[HISTORY: Adopted by the Board of Health of the Town of Sterling 2-8-1990. Amendments noted where applicable.]
Chapter 140 of the Massachusetts General Laws, §§ 51 to 53, provides as follows:
§ 51. No person shall practice manicuring or massage or conduct an establishment for the giving of vapor baths for the hire or reward, or advertise or hold himself out as being engaged in the business of manicuring, massage or the giving of said baths without receiving a license therefor from the board of health of the town where the said occupation is to be carried on. The board of health may grant the license upon such terms and conditions, and may make such rules and regulations in regard to the carrying on of the occupation so licensed, as it deems proper, and may revoke any license granted by it for such cause as it deems sufficient, and without a hearing provided, that a person licensed to massage or to conduct an establishment for the giving of vapor baths in any town, may at the request of a physician attend patients in any other town in the commonwealth without taking out an additional license.
§ 52. Members of the police department of any town may enter and inspect any premises in that town used for manicuring or massage or the giving of vapor baths.
§ 53. Whoever violates any provisions of Section 51 or any rule or regulation made under authority hereof, or prevents or hinders any member of a police force from exercising the authority conferred upon him by 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 by both.
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE
Any method of pressure on or friction against or stroking, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the human body with the hands and/or with the aid of any object or mechanical or electrical apparatus or appliance, with or without any supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice. For purposes of this definition, the use of any aids or processes used or offered as supplementary or incidental to the above, including heat lamps, hot and cold packs, tubs, showers, cabinet bath or steam and dry heat baths, shall be considered a part of the massage.
MASSAGE ESTABLISHMENT
Any establishment, by whatever name called, where any person engages in or carries on or permits to be engaged in or carried on any of the activities of massage, as defined in the practice of massage as herein defined.
MASSAGE THERAPIST, MASSAGE PRACTITIONER, MASSAGISTS, MASSEUR AND MASSEUSE
Any person, who for any consideration whatsoever, engages in the practice of massage as herein defined. Such terms are used interchangeably in this chapter.
PERSON
Any individual and, unless the context clearly requires otherwise, any corporation, partnership, association, joint-stock company or combination of individuals of whatever form or character.
RECOGNIZED SCHOOL
A school or institution of learning which has, for its purpose, the teaching of the theory, practice, method, profession or work of massage including anatomy, physiology, hygiene and professional ethics and which is approved by the Board of Health of the Town of Sterling and provides a resident course of study with not less than 500 hours of classroom study and practice, given in not less than three calendar months, to be successfully completed before issuing any certificate of graduation.
No person shall engage in, conduct or carry on or permit to be conducted or carried on, in or upon any premises in the Town, the operation of a massage establishment without first having obtained a license to operate a massage establishment from the Board of Health.
Applications for licenses to practice massage, for hire or reward, or to advertise or hold one's self out as being engaged in the business of massage in the Town of Sterling shall be made as follows:
A. 
Application shall be made to the Board of Health and shall supply in proper form all information requested by the Board.
B. 
The application of a minor must be accompanied by a written letter or statement showing that the application has been made with the knowledge and consent of the minor's parent or guardian.
C. 
The Board of Health shall determine that the applicant has successfully completed at least 250 hours of study at a recognized school as defined in this chapter or is a member in good standing of the American Massage Therapy Association.
On the approval of any application by the Board of Health, and on the payment by the applicant of a fee of $25 for each license, a license will be issued authorizing the licensee to continue in business until the 31st day of December next following the issue of the license, unless such license be sooner revoked.
A. 
Rooms.
(1) 
This section shall not be construed to prevent the massage of any person in his or her own proper place of abode or in any hospital or other place for the treatment of the sick.
(2) 
All rooms used in the conduct of the business by any person licensed to practice massage shall be well lighted and ventilated.
(3) 
The room or premises occupied by any person licensed to practice massage shall be provided with an adequate supply of running water and an adequate supply of hot water constantly during hours of business; and every such room, and all furniture and equipment therein, shall be kept clean at all times.
(4) 
Every room used for the reception or treatment of the patrons shall be so located and arranged as to afford adequate fire protection and means of escape in case of fire.
B. 
Equipment.
(1) 
All instruments and devices used by any person licensed to practice massage for direct application to the parts of bodies of patrons, or for holding materials to be applied to parts of the bodies, shall, so far as practicable, be such as can readily be kept clean and sterile, and shall be kept clean and as nearly sterile as circumstances permit. Adequate provision shall be made for cleaning and sterilizing the same.
(2) 
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.
(3) 
No unsterilized part of a percussor, vibrator, or other mechanical appliance shall be applied directly to the skin of a patron, but the part of the body treated shall be covered with a clean towel or else the instrument shall be covered in a similar manner.
C. 
Clients. Prior to the giving of a massage, all clients shall be questioned as to whether or not they have any condition which may contraindicate the giving of a massage.
D. 
Personnel. Every person licensed to practice massage shall thoroughly cleanse his or her hands by washing immediately before serving any client.
E. 
Hours. No establishment for the giving of massage 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.
F. 
No alcohol. No alcoholic beverages or other intoxicants shall be displayed, served, ingested or sold as a part of the massage business of said massage establishment.
Any person licensed to practice massage in the Town of Sterling shall maintain records of the name and address of all clients and location at which the massage was performed. The licensee shall make these records available for inspection by the Board of Health if the Board so requests in writing.
A. 
Other professionals. This chapter shall not apply to any school, hospital, nursing home or sanitarium operating in accordance with the laws of the Commonwealth of Massachusetts, not to any person holding a valid certificate or license to practice the healing arts or to practice podiatry, physical therapy, midwifery, nursing, dentistry, dental hygiene or optometry, or to engage in the occupation of a barber, hairdresser or cosmetician under the laws of the Commonwealth of Massachusetts, provided that the activities of such person are confined to those for which the certificate or license is granted; nor shall this chapter apply to any person lawfully acting under their supervision or control; nor shall it prohibit the furnishing of assistance in the case of emergency.
B. 
Persons licensed by other communities. A person licensed to practice massage or conduct an establishment for giving massage in any other Town in the commonwealth may, at the request of a physician, attend patients, specified by the physician, in Sterling. The licensed person shall submit to the Board of Health office a copy of his/her license from another community and written confirmation of the physician's request.
Every person licensed to practice massage will be given a certificate to that effect, which shall bear the signature of the licensee; and the licensee shall keep this certificate in his/her possession whenever and wherever he or she may be engaged in the practice of massage, and when requested shall show such certificate to any legally authorized public officer.
The continuance of any license now in force or hereafter granted is conditioned upon the observance by the licensee of all laws, ordinances and regulations, orders, terms and conditions relating to the conduct of the practice of massage. A license may also be revoked if any false statement has been made in the application for such license.
Any person, who for any consideration whatsoever, engages in the practice of massage as herein defined without a license or operates a massage establishment as herein defined without a license shall be punished by a fine of not more than $100 or imprisonment for not more than 60 days or both in accordance with MGL c. 140, § 53.
If any clause, section, paragraph, sentence or phrase of these rules and regulation shall 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.