Town of Stoneham, Massachusetts

Sec. 20-27. Purpose.

The Stoneham Board of Health finds it necessary to license the practice of massage therapy: bodywork: movement education in order to protect the public health and safety. It is the Board's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide services to the public.

Sec. 20-28. Definitions.

Massage therapy. Bodywork: movement education shall mean the act or technique of moving or manipulating superficial or deep tissues, muscles, joints, or bones by rubbing, kneading, guiding or the like by manual or mechanical means, or as directed by the practitioner, for the purpose of invigoration, relaxation, education, or an increase in physical and/or emotional health and well-being. The term massage therapy: bodywork: movement education shall include but not be limited to: Body-Mind Centering, Body-Oriented Psychotherapy; The FELDENKRAIS @Method; Massage Therapy; Neuromuscular Therapy; Oriental Bodywork Therapies including: Acupressure, Amma, Anma, Chi nei sang, Jin shin do (B), Okazaki Restorative Massage, Nuat thai, Shiatsu and Tuina; Polarity Therapy; ROLFING(B) Reiki, and The TRAGER D –Approach.

Direct Supervision. A practicum conducted in the context of a 500 hour course of study with an instructor present to observe.

500 hour course of study. Study in massage therapy; bodywork: movement education taking place in one or any combination of the following: a class setting, a one-on-one student/instructor setting or a direct supervision setting with a supervisor present for observation of work. A 500 hour course of study shall include but not be limited to the subjects of technique, anatomy and physiology, practicum, communication skills, business practices and ethics.

State or national professional association or institute. An organization providing standards for practice; code of ethics and grievance procedure; and providing or approving a 500 hour course of study . State or national professional associations or institutes meeting the above criteria include but shall not be limited to: American Massage Therapy Association, American Oriental Bodywork Therapy Association, American Polarity Therapy Association, Body-Mind Centering Association, Inc., The Feldenkrais Guild, Massachusetts Association for Body Oriented Psychotherapy and Counseling Bodywork, Massachusetts Professional Bodywork Association, The Rolf Institute, The Trager Institute.

Advisory Board. The group of professional and consumer representatives whose function shall be to assist Boards of Health of Massachusetts cities and towns in their evaluation of the credentials of applicants for licensure and in their evaluation of grievances against practitioners. The Advisory Board shall also evaluate and approve additional state and national professional associations and institutes for inclusion on the Advisory Board. See Section 20.31 where the Advisory Board is further defined.

Professional practitioner. Any person who has completed a minimum 500 hour course of study in massage therapy: bodywork: movement education which meets the standards of a state or national professional association or institute; or who has passed the National Certification Exam for Therapeutic Massage and Bodywork; or who has been recommended by the Advisory Board and who for compensation, hire or reward engages in the practice of massage therapy; bodywork: movement education

Training facility or school. Any premises, facility, structure or building used to train individuals to become professional practitioners of massage therapy; body-work; movement education.

Fieldwork. A practicum conducted by a student/apprentice practitioner on his/her own without an instructor present to observe. Fieldwork hours may be required as part of a massage therapy: bodywork: movement education curriculum, and shall be over and above the 500 hour course of study. Field work requirements may be met during or after the 500 hour course of study and shall be indirectly supervised by a licensed professional practitioner.

Student/apprentice practitioner. Any person having accumulated fewer than 500 hours in his/her course of study, engaged in a fieldwork practicum in massage therapy; bodywork; movement education outside of a training facility or school for the purpose of meeting curriculum requirements and/or for compensation, hire or reward. A student/apprentice practitioner shall maintain contact with a licensed professional practitioner responsible for overseeing his/her fieldwork.

Member. Member of the Advisory Board.

Information Packet. A published compilation, prepared by the Advisory Board, of descriptions, standards for practice, codes of ethics and required documentation for licenses and permits related to each massage therapy: bodywork; movement education state or national professional association and institute herein named.

Establishment. The room or group of rooms, office, building, place of business, or premises where massage therapy, bodywork, movement education is practiced.

Massage Room. The room within the establishment in which a customer receives his or her massage.

Graduate Student Practitioner. Shall mean any person having accumulated a minimum of 500 hours in his/her course of study, graduated, and who is awaiting passing test results of the national certification exam. A graduate student practitioner shall maintain contact with a licensed professional practitioner responsible for overseeing his/her fieldwork.

Colonic Irrigation. Shall mean the process of cleaning the colon by passing one or more liters of treated or untreated fluids with medicinally agents through it with the use of equipment. It is similar to an enema, but is distinguishable because it treats the whole colon, not just the lower bowel. It is also known as hydrotherapy of the colon, high colonic, entero-lavage, or simply colonic.

Sec. 20-29. Licenses, Permits and Fees.

(a) No person shall practice as a professional practitioner of massage therapy; bodywork; movement education for hire or reward or advertise or hold him/herself as being engaged in the business of massage therapy; bodywork; movement education in the Town of Stoneham unless first having been issued a license required pursuant to these regulations. The fee for the initial license and for renewal license shall be $50.00.

No person shall practice as a student/apprentice practitioner of massage therapy; bodywork; movement education for gaining practical experience and/or for hire or reward or advertise or hold him/herself as being engaged in the business of massage therapy; bodywork; movement education in the Town of Stoneham unless first having been issued a permit pursuant to these regulations. There shall be no fee for the initial permit.

Should the professional practitioner or student/apprentice practitioner or graduate student practitioner of massage therapy; bodywork; movement education have any change in employment or status of employment, this office shall be notified immediately or, if possible, 30 days prior to said change.

Should an establishment of massage therapy; bodywork; movement education have a change in location said location must be approved by the Board of Health and meet all other local requirements.

(d) No person shall operate an establishment for the practice of massage therapy; bodywork; movement education unless first having been issued a license required pursuant to these regulations. The fees for initial establishment licenses and renewal licenses shall be $100.00.

(e) A license issued to the operator of an establishment; or a permit or license issued to a professional or student/apprentice practitioner of massage therapy: bodywork; movement education; business is not transferable to another location or person. All licenses expire annually December 31.

(f) Both graduate student and student apprentice practitioner’s licenses issued to the practitioner of massage therapy; bodywork; movement education is not transferable to another location or person and shall expire six months from the date of issuance. Both graduate student and student licenses can be renewed once for a total of one (1) year under a license for graduate student or student apprentice practitioners.

Sec. 20-30. Exceptions and Exclusions.

These regulations shall not apply to the following individuals while engaged in the regular performance of the duties of their respective professions:

(a) Physicians, Assistant Physicians, Nurse Practitioners chiropractors, osteopaths, occupational therapists, physical therapists or mid-wives who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.

(b) Athletic trainers duly licensed under the laws of the Commonwealth of Massachusetts.

(d) Barbers and beauticians who are duly registered under the laws of the Commonwealth of Massachusetts, except that this exemption shall apply solely to the massage of the neck, face, scalp, and hair of the customer or client for cosmetic or beautifying purposes.

(e) An acupuncturist duly licensed under the laws of the Commonwealth of Massachusetts.

(f) Teachers of the Alexander Technique.

(g) Massage therapists working under the auspices of a hospital, nursing homes, convalescent homes, home health agencies, or other institutions will be exempt from Town licensure provided that the listed hospitals, homes, and institutions comply with the specified credentials process which is equal to, but not less than the stated regulations. This process is subject to review by the Town of Stoneham Board of Health for compliance.

Sec. 20-31. Additional Exceptions and Exclusions.

Establishment: These regulations shall not apply to the following:

(a) Hospitals, nursing homes, convalescent homes, home health agencies, or other institutions similarly licensed by the Commonwealth of Massachusetts. Massage therapy; bodywork; movement education practitioners working in such institutions within the city/town are required to obtain a license or permit as provided herein unless excluded under Section 4.l.

(b) Locations where massage therapy; bodywork; movement education is offered infrequently; that is, on 10 or fewer occasions over a 6 month period.

(c) Student/Apprentice: A student or apprentice of massage therapy; bodywork; movement education who is gaining practical experience at a training facility or school for the purpose of meeting curriculum requirements and who is under the instruction of a licensed professional practitioner present in the training facility or school shall not be required to obtain a student/apprentice practitioner permit.

Sec. 20-32. Application and Renewal Procedure for License of Professional Practitioner of Massage Therapy; Bodywork; Movement Education.

No person shall be licensed to practice as a professional practitioner of message therapy; bodywork; movement education in the Town of Stoneham unless he/she meets the following requirements:

(a) Submit to the Stoneham Board of Health a completed application form as supplied by the Board of Health and provide all pertinent data as requested on checklist. False statements in said application shall be grounds for denial or revocation of a license.

(b) Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification or a valid passport.

1. Submit satisfactory evidence of education as outlined on the documentation page of the Information Packet, (the information packet is only used as a guide).

2. Submit evidence of having passed the National Certification Exam for Therapeutic Massage and Bodywork. Upon application renewal for existing licensed therapists, evidence of having passed the National Certification Exam is required. This section and only this section (section 5.3 subsection 2) shall be in effect from the date of adoption to 12/31/00 only.

3. Submit evidence of having received a recommendation from the Advisory Board confirming completion of a course of study and/or training experience evaluated as equivalent to a 500 hour course of study in massage therapy; movement education at a school which is licensed by the Department of Education.

4. Provide notarized copies of official transcripts and diploma/certificate.

5. Submit proof of membership in a national organization.

6. Notify the Board of Health, within 30 days, if licensee’s place of employment is changed.

(d) Submit one face-front photograph at least two (2) inches by two inches by two (2) inches in size taken within thirty (30) days prior to the submission of the application.

(e) Agree to follow all rules and regulations specified herein and conduct him/herself in accordance with standards for practice and ethical guidelines of his/her state or national professional association or institute named herein or in accordance with the ethical code outlined by the Advisory Board. Professional practitioners shall not misrepresent their training, experience, credentials or title.

(f) Submit proof of a skin test for tuberculosis at time of renewal. A new skin test for tuberculosis shall be required ever year thereafter.

(g) File an Application for renewal not less than 30 days prior to the expiration of his/her license, whereupon his/her existing license shall not expire until the Stoneham Board of Health has determined the application’s renewal status. At time of filing renewal satisfactory evidence, as outlined on the application, the applicant shall submit documentation page of the Information Packet of his/her current professional status.

Sec. 20-33. Application and Renewal Requirements for License of an Establishment.

Every operator of an establishment for the giving of massage therapy; bodywork; movement education shall meet the following requirements:

1. Submit to the Stoneham Board of Health a completed application form containing all information therein requested. False statements in said application shall be grounds for revocation or denial of a license.

2. Notify the Stoneham Board of Health at least fourteen (14) days prior to any change of name, address, or ownership.

3. Operate only under the name or designation specified on the license or a change thereto as pursuant to paragraph (b) of this section.

4. Employ or cause to be employed as a massage therapy; bodywork; movement education practitioner(s) only a person(s) who has (have) a license(s) or permit(s) for the practice of massage therapy; bodywork: movement education from the Stoneham Board of Health.

5. Perform or allow to be performed no illegal act on the premises. A violation of this section may be grounds for revocation, suspension or modification of the massage therapy; bodywork; movement education establishment license.

6. All individuals employed by the establishment shall maintain a sufficient level of personal cleanliness as determined by the Board of Health, and be properly clothed. It is forbidden to employ or permit any employee or other person to mingle with the patrons or to administer massage or baths while such person is unclothed, or in such attire as to expose to view any portion of the areola of the female breast or any portion of the public hair, cleft of the buttocks, or genitals.

7. Serve no alcoholic beverages in the portion of a building that the Board of Health determines is being used for the purpose of giving massage therapy; bodywork, movement education.

8. Operate no x-ray, fluoroscope, diathermy or other similar equipment unless licensed by the Commonwealth of Massachusetts to practice a profession requiring the use of such equipment.

9. Provide that all rooms used for massage therapy, bodywork, movement education be clean and easily cleanable, well lighted, adequately ventilated and properly heated in accordance with local and/or state regulations.

10. Post conspicuously at the reception area of an establishment where shower facilities are not provided, a sign which shall read:

NOTICE TO MASSAGE CLIENTS

THIS ESTABLISHMENT DOES NOT PROVIDE A SHOWER FOR USE AFTER MASSAGE. IF YOU BELIEVE YOU ARE ALLERGIC TO LOTIONS, OILS OR POWDERS, PLEASE NOTIFY THE MASSAGE THERAPIST PRIOR TO THE MASSAGE. THEY WILL NOT BE USED. IF REQUESTED, THE MASSAGE THERAPIST WILL USE RUBBING ALCOHOL OR SOAP AND WARM WATER TO REMOVE OILS, LOTIONS OR POWDERS USED DURING MASSAGE.

The letters in the first two lines shall be at lease one inch in height. Hypoallergenic soap, water and rubbing alcohol (70% Isopropyl, by volume) shall be available in he establishment at all times when a shower is not provided. The sign shall not be required in establishments where techniques are performed on clients fully clothed or where techniques are performed that do not use oil (e.g. Oriental bodywork; Polarity therapy, etc).

11. Maintain all areas of the establishment including the furniture and equipment therein, in sanitary condition at all times. All massage therapy; bodywork; movement education tables; mattresses; etc. shall be easily cleanable. All surfaces used for massage therapy; bodywork; movement education shall be properly cleaned and sanitized after each massage therapy; bodywork; movement education session. All cleaning will be conducted with an anti-bacterial sanitizing agent following manufacturing directions and from an approved source.

12. Clean and sanitize after each use all robes, sheets, towels, etc. supplied by the establishment which may come in direct contact with the body. Single service items are acceptable, and shall only be used once. All cleaning will be conducted with an anti-bacterial sanitizing agent, following manufacturing directions and from an approved source.

13. Massage room within the establishment shall be capable of holding all necessary equipment within said room.

14. Display in conspicuous place the current license of the establishment and current licenses or permits of all massage therapy; bodywork; movement education practitioners conducting massage therapy; bodywork; movement education therein.

15. File an application for renewal not less than 30 days prior to the expiration of the establishment license, whereupon the existing license shall not expire until the Stoneham Board of Health has finally determined the renewal application’s status.

16. Smoking is not allowed in any building or establishment that is being used for the purpose of giving a massage.

(a) Every operator of an establishment for the giving of massage therapy; bodywork; movement education shall require all practitioners conducting massage therapy; bodywork; movement education on the premises to meet the following requirements:

1. Touch or work with a client, when either the client or practitioner is afflicted with a communicable disease that could be spread through the massage therapy; bodywork; movement education process or through close contact ordinarily associated with the massage therapy; bodywork; movement education process, only when precautions are taken to prevent transmission. Should precautions be insufficient to prevent transmission, the practitioner shall be required to refrain from conducting massage therapy; bodywork; movement education until the condition is no longer communicable.

2. Wash hands thoroughly with soap and hot water immediately before and after performing a massage therapy; bodywork; movement education session.

3. Maintain sufficient level of personal cleanliness and be clothed in clean and appropriate attire.

4. Take all precautions for proper hygiene within the facilities.

Sec.20.34. Application Procedure for Permit of Student/Apprentice Practitioner and/or Graduate Student Practitioner of Massage Therapy; Bodywork; Movement Education.

No person shall be granted a student/apprentice practitioner permit and/or a graduate student practitioner permit to practice massage therapy; bodywork; movement education in the Town of Stoneham unless he/she meets the following requirements:

1. Submit to the Stoneham Board of Health a completed application form as supplied by the Board of Health which shall include the name, address and phone number of the applicant’s fieldwork instructor (a licensed professional practitioner). Such application shall include the signature of supervisor/field instructor. False statements in said application shall be grounds for denial or revocation of a permit.

2. Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification indicating date of birth, or a valid passport.

3. Submit satisfactory evidence as outlined on the documentation page of the Information Packet that he/she is engaged in the pursuit of a 500 hour course of study in massage therapy; bodywork; movement education, at a school which is licensed by the Department of Education.

4. Submit one face-front photograph at least two (2) inches in size taken within thirty (30) days prior to the submission of the application.

5. Submit proof of a skin test for tuberculosis. A new skin test for tuberculosis shall be required every year thereafter.

6. Agree to follow all rules and regulations specified herein and conduct him/herself in accordance with the standards for practice and ethical guidelines of his /her state or national professional association or institute named herein or in accordance with the ethical code outlined by the Advisory Board. Student/apprentice practitioners shall not misrepresent their training, experience, credentials or title.

7. File an application for renewal not less than 30 days prior to the expiration of his/her permit, whereupon the existing permit shall not expire until the Stoneham Board of Health has determined the renewal application’s status. At the time of filing renewal application, the applicant shall submit satisfactory evidence as outlined on the documentation page of the Information Packet of current enrollment in a training program in massage therapy; bodywork; movement education.

Sec. 20-35. Application Procedure for Permit of Solely Off-Premises Business.

No person shall practice massage therapy, bodywork, movement education in any other location other than a licensed establishment within the Town of Stoneham.

Sec.20-36. Application Procedure for Temporary License of Professional or Student/Apprentice Practitioner of Massage Therapy; Bodywork; Movement Education.

No person shall practice massage therapy; bodywork; movement education on a temporary basis within the Town of Stoneham.

Sec. 20-37. Colonic Irrigation and Enemas.

Rational of these Regulations:

1. Colonic Irrigation is invasive and may lead to severe electrolyte imbalance and/or damage to the intestine, which poses a serious threat to health and well being of the general public. In addition, colonic irrigation poses fecal waste issues and challenges for which massage therapy establishments are not properly constituted to handle, thereby posing a serious threat to the health and well being of the general public.

2. The performance of an enema poses many of the same risks as a colonic irrigation referenced above.

A message therapy; bodywork; movement education license does not permit or qualify the practitioner to practice colonic irrigation or perform enemas.

No person shall perform colonic irrigation or similar procedures within a massage establishment licensed in the Town of Stoneham.

The practice of colonic irrigation is limited to the physicians licensed in the Commonwealth of Massachusetts.

No person shall perform an enema or similar procedures within a massage establishment licensed in the Town of Stoneham.

Adopted October 31, 2001, Effective immediately.

Sec. 20.38. Advisory Board.

(a) The statewide Advisory Board shall be established to serve the Boards of Health of the Commonwealth to better carry out these Rules and regulations. The Advisory Board shall meet at least twice a year, with additional meetings as needed. The Advisory Board shall consist of individuals representing massage therapy; bodywork; movement education professions, Boards of Health, Health Officers and consumers as specified in the Advisory Board By-laws.

(b) Members of the Advisory Board shall be appointed by the association(s) they represent as specified in the Advisory Board By-Laws. A member may be removed for neglect of duty or incompetency as specified in the Advisory Board by-laws.

(c) The list of state and national professional associations and institutes may be updated periodically by the Advisory Board to include other massage therapy; bodywork; movement education professions provided that each association or institute has a published code of ethics, grievance procedure, standards for practice and defines a minimum 500 hour course of study.

(d) The Advisory Board shall serve in an advisory capacity to the Stoneham Board of Health in matters pertaining to the granting of licenses to professional practitioners and permits to student/apprentice practitioners of massage therapy; bodywork; movement education. The Advisory Board shall advise the Stoneham Board of Health on such matters as policies affecting examination, qualifications, issuance and renewal, denial, suspension or revocation of permits and licenses and the development of rules and regulations. The Advisory Board shall also serve in an advisory capacity in matters pertaining to the evaluation of complaints against practitioners. The Advisory Board shall provide a code of ethics for those practitioners who have not been provided a code through their training.

(e) Procedures to evaluate candidates for professional practitioner or student/apprentice practitioner of massage therapy; bodywork; movement education shall be as follows:

1. The Stoneham Board of Health using these Rules and Regulations and the Information Packet provided by the Advisory Board shall decide the eligibility of an applicant for a license or permit.

2. When the Stoneham Board of Health, for any reason, cannot determine an applicant’s eligibility for a license or permit, the Board of Health shall contact the Advisory Board for direction and assistance in the following manner:

3. The Board of Health shall ask the applicant to indicate which massage therapy; bodywork; movement education member most closely represent the applicant’s work. The Board of Health shall then contact that member with the specific problem or question regarding the applicant’s qualifications.

4. If neither the applicant nor the Board of Health can determine the appropriate massage therapy; bodywork; movement education member to contact, the Board of Health shall contact the Advisory Board chairperson.

5. After reviewing the applicant’s qualifications the appropriate member shall make a recommendation to the Board of Health regarding the applicant’s eligibility for a license or permit in a timely fashion.

(f) Procedures to evaluate complaints against professional or student/apprentice practitioner of massage therapy; bodywork; movement education shall be as follows:

1. The Stoneham Board of Health using these Rules and Regulations and the Information Packet provided by the Advisory Board shall decide the validity of the complaint and determine if said complaint warrants suspension, revocation or modification of the license or permit.

2. When the Stoneham Board of Health, for any reason, cannot determine the status or validity of a complaint, the Board of Health shall contact the Advisory Board for direction and assistance in the following manner:

(i) The Board of Health shall refer the complaint to the member of the Advisory Board most closely representing the work of the practitioner against whom the complaint has been made.

(ii) After reviewing the complaint, the appropriate member of the Advisory Board shall make a recommendation regarding the validity of the complaint to the Board of Health in a timely fashion.

All recommendations made by a member of the Advisory Board according to procedures in (e) and (f) shall be reported for review to the full Advisory Board at the next scheduled meeting.

Sec. 20.39. License or Permit Revocation, Suspension or Modification and Appeals.

(a) The Board of Health may suspend, revoke or modify a professional practitioner permit or establishment permit or temporary license of a student/apprentice practitioner or graduate student practitioner or off-premises-business permit for any violation of these rules and regulations or for the performance of any illegal act on the premises by serving an order in writing to the person(s) responsible for the violation.

The person(s) to whom an order has been served may request a hearing before the Board of Health within 7 days after the day the order was served. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The 30 day period may be extended if in the opinion of the Board of Health the petitioner has submitted a good and sufficient reason for such postponement.

At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. After the hearing the Board of Health shall sustain, modify or withdraw the order and shall inform the petitioner in writing of this decision.

Sec. 20.40. Penalties.

Whoever violates any provision of these Rules and Regulations as stated herein, under the authority of, and as pertaining to Section 31 of Chapter 111 and Sections 51 and 53, Chapter 140 of the Massachusetts General Laws shall be punished by a fine of not more the $500 dollars.

Sec. 20-41. Severability.

If any section, paragraph, sentence, clause, phrase or word of the Rules and Regulations shall be declared invalid of any reason whatsoever, that decision shall not affect any other portion of the Rules and Regulation, which shall remain in full force and effect; and to this end so shall the provisions of these Rules and Regulations.

Sec. 20-42. Variance.

(a) Any person(s) may submit a written request to the Board of Health for a variance in the application of any provision of these Rules and Regulations when the enforcement thereof would do manifest injustice. The Board of Health shall respond in writing within 14 days.

(b) Any person(s) who has been refused a granting of a variance may request a hearing before the Stoneham Board of Health within 7 days after the day the refusal was served. Upon receipt of such petition the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the refusal was served. The 30 day period may be extended if in the opinion of the Stoneham Board of Health the petitioner has submitted a good and sufficient reason for such postponement.

(c) At the hearing the petitioner shall be given an opportunity to be heard and to show why the variance should be granted. After the hearing the Board of Health shall sustain, modify or withdraw the order and shall inform the petitioner in writing of this decision

Sec. 20-43. Reciprocity.

(a) The Stoneham Board of Health shall recognize an operator’s license issued to a professional practitioner or student/apprentice practitioner by another city/town with comparable regulations and shall allow the practitioner to conduct infrequent massage therapy: bodywork, movement education business (i.e., 10 sessions or fewer over a 6 month period) without obtaining an additional operator’s license.

(b) Any practitioner issued a license or permit to practice massage therapy; bodywork; movement education by any city or town in the Commonwealth of Massachusetts may qualify for a license in the Town of Stoneham without additional evaluation of qualifications provided that the city/town of original licensing has a comparable regulatory standard.

Sec. 20-44. Same - Prerequisites for Persons.

No person shall be licensed to practice as a professional practitioner of massage therapy; bodywork; movement education in the Town of Stoneham unless he/she meets the following requirements:

(a) Submit to the Stoneham Board of Health a completed application form as supplied by the Board of Health. False statements in said application shall be grounds for denial or revocation of a license.

(b) Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification or a valid passport.

l. Submit satisfactory evidence of education as outlined on the documentation page of the Information Packet.

2. Submit evidence of having passed the National Certification Exam for Therapeutic Massage and Bodywork.

(d) Submit one face-front photograph at least two (2) inches by two (2) inches in size taken within thirty (30) days prior to the submission of the application.

(e) Agree to follow all rules and regulations specified herein and conduct him/herself in accordance with the standards for practice and ethical guidelines of his/her state or national professional association or institute named herein or in accordance with the ethical code outlined by the Advisory Board. Professional practitioners shall not misrepresent their training, experience, credentials or title.

(f) Submit proof of a skin test for tuberculosis at time of renewal. A new skin test for tuberculosis shall be required every year thereafter.

(g) File an application for renewal not less than 30 days prior to the expiration of his/her license, whereupon his/her existing license shall not expire until the Stoneham Board of Health has determined the application's renewal status. At time of filing renewal application, the applicant shall submit satisfactory evidence, as outlined on the documentation page of the Information Packet of his/her current professional status.

Sec. 20-45. Same - Prerequisites for Establishments.

Every establishment for the giving of massage or vapor, pool, shower or other baths shall meet the following standards:

(a) It shall be well lighted and well ventilated. Windows shall be installed on corridor sides of each massage room, at least twelve inches by twelve inches of transparent glass, installed no lower than five feet or higher than five feet six inches from floor. There will be no light dimmers used on the premises.

(b) No room used by the licensee in the conduct of his business shall be used as a bedroom or sleeping quarters.

(d) There shall be an adequate supply of hot and cold running water at all times.

(e) There shall be approved toilet and washing facilities within the premises, readily available to the patrons and affording sufficient privacy. When patrons of both sexes are accommodated, there will be at least one toilet and washing facility for each sex, affording complete privacy.

(f) Where patrons of both sexes are accommodated, adequate arrangements shall be made for separation of rooms and facilities used by each sex.

(g) No employee engaged in the practice of massage will be allowed to operate on the opposite sex at any time.

(h) All rooms of the establishment and furniture and equipment therein shall be kept clean at all times.

(i) There shall be adequate facilities for the cleaning and sterilizing of all equipment.

(j) All rooms used for reception and treatment of patrons shall be arranged so as to afford adequate fire protection and shall have satisfactory means of egress in case of fire as approved by the Building Inspector and Fire Chief of the Town.

(k) There will be no alcoholic beverages on the premises at any time.

(l) All equipment, instruments, devices, robes, sheets, blankets, pillow cases, wearing apparel or other materials which may come in direct contact with the body shall be adequately cleaned and sterilized after each use.

Sec. 20-46. Same - Display.

Every licensed establishment must display, in a conspicuous location, the licenses of all the licensees operating in the establishment.

Sec. 20-47. Same - Operating under Name or at Premises not Designated; Transferability.

No licensed person shall operate under any other name or conduct his business under any designation not specified in his license. Licenses are not transferable.

Sec. 20-48. Same - Restrictions.

A license may be limited in the form of massage or type of bath given at the discretion of the Board of Health.

Sec. 20-49. Same - Change of Address.

Every licensee shall notify the Board of Health prior to any change of address, home or business or name. Any new license or amendment to an existing license required because of the foregoing may be issued without charge at the discretion of the Board of Health.

Sec. 20-50. Same - Hearings on Suspension or Revocation.

A person whose license has been suspended or revoked may, within ten days of the suspension or revocation of his license, request a hearing upon the cause or causes of such suspension or revocation. The Board of Health may set a time and place for such hearing.

Sec. 20-51. Inspections.

Every licensee shall permit the Health Officer of the Board of Health or his agent to inspect his place of business and his work at any reasonable time.

Sec. 20-52. Hours of Operation Generally.

No establishment for the practice of massage shall be kept open between the hours of 10:00 p.m. and 10:00 a.m. unless especially authorized by the Board of Health.

Sec. 20-53. Application of Instruments to Skin.

No instrument or device designed or used for direct application to the skin shall be applied directly to the skin unless sterilized; the part of the body being treated shall be covered with a clean towel or the instrument shall be covered in a similar manner.

Sec. 20-54. Treatment of Wounds.

No sponge, stick, alum, or other article liable to convey infection shall be used to make application directly to the skin or any cut or wound.

Sec. 20-55. Treatment of Persons with Skin Disease.

No person licensed shall treat any person afflicted with any skin eruption or other disease unless such person shall have furnished a written certificate from a physician to the effect that the eruption or disease is not of a contagious or transmissible character.

Sec. 20-56. Cleansing of Hands.

Every person licensed to practice massage shall thoroughly cleanse his hands by washing with soap and warm water immediately before serving a person.

Sec. 20-57. Use of X-Ray Prohibited.

No licensee may operate an X-Ray, fluoroscope or similar equipment or radioactive material for any purpose unless already licensed by the Commonwealth to practice a profession requiring the use of radiation equipment.

No licensed establishment may contain an X-Ray, fluoroscope or similar equipment unless this equipment is operated only by persons properly licensed to practice a profession requiring the use of such equipment.

Sec. 20-58. Penalties.

Whoever violates any provision of these rules or regulations shall be punished by a fine of not more than one hundred dollars ($100) or imprisonment for not more than six (6) months or both in accordance with Section 53, Chapter 140, of the General Laws of the Commonwealth. (l-l-99, 4-24-00)