The purpose of this article is to regulate sanitary conditions
at massage therapy establishments in a way that will protect and promote
public health, safety and sanitation and prevent the spread of disease.
It is hereby declared that the business of operating massage therapy
establishments as defined herein is a business affecting the public
health, safety and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person under whose name the massage therapy establishment
shall be permitted and who has the authority to make decisions regarding
the establishment. The applicant must be the massage therapist or
the owner of the massage therapy establishment.
CLIENT
Any person who provides compensation for massage therapy.
DIRECTOR OF HEALTH
The legally designated health authority of the Town of Manchester
or an authorized representative of the Director.
MASSAGE THERAPY ESTABLISHMENT
Any establishment having a fixed business where any person
engages in or carries on or permits to be engaged in or carried on
massage therapy, as herein defined.
MASSAGE THERAPIST
Any person who has been licensed by the State of Connecticut
Department of Public Health to practice massage therapy.
MASSAGE THERAPY
The systematic and scientific manipulation and treatment
of the soft tissues of the body, by use of pressure, friction, stroking,
percussion, kneading, vibration by manual or mechanical means, range
of motion and nonspecific stretching. Massage therapy may include
the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat
or cabinet baths, for the purpose of, but not limited to, maintaining
good health and establishing and maintaining good physical and mental
condition. Massage therapy does not encompass diagnosis, the prescribing
of drugs or medicines, spinal or other joint manipulations, or any
service or procedure for which a license to practice medicine, chiropractic,
naturopathy, physical therapy or podiatry is required by law.
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.
This article shall not apply to any school, hospital, nursing
home, sanitarium, clinic, rehabilitation facility, nonprofit agency,
or barber school, operating in accordance with the laws of the State;
nor 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 barber, hairdresser or cosmetician under the laws of
the state; provided that the activities of such person are confined
to those for which the certificate or license is granted; nor shall
this article apply to any person lawfully acting under their supervision
or control.
No person shall engage in the practice of massage therapy without
first having obtained a massage therapy license from the State of
Connecticut Department of Health, including any person engaging in
or carrying on massage therapy at a location designated by the customer
or patron rather than at a massage therapy establishment.
No permit issued pursuant to this article shall be transferable.
No permit to operate a massage therapy establishment shall be
granted until the Director of Health has determined that the establishment
complies with each of the following minimum requirements:
A. All massage therapy must be carried out in clearly designated rooms
within the massage therapy establishment. Such rooms shall provide
privacy to the client.
B. Adequate toilet and handwashing facilities for clients and employees
shall be provided.
C. Toilet and handwashing facilities shall be in good working condition
at all times and shall be kept clean and sanitary.
D. If used, tubs, steam baths and showers shall be in good working condition
at all times and shall be clean and sanitary.
E. Sinks with hot and cold running water and soap, or an approved hand
sanitizer shall be provided in each designated massage therapy room.
It shall be unlawful for any:
A. Person in a massage therapy establishment to place his or her hand
or hands upon, to touch with any part of his or her body, to fondle
in any manner or to massage a sexual or genital part of any other
person. Sexual or genital parts shall include the genitals, pubic
area, anus or perineum of any person, or the vulva or breasts of a
female, with the exception of a licensed massage therapist who has
advanced, specialized training to perform massages on the breasts,
with the informed written consent of the client.
B. Person in a massage therapy establishment to expose his or her sexual
or genital parts, or any portion thereof, to any other person. It
shall also be unlawful for any person in a massage establishment to
expose the sexual or genital parts, or any portions thereof, of any
other person.
C. Person, while in the presence of any other person in a massage therapy
establishment, to fail to conceal with a fully opaque covering the
sexual or genital parts of his or her body.
D. Person owning, operating or managing a massage therapy establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee or any other person under his or her control or supervision to perform such acts as prohibited in Subsection
A,
B or
C of this section.
If any terms, phrases, sentence, paragraph, section or article
of this article shall be declared invalid for any reason, such decision
shall not affect the remaining parts of this chapter, and such parts
shall continue in full force and effect and are hereby declared to
be severable.