[Adopted effective 1-30-1985]
A.
No person shall practice massage or conduct an establishment for
the giving of massage or vapor, pool, shower, or other baths for hire
or reward, or advertise or hold himself out as being engaged in the
business of massage or the giving of said baths in the Town of Norwell,
without receiving a license therefor from the Board. The license fee
for each establishment shall be $100 for the original application
and $100 for each annual renewal and for each masseur or masseuse
shall be $25 for the license and $25 annually thereafter. A license
issued to an establishment, masseur or masseuse is not transferable.
B.
No license or permit shall be issued hereunder to a person or a corporation
or other applicant until after a public hearing has been held by the
Board, which shall be based on the satisfaction that said use is appropriate,
and that it will not create a nuisance or be dangerous to the public
health.[1]
[1]
Editor's Note: Amendment pending.
C.
The license shall specify all the premises to be occupied by the
licensee for the purpose of carrying on the licensed business.
D.
Permits for a change of situation of the licensed premises or for
additions thereto may be granted at any time by the Board in writing,
a copy of which shall be attached to the license.
As used in this article, the following terms shall have the
meanings indicated:
Approved by the Board of Health of the Town of Norwell in
accordance with accepted standards.
A course on the art and science of massage which included
both theory and practice and is approved by the Board of Health of
the Town of Norwell in accordance with accepted standards.
The office, place of business, or premises where massage
is practiced or where therapeutic or conditioning baths of water,
vapor, or other substance are given.
Manipulation or conditioning of part or parts of the body
by manual, mechanical, or other means as a beauty treatment, for purported
health or medical treatment, or for the purposes of invigoration.
A male who practices massage.
A female who practices massage.
For the purpose of these regulations:
A.
Persons excepted. Physicians, physical therapists, school athletic
trainers, or chiropodists (podiatrists) registered in the Commonwealth
are excluded. A person registered as a barber or an apprentice under
the provisions of MGL c. 112, § 87H or 87I,[1] or as a hairdresser, operator, or a student under the
provisions of MGL c. 112, § 87T or 87JJ, inclusive, may
practice facial and scalp massage without taking out a license.
[1]
Editor's Note: Sections 87H and 87I of MGL c. 112 were repealed
by St. 2014, c. 236.
B.
Other persons excepted. A person licensed to practice massage or
conduct an establishment in any other city or town in the Commonwealth
may, on written orders of a physician, attend patients, specified
by the physician. He shall, if requested, submit to the Board copies
of his license from another community and the physician's orders.
C.
Establishment exceptions. Hospitals, nursing and convalescent homes,
and other similar licensed institutions where massage and baths may
be given are excluded from the definition of an establishment.
Licenses shall automatically expire on December 31 of each year.
Applications for renewal must be submitted at least 30 days prior
to expiration date.
No person shall be licensed to practice or conduct an establishment
for giving massage, vapor, pool, shower, or other baths unless he
or she meets the following requirements:
A.
Be 21 years of age or older.
B.
Have completed a course of massage approved by the Board of Health
or show equivalent training or experience.
C.
Submit a certificate of health signed by a physician with a negative
tuberculin skin test or a chest x-ray.
D.
Submit to the Board a fully completed application form.
B.
No room used by the licensee in the conduct of his business shall
be used as a bedroom.
C.
There shall be an adequate supply of hot and cold running water at
all times.
D.
There shall be approved toilet and washing facilities within the
premises, readily available to the patrons and affording sufficient
privacy. Both men's and ladies' rooms shall be available at all times.
E.
Where patrons of both sexes are accommodated, adequate arrangements
shall be made for separation of rooms, toilets, and washing facilities
used by each sex.
F.
All rooms of the establishment and furniture and equipment therein
shall be kept clean at all times.
G.
The door of each room or enclosure used for massage purposes shall
have an unobstructed window large enough to permit visual observation
of the entire room.
H.
Each room or enclosure for the giving of massage services shall have
at least one electric light.
I.
There shall be installed a heat and smoke detecting system in compliance
with the Building Code.
J.
There shall be adequate facilities for the cleaning and sterilizing
of all equipment.
L.
All equipment, instruments, devices, robes, sheets, blankets, pillow
cases, wearing apparel, towels or other materials which may come in
direct contact with the body shall be properly cleaned and sterilized.
M.
No food or alcoholic beverages shall be permitted on the premises.
N.
There shall be no locks on massage room doors.
O.
Each massage room shall have separate vent or window to outside.
P.
Every licensee shall keep a book on the licensed premises, in such
form as shall be approved by the Board, in which, at the time of providing
the services licensed hereunder, he shall list the full name and address
of the recipient of said services.
No instruments or device designed or used for direct application
to the skin shall be applied directly to the skin unless sterilized;
the part of the body being treated shall be covered with a clean towel,
or else the instrument shall be covered in a similar manner.
No sponge, stick, alum, or other article liable to convey infection
shall be used to make application directly to the skin or any cut
or wound.
No person licensed shall treat any person afflicted with any
skin eruption or other disease unless such person shall have furnished
a written certificate from a physician to the effect that the eruption
of disease is not of a contagious transmissible character.
Every person licensed to practice massage shall thoroughly cleanse
his hands by washing with soap and hot water immediately before serving
a patron.
An establishment for the practice of massage or baths as defined
herein may be open between the hours of 9:00 a.m. and 8:00 p.m. No
Sundays or holidays.
All licenses must be displayed conspicuously.
No licensee may operate an x-ray, fluoroscope, or similar equipment
or radioactive material for any purpose unless already licensed by
the Commonwealth of Massachusetts to practice a profession requiring
the use of radiation equipment. No licensed establishment may contain
an x-ray, fluoroscope, or similar equipment unless this equipment
is operated only by persons properly licensed to practice a profession
requiring the use of such equipment.
A license may be limited in the form of massage or type of bath
given at the discretion of the Board.
Every licensee shall notify the Board prior to any change of
address, home or business, or name. Any new license or amendment to
an existing license required because of the foregoing may be issued
without charge at the discretion of the Board.
Every licensee shall permit the Board or its agents to inspect
his place of business and his work at any reasonable time.
Said licenses may be revoked for such cause as the Board deems
sufficient, and without a hearing, in accordance with MGL c. 140,
§ 51, and said licenses shall be subject to the provisions
of MGL c. 111, § 143.
Whoever violates any provisions of MGL c. 140, § 51,
or any of these rules or regulations or prevents or hinders any member
of a police force from exercising the authority conferred upon him
by MGL c. 140, § 52, shall be punished by a fine of not
more than $100 or imprisonment for not more than six months or both
in accordance with MGL c. 140, § 53.
If any section, paragraph, sentence, clause or phrase of these
rules and regulations 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.
