As used in this chapter, the following terms
are defined as follows:
MASSAGE
The practice of a profession scientifically applied to the
patient by the operator's hands.
MASSAGE ESTABLISHMENT
Any massage establishment or place of business wherein massage
as to all or any one or more of the above-named subjects and methods
of treatments, as defined in this section, shall be administered or
used.
MASSAGE THERAPIST
Any person who practices or administers as to all or any
of the following named subject matters and who has made a study of
the underlying principles of anatomy and physiology as generally included
in a regular course of study by a recognized and approved school of
massage; to wit, the art of body massage either by hand, or with a
mechanical or vibratory apparatus for the purpose of body massaging,
reducing or contouring; the use of oil rubs, heat lamps, salt glows,
hot and cold packs, tub, shower or cabinet baths. Variations of the
following procedures are employed: touching, stroking, friction, kneading,
vibration, percussion and medical gymnastics. Massage therapists shall
not diagnose or treat classified diseases nor practice spinal and
other joint manipulations nor prescribe medicines or drugs.
All applicants must meet the requirements of
certification pursuant to the provisions of N.J.S.A. 45:11-53 et seq.,
as a massage, bodywork and somatic therapist.
Every person to whom a license is granted shall
display such license in a conspicuous place at his/her place of business.
Hours of operation for a licensed massage establishment
is permitted from 9:00 a.m. to 10:00 p.m. daily.
No license to conduct a massage establishment
shall be issued unless an inspection discloses that the establishment
complies with each of the following minimum requirements:
A. Sign. A readable sign shall be posted at the main
entrance identifying the establishment as a massage establishment,
provided, also, that all such signs shall otherwise comply with the
general sign requirements of the Township.
B. Lighting. Minimum lighting shall be provided in accordance
with the applicable ordinances of the Township and, additionally,
at least one artificial light of not less than 40 watts shall be provided
in each enclosed room or booth where massage services are being rendered.
A change of location of the massage premises
shall be approved by the Director of Public Safety or other designated
officer, provided all applicable ordinances are complied with and
the change of location fee of $100 is paid first.
It shall be the responsibility of the holder
of the license for a massage establishment to ensure that each person
employed as a massage therapist shall first have obtained a valid
license pursuant to this chapter.
At least twice each year an inspection of each
massage establishment may be made by the Direction of Public Safety
or other designated officer for the purpose of determining that the
provisions of this chapter are met.
The license of a massage therapist may be revoked
by Township Council with recommendation from the Township Clerk and
Director of Public Safety for one or more of the following grounds:
A. That the licensee is guilty of fraud in the practice
of massage, or fraud or deceit in his/her being licensed to the practice
of massage;
B. That the licensee has been convicted in a court of
competent jurisdiction of a felony. The conviction of a felony shall
be the conviction of any offense which, if committed within this state,
would constitute a felony under the laws thereof;
C. That the licensee is engaged in the practice of massage
under a false or assumed name or is impersonating another practitioner
of a like or different name;
D. That the licensee is addicted to the habitual use
of intoxicating liquors, narcotics or stimulants to such an extent
as to incapacitate such person for the performance of his/her professional
duties;
E. That the licensee is guilty of fraudulent, false,
misleading or deceptive advertising, or that he/she prescribes medicines
or drugs or practices any other licensed profession without legal
authority thereof;
F. That the licensee is guilty of willful negligence
in the practice of massage or has been guilty of employing, allowing
or permitting any unregistered person to perform massage in his/her
establishment; or
G. That the licensee has violated any of the provisions
of this chapter.
The requirements of this chapter shall have
no application and no effect upon and shall not be construed as applying
to physicians, surgeons, chiropractors, osteopaths or any nurse, nurse
practitioner or physician's assistant working under the supervision
of a physician, surgeon, chiropractor or osteopath duly licensed to
practice such professions in this state. Practical nurses or other
persons without qualifications as massage therapists, whether employed
by physicians, surgeons, chiropractors or osteopaths or not, may not
render massage or massage procedures.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be guilty of a disorderly
persons offense, punishable by a fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof.