In this chapter, terms that are defined in the state Health
Occupations Article have the same meaning, and the following words
and phrases have the following meanings:
BOARD
The Maryland State Board of Chiropractic Examiners.
HEALTH OFFICER
The Charles County Health Officer, or the Health Officer's
designee.
MASSAGE
"Massage" has the same meaning as "massage therapy" under
§ 3-5a-01 of the Health Occupations Article.
MASSAGE ESTABLISHMENT
Any business where any employee, agent, or contractor who
is not a certified massage therapist or registered massage practitioner
under state law performs a massage.
This chapter does not apply to:
A. An individual with a license, registration or other approval issued
by the Board to provide massage under § 3-5a-05 of the Health
Occupations Article.
B. An athletic trainer who is certified by a nationally recognized athletic
trainer certification agency identified by the Health Officer and
works under the supervision of a physician while functioning in the
athletic trainers professional capacity:
(1) Is employed by an accredited educational institution, while performing
professional duties at that institution; or
(2) Is employed by a professional sports team, while treating members
of that team.
C. A business in which every person who performs a massage is a certified
massage therapist or registered massage practitioner under state law.
It shall be the responsibility of the owner of the massage establishment
to carry out the requirements of this chapter. Where the owner of
the massage establishment delegates duties to a manager, the manager,
along with the owner, is responsible to carry out the requirements
of this chapter.
A. A person may not own or operate a massage establishment without obtaining
a massage establishment license. This requirement may be enforced
by the Health Officer or the Charles County Sheriff's Office.
B. The Health Officer or the Charles County Sheriff's Office may
close an unlicensed massage establishment until the business and each
person owning or operating the business and each massage worker obtains
a license under this chapter.
C. Any massage establishment must have a license issued by the Health
Officer under this chapter. The licensee is the owner of the establishment.
If the owner is not an individual, the owner must designate on the
application an individual as the owner's representative. The
owner's representative must consent on the application to be
so designated. The representative must accept any notice sent to the
owner under this chapter. If the owner does not pay any fine, penalty
or fee due under this chapter, the Health Officer may collect the
fine, penalty or fee from the owner's representative. The owner
must not designate an individual as its representative under this
subsection if the individual is not qualified to receive a manager's
license.
D. Each massage establishment shall have a legible sign posted at the
main entrance identifying the premises as a massage establishment
with the words "licensed massage establishment."
E. Each massage establishment shall display in a location visible to
persons entering the establishment:
(1) The license issued to the establishment under this chapter and to
each worker and manager employed by the establishment; and
F. The licensee or a licensed manager must be on the premises at all
times while the establishment is occupied;
G. A massage establishment must meet the minimum standards set forth
by this chapter and by the Health Officer at all times;
H. Any person who operates a massage establishment must not perform
or allow another person to perform a massage unless the person who
performs the massage:
(1) Is a certified massage therapist or registered massage practitioner
under state law; or
(2) Has a valid County massage worker's license.
I. Any person who operates a massage establishment must not allow a
person of one gender to massage a person of another gender unless
the person who performs the massage is a certified massage therapist
or registered massage practitioner under state law;
J. Any person who operates a massage establishment must permit the Health
Officer or the Charles County Sheriff's Office to enter the massage
establishment at any time during operating hours and at any other
time in an emergency or when the establishment is occupied;
K. No person may reside in a massage establishment;
L. All employees shall wear opaque clothing that completely covers their
trunk and erogenous areas. Employees and workers shall not uncover
their erogenous areas;
M. The erogenous areas of the customer shall remain covered at all times;
N. A person may not massage or offer to massage the erogenous areas
of the customer;
O. A massage establishment may not cause, encourage, or allow:
(1) The administration of a massage or the operation or management of
a massage establishment by a person not licensed under this chapter;
or
(2) Any person in its employ or operating as its agent or on its premises
to violate any provision of this chapter.
P. A person may not offer a massage for compensation before 7:00 a.m.
or after 10:30 p.m.
If any part of this chapter is held invalid, the invalidity
shall not affect the other parts.