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.