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BOARD
OF HEALTH, TOWN OF SOUTHBOROUGH MASSAGE REGULATIONS
In accordance with the authority granted by MGL C
111 s 31 and C 140 s 51, 52, and 53 the Board of Health
hereby establishes the following regulations for the
practice of massage and manipulation or conditioning
of part of parts of the body by manual, mechanical
or other means as a beauty, health, or medical treatment.
1.0 LICENSES AND FEES
1.1
No person shall operate an establishment, the office,
place of business or premises where massage is practiced,
until an application has been submitted to the Board
of Health and a permit has been issued.
1.2
No person shall offer to practice massage to the public
until an application has been submitted to the Board
of Health and a license has been issued.
1.3
A fee may be charged for a masseuse or masseur license
and for a massage establishment permit. The current
fee will be posted in the offices of the Board of
Health and the Town Clerk.
1.4
Licenses both personal and establishment must be conspicuously
displayed.
1.5
Every licensee (permittee) must notify the Board of
Health of any change of status, address or floor plan.
2.0
EXCEPTIONS AND EXCLUSIONS. For the purpose of these
regulations:
2.1
PERSONS EXCEPTED. Physicians, physical therapists,
chiropractors or podiatrists registered in the Commonwealth
are excluded. A person registered as a barber or an
apprentice under the provisions of Section 87H or
Sections 87I of Chapter 112 of the General Laws or
as a hairdresser, operator, or as a student under
the provisions of Section 87T to 87JJ, inclusive,
of said Chapter 112 may practice facial and scalp
massage without obtaining a license.
POLICY: MASSAGE REGULATIONS 9/25/90
2.2 EXCEPTIONS IN CASES OF PERSONS LICENSED BY OTHER
COMMUNITIES. A person licensed to practice massage
in any other Town in the Commonwealth may, when requested
by licensed physician, attend specified patients in
Southborough. She/he shall, if requested, submit to
the Board of Health a copy of his license to practice
massage and a written confirmation of the physician’s
request and any other information that the Board of
Health deems necessary.
2.3
ESTABLISHMENT EXCEPTIONS. Hospitals, infirmaries,
nursing homes, convalescent homes, school athletic
departments and other licensed institutions where
massage may be included in the therapy given are excluded
form the definition on an establishment.
3.0
EXPIRATION DATE OF LICENSES. All licenses shall automatically
expire on May 31st each year.
4.0
REQUIREMENTS FOR PERSONAL LICENSES.
4.1
Submit an application on an approved form and pay
the appropriate fee(s).
4.2
Be eighteen (18) years of age or older.
4.3
Have submitted proof of having completed a course
of massage, approved by an agency approved by the
Board of Health, or have had two (2) years of full
time employment as a massage assistant in a licensed
massage establishment.
4.4
Have submitted a minimum of two (2) written references
supporting the applicant’s professional qualifications.
4.5
The masseuse, or masseur license is restricted to
the location or locations specified in the application
5.0
REQUIREMENTS FOR LICENSE OF AN ESTABLISHMENT. Every
establishment for the giving of massage shall meet
the following:
5.1
Submit an application on an approved form and pay
the appropriate fees(s). The application shall include
a floor plan showing the dimensions, location of fixed
equipment, toilet facilities, etc. The layout of the
establishment must be acceptable to the Board of Health.
5.2
Each room used for massage shall have an easily accessible
operating telephone with the telephone numbers of
the ambulance, fire, police, and emergency contact
person conspicuously posted next to the telephone.
5.3
No room used by the licensee in the conduct of her/his
business shall be used as a bedroom
5.4
There shall be toilet facilities with an adequate
supply of hot and cold running water, and single use
hand washing soap and towels (or hot air hand dryer)
available at all times to the patrons and the staff.
Facilities for the staff shall be conveniently located
to allow hand washing between clients and other times
as needed.
5.5
All equipment, instruments, devices, robes, sheets,
blankets, pillowcases, or any other material or items,
which may come in direct contact with the body, shall
be disposable or cleaned and sterilized after each
use.
5.6
The establishment, furniture, and equipment shall
be kept in a clean and sanitary manner at all times.
5.7
The license for an establishment is restricted to
the location specified on the application.
5.8
A duly authorized officer of the Town or Commonwealth
may inspect the premises at any reasonable time.
6.0
HAND WASHING Every person licensed to practice massage
shall thoroughly cleanse his or her hands by washing
immediately before serving a client.
7.0
RENEWAL OF LICENSES. Written application on an approved
form must be made thirty (30) days prior to expiration.
Renewals will be made providing that all current applicable
regulations are met and that the renewal fee is paid.
8.0
SUSPENSION OR REVOCATION. A license may be suspended
or revoked by the Board of Health for non-compliance
with these regulations. A hearing must be requested
in writing within ten (10) days of the notice of suspension
or revocation. The Board of Health shall set a time
and place for said hearing within seven (7) days of
receipt of said request.
9.0
VARIANCES The Board of Health may vary the application
of any provision of these regulations, with respect
to any particular case when, in its opinion, the enforcement
thereof would do manifest injustice; provided, that
the decision of the Board of Health shall not conflict
with the spirit of any minimum standards established
by these regulations. Any variance must be requested
in writing. Any variance granted by the Board of Health
shall be in writing. A copy of any such variance shall,
while it is in effect, be available to the public
at all reasonable hours in the office of the Board
of Health.
10.0
PENALTIES; Whoever violates any provision of MGL C
140 s 51, or any rule or regulation made under authority
thereof, shall be punished by a fine of not more than
one hundred dollars or by imprisonment for not more
than six months, or both.
11.0
INVALIDATION If any section, paragraph, sentence,
clause or phrase of these rules and regulations shall
be decided invalid or for any reason whatsoever, such
decision shall not affect the remaining portions of
these regulations, which shall remain in full force
and effect.
12.0
REPEAL All previous rules and regulations relating
to massage in the Town of Southborough are hereby
repealed.
13.0
ADOPTION These rules and regulations were adopted
by vote of the Board of Health and are to be in full
force and effect upon publication in a newspaper serving
the residents of the community.
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