[Ord. No. 16-05, 1-21-2016[1]]
It is hereby declared that the business of operating massage
establishment or as a massage therapist as defined herein is a business
affecting the public health, safety, and general welfare.
[Ord. No. 16-05, 1-21-2016]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any and all persons, other than the massage therapist, who
render any service to the permittee, and who receives compensation
directly from the permittee, and who have no physical contact with
customers and clients.
Any methods of pressure on or friction against or striking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance with or without
such supplementary aids as rubbing alcohol, liniment, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any place or facility where the massage is performed.
A health care practitioner who provides or offers to provide
massage therapy, as provided in Chapter 324, RSMo., to any person
at no cost or for a fee, monetary or otherwise, implying that the
massage therapist is trained, experienced and licensed in massage
therapy and holds a current valid license to practice massage therapy.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows, or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law, or to those occupations
defined in Chapter 329, RSMo.
A person who practices as a massage therapist.
Any individual, firm, owner or operator of a massage establishment.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession, or work of massage,
which school requires course of study of at least five hundred (500)
clock hours of supervised instruction and which school has been recognized
and approved by the State of Missouri.
[Ord. No. 16-05, 1-21-2016]
It shall be unlawful for any person, firm, or corporation owning,
controlling or leasing, acting as agent for, conducting, managing
or operating any massage establishment without first applying for
and receiving a license from the City Clerk.
[Ord. No. 16-05, 1-21-2016]
A.Â
Application. Any person desiring a massage health permit shall make
written application for a permit on forms provided by the City Clerk.
B.Â
Issuance. After receipt of an application for a massage therapist
health permit, the Health Department shall inspect the proposed massage
establishment to determine compliance with the provisions of this
Chapter. If applicable requirements of this Chapter have been met,
the Health Department shall issue a massage health permit.
[Ord. No. 16-05, 1-21-2016; Ord. No. 16-38, 1-5-2017]
A.Â
The annual permit fee for massage establishment shall be based on
assessed risk priority and inspection frequency.
[Ord. No. 16-05, 1-21-2016]
Licenses and permits for a massage establishment under the provisions
of this Chapter may be granted at any time during the year, but all
licenses and permits issued herein under shall expire on the 30th
day of June. Licenses shall not be transferable from one (1) person
to another or from one (1) location to another.
[Ord. No. 16-05, 1-21-2016]
All licenses and permits shall be posted at all times in a visible
location in the establishment.
[Ord. No. 16-05, 1-21-2016]
A.Â
Compliance. Any person maintaining, conducting, operating or managing
any massage establishment must comply with the following regulations.
B.Â
General Regulations.
1.Â
Age: No massage therapy may be administered by any person less
than twenty-one (21) years of age. No massage therapy may be administered
to any person less than eighteen (18) years of age without the written
consent from the legal guardian.
a.Â
The consent form must be provided from the facility providing
the service and keep on file for three (3) years.
2.Â
An operator shall practice within the scope of their education
and training and shall not misrepresent professional qualifications
relating to licensure, education, experience or areas of competence.
3.Â
An operation shall conduct business with honesty and integrity.
4.Â
Maintain professional liability insurance.
5.Â
Advertise massage therapy services or instruction that is accurate
and free of deception, sexual suggestiveness, or explicit sexuality.
6.Â
When providing massage therapy the operator shall not dress
or behave in a provocative manner.
7.Â
Prior to treatment, disclosure of the fee schedule, to include
gratuitous services or discounts in connection with massage therapy
services, clearly and conspicuously disclose whether additional charges
may be incurred for related services and the cost of such related
services.
8.Â
Shall not engage in any verbally or physically abusive behavior
with a client.
9.Â
Shall not engage in sexual conduct with a client(s) during a
massage session.
10.Â
Shall not exercise influence within a licensee-client relationship
for the purpose of engaging a client in sexual activity during a massage
session.
11.Â
Shall not take unfair advantage of the client for financial
gain.
12.Â
Shall not massage the genitals.
13.Â
Shall not massage the breast unless ordered by a physician prescription
or by documented clinical indication. Such documentation shall be
included in the client's record and the massage shall be performed
by a licensee that is certified or has advanced training in techniques
related to therapeutic treatment of mammary tissue.
14.Â
An operator prior to providing massage therapy shall document
or update client information. (refer to 20 CSR 2197-3.010)
C.Â
Premises.
1.Â
Premises and equipment must be maintained in a sanitary matter.
This includes physical cleanliness as well as antiseptic precautions.
2.Â
Provide privacy for the client while the client is dressing,
undressing, and during the massage.
3.Â
Provide appropriate draping during treatment which includes
draping at the gluteal cleft and genitals on males and females and
the breast on females.
4.Â
Modify or terminate treatment at the client's request regardless
of prior consent.
5.Â
Utilize universal precautions at all times as defined in 20
CSR 2197-1.010(4). This includes hand washing with an antibacterial
agent before and after each client and not knowingly exposing clients
to contagious diseases.
6.Â
All massage chairs/tables shall have adequate space to allow
proper body mechanics and to minimize the spread of infection between
tables/chairs.
D.Â
Equipment. Maintain all equipment used to perform massage therapy
services in a safe and sanitary condition, which shall include but
is not be limited to:
1.Â
Covering any massage or steam equipment with a single service
material that does not have an impervious barrier;
2.Â
Repairing all cuts and nicks in upholstery;
3.Â
Cleansing all equipment coming in contact with a client with
an antibacterial agent between each client usage. Such equipment shall
include hydrotherapy equipment, combs, brushes, shower caps, showers,
tubs, and basins;
4.Â
Checking all equipment for the presence of any liquid, oil and/or
body fluid and clean with an antibacterial agent prior to and between
each client usage;
5.Â
Cleaning all face cradles, arm rests on all massage chairs and
tables with an antibacterial agent between each client regardless
of whether or not a single service material was used;
6.Â
Using ice cubes only once and then disposing of properly;
7.Â
Cleaning after each use and maintain all cold and hot pack equipment;
8.Â
Storing and dispensing massage therapy lubricants from suitable
containers that are sanitized to preserve the integrity of the lubricant
and to prevent contamination;
9.Â
Keeping multiple use containers such as pump bottles and tubes
free of debris, cleaning with antibacterial agent between each client
use, and refill containers in a sanitary manner;
10.Â
Storing all single service materials and linens in closed or
covered shelves, containers, cabinets or closets;
11.Â
Using clean single service materials such as sheets, towels,
gowns and pillowcases for each client;
12.Â
Professionally laundering or washing all soiled, single service
materials and drapes as instructed from the product label instructions;
(refer to 20 CSR 2197-3.010).
13.Â
Storing all dirty or soiled, single service materials, trash,
or refuse in a closed container, closed shelves, cabinets, or closets
and separate from clean, single service materials.
E.Â
All new massage establishments shall obtain a Conditional Use Permit
approval from the Planning and Zoning Commission and the Board of
Aldermen.
F.Â
Failure to comply with the above rules and conditions may result
in revocation of the Conditional Use Permit and license to operate.
Such revocation shall be at the discretion of the Health Officer and
the Board of Aldermen.
[Ord. No. 16-05, 1-21-2016]
Any person, firm or corporation who shall violate any of the
provisions of this Chapter or fail to comply with any order or regulation
made thereunder shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00).