Whereas persons working in this particular service industry
have often been found to identify themselves as bodyworkers in order
to gain exemption from the Massachusetts Rules and Regulations Governing
Massage Therapists, it is necessary to enact these Regulations Governing
the Practice of Bodywork to protect the public health and safety of
the community. The scope of these regulations is broad and includes
many aspects which if not adequately regulated could endanger the
community with the risk of prostitution, human trafficking and disease
transmission. It is the Board's intent that only individuals who meet
and maintain a minimum standard of competence and conduct within their
scope of practice as a professional may provide services to the public.
These regulations designate the requirements for obtaining a permit
to operate a bodywork establishment and permit to practice bodywork,
as well as grounds for suspension, revocation or denial of such a
permit.
ADMINISTRATIVE REVOCATION
Shall mean an administrative action with immediate effect
taken by the Department for cause when a permit holder fails to renew
a permit, or denies entry to an agent of the Department during the
conduct of an inspection. A permit holder whose permit has been administratively
revoked cannot lawfully continue to practice as a bodywork therapist
or to operate a bodywork establishment in the Town of Lexington. Permits
that have been administratively revoked may be reinstated upon meeting
the conditions contained in these regulations.
AGENT
Shall mean a person who has received delegation of authority
from the Public Health Director to perform functions subject to these
regulations.
APPLICANT
Shall mean a person seeking a permit that has submitted an
application and the applicable application fee for a permit to the
Board of Health.
APPLICATION
Shall mean the application approved by the Public Health
Director and provided by the Department.
BODYWORK
Shall refer to the practice of a person representing himself
or herself as a bodyworker or bodywork therapist, or the practice
of a person using primarily touch to manipulate tissue, which does
not constitute massage as defined in MGL, c. 135, in the course of
a treatment or therapy provided to another person. Bodywork may include
the affectation of the human energy system or acupoints or QI meridians
of the human body. The Board, in conjunction with the Department,
will maintain a list of treatment and therapy modalities considered
bodywork for the purposes of these regulations.
CERTIFICATION
Shall mean successful completion of the most current requirements
of the American Organization for Bodywork Therapies of Asia (AOBTA®),
National Certification Commission for Acupuncture and Oriental Medicine
(NCCAOM), American Reflexology Certification Board, or other national
professional membership organization recognized by the Institute for
Credentialing Excellence, or its accrediting body, that provides a
certification or credential for bodywork. Any such national professional
membership organization or national certification commission must
include an established set of educational standards, require compliance
with a specific code of ethics, and offer a grievance process. All
certifications and/or credentials must be approved by the Public Health
Director or the Board of Health.
CLIENT
Shall mean a person with whom the bodywork therapist has
an agreement to provide bodywork therapy services.
DEPARTMENT
Shall mean the Office of Public Health.
DIRECTOR
Shall mean the Public Health Director.
ESTABLISHMENT
Shall mean any location, or portion thereof, as listed on
the permit and under the control of an individual operator, which
advertises and/or provides bodywork therapy services on the premises.
Any health care facility licensed by an agency of the Commonwealth
of Massachusetts, or the office of any health care professional licensed
by the Commonwealth of Massachusetts wherein bodywork therapy services
are not advertised or provided except on an occasional outcall basis
is not an establishment for the purposes of these regulations. Any
location within a licensed health care facility or health care professional's
office which is dedicated to and maintained for the use of a therapist
who performs occasional therapy services to the patients of the facility
is a bodywork establishment for the purposes of permitting under these
regulations and the portions of the facility or office wherein bodywork
therapy services are provided must be in compliance with these regulations.
OPERATION
Shall mean the times when the establishment is open to the
public for the practice of bodywork.
OPERATOR
Shall mean the person possessing the permit to operate a
bodywork establishment issued by the Department.
PERMIT
Shall mean either a document issued by the Department allowing
a specific person to operate a bodywork establishment in the Town
of Lexington, or a document issued by the Department allowing a specific
person to practice bodywork in the Town of Lexington.
PERMIT HOLDER
Shall mean a person holding a permit, which is in his or
her name, issued by the Department.
PERSON
Shall mean any individual, firm, corporation, partnership,
organization, or body politic.
PERSON IN CHARGE
Shall mean the permit holder present at the bodywork establishment
who is responsible for the operation at the time of inspection, and
who is authorized to sign Department inspection forms and communicate
with the Department or its authorized agent(s).
RETIRED PERMIT
Shall mean a permit that has not been renewed for more than
12 consecutive months.
THERAPIST
Shall mean a person holding a permit to practice bodywork,
which is in his or her name, issued by the Department.
To practice bodywork therapy, or to be employed in a bodywork
establishment in the Town of Lexington, a person must possess a current
and valid permit to practice bodywork issued by the Department. The
process for obtaining a permit to practice bodywork is as follows:
A. An application shall be obtained from the Department.
B. The applicant shall answer every question truthfully and completely
and supply all information requested in the application. The applicant
shall submit the completed application to the Department. False statements
shall constitute grounds for denial.
C. Applications shall be accepted throughout the year. The Department
shall make reasonable efforts act on completed permit applications
within 30 days of receipt.
D. The applicant shall submit a certified copy of his/her birth certificate
or its equivalent to establish that the applicant is at least 18 years
of age at the time of application. The applicant shall submit a high
school diploma or its verifiable equivalent.
E. The applicant shall be able to communicate effectively in English.
F. The applicant shall attach to his/her application a signed passport
type photograph taken within the preceding 12 months.
G. The applicant shall provide satisfactory evidence of being appropriately certified in accordance with §
155-158, the definition of "certification."
H. The applicant shall provide proof of coverage by an individual professional
liability insurance policy of at least $1,000,000 per occurrence and
at least $1,000,000 aggregate.
I. The applicant shall complete a release of Criminal Offender Record
Information (CORI) and a release of Sexual Offender Registry Information
(SORI) to the Department.
J. The applicant shall disclose the circumstances surrounding any of
the following:
(1)
Any conviction for any sexual related crime occurring within
the past 10 years.
(2)
Revocation or denial of a permit or license to practice bodywork
issued by any state or municipality.
(3)
Loss or restriction of a permit, license or certification by
any jurisdiction for any reason.
K. The applicant shall submit a nonrefundable application fee with his
or her application. The fee will be determined by the Board of Health.
An application is not considered complete unless accompanied by the
applicable fee.
L. The application shall be sworn to and signed by the applicant under
the pains and penalties of perjury and be notarized by a Notary Public
of the Commonwealth of Massachusetts.
M. All documents submitted for the purpose of obtaining a permit become
the property of the Department and will not be returned.
To operate a bodywork establishment in the Town of Lexington,
a person must possess a current and valid permit to operate a bodywork
establishment issued by the Department. The process for obtaining
a permit to operate a bodywork establishment is as follows:
A. An application shall be obtained from the Department.
B. The applicant shall answer every question truthfully and completely
and supply all information requested in the application. The applicant
shall submit the completed application to the Department. False statements
shall constitute grounds for denial.
C. Applications shall be accepted throughout the year. The Department
shall make reasonable efforts to act on completed applications within
30 days of receipt.
D. The applicant shall include in the application copies of the permits
to practice bodywork of all therapists performing bodywork at the
establishment. To obtain a permit, an establishment shall have at
least one duly permitted body worker employed at all times.
E. The applicant is responsible for ensuring all persons performing
bodywork in his/her establishment are permitted by the Department.
F. The applicant shall submit a nonrefundable application fee with the
application. The fee will be determined by the Board of Health. An
application is not considered complete unless accompanied by the applicable
fee.
G. The application shall be sworn to and signed by the applicant under
the pains and penalties of perjury and be notarized by a Notary Public
of the Commonwealth of Massachusetts.
H. All documents submitted for the purpose of obtaining a permit become
the property of the Department and will not be returned.
I. The applicant shall provide the name or names of individuals that
are currently certified in basic cardiopulmonary resuscitation (CPR)
and a copy of their valid certification form. One individual trained
in CPR shall be on-site at all times during operating hours.
If any section, subsection, sentence, clause, phrase, heading,
or any portion of these regulations is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provisions
and such holding shall not affect the validity of the remaining portions
thereof.