Town of Hingham Massachusetts - Town Government & Services: Board of Health

The following regulations are promulgated by the Town of Hingham Board of Health under the authority of Massachusetts General Law (MGL) Chapter 140, Sections 51 and 53, and Chapter 111, Section 31.

Section 1. PURPOSE:
In order to protect the public health and safety, the Hingham Board of Health finds it necessary to license the practice of massage therapy and bodywork. It is the Board’s intent that only individuals who meet and maintain a minimum standard of competence and conduct within their scope of practice may provide health-related services to the public.

Section 2. DEFINITIONS:

A. BOARD: Shall mean the Hingham Board of Health.

B. MASSAGE THERAPY: BODYWORK or BODYWORK THERAPY: Shall mean the act   or technique of manipulating the soft tissues of the human body by manual or mechanical    means, to improve circulation, increase flexibility, promote relaxation, decrease pain, and   to enhance a person’s state of health and well being. Massage therapy includes Swedish    Massage and other similar forms of somatic therapy. Massage therapy, bodywork or
bodywork therapy, Shall mean a variety of manual techniques with specific anatomical    focus including, but not limited to Shiatsu, Neuromuscular Therapy and Rolfing, or;

Energy Therapies, which are hands-on techniques that focus on the body’s conceptual    energies including, but not limited to Polarity, Barbara Brennan Healing Science, Reiki,    Therapeutic Touch and Asian Bodywork Therapies, or;

Movement Therapies, which are techniques that lead clients through movements, body- awareness exercises and/or breathing exercises for personal expression and healing and for neuromuscular re-education including, but not limited to Feldenkris Method and Alexander Techniques, or;

Body-Centered Psychotherapies, which are therapies that incorporate into the counseling/therapeutic process a range of massage, bodywork and movement techniques to promote enhanced emotional well being including, but not limited to Bio-Energenics, Core Energenics Rubenfeld Synergy Technique and Hakomi.

C. PROFESSIONAL PRACTITIONER: shall mean any person who has completed a minimum 500 hour course of study in massage therapy; bodywork; movement education which meets the standards of an accrediting organization sanctioned by the United States Department of Education, or recognized state or national professional association or institute, who has passed the National Certification Exam for Therapeutic Massage or Bodywork; and who for compensation, hire or reward, engages in the practice of massage therapy, bodywork or bodywork therapy.

D. APPROVED COURSE OF STUDY: Shall mean an academic program approved by an accrediting organization sanctioned by the United States Department of Education, including but not limited to the Commission on Massage Therapy Accreditation (COMTA) or Accrediting Commission of Career Schools and Colleges of Technology (ACCSCT), or by a recognized state or national professional association or institute, including but not limited to, the American Massage Therapy Association, American Organization for Bodywork Therapies of Asia, American Polarity Association, Body-Mind Centering, Inc., The Feldendkrais Guild, Massachusetts Association of Body Oriented Psychotherapy and Counseling Bodywork, International Association of Reiki Professionals, Reiki Council, The International Center for Reiki Training, Reiki Alliance, Massachusetts Professional Bodywork Association, Associated Bodywork and Massage Professionals, the Rolf Institute, the Trager Institute or program duly approved by the Board, that provide standards for practice, a code of ethics, and a grievance procedure and providing or approving a 500 hour course of study.

E. ESTABLISHMENT: Shall mean the room or groups of rooms, offices, buildings, place of business or premises where massage therapy, bodywork or bodywork therapy is practiced which has an active valid permit issued by the Board.

F. LICENSEE: Shall mean any person holding an active license to practice massage therapy, bodywork or bodywork therapy within the Town of Hingham.

G. OWNER: Shall mean any person, partnership or corporation holding an active permit to operate a massage or bodywork Establishment within the Town of Hingham.

H. SEXUAL ACTIVITY: As used in these regulations, “sexual activity” means any direct or indirect physical contact or communication by any person or between persons, which is intended to erotically stimulate either person or both.

Section 3. LICENSES, PERMITS, and FEES

A. No person shall practice as a professional practitioner of massage therapy, bodywork or bodywork therapy for hire or reward or advertise or hold him/herself out as being so engaged in the Town of Hingham unless first having been issued a license required pursuant to these regulations. The fee for said license shall be set by the Board.

B. No person shall own or operate an establishment for the practice of massage therapy, bodywork, and bodywork therapy unless first having been issued a permit required pursuant to these regulations. The fee for said permit shall be set by the Board.

C. A permit issued to the operator of an establishment or license issued to a practitioner of massage therapy; bodywork; bodywork therapy is not transferable to another location or person.

D. All licenses and permits expire one year from the date of issue and must be renewed in accordance with these regulations.

Section 4. EXCEPTIONS AND EXCLUSIONS
These Regulations shall not apply to the following practitioners who are duly licensed in their respective professions in the Commonwealth of Massachusetts, while engaged in the regular performance of their professional duties.

A. Physicians, chiropractors, osteopaths, podiatrists, nurse practitioners, physical therapists, occupational therapists, athletic trainers, or acupuncturists duly licensed or registered in the Commonwealth of Massachusetts;

B. Massage Therapists duly licensed under the laws of the Commonwealth of Massachusetts;

C. Barbers and Beauticians duly licensed or registered in the Commonwealth of Massachusetts, except that this exception shall apply solely to the massaging of the face, scalp and hair of the client for cosmetic or beautifying purposes.

D. These Regulations shall not apply to Hospitals, Nursing Homes, Convalescent Homes, Home Health Agencies, or other institutions similarly licensed by the Commonwealth of Massachusetts. However, massage therapy, bodywork or body therapy, and practitioners working in such institutions within the Town of Hingham are required to obtain a license
as provided herein unless excluded under these regulations.

Section 5. LICENSEE REQUIREMENTS:
No person shall be licensed as a Massage Therapist, Bodywork or Body Therapy Practitioner in the Town of Hingham unless he/she meets the following requirements:

A. Submit to the Board a complete and accurate application along with the appropriate non-refundable application fee to the Hingham 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 with a photo or a passport.

C. Submit a transcript which demonstrates the satisfactory evidence of completion of an Approved Course of Study that leads to a certification or diploma as a massage therapist, bodywork, or bodywork therapist practitioner as herein defined or 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. Submit evidence of good moral character; such evidence shall consist of two (2) original letters attesting to the applicant’s personal character and professional ethics. Said letters should be professional references from a prior employer, instructor from the licensee’s approved course of study, or individual deemed acceptable by the Board.

F. Disclosure of any revocation, suspension, restriction, or denial of a license previously issued by any state, municipality or jurisdiction.

G. Sexual related convictions (SORI) will be conducted on all applicants.

H. Submit a letter from a physician, within 12 months of this application, that you are free from communicable diseases

I. Disclose the name of the Establishment where employed.

J. Agree to follow all Rules and Regulations specified herein, and to conduct themselves in accordance with the standards for practice and ethical values of their professional associations and institutions.

Section 6. MASSAGE AND BODYWORK ESTABLISHMENT APPLICATION REQUIREMENTS
Every owner/operator of an establishment for the giving of massage therapy, bodywork, or bodywork therapy shall meet the following requirements:

A. Submit to the Board a completed application form containing all of the information therein requested. False statements in said application shall be grounds for revocation or denial of a permit. The application shall be submitted with the appropriate non-refundable application fee.

B. Provide satisfactory evidence that the applicant/owner is eighteen (18) years of age or older by presenting two forms of positive identification and proper documentation that identifies a duly chartered owning partnership and/or corporation.

C. The Establishment shall operate only under the name or designation on the permit. The Board of Health shall be notified fourteen (14) days prior to any changes to the name of the Establishment.

D. Provide the name of the Establishment’s general manager, who shall be so designated by the Owner to act on their behalf. A general manager may be the Owner and/or a Licensee.

E. Employ or cause to be employed as a message therapist, bodywork, or bodywork practitioner only persons who have an active license for the practice of massage therapy, bodywork, bodywork therapy from the Hingham Board of Health.

E. Shall not perform or allow to be performed any illegal act on the premises. A violation of this section many be grounds for revocation, suspension, or modification of the Establishment’s permit.

F. File an application for renewal not less than thirty (30) days prior to the expiration of the Establishment’s permit. The existing permit shall not expire until the Hingham Board of Health has determined the renewal application’s status.

G. Adhere to all Rules and Regulations established by the Board.

H. Require that all Licensees within the Establishment adhere to the Practice and Professional Standards established by the Board.

I. Allow the Hingham Board of Health to inspect the Establishment at any reasonable time, to the extent permitted by law.

Section 7. STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT:

A. A Licensee shall adhere to a scope of practice consistent with their professional educational background, instruction and experience.

B. A Licensee shall be mindful to and respectful of the client’s dignity.

C. Inappropriate touching of client during a therapeutic session in a sexual or provocative
manner is prohibited.

D. Sexual activity between a Licensee and client is prohibited.

E. A Licensee shall wash his/her hands thoroughly with soap and hot water immediately before and after performing a message therapy, bodywork, or bodywork therapy session.

F. A Licensee shall maintain sufficient level of personal cleanliness and be clothed in
clean and appropriate attire.

G. A Licensee shall maintain current knowledge and employ standard precautions for blood bore diseases as identified by the U.S. Occupation Health and Safety Administration (OSHA).

H. A Licensee shall refrain from providing massage therapy, bodywork, or bodywork therapy when afflicted by a communicable disease that could be transmitted during the course of therapy or through close contact ordinary associated with the therapy process unless proper precautions are taken to prevent possible transmission. Should it become known that a client may have a communicable disease, similar precautions should be employed.

Section 8. ESTABLISHMENT STANDARDS:

A. An Establishment will remain closed between the hours of 11:00PM and 7:00AM unless specifically authorized in writing by the Board.

B. An Establishment shall conspicuously display a true copy of its permit to operate.

C. The Owner shall employ due diligence when hiring personnel and delegating authority.

D. Sexual activity within the Establishment is prohibited.

E. An Establishment shall maintain a written record of all services that include the date, name
of the client, Licensee providing the service, the service provided, and charge imposed
adherent to standard business practices.

F. All persons who perform massage, bodywork or bodywork therapy at an Establishment must be licensed in accordance with the Bylaws.

G. An Establishment shall permanently maintain true and unaltered copies of all Licensees’ license(s) employed by the Establishment.

H. A client shall be entitled to view a copy of the Licensee’s license if so requested. (The Licensee’s person address may be redacted from a copy that is reserved for this purpose)

I. Liability insurance that covers general liability for the public with a minimum of $250,000 per occurrence shall be maintained on the Establishment.

J. All room(s) used for therapy shall have at least one hundred (100) square feet of floor space.

K. All room(s) used for therapy shall not have doors with locks nor capable of being locked in any way.

L. No room or section of an Establishment shall be used as a bedroom or for sleeping or domicile.

M. No alcoholic beverages may be served in an Establishment.

N. Any Establishment serving food shall obtain a food service permit under the provisions of
the Massachusetts Sanitary Code and Hingham regulations that govern this practice.

O. An Establishment shall be connected to a public sewerage system or septic system that meets the requirements of Title 5 of the State Environmental Code (310 CMR 15.00) as well as the Town of Hingham Supplementary Rules & Regulations.

P. There shall be safe, adequate supply of hot and cold running water at all times.

Q.There shall be a hand sink, soap, disposable towels and toilet available to all clients.

R. Provide that all rooms used for massage therapy, body work; bodywork therapy are clean, well lighted, adequately ventilated and properly heated in accordance with local and/or state regulations.

S. In an Establishment where shower facilities are not provided the establishment owner shall conspicuously post a sign in the reception area, 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 POWDER USED DURING MASSAGE.

The letters in the first two lines shall be at least one inch in height. Hypoallergenic soap, water and rubbing alcohol (70% of Isopropyl, by volume) shall be available in the 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 does not use oil (e.g. Oriental bodywork, Polarity therapy, etc.).

T. Maintain all areas of the Establishment, including the furniture and equipment therein, in sanitary condition at all times. All massage therapy; bodywork; bodywork therapy tables, mattresses, etc, shall be easily cleanable. All equipment and supplies shall be maintained in a safe and properly sanitized manner.

U. All tables and other cleanable surfaces that come into contact with clients shall be cleaned by the regular application of a cleanser and sanitized with an OSHA approved sanitizer. “Regular application” as used herein means at least once per day or whenever oils, lotions, or other substances visibly accumulate on client contact surfaces.

V. All clients shall receive a separate, sanitized covering for use on a therapy table.

W. 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 be used only once.

X. The use of an x-ray, fluoroscope, diathermy, ultrasound, laser, or other similar electro-therapeutic equipment is prohibited.

Section 9. OFF PREMISES SERVICES:
Licensees shall only provide their services within a permitted Establishment(s) that are properly licensed. Exceptions to this may include the following:

A. A Licensee may provide services off-site for a particular event within the Town of Hingham, such a health fair, provided that they obtain approval from the Board at least five (5) days prior to the event.

B. A Licensee may provide services at a client’s home, within the Town of Hingham, under the written order of a physician licensed under the laws of the Commonwealth of Massachusetts. Said order must be made available to the Board of Health upon request.

Section 10. LICENSE RENEWALS:
Each year, a Licensee or Owner must renew their respective license and/or Establishment permit in order to maintain its active status. The deadline for renewal is on December 31. The renewal process includes:

A. Submitting to the Board a complete and accurate renewal form along with the appropriate non-refundable renewal fee to the Hingham Board of Health.

B. Disclosure of any revocation, suspension, restriction, or denial of a license issued by any state, municipality or jurisdiction.

C. Disclosure of any revocation, suspension, restriction, or denial of a permit issued by any state, municipality or jurisdiction.

D. Disclosure of any arrest that has occurred within the Establishment during the previous year.

Section 11. INSPECTIONS:

A. Establishments and applicants are subject to periodic unannounced inspections by the Board or its authorized agent during all business hours. Authorized agents shall include Hingham Health Department employees or Hingham Police Officers.

B. Denial of access for the purposes of inspection shall constitute grounds for revocation, suspension or modification of a license or a permit.

C. An inspection, which reveals that an Establishment or Licensee does not meet the standards and requirements set by these regulations, may result in the revocation, suspension or modification of a license or a permit.

D. A re-inspection shall take place when an Establishment fails an inspection. An appropriate fee for a re-inspection will be charged to the Owner.

Section 12. LICENSE REVOCATION, SUSPENSION, MODIFICATIONS AND APPEALS:

A. The Hingham Board of Health may suspend, revoke or modify a practitioner license or  Establishment permit for any violation of these rules and regulations or for the performance of illegal acts on the premises by serving an order in writing to the person responsible for the violation.

B. Any person(s) to whom has been served with on Order may request a hearing before    the Board within seven (7) days after the date that the Order was served. Upon receipt of    such petition, the Board shall set a time and place for such hearing, and shall inform the    petitioner in writing. The hearing shall commence not later than sixty (60) days after the day on which the order was served. The sixty (60) 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.

C. 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 shall sustain, modify,   or withdraw the order and shall inform the petitioner in writing of this decision within ten    (10) days.

Section 13. PENALTIES:

Any person who violates any provision of these regulations, under the authority of M.G.L. c. 111, Sec. 31, may be punished by the fine of not more than one thousand dollars ($1000). Each day’s failure to comply with an Order of the Board shall constitute a separate offence.

Section 14. VARIANCES:

A. The Board may vary the application of any provision of these regulations with respect to    any particular case when, in the Board’s opinion, the enforcement thereof would manifest   injustice; provided that the decision of the Board shall not conflict with the intent and spirit   of these regulations.

B. A request for a variance shall be submitted in writing. The Board may ask for supporting  evidence in order to consider the variance request. The request shall not be deemed  complete until all such requested evidence has been received by the Board and certified as such by the Executive Health Officer.

C. Any variance granted under this section may be subject to such qualifications, revocation,  suspension, or expiration as the Board expresses in the grant of the variance. A variance granted may be revoked, modified or suspended in whole or in part, only after the holder  has been notified in writing and has been given an opportunity to be heard in conformity with Section 10 of these regulations.

Section 15. SEVERABILITY:

If any section, subsection, sentence, clause, phrase, heading, or 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 effect the validity of the remaining portions thereof.

HINGHAM BOARD OF HEALTH
Kirk J. Shilts, D.C., Chairman
Peter B. Bickford, Member
Stephan J. White, Member
Adopted date: September 27, 2006
Affective: October 6, 2006