As used in this chapter, the following terms
shall have the meanings indicated:
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, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education, and education in self-care
and stress management. Massage, bodywork and somatic therapies do
not include the diagnosis or treatment of illness, disease, impairment
or disability.
The provisions of this chapter shall not apply
to massage, bodywork or somatic therapies given:
A. In the office of licensed physician, chiropractor
or physical therapist;
B. At a regularly established medical center, hospital
or sanatorium having a staff that includes licensed physicians, chiropractors
and/or physical therapists;
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.
Any person seeking a permit for a massage, bodywork
and/or somatic therapy establishment shall file a written application
with the Board of Health. The application form shall be supplied by
the Board of Health and require the following information:
A. The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B. The name, style and designation under which the business
would be conducted.
C. The address, including mailing address if different,
and all telephone numbers, including facsimile, where business would
be conducted.
D. A complete list of the names and residence addresses
of all massage, bodywork and/or somatic therapists and employees of
the business and the name and residence address of the manager or
other person to be principally in charge of operation of the business.
E. A sworn statement indicating that all massage, bodywork
and/or somatic therapists employed or to be employed by the establishment
or otherwise permitted to work at the establishment have been certified
by the State of New Jersey pursuant to the Massage, Bodywork and Somatic
Therapist Certification Act, P.L. 1999, c. 19. A copy of the current
certification for each such therapist shall be included with the application.
F. Personal information concerning the applicant, if
an individual, or each person or entity with more than a ten-percent
interest in the entity, as well as each officer and each director,
if the applicant is a corporation; concerning the partners, including
limited partners, if the applicant is a partnership; and, concerning
the manager or other person to be principally in charge of operation
of the business:
(1) Name, complete residence address and residence telephone
number.
(2) The two immediately prior addresses if at present
address fewer than 10 years.
(4) Height, weight, gender, color of hair and eyes.
(5) Two front-face portrait photographs at least two inches
by two inches in size taken within 30 days of the date of the application.
(6) At least one other form of identification, such as
valid driver's license, passport, visa or social security card.
(7) Narrative of massage therapy or similar business history
and experience, including whether such person or entity has previously
operated under a license or permit in this or another municipality
or state, or has had such license or permit denied, revoked or suspended
and the reason therefor, and the business activities or occupations
subsequent to such denial, suspension or revocation.
(8) As to any criminal or quasi-criminal conviction, full
disclosure of the jurisdiction in which convicted, the offense for
which convicted and circumstances thereof.
(9) A written waiver and consent to allow a fingerprint
and criminal background check by the Township Police Department must
accompany the application. Failure to execute such a waiver and consent
shall result in denial of a permit.
(10) The names and addresses of three adult residents of
the county who will serve as character references. These references
must be persons other than relatives and business associates. For
good cause shown the Township may accept out-of-county references.
No part of any quarters of any massage, bodywork
and/or somatic therapy establishment shall be used for or connected
with any bedroom or sleeping quarters, nor shall any person sleep
in such massage, bodywork and/or somatic therapy establishment except
for limited periods incidental to and directly related to a massage,
bodywork and/or somatic therapy treatment or bath. This provision
shall not preclude the location of massage, bodywork and/or somatic
therapy establishment in separate quarters of a building containing
a hotel or other separate business(es) or club(s).
Representatives of the Board of Health, Police
Department and/or the Building Department shall, from time to time,
and at least twice a year, make an inspection of each massage, bodywork
and/or somatic therapy establishment granted a permit for the purpose
of determining whether the provisions of this chapter are being complied
with. Such inspections shall be made at reasonable times and in a
reasonable manner. It shall be unlawful for any permittee to fail
to allow access to the premises or to hinder inspection in any manner.
The permittee shall pay an inspection fee established by the Board
of Health.
In addition to revocation or suspension of the
permit granted under this chapter, any person who violates any provision
of this chapter shall be punished by a fine not exceeding $1,250 or
by imprisonment for a term not exceeding 90 days, or both, in the
discretion of the court.