[HISTORY: Adopted by the Board of Health of the Town of Wakefield 10-18-1993.
Amendments noted where applicable.]
The Wakefield 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.
As used in this chapter, the following terms shall have the meanings
indicated:
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 § 420-11 where the Advisory Board is further defined.
A practicum conducted in the context of a five-hundred-hour course
of study with an instructor present to observe.
The room or group of rooms, office, building, place of business or
premises where massage therapy; bodywork; movement education is practiced.
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 five-hundred-hour course of study and shall be
indirectly supervised by a licensed professional practitioner.
Study in massage therapy; bodywork; movement education taking place
in one (1) 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 "five-hundred-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.
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.
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 ("Feldenkrais" is a registered service mark of the
Feldenkrais Guild); massage therapy; neuromuscular therapy; oriental bodywork
therapies, including acupressure, Amma, Anma, Chi nei sang, Jin shin do, Okazaki
Restorative Massage, Nuat thai, Shiatsu and Tuina; polarity therapy; Rolfing
(the words "Rolfing" and "Rolfer" are registered service marks of the Rolf
Institute); and the Trager Approach ("Trager" is a registered service mark
of the Trager Institute).
A member of the Advisory Board.
The practice of massage therapy; bodywork; movement education at
locations other than an establishment, including but not limited to private
homes, businesses and sports events.
Any person who has completed a minimum five-hundred-hour course of
study in massage therapy; bodywork; movement education which meets the standards
of a state or national professional association or institute or has passed
the national certification exam for therapeutic massage and bodywork or has
been recommended by the Advisory Board and who, for compensation, hire or
reward, engages in the practice of massage therapy; bodywork; movement education.
An organization providing standards for practice, a code of ethics
and a grievance procedure and providing or approving a five-hundred-hour course
of study. State or national professional associations or institutes meeting
the above criteria include but shall not be limited to the 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
and the Trager Institute.
Any person having accumulated fewer than five hundred (500) hours
in his/her course of study and 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.
Any premises, facility, structure or building used to train individuals
to become professional practitioners of massage therapy; bodywork; movement
education.
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 Wakefield unless first having been issued
a license required pursuant to these regulations. The fee for the initial
license and for a renewal license shall be fifty dollars ($50.).
B.
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 Wakefield unless first having been issued a permit pursuant to these regulations.
The fee for the initial permit and for a renewal permit shall be twenty-five
dollars ($25.).
C.
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 as follows:
(1)
Establishment operated by one (1) student/apprentice
practitioner: twenty-five dollars ($25.).
(2)
Establishment operated by one (1) professional practitioner:
fifty dollars ($50.).
(3)
Establishment providing the services of one (1) professional
practitioner or student/apprentice practitioner: fifty dollars ($50.).
(4)
Establishment providing the services of two (2) to five
(5) professional practitioners and/or student/apprentice practitioners: sixty-five
dollars ($65.).
(5)
Establishment providing the services of six (6) to ten
(10) professional practitioners and/or student/apprentice practitioners: eighty
dollars ($80.).
(6)
Establishment providing the services of eleven (11) or
more professional practitioners and/or student apprentice practitioners: one
hundred dollars ($100.).
D.
No person shall conduct solely off-premises business
unless first having been issued an off-premises business permit required pursuant
to these regulations. The fee for initial and renewal off-premises business
permits shall be twenty-five dollars ($25.). An establishment license shall
not be required for a professional practitioner or student/apprentice practitioner
conducting solely off-premises business.
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 or a permit issued to conduct
solely off-premises business is not transferable to another location or person.
All licenses expire one (1) year from the date of issue.
F.
No practitioner or instructor of massage therapy; bodywork;
movement education shall engage in the practice of massage therapy; bodywork;
movement education in the Town of Wakefield on a temporary basis unless first
having been issued a temporary license required pursuant these regulations.
A temporary license shall be required for practitioners participating at events,
including but not limited to sports events and massage therapy; bodywork;
movement education training events. The temporary license fee shall be fifteen
dollars ($15.) per practitioner for an event of one (1) to seven (7) days
and twenty-five dollars ($25.) per practitioner for an event of eight (8)
days to four (4) weeks. No establishment license shall be required for the
setting of said event.
G.
Such temporary licenses shall be obtained by the individual
practitioner or on his/her behalf by a training facility or school or an institution
(e.g., the Boston Marathon).
A.
Practitioner. 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, occupational therapists
or physical therapists who are duly licensed to practice their respective
professions in the Commonwealth of Massachusetts.
(2)
Athletic trainers duly licensed under the laws of the
Commonwealth of Massachusetts.
(3)
Nurses who are registered or licensed under the laws
of the Commonwealth of Massachusetts.
(4)
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.
(5)
An acupuncturist duly licensed under the laws of the
Commonwealth of Massachusetts.
(6)
Teachers of the Alexander Technique.
B.
Establishment. These regulations shall not apply to the
following:
(1)
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 town are required to obtain a license or permit as provided herein unless excluded under Subsection A.
(2)
Locations where massage therapy; bodywork; movement education
is offered infrequently, that is, on ten (10) or fewer occasions over a six-month
period.
C.
Student/apprentice. A student or apprentice of massage
therapy; bodywork; movement education who is gaining 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.
No person shall be licensed to practice as a professional practitioner
of massage therapy; bodywork; movement education in the Town of Wakefield
unless he/she meets the following requirements. He/she shall:
A.
Submit to the Wakefield Board of Health a complete 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 (2) forms of positive identification
or a valid passport.
C.
Submit a demonstration of competency in one (1) of the
following three (3) ways:
(1)
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.
(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 five-hundred-hour course of study
in massage therapy; bodywork; movement education.
D.
Submit one (1) face-front photograph at least 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 of 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 Health
Board. Professional practitioners shall not misrepresent their training, experience,
credentials or title.
F.
Submit proof of a skin test for tuberculosis within the
last two (2) years. A new skin test for tuberculosis shall be required every
three (3) years thereafter.
G.
File an application for renewal not less than thirty
(30) days prior to the expiration of his/her license, whereupon his/her existing
license shall not expire until the Wakefield Board of Health has determined
the application's renewal status. At time of filing the renewal application,
the applicant shall submit satisfactory evidence, as outlined on the documentation
page of the information packet, of his/her current professional status.
A.
Every operator of an establishment for the giving of
massage therapy; bodywork; movement education shall meet the following requirements.
The operator shall:
(1)
Submit to the Wakefield 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 Wakefield 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 pursuant to Subsection A(2) 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 Wakefield Board of Health.
(5)
Perform or allow to be performed no illegal act on the
premises. A violation of this subsection may be grounds for revocation, suspension
or modification of the massage therapy; bodywork; movement education establishment
license.
(6)
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.
(7)
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.
(8)
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.
(9)
Post conspicuously at the reception area of an establishment
where shower facilities are not provided a sign which shall read:
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Notice to Massage Clients
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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.
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The letters in the first two (2) lines shall be at least one (1) inch
in height. Hypoallergenic soap, water and rubbing alcohol [seventy percent
(70%) 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 do not use oil (e.g., oriental bodywork, polarity therapy,
etc.).
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(10)
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.
(11)
Clean and sanitize after each use all robes, sheet, 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.
(12)
Display in a 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.
(13)
File an application for renewal not less than thirty
(30) days prior to the expiration of the establishment license, whereupon
the existing license shall not expire until the Wakefield Board of Health
has finally determined the renewal application's status.
B.
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. All practitioners shall:
(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 a sufficient level of personal cleanliness and
be clothed in clean and appropriate attire.
(4)
Take all precautions for proper hygiene within the facilities.
C.
A practitioner who has been issued an establishment license shall be allowed to conduct off-premises business according to the requirements specified for conduct of an establishment in Subsection A(5), (6), (7) and (11) and Subsection B(1), (2), (3) and (4). The practitioner shall carry his/her license or permit and establishment license when conducting off-premises business.
No person shall be granted a student/apprentice practitioner permit
to practice massage therapy; bodywork; movement education in the Town of Wakefield
unless he/she meets the following requirements. He/she shall:
A.
Submit to the Wakefield 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). False statements in said application shall be
grounds for denial or revocation of a permit.
B.
Provide satisfactory evidence that the applicant is eighteen
(18) years of age or older by presenting two (2) forms of positive identification
or a valid passport.
C.
Submit satisfactory evidence, as outlined on the documentation
page of the information packet, that he/she is engaged in the pursuit of a
five-hundred-hour course of study in massage therapy; bodywork; movement education.
D.
Submit one (1) face-front photograph at least two by
two (2 x 2) inches in size taken within thirty (30) days prior to the submission
of the application.
E.
Submit proof of a skin test for tuberculosis within the
last two (2) years. A new skin test for tuberculosis shall be required every
three (3) years thereafter.
F.
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.
G.
File an application for renewal not less than thirty
(30) days prior to the expiration of his/her permit, whereupon the existing
permit shall not expire until the Wakefield Board of Health has determined
the renewal application's status. At the time of filing the 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.
Every operator of a solely off-premises business shall meet the following
requirements. The operator shall:
A.
Submit to the Wakefield 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 permit.
C.
Carry his/her practitioner's license or permit and
off-premises business permit when conducting off-premises business.
D.
Notify the Wakefield Board of Health within fourteen
(14) days of names and addresses of locations (except private homes) of off-premises
business once business has become frequent [i.e., ten (10) or more sessions
over a six-month period].
E.
File an application for renewal not less than thirty
(30) days prior to the expiration of the permit, whereupon the existing permit
shall not expire until the Wakefield Board of Health has finally determined
the renewal application's status.
No person shall practice massage therapy; bodywork; movement education
on a temporary basis in the Town of Wakefield unless he/she meets the following
requirements. He/she shall:
A.
Submit to the Wakefield Board of Health a completed application
form supplying all information therein requested. This form shall be completed
by the individual practitioner on his/her own behalf or by an agent of the
temporary event on behalf of the participating practitioner(s).
B.
Perform or allow to be performed no illegal act on the
premises of the temporary event.
C.
Maintain hygienic practices to the greatest degree allowed
by the conditions of the temporary event.
D.
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 professional association or institute named
herein or in accordance with the ethical code outlined by the Advisory Board.
E.
Student/apprentice practitioners who practice in a Massachusetts
city or town that does not require a permit or student/apprentice practitioners
from out of state shall not qualify for a temporary license.
A massage therapy; bodywork; movement education license does not qualify
the practitioner to practice colonic hydrotherapy.
A.
The state-wide 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. 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 bylaws.
B.
Members of the Advisory Board shall be appointed by the
association(s) they represent as specified in the Advisory Board bylaws. A
member may be removed for neglect of duty or incompetency as specified in
the Advisory Board bylaws.
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 and standards for practice and defines a minimum five-hundred-hour
course of study.
D.
Functions of the Advisory Board. The Advisory Board shall
serve in an advisory capacity to the Wakefield 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 Wakefield 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 Wakefield Board of Health, using these rules and
regulations and the information packet provided by the Advisory Board, shall
decide the eligibility of an application for a license or permit.
(2)
When the Wakefield Board of Health, for any reason, cannot
determine an applicant's eligibility for a license or a permit, the Board
of Health shall contact the Advisory Board for direction and assistance in
the following manner:
(a)
The Board of Health shall ask the applicant to indicate
which massage therapy; bodywork; movement education member most closely represents
the applicant's work. The Board of Health shall then contact that member
with the specific problem or question regarding the applicant's qualifications.
(b)
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.
(c)
After reviewing the applicant's qualifications,
the appropriate member of the Advisory Board 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 practitioners of massage therapy; bodywork; movement
education shall be as follows:
(1)
The Wakefield 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 Wakefield 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:
(a)
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.
(b)
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.
A.
The Board of Health may suspend, revoke or modify a professional
practitioner or establishment or temporary license or a student/apprentice
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.
B.
The person(s) to whom an order has been served may request
a hearing before the Board of Health within seven (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 thirty (30) days
after the day on which the order was served. The thirty-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 of Health shall sustain, modify or withdraw the order
and shall inform the petitioner, in writing, of this decision.
Whoever violates any provision of these rules and regulations, as stated
herein, under the authority of and as pertaining to MGL c. 111, § 31
and c. 140, §§ 51 and 53, shall be punished by a fine of not
more than one thousand dollars ($1,000.).
If any section, paragraph, sentence, clause, phrase or word of the rules
and regulations shall be declared invalid for any reason whatsoever, such
declaration shall not affect any other portion of the rules and regulations,
which shall remain in full force and effect, and to this end so shall the
provisions of these rules and regulations.
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 fourteen (14) days.
B.
Any person(s) who has been refused a granting of a variance
may request a hearing before the Wakefield Board of Health within seven (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 thirty (30) days after the day on which the refusal was served.
The thirty-day period may be extended if, in the opinion of the Wakefield
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.
A.
The Wakefield Board of Health shall recognize an establishment
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., ten (10) sessions or fewer over a six-month period] without obtaining
an additional establishment 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 Wakefield without
additional evaluation of qualifications, provided that the city/town of original
licensing has a comparable regulatory standard.
