[Ord. No. 3228-01 §2, 1-3-2001; Ord. No. 3252-01 §§4—5, 4-18-2001]
As used in this Title, the following terms shall mean:
Any place of business in which massage therapy is practiced.
Any place of business where any type of massage is performed by an individual who is not a massage therapist or otherwise exempted pursuant to Section 630.020(D) of this Code.
A health care practitioner who provides or offers to provide
massage therapy, as provided herein, 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 who 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 cosmetologists,
hairdressers and manicurists.
This term shall have the same meaning as "Massage Therapy".
[Ord. No. 3228-01 §2, 1-3-2001]
A.
Application. A person desiring a license to practice massage therapy shall make application to the Director of Finance pursuant to Chapter 605 and this Chapter and pay the appropriate fees.
D.
Exemptions. The following practitioners are exempt from
the provisions of this Chapter upon filing written proof with the
City that they meet one (1) or more of the following:
1.
Persons
who act under a Missouri State license, registration or certification
other than a license as a massage therapist pursuant to Sections 324.240
through 324.275, RSMo., 1994, and perform soft tissue manipulation
within their scope of his or her licensed, registered or certified
practice;
2.
Persons
who restrict their manipulation of the soft tissues of the human body
to the hands, feet or ears;
3.
Persons
who use touch and words to deepen awareness of existing patterns of
movement in the human body as well as to suggest new possibilities
of movement; and
4.
Persons
who manipulate the human body above the neck, below the elbow, and
below the knee and do not disrobe the client in performing such manipulation.
[Ord. No. 3228-01 §2, 1-3-2001]
A.
The Director
of Finance may refuse to issue, renew or reinstate any license required
by this Chapter, or suspend or revoke any such license, for any of
the following reasons:
1.
The
person has been finally adjudicated and found guilty, or entered a
plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any State or of the United States, for any offense
reasonably related to the qualifications, functions or duties of the
profession regulated pursuant to this Chapter, for any offense an
essential element of which is fraud, dishonesty or an act of violence,
or for any offense involving moral turpitude, whether or not sentence
is imposed;
2.
Use
of fraud, deception, misrepresentation or bribery in securing any
license issued pursuant to this Chapter;
3.
Obtaining
or attempting to obtain any fee, charge, tuition or other compensation
by fraud, deception or misrepresentation;
4.
Incompetency,
misconduct, gross negligence, fraud, misrepresentation or dishonesty
in the performance of the functions or duties of the profession regulated
by this Chapter;
5.
Violation
of, or assisting or enabling any person to violate, any provision
of this Chapter, or of any lawful rule or regulation which the State
Board of Therapeutic Massage has adopted;
6.
Impersonation
of any person holding a license or allowing any other person to use
his or her certificate or diploma from any school;
7.
Disciplinary
action against the holder of a license or other right to practice
the profession regulated by this Chapter granted by another municipality,
State, territory, Federal agency or Country upon grounds for which
revocation or suspension is authorized in this State;
8.
A person
is finally adjudged insane or incompetent by a court of competent
jurisdiction;
9.
Issuance
of a license based upon a material mistake of fact; and/or
10.
Use
of any advertisement or solicitation which is false, misleading or
deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed.
