The City of Quincy is promulgating rules and regulations in
the form of this chapter which provide minimum requirements to be
met by any person performing bodywork therapies/activities for hire
upon another individual and for any establishment wherein bodywork
activities/therapies are to be performed. By enacting this chapter
the City of Quincy has determined that these rules and regulations
are necessary to protect the public's health and safety. It is
the City's intent that only individuals who meet and maintain
minimum standards of competence and conduct may provide services to
the public.
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, occupational therapists or
physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts.
B. An acupuncturist duly licensed under the laws of the Commonwealth
of Massachusetts.
No person shall be licensed to practice as a professional practitioner
of bodywork in the City of Quincy unless he/she meets the following
requirements:
A. Submit to the Quincy License Board a completed application package
as supplied by the Quincy License Board.
B. Each application package shall include the following information:
(1) License Board application;
(4) Public hearing request form that includes sign-offs by Inspectional
Services and the Fire Department; and
(5) Quincy Health Department sign-off package that shall include the
following:
(a)
A definition of services to be provided.
(b)
Name and residential address and all names, nicknames and aliases
by which the applicant has been known.
(c)
The business, occupation or employment of the applicant for
the three years immediately preceding the date of application.
(d)
The bodywork or similar business license history of the applicant,
whether such person has previously operated in this City or another
town or state, has had a business license revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
[Amended 6-1-2020 by Order
No. 2020-012]
(e)
Satisfactory evidence that the applicant is 18 years of age
or older, by presenting two forms of positive identification with
photo or a valid passport, or work visa (if applicable).
(f)
Documentation of competency, to consist of submittal of sealed
transcripts from an accredited school of bodywork therapy or reflexology
therapy and evidence of having a current certificate of Asian Bodywork
Therapy (ABT) and/or proof of current credentialed membership in a
national bodywork therapy organization, association or institute.
Such organization shall have requirements for membership that include
standards for practice; code of ethics and grievance procedure; and
providing or approving a five-hundred-hour course of study in bodywork
or a two-hundred-hour course of study in reflexology (only) (see Appendix
A).
(g)
Two front-face photographs taken within 30 days of the date
of application and at least two inches by two inches in size.
(h)
Personal and professional references. Two professional and two
personal references shall accompany all license applications. The
applicant shall utilize a character reference form, to be supplied
by the Quincy Health Department. At least one of the professional
references and at least one of the personal references must be from
Massachusetts residents. The references must be persons other than
relatives or business associates.
(i)
Completion of the Quincy Health Department's Risk Assessment
Form for Tuberculosis. If deemed to be at risk, the applicant must
submit proof of a negative skin test and/or negative chest x-ray result
for tuberculosis. The tuberculosis skin test date and/or date of the
chest x-ray shall not be more than one year prior to the date of application
for license.
(j)
Applicants shall provide proof of liability insurance in an
amount not less than $1,000,000.
(k)
Applicant must list the name(s) of the licensed establishment(s)
where he or she will practice bodywork.
(l)
Written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true
and correct, said declaration being duly dated, signed and notarized
in the City.
C. Issuance of license. The License Board shall issue a license for
a bodyworker after all requirements, terms and conditions, including
the following, have been met and complied with:
(1) The
correct license fee has been tendered to the License Board.
(2) The
applicant has attended a License Board public hearing and the Board
has sustained a majority vote to approve the issuance of the license.
(3) Criminal
history.
(a) The applicant has no criminal history of an offense involving sexual
misconduct.
(b) The applicant has no criminal history of an offense involving narcotics,
dangerous drugs or dangerous weapons.
(c) The Department may issue a license to any person with a criminal
history of any of the above-mentioned crimes upon review of the following
factors:
[1]
Time since the offense (for convictions, must be at least five
years);
[2]
Age of the applicant at the time of the offense;
[3]
Seriousness and specific circumstances of the offense;
[4]
Relationship of the criminal act to the nature of the license
being sought;
[6]
Any relevant evidence of rehabilitation or lack thereof; and
[7]
No subsequent criminal offense of any nature.
(4) The
applicant has not knowingly made any false, misleading or fraudulent
statement of fact in the license application or in any document required
by the Board in conjunction therewith.
(5) The
applicant has not had a bodywork license or other similar license
denied, revoked or suspended by the City or any other state, city
or town within five years prior to the date of the application.
[Amended 6-1-2020 by Order
No. 2020-012]
(6) The work establishment(s) listed by the applicant is/are licensed by the Quincy License Board or meet(s) the requirements for initial licensure as set forth in §
126-6 of these regulations.
D. Renewal. A licensed bodywork practitioner must file an application
on a form available from the License Board for renewal not less than
45 days prior to the expiration of his/her license. At time of filing
the renewal application, the applicant shall submit satisfactory evidence
of his/her current professional status.
No facility shall be licensed for the practice of bodywork in
the City of Quincy unless the applicant or, where appropriate, the
principal managing officer meets the following requirements:
A. Submit to the Quincy License Board a completed application package
as supplied by the Quincy License Board.
B. Each application package shall include the following information:
(1) License Board application;
(4) Proof of workers' compensation insurance for the establishment;
[Amended 6-1-2020 by Order
No. 2020-012]
(5) Public hearing request form that includes sign-offs by Inspectional
Services and the Fire Department; and
(6) Quincy Health Department sign-off package that shall include the
following:
(a)
A definition of the service to be provided.
(b)
The location, mailing address and all telephone numbers where
the business is to be conducted.
(c)
The name and residential address and telephone number of each
applicant.
[1]
If the applicant is a corporation, the names, telephone numbers
and residential addresses of each of the officers and directors of
said corporation and the address of the bodywork establishment, and
the name of the principal managing officer.
[2]
If applicant is a partnership, the names, telephone numbers
and residential addresses of each of the partners, including limited
partners, and the address of the partnership itself, if different
from the address of the bodywork establishment, and the name of the
principal managing officer.
(d)
Name and address of any bodywork business or establishment owned or operated by any person whose name is required to be given in Subsection
B(6)(c)[1] or
[2] wherein the business or profession of bodywork therapy is carried on.
(e)
Two front-face photographs of the applicant at least two inches
by two inches; if the applicant is a corporation, two front-face photographs
at least two inches by two inches of all officers and managing agents
of said corporation; if the applicant is a partnership, two front-face
photographs at least two inches by two inches in size of each partner,
including a limited partner in said partnership.
(f)
The business, occupation or employment of the applicant for
the three years immediately preceding the date of application.
(g)
The bodywork or similar business license history of the applicant,
whether such person has previously operated in this City or another
town or state, has had a business license revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
[Amended 6-1-2020 by Order
No. 2020-012]
(h)
Satisfactory evidence that the applicant is 18 years of age
or older, by presenting two forms of positive identification with
photo or a valid passport or work visa (if applicable).
(i)
Personal and professional references. Two professional and two
personal references shall accompany all license applications. The
applicant shall utilize a character reference form, to be supplied
by the Department. At least one of the professional references and
at least one of the personal references must be from a Massachusetts
resident. The references must be persons other than relatives or business
associates.
(j)
A description of any other business to be operated on the same
premises or on adjoining premises owned, controlled or leased by the
applicant.
(k)
The potential number of employees to be utilized at the establishment.
(l)
The proposed hours of operation for the establishment, in accordance with §
126-8B of this chapter.
(7) Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated, signed and notarized in
the City.
C. Prior to the Health Department sign-off, prior to any license renewal
and upon receipt of a complaint by the public, the Health Department
shall perform an inspection of a (proposed) facility for a bodywork
establishment and review the following:
(1) Provide that all rooms used for bodywork be clean and easily cleanable,
well lighted, adequately ventilated and properly heated in accordance
with local and/or state regulations.
(2) Maintain all areas of the establishment, including the furniture
and equipment therein, in sanitary condition at all times. All bodywork
tables, mattresses, etc., shall be easily cleanable. All surfaces
used for bodywork shall be properly cleaned and sanitized after each
bodywork session.
(3) Clean and sanitize after each use all robes, sheets, towels, etc.,
supplied by the establishment which may come in direct contact with
the body. Single-service or disposable items are acceptable and shall
be used only once.
(4) Display in a conspicuous place the current license of the establishment
and current licenses of all bodywork practitioners conducting bodywork
therein.
(5) Every room to be used by a bodyworker must:
(a)
Contain a hand washing sink, liquid soap and paper towels. Said
hand washing sinks shall be cleaned and sanitized daily and shall
be maintained at all times in a clean and sanitary condition.
(b)
Be large enough to fit an exam table with at least three feet
of clearance on all sides and/or be of sufficient size for the bodywork
activity proposed for the space.
(c)
Have adequate lighting, heat and ventilation.
(6) Every establishment must have sanitary toilet facilities available
for patrons, in accordance with the requirements of the State Plumbing
Code. Said toilet facilities shall be cleaned and sanitized daily
and shall be maintained at all times in a clean and sanitary condition.
D. Issuance of license. The License Board shall issue a license for
a bodyworker after all requirements, terms and conditions, including
the following, have been met and complied with:
(1) The
correct license fee has been tendered to the License Board.
(2) The
applicant has attended a License Board public hearing and the Board
has sustained a majority vote to approve the issuance of the license.
(3) Criminal
history.
(a) The applicant has no criminal history of an offense involving sexual
misconduct.
(b) The applicant has no criminal history of an offense involving narcotics,
dangerous drugs or dangerous weapons that amounts to a felony.
(c) The Department may issue a license to any person with a criminal
history of any of the above-mentioned crimes upon review of the following
factors:
[1]
Time since the offense (for convictions, at least five years);
[2]
Age of the applicant at the time of the offense;
[3]
Seriousness and specific circumstances of the offense;
[4]
Relationship of the criminal act to the nature of the license
being sought;
[6]
Any relevant evidence of rehabilitation or lack thereof; and
[7]
No subsequent criminal offenses of any nature.
(4) The
applicant has not knowingly made any false, misleading or fraudulent
statement of fact in the license application or in any document required
by the Department in conjunction therewith.
(5) The
applicant has not had a bodywork establishment license or other similar
license denied, revoked or suspended by the City or any other state,
city or town within five years prior to the date of the application.
[Amended 6-1-2020 by Order
No. 2020-012]
(6) The
applicant shall:
[Amended 6-1-2020 by Order
No. 2020-012]
(a) Employ or cause to be employed as a bodywork practitioner(s) only
person(s) who has (have) a license(s) for the practice of bodywork
from the Quincy License Board.
(b) Operate only under the name or designation specified on the license or a change thereto as pursuant to Subsection
B of this section.
(c) Perform or allow to be performed no illegal act within the establishment.
A violation of this subsection may be grounds for revocation, suspension
or modification of the bodywork establishment license.
(d) Serve no alcoholic beverages in the portion of a building that the
License Board determines is being used for the purpose of giving bodywork.
(e) Operate no 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.
E. Renewal. Operators/owners of licensed bodywork establishments must
file an application for renewal not less than 45 days prior to the
expiration of their license.
Each person applying for a license to practice bodywork or movement
education (as a professional practitioner or intern practitioner)
or to own, operate, or conduct an establishment for giving of bodywork
or movement education for hire or reward shall have a background free
of conduct which, in the judgment of the Quincy License Board, bears
adversely upon his or her ability to safely and reputably provide
bodywork. The Quincy License Board shall, upon receipt of an initial
application, and every three years thereafter, seek Criminal Offender
Record Information (CORI) about the applicant from the Massachusetts
Criminal History Systems Board.
Unless otherwise specified within these regulations the following
shall apply:
A. Upon receipt
of written request, a variance from the specific requirements of this
chapter may be granted by the License Board after notice and a public
hearing, if the Board finds that owing to unique circumstances a literal
enforcement of the provisions of these regulations would involve a
substantial hardship, financial or otherwise, and that the relief
sought may be granted without substantial detriment to the public
good and without nullifying or substantially derogating the intent
and purpose of these regulations.
B. The Board
may impose conditions, safeguards or limitations, both of time and
of use, as it deems appropriate upon the grant of any variance.
The effective date of these regulations shall be May 1, 2015.