The following words, terms and phrases, as used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
MASSAGE, BODYWORK, AND SOMATIC THERAPIES
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, bodywraps,
the use of moist hot and cold external applications, external applications
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage and bodywork therapies do not include the
diagnosis or treatment of illness, disease, impairment or disability.
The Department of Health, and the Fire Department, shall, from
time to time, at least once each year, make an inspection of each
massage, bodywork and somatic therapy establishment granted a permit
under the provisions of this chapter, for the purpose of determining
whether the provisions of this section and/or applicable rules, regulations,
ordinances, and laws are being complied with. Such inspections shall
be made at reasonable times and in a reasonable manner. It shall be
unlawful for any massage, bodywork, or somatic therapy establishment
or employee thereof to fail to allow such inspection officer access
to the premises or to hinder such officer in any manner.
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
A. Every portion of the establishment, including appliances and apparatus,
shall have surfaces which can be readily disinfected, and which must
be maintained in a clean and operated in a sanitary condition.
B. The establishment shall have separate rooms for conducting massage,
bodywork, and somatic therapies. Each room shall have floor-to-ceiling
walls and a closable door.
C. Each room of the establishment in which massage, bodywork, or somatic
therapy is conducted shall have a functional hand-washing sink, provided
with hot and cold running water, wall-mounted soap dispenser, and
wall-mounted paper-towel dispenser.
D. Each room of the establishment in which massage, bodywork, or somatic
therapy is conducted shall have an adequate area within the room for
clients to store personal items during therapy sessions.
E. With the exception of guide animals, hearing animals, and service
animals, no animals shall be permitted in the establishment.
F. Price rates for all services shall be prominently posted in an open
and conspicuous area on the premises of the establishment near the
public entrance.
G. A written exclusion policy shall be kept on the premises stating
that the establishment shall not knowingly serve any patron infected
with any fungus or other skin infections, nor perform any service
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with massage, bodywork, or somatic therapy prescribing the
conditions thereof. This written exclusion policy shall be prominently
posted in an open and conspicuous area on the premises of the massage,
bodywork and somatic therapy establishment near the public entrance.
H. Client intake records must be kept for each and every client who
receives services from the massage, bodywork, and somatic therapy
establishment. These intake records must be stored on the premises,
and must be available for review by the Health Department and Police
Department for a period of not less than seven years of the date that
the service was performed. These intake records shall include an intake
form filled out by each client to include at a minimum:
(2) Client residence address.
(7) Client health history, including any medical conditions which may
contraindicate massage, bodywork or somatic therapy.
I. Client service records must be kept for each and every client who
receives services from the massage, bodywork, and somatic therapy
establishment. These service records must be stored on the premises,
and must be available for review by the Health Department and Police
Department for a period of not less than seven years of the date that
the service was performed. These service records shall include a service
form filled out by the therapist, to include at a minimum:
(2) Description of type of service.
(4) Therapist's state massage therapist license number.
J. The establishment shall post signage specifying the age restriction
of patrons and the client record-keeping requirements in English,
prominently in an open and conspicuous area on the premises of the
establishment near the public entrance.
K. The written disinfection plan submitted with the permit application
for the establishment shall be kept on the premises and available
for review by the Health Department at all times. The employees of
the massage, bodywork, and somatic therapy establishment shall demonstrate
understanding of and compliance with the written disinfection plan
to the Health Department at all times. The establishment shall comply
with all parts of the written disinfection plan at all times.
L. All employees, including massage, bodywork and somatic therapists,
shall wear nontransparent outer garments. Dressing rooms must be available
on the premises of the establishment. Doors to such dressing rooms
shall be self-closing.
M. All massage, bodywork and somatic therapy establishments shall be
provided with clean linens (including, but not limited to, laundered
sheets and towels) in sufficient quantity which shall be laundered
after each use thereof and stored in a sanitary manner. All linens
shall either be laundered on the premises of the establishment with
properly functioning commercial-grade washer and drying appliances,
or shall be laundered by a professional linen supply service, the
contract of which shall be made available to the Health Department
for review at any time.
N. The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
O. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities and surfaces shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms or steam or vapor cabinets and shower
compartments and toilet rooms shall be thoroughly cleaned and sanitized
each day the business is in operation. Bathtubs and showers shall
be thoroughly cleaned and sanitized each day the business is in operation.
Bathtubs and showers shall be thoroughly cleaned and sanitized after
each use. When carpeting is used on the floors, it shall be kept dry,
clean and sanitary.
P. Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be from an approved
source and kept in clean closed containers that dispense individual
portions of the material in a sanitary manner that prevents contamination
of the remaining contents of the container.
Q. Each massage, bodywork and somatic therapist shall wash his or her
hands and arms up to and including the elbows with soap and hot running
water, prior to administering any massage, bodywork, or somatic therapy
to each client.
R. All massage, bodywork, and somatic therapy establishments and employees
thereof shall at all times provide access to a sanitary restroom for
patrons of the establishment.
S. If ordered closed by the Health Department, the massage, bodywork,
and somatic therapy establishment must immediately cease operations
and close to the public, and must remain closed to the public and
may not resume operations until the order to close is lifted by the
Health Department.
T. Massage, bodywork, and somatic therapy establishments may only operate
each day between the hours of 7:00 a.m. and 10:00 p.m.
U. The massage, bodywork, and somatic therapy establishment shall observe
and conform to all applicable rules, regulations, and prohibitions
set forth by the New Jersey Board of Massage and Bodywork Therapy.
The provisions of this section shall not apply to massage and
bodywork therapies given:
A. In the office of a licensed physician, chiropractor or physical therapist;
or
B. By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C. By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
D. By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1.
The Health Department and Police Department, and any other designated
official of Montville Township, shall implement, administer, and enforce
this chapter, and are hereby authorized to issue all rules and regulations
consistent with this chapter, and shall have all necessary powers
to carry out the purposes of this chapter and to enforce this chapter,
and are authorized to issue citations for any violation of this chapter.
All ordinances or parts of ordinances inconsistent with this
within Chapter are hereby repealed to the extent of such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason deemed invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
This chapter shall take effect upon final passage in accordance
with law.