[HISTORY: Adopted by the Board of Health of the Town of Walpole effective 5-4-1995;
last amended 4-26-2005. Subsequent amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Approved by the Board of Health of the Town of Walpole.
The provision of care or services to a member of the opposite biological
sex.
Any office, building, place of business or premises where massage
therapy is practiced as described in the definition of "massage therapy" in
this section or where therapeutic or conditioning baths of water, vapors or
other similar substances are given.
Any person (hereafter also termed "provider") who has been trained
in the art of massage therapy and who has completed a program of the instruction
in massage therapy approved by the Board of Health of the Town of Walpole.
Any method of applying pressure, friction or manipulation of the
superficial external or deep tissues, muscles joints or bones; of tissue of
the human body by rubbing, kneading, tapping, pounding or stroking with the
hands or arms; with and without the aid of any manual electric or mechanical
instrument; with or without supplementary aids such as rubbing alcohol, liniments,
oils, creams, lotions, powders or similar preparations used in the practice
for stimulating circulation, reducing tension and/or to provide for an increase
in a person's health and well-being.
Any individual, copartnership, corporations, company, association,
firm, society or any combination of individuals in whatever form or character.
An effective bactericidal treatment by a process that provides enough
accumulation of heat or concentration of chemicals for enough time to reduce
bacterial count, including pathogens to a safe level on clean towels, linens
and instruments.
Any device, compartment or room designed to immerse or surround all
or part of the human body in steam, fog or mist in a contained space. The
term shall include, but not limited to, saunas, steam rooms, Turkish baths,
Finnish steam baths and steam cabinets.
A.
License. No person shall practice massage therapy or
conduct an establishment for the giving of massage therapy; or vapor, shower
or other baths, or advertise or hold himself out as being engaged in the business
of massage therapy or giving of said baths in the Town of Walpole without
receiving a license therefor from the Board of Health of the Town of Walpole.
B.
Requirements.
(1)
Any person desiring to obtain a license to practice massage
therapy, vapor, shower or other baths shall make written application for such
license on a form provided by the Board of Health.
(2)
The application for license shall include the following:
(a)
Applicant must be at least 18 years of age.
(b)
A certified copy of academic transcript and proof of
graduation from a school of massage therapy approved by the American Massage
Therapy Association or the Commonwealth of Massachusetts Department of Education
or the Board of Education in the state in which the school is located.
(c)
A minimum of 500 hours of classroom training at a school
of massage therapy approved by the American Massage Therapy Association or
the Commonwealth of Massachusetts Department of Education or the Board of
Education in the state in which the school is located and in addition to the
classroom training a minimum of six months of practical work experience/internship
with a licensed massage therapist that includes a minimum of 20 hours per
week on average, for a total of 500 hours.
(d)
Copies of three professional letters of recommendation.
(e)
Certification that the applicant is free of tuberculosis
in a communicable form or any other communicable disease as set forth by the
Massachusetts Department of Public Health. This can be accomplished by a skin
test for tuberculosis and/or a chest x-ray, within one year prior of submitting
a license application and then biannually.
(f)
The name and address of all licensed establishments at
which the applicant intends to practice, both within the Town of Walpole and
outside the Town.
(g)
All criminal convictions, forfeiture of bond, or plea
of nolo contendre, excluding traffic infraction or misdemeanor violations.
(3)
The Board of Health of the Town of Walpole reserves the right
to grant variances on the above conditions.
C.
Every applicant for a license shall provide evidence
satisfactory to the Board of Health to be of good moral and ethical character,
of training and experience, and of physical fitness to enable the applicant
to engage in the calling that he/she desires; and any license whosoever may
at any time be required to furnish additional evidence of such character,
fitness, training and experience.
D.
No licensee shall perform massage therapy outside of
a licensed establishment or in a home of a client unless specifically authorized
by the Board of Health.
E.
No licensee shall perform massage therapy on a person of the opposite sex unless specifically authorized by the Board of Health. The procedure for obtaining such approval is outlined in Subsections E(1) through (4).
(1)
Request for authorization to perform cross-gender massage
will be reviewed on a case-by-case basis.
(2)
A massage therapist requesting cross-gender authorization
shall petition the Board of Health in writing, indicating his/her reasons
for the request.
(3)
The applicant shall appear at a scheduled interview before
the Board of Health at which time the board will determine whether or not
the applicant demonstrates a high level of professionalism toward the practice
of cross-gender massage.
(4)
The crossed-gender authorization shall be reviewed annually
upon complete compliance with this Walpole Board of Health regulation during
the year preceding.
F.
Failure to comply with all applicable provisions of these
regulations may result in suspension or revocation of the license, by the
majority vote of the Board of Health.
G.
The fee for such license shall be as established in the
Walpole Board of Health Fee Schedule and the license will expire on December
31 of each year.
The licensing provisions of these regulations shall not apply to the
following classes of individuals while engaging in the performance of the
duties of their respective professions:
A.
Physicians, chiropractors, osteopaths, podiatrists, physical
therapists, occupational therapists, or acupuncturists who are duly licensed
to practice his/her respective profession in the Commonwealth of Massachusetts.
B.
Barbers and beauticians who are duly licensed under the laws
of the Commonwealth of Massachusetts while engaging in practices within the
scope of their licenses, except that his provision shall apply solely to the
massaging of the neck, face and/or scalp of the customer or client. (Reference:
MGL c. 112, §§ 87H, 87I, 87T and 87JJ).
A.
License. Every establishment for the offering of massage
therapy or vapor, pool, shower or other baths shall be licensed by the Board
of Health.
B.
Fee. The fee for such a license shall be as established
by the Walpole Board of Health Fee Schedule and license shall expire on December
31 each year.
C.
Requirements. Every establishment for the offering of
massage therapy or vapor, pool, shower or other baths shall meet the following
standards:
(1)
All persons in each establishment engaging in the practice
of massage therapy shall hold a valid license from the Walpole Board of Health.
(2)
All rooms shall be well-lighted and well-ventilated.
(3)
Floors, walls, ceilings and other physical facilities
of the establishment shall be maintained in a clean, sanitary condition at
all times.
(4)
Hot and cold running water from an approved source shall
be provided, constructed, maintained and operated according to the applicable
laws and in sufficient supply necessary to conduct the operations of the establishment.
(5)
Toilet facilities shall be installed according to applicable
laws; shall be at least one and not less than the number required by law;
shall be conveniently located and accessible to employees and patrons at all
times.
(6)
Establishments shall be equipped with an adequate supply
of clean, sanitary towels, coverings and linens which shall be stored so as
to protect them from contamination. Towels and linens shall not be used on
more than one patron unless they have been laundered and sanitized between
individual uses. Disposable towels and coverings shall not be reused. Soiled
linens and disposable items shall be deposited in separate covered receptacles
and shall be disposed of as often as necessary in an approved sanitary manner.
(7)
All instruments and devices used by any person licensed
to practice massage therapy or conduct an establishment for the giving of
massage therapy, for the direct application to the bodies of patrons or for
holding materials to be applied to the body, shall be kept clean and sanitized
between uses on customers or patrons. Adequate provisions shall be made for
cleaning and sanitizing, according to manufacturers' specifications and subject
to amendment by Board of Health inspectors.
(8)
No licensed establishment shall be kept open or operate
except between the hours of 7:00 a.m. and 9:00 p.m., unless authorized by
the Board of Health.
(9)
The conduct or operation of the business for which the
permit is requested and the place set forth in the application shall not violate
any law, regulation or ordinance of the Town of Walpole or the Commonwealth
of Massachusetts.
(10)
Every person licensed to practice massage therapy or
to operate an establishment for the giving massage therapy or vapors, pool,
shower or other baths will be issued a certificate to that effect from the
Board of Health and the licensee shall have this certificate in his/her possession
whenever and wherever he/she may engage in the practices so mentioned, and
if requested, shall produce such certificate at the request of any legally
authorized public official or officer.
(11)
The facility shall at all times give the appearance of
a professional facility.
(12)
Agents of the Massachusetts Department of Public Health,
the Walpole Board of Health or the Walpole Police Department as provided in
MGL c. 140, § 52, may enter an establishment licensed for the giving
of massage therapy, vapors, pool, shower or other baths at any reasonable
time for the purpose of making an inspection to ascertain whether the establishment
is in compliance with these regulations. Refusal to allow such entry to authorized
persons shall be sufficient reason to revoke the license issued under § 703-A,
B and D above.
(13)
Facilities inspected at least annually.
D.
Vapors, shower and other baths additional requirements:
(1)
Operator shall provide for each sex, when applicable,
separate dressing and toilet facilities which are adequate in number for the
persons who may use the vapors, showers or other baths at one time.
(2)
Finished materials of the walls and partitions of the
dressing rooms shall be smooth, nonabsorbent and capable of being sanitized.
Dressing rooms shall be of ample size, well-lighted, drained, ventilated and
maintained in good, clean, sanitary condition at all times.
(3)
Floor mats, if provided, shall be made of nonporous,
rough, perforated rubber, plastic or other approved material.
(4)
Heavy duty wall-mounted soap dispensers shall be provided
at each individual shower stall or at a rate of one dispenser for every two
shower heads in a common shower room containing more than one head. Common
use of bar soap or cloth towels is prohibited.
(5)
Every bath tub without a system for recirculation and
purification of tub water shall be drained, sanitized and refilled for each
user.
(6)
All vapors, showers and other baths, shower rooms, shower
compartments and toilet rooms shall be thoroughly cleaned every day the establishment
is in operation.
(7)
No person having a disease communicable in the performance
of his/her duties as an employee of a vapor, shower or other bath shall be
allowed to work in the establishment during the period of his/her communicability.
(8)
Any person having a disease communicable in the conditions
ordinarily associated with the use of vapor, shower or other bath shall be
excluded from its use during the period of his/her communicability.
E.
Vapor bath special requirements:
(1)
The temperature shall be thermostatically controlled
and shall not exceed 194° F. or 90° C. for a sauna room and 120°
F. or 49° C. for a steam room. A mechanism for continuous temperature
monitoring will be in place, including a paper recording device.
(2)
The vapor bath shall be equipped with a free swing-type
door and a window to facilitate viewing of the interior of the room.
(3)
A timing device and temperature indicator shall be provided
and so located as to be clearly visible to the user.
(4)
A clearly legible sign of permanent and durable material
shall be affixed to the outside and the inside of the sauna or steam room
at eye level. The plate shall bear the following or equivalent wording:
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WARNING: Use of this room should not exceed 30 minutes: excessive
exposure may be harmful; pregnant women, elderly, and persons with heart disease,
diabetes, high or low blood pressure should consult with their physicians
before using this facility. Use of this facility while under the influence
of alcohol or narcotics or while using medication is prohibited. Use by children
under the age of 14 years is prohibited.
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F.
Pool baths special requirements. Any establishment which
provides a specialty purpose pool as defined in the State Sanitary Code, Chapter
V, Minimum Standards for Swimming Pools, 105 CMR 435.000, shall meet all requirements
of the State Sanitary Code.
A.
Criminal complaint. Whoever violates any provisions of
these rules and regulations may be penalized by indictment or on complaint
brought in the District Court. Except as may otherwise be provided by law,
and as the District Court may see fit to impose, the maximum penalty for any
violation of these provisions shall be $300 for each offense.
B.
Noncriminal disposition. Whoever violates any provision
of these rules and regulations may, at the discretion of the Health Agent,
be penalized by a noncriminal complaint in the District Court pursuant to
the provisions of MGL c. 40, § 21D. For the purpose of this provision,
the penalty to apply in the event of a violation shall be as follows: $25
for the first offense, $50 for the second offense; $100 for the third offense;
$200 for the fourth and subsequent offenses. Each day on which a violation
exists shall be deemed a separate offense. In addition, the Health Agent may,
when a clear danger to the health and welfare of the public exists, impose
a cease and desist order on the individual or premises or portion of which
found to be out of compliance.
