[HISTORY: Adopted by the Town of Barre Board
of Health 11-10-1997. Amendments noted where applicable.]
Under the authority of MGL, c. 111, § 31,
and c. 140, §§ 51 through 53, the Board of Health of
the Town of Barre hereby establishes the following terms, conditions,
rules, and regulations for the practice of massage and muscular therapy.
As used in these regulations, the following
terms shall have the meanings indicated:
The room or group of rooms, office, building, place of business,
or premises where massage is practiced.
Any person who has been trained in and practices the art
of massage and muscular therapy.
A method or technique of treating the body by rubbing, kneading
or the like, by manual or mechanical means, to stimulate circulation,
increase suppleness, or for the purpose of invigoration, pleasure,
or for purported health treatment.
A.
These regulations shall not apply to the following
individuals while engaged in the regular performance of the duties
of their respective professions:
(1)
Physicians, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective professions
in the Commonwealth of Massachusetts.
(2)
School athletic trainers acting within the scope of
their employment at educational facilities and those facilities are
excluded from licensing.
(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, except that this exemption
shall apply solely to the massaging of the neck, face, scalp, and
hair of the customer or client for cosmetic or beautifying purposes.
(5)
Any person licensed to practice massage by any city
or town in the commonwealth may, at the request of a physician, attend
patients in the Town of Barre without taking out an additional license,
provided the Board of Health has been notified in writing.
B.
These regulations shall not apply to medical facilities.
A.
No person shall practice massage and muscular therapy
for commercial purposes within the Town of Barre without a current
license to do so from the Board of Health.
B.
An applicant for a license to practice massage and
muscular therapy must:
(1)
Submit a completed application to the Barre Board
of Health, containing all information therein requested.
(2)
Submit a certified copy of:
(a)
Proof of graduation from a school of massage
therapy, approved by the American Massage Therapy Association and
the Commonwealth of Massachusetts Department of Education; or
(b)
Proof of graduation from a school of massage
therapy, which requires at least 500 hours and at least six months
of instruction and practical training, certified by the Board of Education
in the state in which the school is located.
(c)
A certificate of basic CPR and first aid training.
(3)
Submit a copy of the results of a physical examination,
performed within one year prior to application, which includes a statement
that the applicant is free of communicable disease.
C.
The Board of Health shall evaluate each individual
application prior to the issuance of any license to practice massage
and muscular therapy. Any statements made by the applicant to the
Board at any public meeting may also be considered in the evaluation
of that application.
D.
The fee for an individual license to practice massage
and muscular therapy shall be established annually by the Board of
Health.
E.
No application shall be accepted from a minor.
F.
All massage and muscular therapy licenses shall expire
on May 31 of each year.
G.
Any individual holding a current license to practice
massage and/or muscular therapy shall notify the Board of Health of
any change in name or address.
Every establishment used for the purpose of
performing massage and/or muscular therapy shall operate under the
following requirements and guidelines:
B.
Each massage therapist practicing on the premises
must hold a current certificate of registration in massage and muscular
therapy in the Town of Barre.
C.
All rooms used for the purpose of massage and/or muscular
therapy shall be well lighted, well ventilated, and properly heated.
D.
No room used for the purpose of massage and/or muscular
therapy shall be used as a bedroom; provided, however, that this section
shall not be construed to prevent the massage of any person in his/her
own home or at any medical facility used for the treatment of the
sick.
E.
There shall be a safe, adequate supply of hot and
cold running water at all times.
F.
Every room used for the purpose of massage and/or
muscular therapy shall be kept clean at all times, as shall all furniture
and equipment therein.
G.
Every room used for the purpose of massage and/or
muscular therapy shall be so located to afford adequate fire protection
and means of escape in case of fire.
H.
All robes, sheets, towels, etc., which may come in
direct contact with the body shall be properly cleaned.
I.
All instruments and devices, as well as hands, utilized
in performing massage and/or muscular therapy shall not be used on
more than one patron unless they have been sterilized, disinfected,
and/or sanitized using approved methods.
J.
The establishment shall be open to the officer or
agent of the Board of Health for the purpose of conducting reasonable,
unscheduled inspections to observe and enforce compliance with these
regulations.
K.
The establishment is not to be open between the hours
of 10:00 p.m. and 7:00 a.m., unless specifically authorized in writing
by the Board of Health.
L.
If food is served, the establishment must be in compliance with Article X of the State Sanitary Code, and a food service permit must be obtained from the Board of Health.
M.
No person shall treat or be treated if afflicted with
a communicable disease. However, they may treat or be treated when
a written statement is received from a physician.
N.
The hands of every person practicing massage shall
be thoroughly cleaned by washing with soap and hot water immediately
before and after treating a patron.
Any person or establishment whose application
for a license or license renewal is denied may, within ten days of
said denial, request in writing, a hearing upon the cause or causes
of said denial. The Board of Health may set a time and place for said
hearing within a reasonable time, not to exceed 14 days.
A.
No license granted under these regulations, whether
for individual practitioners or for establishments, may be suspended
or revoked without a hearing.
B.
Such license may be suspended or revoked if, after
a hearing, the Barre Board of Health finds that there is satisfactory
proof that the license has:
Whoever violates any provisions of these regulations
shall be subject to fines in accordance with MGL c. 140, § 53,
as amended.
If 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.
