every licensee shall permit the Board, Health Inspector
and Police Department to inspect her or his place of business at any time
to the maximum extent permitted by law.
D.
Each applicant must submit three written references from
unrelated persons.
E.
The applicant is to provide a certified police query.
F.
Each applicant must provide proof of adequate liability
insurance.
Every professional practitioner conducting work in the Town of Middleton
shall agree to use the following guidelines in the conduct of massage and
aroma therapy. Practitioners shall:
A.
Not touch or work with a client when either the client
or practitioner is afflicted with a communicable disease, including but not
limited to skin fungus, skin infection, skin inflammation, skin eruption,
or skin lesion (i.e., cut), that could be spread through the massage therapy.
B.
Wash hands thoroughly with proper soap or disinfectant
and hot water immediately before and after performing a massage or vapor therapy
session.
C.
Maintain a sufficient level of personal cleanliness and
be clothed in clean and appropriate attire.
D.
Not administer massage or vapor therapy to a minor without
consent of the minor's parent or guardian.
E.
Take all precautions for proper hygiene within the facilities.
F.
Not diagnose disease, prescribe medicine or perform any
procedure that requires a license from the Commonwealth of Massachusetts,
including but not limited to psychotherapy and chiropractic.
G.
Prominently display in the main seating area, entranceway
or in each practice room the license to practice massage or vapor therapy
issued by the Board of Health.
H.
Maintain a record of dates, names and addresses of all
patrons. This record shall be made available to the Board or the Massachusetts
Department of Public Health in the event of a communicable disease believed
to have been brought to, or transmitted through or from, the massage or vapor
therapy practitioner or establishment.
I.
Follow all rules set forth in these regulations and conduct
themselves in accordance with the standards of their accrediting state or
national professional association.
J.
Use universal precautions in the prevention of all communicable
diseases.
K.
Notify the Board at least 14 days prior to any change
of name, address, or ownership.
Every operator of an establishment for the giving of massage or vapor
therapy shall meet the following requirements.
A.
The operator shall:
(1)
Notify the Board at least 14 days prior to any change of name,
address, or ownership.
(2)
Operate only under the name or designation specified on the license.
(3)
Not employ or cause to be employed as a massage practitioner
any person who does not have a license or permit for the practice of massage
therapy from the Board or whose massage therapy license or permit has been
suspended.
(4)
Not perform or allow to be performed an illegal act on the premises.
A violation of this subsection may be grounds for revocation, suspension or
modification of the massage therapy license.
(5)
Not serve alcoholic beverages in the portion of a building that
the Board determines is being used for the purpose of giving massage therapy.
(6)
Not operate X-Ray, fluoroscope, diathermy or other similar equipment
unless licensed by the Commonwealth of Massachusetts to practice a profession
requiring the use of such equipment.
(7)
Provide a minimum of one toilet room containing a toilet and
sink. The toilet room shall be provided with toilet paper, liquid hand soap
and paper towels in a fixed dispenser.
B.
All rooms used for massage therapy shall be clean and
easily cleanable, well lighted, adequately ventilated and properly heated
in accordance with local and or state regulations.
C.
If shower facilities are not provided, the operator shall
post conspicuously at the reception area of the facility a sign which shall
read as follows. The letters in the first two lines shall be at least one
inch in height. Hypoallergenic soap, water and rubbing alcohol (70% isopropyl,
by volume) must be available in the establishment at all times when a shower
is not provided.
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Notice To Massage Clients
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This establishment does not provide a shower for use after massage.
If you believe you are allergic to lotions, oils or powders, please notify
the massage therapist prior to the massage. They will not be used. If requested,
the massage therapist will use rubbing alcohol or soap and warm water to remove
oils, lotions or powder used during massage.
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D.
The sign referred to Subsection C shall not be required in establishments where techniques are performed on clients fully clothed (e.g., oriental bodywork, polarity therapy, etc.) or where techniques are performed that do not use oil.
E.
All areas of the establishment, including the furniture
and equipment therein, shall be kept in sanitary condition at all times. All
massage therapy tables, mattresses, etc., shall be easily cleanable. All surfaces
used for massage therapy shall be properly cleaned and sanitized after each
massage therapy session.
F.
All robes, sheets, towels, etc., supplied by the establishment
which may come in direct contact with the body shall be mechanically washed
with detergent and mechanically dried after each use. Single-service items
are acceptable and shall be used once.
G.
The current license of the massage therapy establishment
and current licenses or permits of all massage therapy practitioners conducting
massage therapy therein must be displayed in a conspicuous place.
H.
All licensed establishments shall file an application
for renewal not less than 30 days prior to the expiration of their licenses,
whereupon their existing licenses shall not expire until the Board has finally
determined the renewal application's status.
All professional practitioners licensed by the Board may perform off-premises
work provided that they:
No licensee shall provide any massage or bodywork without first having
provided the client with a disclosure document that includes the following
language in not less than twelve-point type. This disclosure shall be posted
in a conspicuous place.
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Disclosure Required by the Board of Health
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Massage or bodywork is defined as the application of various techniques
to the muscular structure and the soft tissues of the human body. Application
of massage and bodywork techniques may include, but is not limited to, stroking,
kneading, tapping, compression, friction, pressure and those techniques based
on manipulation of the application of pressure to the muscular structure of
soft tissues of the human body.
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Massage or bodywork is provided for the basic purpose of relaxation,
stress reduction, and relief of muscular tension.
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Massage or bodywork should not be construed as a substitute for medical
examination, diagnosis, or treatment. A physician, chiropractor, or other
qualified medical professional should be consulted for any medical ailment.
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Massage therapists are not qualified to perform spinal or skeletal adjustments
or to diagnose, prescribe or treat any physical or mental illness.
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Because massage should not be done under certain conditions, all known
medical conditions and allergies should be disclosed to the massage therapist
by the client.
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Illicit or sexually suggestive remarks or advances are prohibited.
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The issuance of a license for the practice of massage therapy does not
constitute endorsement of the licensee or establishment by the Board.
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A.
The Board may suspend, revoke or modify a professional
practitioner or establishment or temporary license or a student-apprentice
practitioner or off-premises business license for any violation of these regulations
or for the performance of any illegal act on the premises by serving an order
in writing by any person authorized to serve civil process or by registered
mail, return receipt requested, to the person(s) responsible for the violation.
B.
The person(s) to whom an order has been served may request
in writing a hearing before the Board within seven days after the order was
served. Upon receipt of such petition the Board shall set a time and place
for such hearing and shall inform the petitioner thereof in writing within
seven days. The hearing shall be commenced not later than 30 days after the
day on which the order was served. The thirty-day period may be extended if,
in the opinion of the Board, the petitioner has submitted a valid and sufficient
reason for such postponement.
C.
At the hearing the petitioner shall be given the opportunity
to be heard and to show why the order should be modified or withdrawn. After
the hearing the Board shall sustain, modify or withdraw the order and shall
inform the petitioner in writing of this decision within seven business days.
The decision of the Board shall be final.
D.
Any person or establishment whose application for a license
or license renewal is denied may, within 30 days of issuance of notice of
said denial, request, in writing, a hearing upon the cause or causes of said
denial. The Board shall set a time and place for said hearing within a reasonable
time.
Unless otherwise specified the provisions of this regulation shall be
enforced by the Board, its agent or employees.
Whoever violates any provisions of these regulations as stated herein
or prevents or hinders any member or agent of the Board or Police Department
from exercising entry and inspection authority under the authority of and
as pertaining to these regulations and MGL c. 140, §§ 51, 52
and 53, shall be punished by a fine of not more than $100 or by imprisonment
for not more than six months, or both. Each day that these violations exist
shall constitute a separate violation.
If any section, paragraph, sentence, clause or phrase of these rules
and regulations shall be invalid for any reason, such invalidity shall not
affect the remaining portions of these regulations. Furthermore, the Board,
at its discretion, may waive any of these requirements in its sole and absolute
discretion.
