[HISTORY: Adopted by the Board of Health
of the Town of Franklin 2-2-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
[1]
Editor's Note: This regulation supersedes
former Ch. 240, Massage Parlors, adopted 7-8-1986, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any location, place, area, structure or business where massage
therapy is performed or practiced.
The act or technique of manually or mechanically rubbing,
kneading or stroking the human body as a method of physical treatment.
A.
Each massage therapist and massage facility shall
obtain a valid license granted by the Franklin Board of Health, which
license shall expire on December 31 of each year. Each applicant shall
submit an original fee and annual renewal fee as determined by the
Town of Franklin prior to issuance of license.[1] A license shall not be transferable from a person or place.
B.
No person shall practice massage therapy or operate
a massage facility without being granted a license from the Franklin
Board of Health except those individuals exempt from licensing requirements
pursuant to MGL c. 140, § 51, or those individuals registered
and licensed under the provisions of Chapter 112 of the Massachusetts
General Laws.
C.
Requirements for massage therapist licenses. Each
person holding a valid massage therapist license obtained from the
Franklin Board of Health shall meet the following requirements:
(1)
Be as least 18 years of age.
(2)
Be of good moral and ethical character.
(3)
Be a high school graduate or the equivalent.
(4)
Have completed an approved course in the art, science
and practice of massage therapy in an approved, accredited and licensed
institution or have had at least five years of experience in an approved
and licensed massage facility in the Commonwealth of Massachusetts.
D.
Requirements For massage facility license. Each establishment
holding a valid massage facility license obtained from the Franklin
Board of Health shall meet the following requirements:
(1)
The interior of the massage facility and all equipment
and fixtures shall be maintained in good repair and in safe, clean,
sanitary condition, free from all accumulation of dirt and rubbish.
(2)
Clients and personnel shall have access to toilet
and hand-washing facilities which shall be cleaned and disinfected
at least once every 24 hours and which have available liquid soap,
paper towels and a receptacle for disposing of used towels.
(3)
Each facility shall provide to its clients paper or
cloth towels which may not be shared. Cloth towels must be washed
and sanitized after each use.
(4)
The facility shall be well lighted, well ventilated
and properly heated when seasonally indicated.
(5)
Clients shall at all times wear garments in a manner
such that there is no exposure of the male/female genitalia.
(6)
Massage therapists shall wear proper body clothing
and shall practice strict hygienic practices.
(7)
A daily log shall be kept by the massage facility
operator recording the date and time of each client visit, including
the name, age and address of each client and method of service given.
The daily log shall be open and available for inspection by the State
and Local Health Department.
(8)
All equipment and fixtures in the facility, including
shower stalls, steam, sauna and whirlpool baths shall be installed
in accordance with accepted plumbing, gas fitting and electrical wiring
standards.
A.
No person with skin lesions or other evidence of skin
disease shall be accepted as a client until a certificate of approval
is given by a licensed physician.
B.
No massage facility as defined herein shall operate
between 10:00 p.m. and 6:00 a.m., inclusive, unless given written
authorization by the Franklin Board of Health.
The Franklin Board of Health, Health Agent or
State Department of Public Health shall have access at all reasonable
times to any massage facility for the purpose of inspecting said facility.
A.
The Franklin Board of Health shall have the power
and responsibility for enforcement of this chapter.
B.
Any person who violates one or more of the provisions
of this chapter shall be penalized through noncriminal disposition
in accordance with Massachusetts General Laws, c. 40, § 21D.
A fine of up to $100 per day shall apply. Each day's failure to comply
shall constitute a separate and distinct offense.
C.
The Franklin Board of Health may revoke, without a
hearing, any massage therapist or massage facility license granted
by it for such cause as it deems sufficient.
[Added 1-4-2023]
A.
Purpose.
The purpose of this regulation is to protect the public health and
safety of the community, including the patrons, employees, and owners
of commercial businesses offering legitimate services such as bodywork
therapy, reflexology, spa services, and others. The scope of this
regulation is broad and includes provisions designed to ensure legitimate
operations and to guard against the risk of prostitution, human trafficking
and disease transmission. It is the Board of Health's intent that
only an individual who meets and maintains a minimum standard of competence
and conduct within their scope of professional practice may provide
services to the public. This regulation designates 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.
B.
Authority.
These regulations are adopted by the Franklin Board of Health, pursuant
to its authority under MGL c. 111, § 31.
C.
AGENT
APPLICANT
APPLICATION
BODYWORK
CRIMINAL OFFENDER RECORD INFORMATION (CORI)
DEPARTMENT
ESTABLISHMENT
LICENSEE
PATRON
SANITIZATION
SEX OFFENDER REGISTRY INFORMATION (SORI)
THERAPIST
TOBACCO PRODUCT
Definitions.
A person employed by the Town of Franklin who is authorized
by the Board of Health to perform functions subject to these regulations.
An individual or entity seeking licensure who has submitted
an official application as provided by the Franklin Public Health
Department, two forms of identification, a complete CORI/SORI record
request form, and has paid the application fee.
The application form provided by the Franklin Public Health
Department which has been signed under penalty of perjury, that the
foregoing information contained in the application is true and correct,
said declaration being duly dated, signed, and notarized within the
Town.
Shall refer to practices including, but not limited to: Acupressure™, Asian
bodywork, AMMA Therapy®, Body-Mind Centering, Chi Nei Tsang, Feldenkrais Method,
Five Element Shiatsu, Integrative Eclectic Shiatsu, Japanese Shiatsu,
Jin Shin Do®, Korean bodywork, Bodymind Acupressure™, Polarity, Macrobiotic
Shiatsu, Reflexology, Reiki, Rolph Structural Integration, Shiatsu
Amma Therapy, traditional Thai massage and bodywork, Trager Approach,
Tui na, Qi Gong, Zen Shiatsu, Ayurvedic medicine and other practices
as they become known.
A record of criminal offenses committed as an adult or juvenile,
as compiled by the Criminal History Systems Board.
Unless otherwise specified, shall mean the Franklin Public
Health Department acting in its role as the agent for the Franklin
Board of Health.
Any location, or portion thereof, in the Town of Franklin
which advertises and/or provides bodywork therapy services on the
premises. Any health care facility licensed by the Commonwealth of
Massachusetts or the office of any health care professional licensed
by the Commonwealth of Massachusetts is not an establishment for the
purposes of these regulations. In addition, bodywork establishments
shall not be located in a private residence, condo, apartment, or
other residentially zoned space.
A person holding a license to practice any form of bodywork
therapy or to operate a bodywork establishment in the Town of Franklin.
Where applicable, this shall include partnerships and/or corporations.
A person with whom the bodywork therapist has an agreement
to provide bodywork therapy services or a visitor or any other person
on premises at the establishment who is not an employee.
Effective bactericidal/germicidal treatment by a process
that provides enough accumulative heat or concentration of chemicals
for enough time to reduce the bacterial/germ count, including bacterial,
viral, and fungal pathogens, to a safe level on massage table surfaces,
instruments, and/or the general facility.
A record of convictions for specified sexual offenses committed
as an adult or juvenile, as compiled by the Sex Offender Registry
Board.
A bodywork practitioner licensed by the Franklin Public Health
Department.
Any product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to: cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes,
electronic cigars, electronic pipes electronic hookah, or other similar
products, regardless of nicotine content, that rely on vaporization
or aerosolization. "Tobacco product" includes any component or part
of a tobacco product. "Tobacco product" does not include any product
that has been approved by the United States Food and Drug Administration
either as a tobacco use cessation product or for other medical purposes
and which is being marketed or sold or prescribed solely for the approved
purpose.
D.
Bodywork
establishment and individual bodywork therapist licenses. Any person
or entity desiring to open or conduct a commercial business practicing
bodywork therapy shall obtain a bodywork establishment license from
the Franklin Public Health Department. Any person desiring to be a
bodywork therapist at a bodywork establishment shall obtain an individual
bodywork therapist license. The application for these licenses shall
include the items specified herein:
(1)
The
applicant shall submit a completed application form provided by the
Franklin Public Health Department.
(2)
The
applicant shall submit a nonrefundable application fee according to
the Health Department fee schedule.
(3)
The
applicant shall provide supporting documentation that he/she is 18
years of age or older by presenting two forms of positive identification.
One form must include a photograph, such as a valid state driver's
license with photo, a state identification card with photo, and/or
a valid passport. The second form of ID may be a certified long-form
birth certificate, certified baptismal record, certified record of
marriage, certified copy of social security card, or other government-issued
photo ID.
(4)
The
applicant shall submit to the Franklin Public Health Department a
form authorizing the Town of Franklin or a contracted third party
to conduct a Criminal Offender Record Information (CORI) inquiry and
a Sex Offender Registry Information (SORI) inquiry, and to report
the results of those inquiries to the Franklin Public Health Department.
All responses to these record checks shall be kept confidential. By
signing the application or renewal form, the applicant gives authorization
to the Town of Franklin or its contracted third party to run a CORI/SORI
background check, which will consist of the information pertaining
to all convictions, nonconvictions, and pending criminal case information.
CORI and SORI checks may be conducted in all states in which the applicant
has resided within the last 10 years.
(5)
The
applicant shall disclose the circumstances surrounding any of the
following convictions or license revocations:
(a)
Disclosure of any conviction for any sexual-related offense, including
prostitution or sexual misconduct.
(b)
Disclosure of any conviction of any misdemeanor or felony occurring
within the past 10 years.
(c)
Disclosure of open criminal charges that are pending judicial action.
(d)
Revocation, suspension, or denial of a license to practice massage
issued by any state or municipality.
(e)
Loss or restriction of any licensure or certification by any municipality
or other jurisdiction for any reason.
(6)
The Franklin Police and the Franklin Public Health Departments shall determine whether an applicant's conduct, criminal or otherwise, shall disqualify that person from obtaining license. Any convictions or license revocations as outlined in Subsection M will result in an automatic denial of the application.
(7)
The
applicant shall submit written declaration, under penalty of perjury,
that the foregoing information contained in the application is true
and correct, and said declaration shall be duly dated, signed, and
notarized in the Town. False statements shall constitute grounds for
revocation of an issued license or denial of a pending license application
or license renewal.
(8)
The
Franklin Public Health Department, prior to the issuance of any license,
shall evaluate each individual application by the information provided.
The Board of Health or Public Health Department may place special
conditions on any license issued.
(9)
False
statements in said application shall be grounds for denial, suspension,
or revocation of a license.
(10)
Applicants
for a bodywork establishment license shall provide proof of professional
liability insurance with a minimum coverage level of $1,000,000, as
well as workers' compensation insurance.
(11)
Applicants
for a bodywork establishment license 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 must be on-site at all times during
operating hours.
(12)
The
holder of the bodywork establishment license shall be ultimately responsible
for the physical facility, instruments, advertising, postings, employees,
and all compliance with these regulations.
(13)
The
holder of a bodywork establishment license shall also obtain an individual
bodywork therapist license, if the individual will conduct bodywork.
An establishment license does not permit the person to practice without
a therapist license.
(14)
All
applicants for an individual bodywork therapist license shall allow
one front faced digital photograph to be taken by the Franklin Public
Health Department at the time of license application submittal. This
photograph will be attached to the license, if granted.
(15)
All
applicants for an individual bodywork therapist license shall obtain
a physician's letter dated no earlier than six months prior to the
submittal of the application, stating that the applicant has had a
physical examination and to the best of the physician's knowledge
is up-to-date with adult immunizations and free from communicable
diseases and/or conditions that may be transmitted due to close physical
contact and detrimental to the public's health.
(16)
All
individual bodywork therapist license applicants must identify the
name(s) of the licensed establishment(s) where he or she will practice
bodywork therapy. In addition, a license holder shall notify the Franklin
Public Health Department if the individual changes employment venue
within the Town.
(17)
It
is a violation of these regulations for any person who is not licensed
in the manner described herein to operate a bodywork establishment
or to operate as an individual bodywork therapist.
E.
License
renewal.
(1)
This
license shall expire on December 31 annually.
(2)
The
applicant shall provide a completed renewal application, including
new physician's letter and CORI/SORI form authorization with required
documentation, in person to the Franklin Public Health Department.
(3)
The
fee for each license renewal shall be in accordance with the most
recent Health Department fee schedule.
F.
Conditions
of bodywork license.
(1)
No
bodywork therapist shall perform services if either the practitioner,
or a patron, has a communicable disease or exhibits any skin fungus,
skin infection, skin inflammation, or skin eruption.
(2)
No
licensed therapist shall use the therapist-client relationship to
solicit for or engage in sexual activity with any client, whether
consensual or otherwise, whether within or outside the massage establishment,
or to make arrangements to engage in sexual activity with any client.
(3)
Bodywork
therapists must wash their hands with soap and water immediately before
and after administering services to any person.
(4)
Therapists
must maintain a sufficient level of personal cleanliness and be clothed
in clean and appropriate attire which at no time will expose any portion
of the areola of the female breast or any portion of the pubic hair,
cleft of the buttocks, or genitals.
(5)
Clients
must be clothed in appropriate attire or draped with clean towels;
at no time shall the client's areola of the female breast or any portion
of the pubic hair, cleft of the buttocks, or genitals be exposed.
(6)
Therapists
may not perform services they are not specifically licensed to perform,
such as: diagnose disease, perform joint/spinal manipulation, perform
acupuncture, or other. In addition practitioners shall not operate
equipment they are not trained or licensed to operate, such as: x-ray,
fluoroscope, diathermy, or other similar equipment.
(7)
Therapists
may not use, or allow patrons to use, alcoholic beverages, illegal
drugs, illicit drugs, marijuana, whether for medical or recreational
usage, or controlled substances on the licensed premises.
(8)
The
individual license to conduct bodywork and the bodywork establishment
license are nontransferable. Any changes in the business location
or other applicable information of the licensee must be reported to
the Franklin Public Health Department within 14 days of the change.
(9)
For
those therapists who conduct business at more than one location, the
original license shall be retained on file at the first address indicated
on the license. At the additional business address, the practitioner
shall retain on file a copy of the license to which an original Franklin
Public Health Department stamp has been placed.
(10)
Bodywork
establishment licenses must be prominently displayed in the waiting
room of the establishment; licenses for individual bodywork practitioners
shall be retained on file in all locations at which the individual
practices bodywork.
(11)
The
use of aliases by practitioners and apprentices is prohibited.
(12)
Therapists
may not administer a massage, unless the individual is properly licensed
by the Massachusetts Board of Registration of Massage Therapy and
the premises at which the massage occurs is similarly licensed by
the commonwealth for the conduct of massage.
(13)
Therapists
and bodywork practitioners may administer treatment to a person younger
than 18 years of age, provided that a parent or guardian signs an
intake form for the client younger than 18 years of age who is receiving
treatment and provided that the parent or guardian of the client is
provided the option to observe the treatment session from inside the
therapy room.
(14)
All
therapists shall have a valid form of identification on them at all
times within the establishment.
(15)
All
bodywork practitioner licensees shall notify the Franklin Public Health
Department of a change of name and/or home address within 14 days.
(16)
All
licensees shall notify the Franklin Public Health Department of any
criminal complaint brought against them or licensed practitioners
operating within their establishment within seven days. Failure to
do so may result in revocation of licensure.
G.
Facility
and equipment.
(1)
The
operator shall provide that all public areas, rooms used for therapy,
and employee areas are clean and sanitary. The establishment must
be well-lighted, adequately ventilated, properly heated, and free
from defects that would create a public health or employee safety
hazard in accordance with all local, state, and federal regulations.
(2)
Every
room used for the treatment of patrons shall be equipped with a door
and have at least 70 square feet of floor space. All treatment room
doors shall not be capable of being locked.
(3)
No
room or section of an establishment shall be used as a bedroom, for
sleeping purposes, or as a domicile.
(4)
Every
waiting room area must be lit with a combination of natural and artificial
lights. Blackout curtains, other light prohibitive shades, or window
sprays are prohibited.
(5)
Standard
or portable massage tables shall be covered with a durable washable
material, which is capable of being cleaned and sanitized, and is
cleaned and sanitized after each patron use.
(6)
A sink
with running hot and cold water (minimum hot water temperature should
be 110º F.) must be located in an easily accessible area within
the permitted establishment.
(7)
Sanitizing
chemicals/equipment should be on site and labeled with ingredients
it contains, in case of a spill. All furniture and equipment in each
room shall be kept clean and sanitary at all times.
(8)
Restrooms
must be made available to customers/employees and shall be located
in an easily accessible area within or near the permitted establishment.
(9)
Nondisposable
instruments shall be sanitized after use on each person in a manner
sufficient to maintain cleanliness.
(10)
The
facility shall have adequate equipment for disinfecting and sanitizing
nondisposable instruments and materials used in administering bodywork.
(11)
No
unsanitized part of an instrument (i.e., hot stones) shall be applied
directly to the skin of a patron.
(12)
Robes,
towels, cloths, or other linens, which come into direct contact with
the bodies of patrons, shall, after use and before reuse, be laundered
in such a manner as to ensure effective sanitization.
(13)
No
common use of robes, towels, cloths, sheets, or other linens is permitted.
All used robes, towels, cloths, or other linens shall be kept in covered
containers, closed cabinets, or closed bags and shall be held separately
from clean robe, towel, cloth or linen storage areas. Such separate
storage areas shall be plainly marked as "CLEAN" or "SOILED."
(14)
All
oils, creams, lotions, talc, or other preparations used in administering
bodywork shall be kept in factory labeled containers in a clean and
closed condition. All such containers shall be stored in appropriate
cabinets or shelving.
(15)
All
nondisposable instruments and devices designed or used for direct
application to the skin shall be kept in a clean location.
(16)
Ensure
nonlatex gloves are available on site. If latex-containing products
are to be used, a sign shall be conspicuously posted stating all clients
shall be advised that latex-containing products are in use.
(17)
Conducting
bodywork therapy shall be limited between the hours of 7:00 a.m. and
9:00 p.m.
(18)
Patrons
shall be granted access to inspect all oils, creams, lotions, talc,
or other preparations treatment substances before use on the individual.
(19)
The
facility shall have a conspicuously placed sign in the lobby which
reads "Report any inappropriate or unsanitary conditions to the Franklin
Public Health Department at (781) 455-7500 or to the Franklin Police
Department at (781) 444-1212. In the event of an emergency, please
immediately call 9-1-1."
(20)
No
items of sexual nature may be stored or displayed within the establishment
or on the grounds.
(21)
Use
of any kind of tobacco products is prohibited within a bodywork establishment
or on the grounds thereof.
(22)
One
individual trained in basic cardiopulmonary resuscitation (CPR) must
be on-site at all times during operating hours.
(23)
A
Department of State – "Know Your Rights" pamphlet and other
educational material as deemed necessary by the Public Health Department
shall be displayed prominently in employee areas, in English and also
in all languages spoken by on-site personnel.
(24)
No
bodywork facility shall install a shower or other home good that would
allow the employees of such establishment with the ability to live
at the facility.
H.
Advertisement. Bodywork therapists and owners
of such establishments shall be mindful of professional ethics when
placing advertisements. Advertising in periodicals, newspapers, or
online in a sexual or provocative manner (i.e., pictures or language)
to promote business may be construed as a violation of the proper
standards of bodywork and will result in the revocation of the license.
I.
Department
of State – Know Your Rights pamphlet. Any place of employment
that is thought to be a common location of human trafficking, as reported
by the National Human Trafficking Resource Center, shall conspicuously
post a Department of State – Know Your Rights pamphlet in a
commonly visited employee information posting area. The pamphlet must
be available in both English and the primary language of all employees.
As of the date these regulations are enacted, common human trafficking
employment locations shall include hotels, nail salons, restaurants,
bars, strip clubs, farm labor camps, construction companies, large
factories, and bodywork establishments defined herein. The Franklin
Public Health Department has the right to include more business locations
that are common locations for human trafficking as they become known
to the Franklin Public Health Department, Franklin Police Department,
or the National Human Trafficking Resource Center. This pamphlet is
available free of charge at the following web address: http://travel.state.gov/content/visas/english/general/rights-protections-temporary-workers.html.
J.
Inspections.
(1)
The
purpose of inspections is to verify the compliance of these regulations.
(2)
Denial
of access to any part of an establishment, by the licensee, by a bodywork
therapist, or an employee, may result in immediate revocation/suspension
of the license.
(3)
Applicants
will be subject to a minimum of two inspections by the Franklin Public
Health Department, Franklin Police Department, or their authorized
agents over the course of the fiscal year. One inspection may be announced
to the facility prior to the visit and one or more inspections may
be unannounced, where an agent visits without prior notification to
the facility.
(4)
Reinspection
shall take place when an establishment does not pass an inspection.
K.
Disciplinary
actions, orders and hearings.
(1)
Actions.
Upon a finding by an agent that a licensee has violated any provisions
of these regulations, the Franklin Public Health Department and/or
the Board of Health may impose any of the following actions separately
or in any combination which is deemed appropriate to the offense:
(a)
Suspension of a licensee's right to practice or maintain an establishment
for a fixed period of time, or denial of a license application or
license renewal.
(b)
Administrative revocation for failing to renew licensure in a timely
manner. Licenses that have been administratively revoked may be reinstated
upon the licensee's achievement of all the renewal requirements of
these regulations. The license will expire if there is no renewal
and the therapist will be considered to not have a license until the
renewal requirements are achieved and a license is renewed or (re)issued.
(c)
Revocation for cause which terminates the license. The Franklin Public
Health Department and/or the Board of Health may allow reinstatement
of a revoked license upon conditions and after a period of time deemed
appropriate. Any person whose license has been revoked may not apply
for licensure for at least one year unless otherwise stated in the
revocation order.
(2)
(3)
Hearings.
(a)
The person to whom any order or notice has been issued pursuant to
violations of any provision of these regulations may request a hearing
before the Board of Health. Such a request must be in writing and
shall be filed with the Franklin Public Health Department within five
working days of receipt of the order or notice. Upon receipt of such
request, the Board of Health or its agent shall inform the petitioner
thereof in writing of the time and place of said hearing, which shall
be commenced within a reasonable time.
(b)
At the hearing, the petitioner shall be given an opportunity to be
heard, to challenge the inspection findings, and/or to show why the
order should be modified or rescinded, or why the license should not
be suspended or revoked. Any oral testimony given at a hearing shall
be recorded electronically and shall be part of the licensee's file.
(c)
After the hearing, the Board of Health shall make a final decision
based upon the complete hearing record and shall inform the petitioner
in writing of the decision. If the Board of Health sustains or modifies
an order, it shall be carried out within the time period allotted
in the original order or in the modification.
(d)
Every notice, order, decision or other record prepared by the Board
of Health in connection with the hearing shall be entered as a matter
of public record in the Franklin Public Health Department.
L.
Prohibitions.
(1)
No
person licensed by Franklin Public Health Department to perform bodywork
shall use the therapist-client relationship to solicit for, or engage
in, sexual activity with any client, whether consensual or otherwise,
whether within or outside the massage establishment, or to make arrangements
to engage in sexual activity with any client.
(2)
At
no time shall a practitioner of bodywork therapy conduct any business,
or list as a business, his/her home address. Additionally, at no time
may clients be seen at the practitioner's residence or run a bodywork
business as a door-to-door enterprise.
(3)
At
no time shall a practitioner of bodywork therapy run a business from
a residence, condominium, hotel, motel, mobile home, or other residential
setting.
M.
General
enforcement.
(1)
These
regulations may be enforced by the Franklin Public Health Department
and the Police Department and other departments or agencies supporting
the Town of Franklin, except that only the Public Health Department
and/or Board of Health may grant, deny, revoke, suspend or modify
permits or variances of these regulations. The grounds on which the
Public Health Department may deny renewal, revoke, suspended, or modify
any permit or certification issued pursuant to these regulations include,
but are not limited to:
(a)
Refusal to permit an agent of the Public Health Department or other
government official to inspect the facility;
(b)
Interference with an agent of the Public Health Department or other
government official in the performance of their duty;
(c)
A criminal conviction of the license holder relating to the operation
of the establishment;
(d)
Failure of the license holder to submit the appropriate documentation;
(e)
Failure to pay the required license fees or assessed fines or penalties;
(f)
The establishment's owner, operator, or employee's failure to comply
with these regulations;
(g)
Committing a prohibited or criminal act as outlined in this document;
(h)
Keeping or submitting any misleading or false records or documents
related to the operation of the establishment or practicing bodywork;
(i)
Otherwise operating a bodywork facility or practicing bodywork so
as to cause a threat to the public health or safety shall cause suspension,
modification, or revocation of license.
(2)
Such
action by the Public Health Department may include ordering other
appropriate relief, including, but not limited to, ordering corrections
to the physical facility. These regulations may be enforced through
appropriate criminal or civil process, including but not limited to
that specified at MGL c. 40, § 21D, in any court of competent
jurisdiction. All criminal acts or violations of MGL will be enforced
by the Franklin Police Department. In addition, the Franklin Police
Department or Public Health Department may issue fines per these regulations
on top of penalties accessed by the appropriate criminal court.
N.
Fines for
violations of orders and suspensions Any person or entity violating
any term or condition of these regulations, or any Franklin Public
Health Department suspension or order enforcing these regulations,
shall be subject to a fine for each violation according to MGL c.
40, § 21D, Noncriminal disposition of ordinance, bylaw,
rule, or regulation violations.
O.
Exemptions.
Pursuant to these regulations a professional practitioner license
shall not be required of the following individuals while engaged in
the regular performance of the duties of their respective professions:
(1)
Physicians,
chiropractors, osteopaths, occupational therapists or physical therapists
who are licensed to practice their respective professions in the Commonwealth
of Massachusetts.
(2)
Athletic
trainers duly licensed under the laws of the Commonwealth of Massachusetts.
(3)
Nurses
who are registered or licensed under the laws of the Commonwealth
of Massachusetts.
(4)
Barbers
and beauticians who are duly registered under the laws of the Commonwealth
of Massachusetts, provided that this exemption shall apply solely
to the massage of the neck, face, scalp, and hair of the customer
or client for cosmetic or beautifying purposes.
(5)
Acupuncturists
duly licensed under the laws of the Commonwealth of Massachusetts.
(6)
Persons
licensed to practice massage by any city or town in the Commonwealth
of Massachusetts may, at the request of a physician, attend patients
in the Town of Franklin without taking out an additional license.
(7)
Naturopathic
physicians who are duly licensed by a state or province.
P.
Severability.
If any chapter, section, paragraph, sentence, clause, phrase, or word
of these regulations shall be declared invalid for any reason whatsoever,
that decision shall not affect any other portion of these regulations,
which shall remain in full force and effect; and to this end the provisions
of these regulations are hereby declared severable.
Q.
Transitional
rules. Existing bodywork establishments, as well as individuals who
conduct bodywork shall submit applications for licensure to the Franklin
Public Health Department within 90 days of passage of these regulations.
R.
Effective
date. These regulations are formally adopted by the Franklin Board
of Health on January 4, 2023, and shall take effect on February 3,
2023.
