TOWN OF LEXINGTON
Lexington Board of Health
Rules and regulations of massage or conduct of an establishment for the giving of massage, vapor, pool, or other baths
The Board of Health of Lexington hereby orders that the following Regulations be and are hereby adopted, amending Regulations adopted on February 3, 1975, under authority of section 31 of Chapter 111, and Sections 51 and 53, Chapter 140 of the General Laws of the Commonwealth of Massachusetts.
1. LICENSE REQUIRED AND FEE:
A. No person shall practice massage or conduct an establishment for the giving of massage, vapor, pool shower or other baths for hire or reward or advertise or hold himself out as being engaged in the business of massage, or the giving of said baths, in the Town of Lexington without first obtaining a license from the Board of Health. The license fee for each establishment shall be one hundred
($100.00) dollars and the license for each massage therapist shall be fifty ($50.00) dollars. A license issued to an establishment or massage therapist is not transferable. All licenses shall expire November lst following the date of issue.
2. DEFINITIONS: For the purpose of these regulations: A. Massage/Bodywork shall be defined as the application of various techniques to the muscular structure and soft tissues of the human body. Application of massage and bodywork techniques may include, but is not limited to, stroking, kneading, tapping, compression, friction, pressure, and those techniques based on manipulation or the application of pressure to the muscular structure of soft tissues of the human body.
B. Establishment shall mean the room or group of rooms, office, building, place of business, or premises where massage is practiced or where therapeutic or conditioning baths of water, vapor, or other substance are given.
C. Approved shall mean approved by the Lexington Board of Health.
D. Approved course of massage shall mean a course on the art and science of massage which includes both theory and practice. This course of study shall include a 500-hour course of study which meets the standards of the Associated Body work & Massage
Professionals (AMP) or the American Massage Therapy Association (AMTA).
E. Massage therapist shall mean a person who provides massage services or therapy for compensation.
F. Home Therapy shall mean massage therapy performed in the home by a licensed massage therapist who is employed by a Lexington licensed massage establishment.
G. Chair Therapy shall mean massage therapy performed upon fully clothed individuals in a chair. Chair therapy may be conducted in a private or commercial establishment by a licensed massage therapist who is employed by a Lexington licensed massage establishment.
3. EXCEPTIONS AND EXCLUSIONS:
A. Individual: 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.
(3) Nurses who are registered or licensed under the laws of the Commonwealth of Massachusetts.
(4) Barber 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 purpose.
(5) Any person licensed to practice massage by any city or town in the Commonwealth may, at the written request of a physician, attend patients in the Town of Lexington without taking out an additional license.
B. Establishments: These regulations shall not apply to hospitals, nursing homes, convalescent homes, home health agencies or other similarly licensed institutions.
4. REQUIREMENTS FOR INDIVIDUAL LICENSING: No person shall be licensed to practice massage in the Town of Lexington unless they meet the following requirements:
A. Submits to the Lexington Board of Health a completed application form, in a form adopted by the Board of Health, containing all information therein requested. False statements in said application shall be grounds for denial, suspension or revocation of a license request.
B. Has written proof of having satisfactorily completed a 500-hour course of study at an institution approved by the AMP or the AMTA.
C. Provides written evidence that he/she is at least eighteen (18) years of age.
D. Provides one front-face photograph at least two inches by two inches taken within thirty (30) days prior to the submission of the application.
E. Provides written evidence of professional liability insurance.
F. Provides proof of negative Tuberculin test as provided in Section 5., paragraph J, of these regulations.
G. A nonrefundable annual license fee of fifty ($50.00) dollars per year or any part of a year shall be submitted at the time of application. License shall be renewed annually on November
lst of each year.
5. REQUIREMENTS FOR LICENSING OF AN ESTABLISHMENT: Every Establishment for the giving of massage, vapor, pool, shower or other baths shall meet the following requirements:
A. Applicant must submit to the Lexington Board of Health a completed application form containing all information therein requested. False statements in said application shall be grounds for denial of a license request.
B. Every licensee shall notify the Lexington Board of Health prior to any change of name, address or ownership.
C. No licensed establishment shall operate under any name or designation not specified on the license.
D. No licensed establishment shall be kept open between the hours of 11:00 PM and 7:00 AM, unless specifically authorized in writing by the Director of Public Health.
E. Every licensee shall permit the Lexington Board of Health and/or Police Department to inspect his/her place of business at any time to the maximum extent permitted by law.
F. No establishment shall employ or shall cause to be employed as a massage therapist any person who has no license for the practice of massage in the Town of Lexington, or whose massage
license has been revoked or suspended within the past three years.
G. It is forbidden to employ or permit any person in or on the licensed premises to perform an act or acts, or to simulate an act or acts of sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts prohibited by law. H. If food is served, the establishment must be in compliance
with Article X of “The State Sanitary Code”.
1. No alcoholic beverages shall be permitted in that portion of a building used for the purpose of giving massage, vapor or other baths as determined by the Lexington Board of Health
J. No person shall treat or be treated if afflicted with a reportable communicable disease. However, the person may treat or be treated when a written statement is received from a physician to the effect that the condition is no longer contagious.
K. The board shall require proof of a negative tuberculin test with a new or renewal of a massage license, to be repeated every two (2) years or at the discretion of the Board.
L. Every person practicing massage shall wash their hands throughly with soap and hot water immediately before and after treating a patron.
M. Smoking is not allowed in any building or establishment that is being used for the purpose of giving a massage.
N. 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 pubic hair, cleft of the buttocks, or genitals.
0. The establishment shall be connected to the public sewerage system.
P. All rooms shall be well lighted, well ventilated and
properly heated in accordance with local and/or state
regulations except during those periods declared as emergencies
by local or state officials. Lighting in areas used for
massage or baths shall be of such intensity that all parts of
the room are clearly visible at all times.
Q. There shall be a safe, adequate supply of hot and cold
running water at all times.
R. There shall be a toilet, hand washing facilities, and one or more treatment rooms.
S. All areas of the establishment, including the fire equipment therein, shall be kept in a sanitary condition at all times. This shall include the regular application of cleansers and antibacterial agents.
T. All robes, sheets. towels, and other items, which may come in direct contact with the body shall be properly cleaned and stored in a sanitary manner. single service disposable items are acceptable.
U. No room or section of a building-licensed for the purpose of giving massage, vapor or other baths shall be used as a bedroom.
V. The license of the establishment and all massage therapists must be displayed in a conspicuous place.
W. The establishment must comply with all local building code requirements.
X. Establishment licenses shall only be granted to individuals who hold individual licenses issued by the Lexington Board of Health, or to corporations whose principal officers hold such individual licenses.
Y. The Board of Health, at its discretion, may waive any of these requirements in its sole and absolute discretion.
Z. A non-refundable annual license fee of One Hundred ($100) dollars a year or any part of a year, renewable annually on November lst.
6. DENIAL OF APPLICATION FOR LICENSE OR RENEWAL THEREOF:
A. Any person or establishment whose application for a license or license renewal is denied, may within ten (10) 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 thirty (30) days.
7. SUSPENSION OR REVOCATION OF LICENSE:
A. No license granted under these regulations, whether for individual practitioners or for an establishment, may be suspended or revoked without a hearing, except that the Director of Public Health may suspend an establishment and an individual license for flagrant violation of the regulations or under emergency circumstances as determined by the Director.
In the event that the Director shall suspend any license as herein provided, the licensee shall be entitled to have such suspension reviewed by the Board of Health at its next regularly scheduled meeting or within fourteen (14) days of receipt of a hearing request, whichever is sooner.
B. Such licenses may be suspended or revoked if, after a hearing, the Lexington Board of Health find that the licensee has:
(1) Made a material false statement on the application
(2) Violated or permitted a violation of any of these regulations or of any conditions of the license; or
(3) Violated or permitted a violation of any law of the Commonwealth.
A. Whoever violates any provisions of these rules and regulations shall be punished by a fine of not more than one hundred ($100.00) dollars per violation or per day the violation continues or imprisonment for not more than six (6) months or both in accordance with General Laws, Chapter 140, Section 53, as amended. Each day that these violations exist shall constitute a separate violation.
A. If any section, subsection, sentence, clause, phrase or 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 portion thereof.
Adopted July 17, 1996 by the Lexington Board of Health