Many states have already implemented what is called establishment licensing (EL) which is an additional license to the already issued state massage license. The idea is that this will let law enforcement officials somehow take more action against the many sexually oriented businesses disguised as massage businesses. This is making the assumption that licensed massage therapists are the ones actually running the SOB’s. In most states, massage therapists are already licensed by the state having passed an approved massage school training, a licensing exam and background check. Many states also require that licensed massage therapists also have to post their license on the wall of the office and have it listed on advertisments such as websites.
ABMP and AMTA the two main massage associations have made statements in 2017 against massage establishment licensing, yet state legislators continue to try to create the laws to enact establishment licensing. The reasoning is that it will give authorities the right to inspect massage businesses to see if they are legit and shut them down if they are not. Law enforcement agencies are having a difficult time being able to investigate and prosecute the SOB’s. They need a reason to go into the business. The SOB’s are sometimes able to get actual business licenses somehow, but do not have licensed massage therapists working there.
At these establishments, the people who are hired to give the so called massage are often immigrant women and even men who speak little or no English are controlled or coerced by their employers to offer sexual services alongside massage. These women may owe large debts to their employers, may not control their own finances, and may be told they will be arrested or persecuted if they leave the massage parlor. These elements of fear, coercion and isolation make victims extremely reluctant to cooperate with law enforcement. This, in turn, makes it very difficult to prove human trafficking at these establishments. Everyone calls them illicit massage businesses when in fact they are prostitutes. Prostitution is illegal in every state except NV that allows it in a few counties. Here is the thing… they are illegally using the word massage in their business names, list of services and advertisements.
The thing is that a law-abiding, legitimate massage therapist will not be the businesses that are committing the crimes which is prostitution and often human trafficking. EL would require that a state massage board investigtor go into possible human trafficking set ups which are run by drug lords, cartell and shell companies who are very dangerous.
Establishment Licensing Laws by State
Alabama
“Ala.Code 1975 § 34-43-11
§ 34-43-11. Licensing of establishments.
(a) Establishments shall be licensed by the board. A sexually oriented business may not be licensed as an establishment and shall not operate as an establishment licensed pursuant to this chapter.
(b) Establishments shall employ only licensed massage therapists to perform massage therapy.
(c) The board shall provide by rule, for a fair and reasonable procedure to grant exemptions from the licensure requirement of this section when the applicant can show that the advertising of massage therapy services is incidental to the primary function of his or her business. No such exemption shall be granted to a sexually oriented business.
(d) An establishment license issued pursuant to this chapter is not assignable or transferable.
(e) Subsequent to an official complaint, the board may request a criminal background check of the establishment’s licensees through the district attorney of the circuit in which the licensee is located
(4) An establishment or business whose primary function is not the provision of massage therapy services may be exempt from the requirement of obtaining licensure as a massage therapy establishment by filing with the Board a sworn and notarized statement by the owner, lessee, or legal possessor declaring the primary function of the establishment; and by filing with the Board official government related or business records, city business license, Internal Revenue Service tax returns
and records or correspondence regarding advertisement, appointment books kept in the normal course of business, or statements of business associates consulted in relation to the practice of the primary function of the establishment to be other than massage therapy, and as to which massage therapy is an incidental practice. The Board may request such other and further documentation of the interaction of massage therapy practice and the primary function of the establishment as seems reasonable in making its determination as to the granting of exemption from establishment licensure.
(5) Each massage therapy establishment shall be subject to an inspection by the Board at any time during normal business hours and must demonstrate:
(a) current liability insurance coverage for bodily injury and property damage for the establishment;
(b) compliance with state and local fire and safety requirements;
532-X-3-.04. Establishment Licensure., AL ADC 532-X-3-.04
No claim to original U.S. Government Works. 18
(c) a fire extinguisher in good working condition;
(d) provision for extermination of vermin, insects, termites, and rodents;
(e) laundering or sanitation of all equipment and linens or other materials furnished for use of the customer or client, prior to reuse, if applicable;
(f) maintenance of equipment in a safe and sanitary condition;
(g) adequate toilet and lavatory facilities with running water, equipped with toilet tissue, soap dispenser with soap or other hand cleansing materials, sanitary towels or hand-drying devices, waste receptacle, with adequate lighting and ventilation sufficient to remove objectionable odors;
(h) adequate and sanitary shower facilities if the establishment maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet or steam room; the shower, if any, is to be equipped with soap, sanitary cloth towels, and adequate lighting and ventilation;
(i) clean drape material for draping clients during the massage, use of which shall be explained to the client prior to the massage, and which shall cover the buttocks and genitals of a male client at all times during the massage, and which shall cover the buttocks, breasts, and genitals of a female client at all times during the massage.
(6) Upon receipt of an application for a massage therapy establishment license, the Board may cause an initial inspection to be made of the site to confirm that the establishment meets the above requirements and is to be utilized for massage therapy and not for the purposes unlawful under the massage therapy statutes.
(7) Inspections may be initiated by the Board at any time during reasonable business hours after licensure of the establishment, which may include but are not limited to determining whether the establishment is in compliance with the rules governing the establishment’s operation, facilities, personnel, safety, sanitary requirements, and review of existing insurance coverage. Failure to cooperate with such inspection may lead to disciplinary action.
(8) No massage therapy establishment owner, lessee, or legal possessor shall knowingly engage in or permit any person or persons to engage in sexual activity in that owner’s massage establishment or to use that establishment to make arrangements to engage in sexual activity in any other place.
(9) Each massage therapy establishment applicant shall pass a criminal history check unless the applicant is a licensed massage therapist and has passed a criminal history check. “‘
Alaska
“12 AAC 79.930. REGULATION OF MASSAGE THERAPY ESTABLISHMENTS. (a) A massage therapy
establishment, unless exempted under (b) of this section, must register with the board by submitting
(1) a completed application form provided by the department;
(2) a notarized, completed self-inspection report form provided by the department, including certification of compliance with the establishment standards of operation adopted by reference in 12 AAC 79.900;
(3) the fee required under 12 AAC 02.396; and
(4) documentation of a current business license (AS 43.70) in this state.
(b) A massage therapy establishment is exempt from complying with (a) and (c) of this section if the majority owner of the massage therapy establishment business is a currently licensed
(1) acupuncturist under AS 08.06;
(2) chiropractor under AS 08.20;
(3) naturopath under AS 08.45;
(4) massage therapist under AS 08.61;
(5) physician, osteopath, mobile intensive care paramedic, or physician assistant under AS 08.64;
(6) direct-entry midwife under AS 08.65;
(7) advanced practice registered nurse under AS 08.68; or
(8) physical or occupational therapist under AS 08.84.
(c) The owner or manager of a massage therapy establishment shall notify the department in writing by submitting the items required under (a) of this section for a new registration not later than 30 days following any change in ownership of the massage therapy establishment.
(d) The owner or manager of a massage therapy establishment shall notify the department in writing not later than 30 days following a change in physical location by submitting
(1) a completed form provided by the department;
(2) a completed self-inspection report form described under (a)(2) of this section; and
(3) the fee required under 12 AAC 02.396.
(e) A massage therapy establishment required to be registered under this section must renew the registration on or before September 30 of every odd-numbered year by submitting
(1) a complete registration renewal form; and
(2) the registration renewal fee required under 12 AAC 02.396.
(f) A massage therapy establishment owner must notify the department in writing not later than 15 days after the establishment ceases operations.
(g) The department will maintain a registry of all massage therapy establishments registered with the board.
(h) In this section, “”massage therapy establishment”” means a fixed or mobile place of business that
(1) is owned by a natural person, partnership, limited partnership, corporation, company, limited liability
company, or other entity;
(2) engages in, conducts, or permits massage or massage therapy to be conducted for any form of
compensation, or uses the word “”massage”” in any solicitation or advertisement.
12 AAC 79.940. UNREGISTERED MASSAGE THERAPY ESTABLISHMENT INVESTIGATION. Unless
the massage therapy establishment is exempt from registration under 12 AAC 79.930(b), if an inspection or complaint of an unregistered massage therapy establishment results in an investigation, the unregistered massage therapy establishment owner shall pay the investigation fee required by 12 AAC 02.396 to the department for each investigation.
Authority: AS 08.01.065 AS 08.61.020
12 AAC 79.990. DEFINITIONS. (a) In AS 08.61 and this chapter,
(1) “”criminal justice information”” has the meaning given in AS 12.62.900;
(2) “”universal and standard precautions”” means the infectious control precautions that are recommended by the United States Department of Health and Human Services, Centers for Disease Control and Prevention, to be used to prevent the transmission of bloodborne germs such as human immunodeficiency virus and hepatitis B virus.
(b) In this chapter, unless the context requires otherwise,
(1) “”board”” means the Board of Massage Therapists;
(2) “”department”” means the Department of Commerce, Community, and Economic Development;
(3) “”licensee”” means a massage therapist licensed under AS 08.61;
(4) “”division”” means the division of corporations, business, and professional licensing in the department.”
Colorado
“12-235-119. Local government – regulations – enforcement. (1) No city, county, city
and county, or other political subdivision of this state shall enact or enforce any local
ordinance that regulates the practice or the profession of massage therapy.
(2) Local government law enforcement agencies may inspect massage therapy licenses
and the business premises where massage therapy is practiced for compliance with applicable
laws. Nothing in this section precludes criminal prosecution for a violation of any criminal
law. If an inspection reveals the practice of massage therapy by a person without a valid
license, the local government law enforcement agency shall charge the person with a
misdemeanor pursuant to sections 12-20-407 (1)(b) and 12-235-115.
(3) A city, county, city and county, or other political subdivision may inspect massage
businesses, except for a sole proprietorship with a person’s residence, upon complaint of
illegal activity and ensure that the people performing massage therapy are licensees. A city,
county, city and county, or other political subdivision shall not charge a fee for the inspection
or license verification.
Delaware
“You are required to obtain an establishment license from the Board of Massage and Bodywork for each location where you are operating a Massage Establishment as defined by 24 Del. C. §5302 and Section 12.0 of the Board’s Rules and Regulations. Submit an application when any of the following occurs:
You own an existing unlicensed massage/bodywork business and this is your first application for establishment licensure.
You are opening a new establishment.
The ownership of an existing establishment is changing (regardless of whether the name is changing).
The name of an existing establishment is changing (regardless of whether the owner is changing).
The location of an existing establishment is changing.
The establishment may need other licenses and permits (such as, a business license from the Division of Revenue or permit from the town/city where the establishment operates).
When NOT to Apply
You are NOT required to submit an application for an establishment if you are practicing in any of the following facilities (24 Del. C. §5302 (4)): long-term care facility as defined in 16 Del. C. §1131(4)
hospital as defined in 16 Del. C. §1001(3) physician’s office physical therapy facility chiropractic office
athletic training facility whether or not they employ, contract with, or rent to massage therapists
institution of higher education when a school employee(s) practices massage therapy on its athletic teams currently licensed cosmetology/barbering establishment another business establishment licensed under Title 24 of Delaware law https://dpr.delaware.gov/boards/massagebodyworks/massage-bodywork-establishments/
12.0 Massage Establishments
12.1 Definitions.
“”Advertise”” or “”advertising”” means the public promotion of a service, by use of printed media, the internet, or any other advertising method or medium, to attract and encourage individuals to engage, purchase, or use the service referenced in the content of the advertisement.
“”Dormitory”” means a location in a massage establishment, other than a residence, where there are signs that individuals are living there or engaged in communal sleeping, including but not limited to, beds, mattresses or cots.
“”Massage establishment”” means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words “”bodywork,”” “”massage,”” “”massage therapy,”” “”massage practitioner,”” “”massagist,”” “”masseur,”” “”masseuse,”” or other terms or modalities included in the definition of “”massage and bodywork”” in Section 2.0 of the Board’s rules and regulations or any images or photographs depicting massage or bodywork. A “”place of business”” includes any office, clinic, facility, salon, spa, or other location where a person or persons engage in the practice of massage and bodywork. The residence of a therapist, or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment, shall not be considered a massage establishment, unless the location is advertised as the therapist’s or establishment’s place of business. The term “”massage establishment”” shall not include any “”facility”” as defined in §1131(4) of Title 16, any “”hospital”” as defined in §1001(3) of Title 16, physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams or any other business establishment licensed pursuant to another chapter of this Title 24 of the Delaware Code.
“Professional-in-charge”” means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees and contractors are licensed, where required by law.
“Sexual activity” means any direct or indirect physical contact by any person or between persons which is
intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred.
TITLE 24 REGULATED PROFESSIONS AND OCCUPATIONS
DELAWARE ADMINISTRATIVE CODE
“”Sexually oriented business”” means a sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has as its primary business the offering of a service or the sale, rent or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
12.2 License required.
12.2.1 All massage establishments shall be licensed pursuant to Chapter 53 of Title 24 of the Delaware Code and Section 12.0.
12.2.2 No massage establishment shall operate until the Board has approved and licensed the establishment.
12.2.3 A massage establishment license shall issue for a single, identified location and is not assignable or transferable.
12.2.4 When a massage establishment closes, is sold, has a change of name or change of ownership, the
establishment shall notify the Board of such change within 10 days, and the license of the establishment
shall be voided and a new license must be obtained.
12.2.4.1 The application for a new license shall be on the same form, containing the same information
required for an original license, and shall be accompanied by the fee as determined by the
Division.
12.2.4.2 The Board may issue a temporary operating permit to continue operation of the establishment for a period of up to 90 days pending the final disposition of the application.
12.2.5 All massage establishments shall have a professional-in-charge, who is a Delaware licensed massage therapist or certified massage technician, and who is responsible for supervision and operation of the establishment.
12.2.6 A massage establishment shall employ or contract for only Delaware licensed massage therapists or certified massage technicians to practice massage and bodywork.
12.2.7 A person licensed by the Board as a massage therapist or certified massage technician shall not work in a massage establishment unless such establishment has been licensed by the Board.
12.2.8 A sexually oriented business may not obtain a massage establishment license from the Board or operate as a massage establishment.
12.3 Application for massage establishment license.
12.3.1 An applicant for a massage establishment license shall file an application, on a Board approved form, with the fee set by the Division.
12.3.2 The application shall include:
12.3.2.1 The name and address of the massage establishment.
12.3.2.2 If a corporation:
12.3.2.2.1 The name and address of any person who directly or indirectly owns or controls the
outstanding shares of stock in the massage establishment;
12.3.2.2.2 The names and addresses of the directors; and
12.3.2.2.3 A copy of the corporate charter and a statement identifying the corporation’s registered agent
for service.
12.3.2.3 The name and address of the sole proprietor or partners.
12.3.2.4 If any other type of organization, the name and address of the owners.
12.3.2.5 The name, address and license number of the professional-in-charge and a notarized
acknowledgment by the person so designated.
12.3.2.6 A current list of all establishment employees and/or contractors, which includes:
12.3.2.6.1 Full name;
12.3.2.6.2 Address; and
12.3.2.6.3 License number and expiration date (if a licensed massage therapist or certified massage
technician).
12.3.2.7 A detailed floor plan of the proposed massage establishment that includes entrances and exits,
length and width of establishment (in feet), total square feet and location of restrooms.
12.3.2.8 An attestation that the proposed location of the massage establishment is in compliance with all
applicable laws and ordinances.
TITLE 24 REGULATED PROFESSIONS AND OCCUPATIONS
DELAWARE ADMINISTRATIVE CODE
12.3.3 The Board shall not consider an application for licensure as a massage establishment until all items specified in subsection 12.3 are submitted to the Board’s office. If an application is complete in terms of required documents, but the applicant has not responded to a Board request for further information, explanation or clarification within 60 days of the Board’s request, the Board shall vote on the application as is.
12.3.4 Where an establishment license application has been denied, the Board shall not consider an
establishment license for the same location until 6 months after denial of the initial application.
12.4 Professional-in-charge.
12.4.1 Each massage establishment shall be under the direction of a professional-in-charge, who shall provide complete and adequate supervision of that establishment.
12.4.2 At all times, the massage establishment’s professional-in-charge shall be a Delaware licensed massage therapist or certified massage technician with a license in good standing.
12.4.3 A licensee may serve as professional-in-charge for only 1 establishment at any given time.
12.4.4 The professional-in-charge is responsible for ensuring that all licensees providing massage services at the massage establishment comply with the Board’s Practice Act, Chapter 53 of Title 24 of the Delaware Code, and regulations.
12.4.5 The professional-in-charge is responsible for ensuring that all of the individuals providing massage services at the massage establishment are currently licensed, make timely application for license renewal, and meet the Board’s continuing education requirements.
12.4.6 The professional-in-charge shall not allow, authorize or tolerate any activity or behavior prohibited by the laws of this State, including such laws proscribing acts of or promotion of prostitution, indecent exposure, lewdness or obscenity or any of the criminal code violations set forth in Section 14.0.
12.4.7 The massage establishment shall notify the Board of any change in the professional-in-charge within 10 business days of such change.
12.5 Hours of operation.
12.5.1 Massage services may be provided at a massage establishment only between the hours of 7:00 a.m. and 9:00 p.m., except that a massage commenced prior to 9:00 p.m. may be completed, and, subject to this qualification, no massage establishment shall be open and no massage services shall be provided between 9:00 p.m. and 7:00 a.m.
12.6 Operation requirements.
12.6.1 Sign. A massage establishment shall post a sign containing the establishment’s name in a conspicuous location at the entrance.
12.6.2 Display of license. The original or copy of the massage establishment license, and the originals or copies of individual licenses of licensees providing massage services, shall be displayed in a conspicuous
location in the establishment. A licensee who is working outside of a massage establishment shall have
his/her license identification card in his/her possession and shall present it upon request of a client or
Division agent.
12.6.3 Presence of licensee. A licensee who is either an employee or contractor of the massage establishment shall be on the premises of the establishment if a client is in a treatment room for the purpose of receiving a massage.
12.6.4 Dormitory prohibited. A massage establishment shall not be used as a dormitory nor shall any licensee permit any massage establishment to be so used.
12.6.5 Records. For each client receiving services, the massage establishment shall keep a client intake form which shall contain at least the following information: client’s name and licensee’s name; dated signatures; and client’s medical history, including medications, health status, allergies and past surgeries. Pursuant to subsection 11.1.15, such forms and any other client records shall be retained on the premises of the massage establishment for a period of at least 3 years from the last date that services were provided.
12.6.6 Attire. All establishment employees and/or contractors, including licensees, shall wear clean, nontransparent outer garments, such as uniforms, scrubs or business casual wear. Such garments shall not expose their genitals, pubic areas, buttocks or breasts.
12.6.7 Doors: All internal and external doors shall be kept unlocked during operating hours except as follows:
12.6.7.1 Restroom doors may be locked.
TITLE 24 REGULATED PROFESSIONS AND OCCUPATIONS
DELAWARE ADMINISTRATIVE CODE
12.6.7.2 External doors may be locked if the massage establishment is a business entity owned by 1
individual and has no more than 1 employee or contractor.
12.6.7.3 Internal doors may be locked to protect confidential patient or business information.
12.6.7.4 Where a massage establishment is located in a residence, the door between the establishment
and the residence may be locked.
12.6.8 Windows: No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints or any other material that obstructs, blurs or unreasonably darkens the view into the premises. https://regulations.delaware.gov/AdminCode/title24/5300.pdf
(4) “Massage establishment” means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words “bodywork,” “massage,” “massage therapy,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or other words identified by the Board in regulation. A “place of business” includes any office, clinic, facility, salon, spa, or other location where a person or persons engage in the practice of massage and bodywork. The residence of a therapist or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment shall not be considered a massage establishment, unless the location is advertised as the therapist’s or establishment’s place of business. The term “massage establishment” shall not include any “facility” as defined in § 1131(4) of Title 16, any “hospital” as defined in § 1001 of Title 16, physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams or any other business establishment licensed pursuant to another chapter of this title. https://delcode.delaware.gov/title24/c053/sc01/index.html”
“480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.—
(1) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.
(2) An establishment owner shall comply with the background screening requirements under s. 456.0135. However, if a corporation submits proof of having more than $250,000 of business assets in this state, the department shall require the establishment owner, the designated establishment manager, and each individual directly involved in the management of the establishment to comply with the background screening requirements under s. 456.0135. The board may adopt rules regarding the type of proof that may be submitted by a corporation.
(3) The board shall adopt rules governing the operation of establishments and their facilities, personnel, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.
(4) Any person, firm, or corporation desiring to operate a massage establishment in the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.
(5) Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.
(6) If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (3), the department shall deny the application for license. Such denial shall be in writing and shall list the reasons for denial. Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.
(7) If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (3), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid.
(8) The department shall deny an application for a new or renewal license if an establishment owner or a designated establishment manager or, for a corporation that has more than $250,000 of business assets in this state, an establishment owner, a designated establishment manager, or any individual directly involved in the management of the establishment has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07 or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:
(a) Section 787.01, relating to kidnapping.
(b) Section 787.02, relating to false imprisonment.
(c) Section 787.025, relating to luring or enticing a child.
(d) Section 787.06, relating to human trafficking.
(e) Section 787.07, relating to human smuggling.
(f) Section 794.011, relating to sexual battery.
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(i) Former s. 796.035, relating to selling or buying of minors into prostitution.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(m) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(n) Section 827.071, relating to sexual performance by a child.
(o) Section 847.0133, relating to the protection of minors.
(p) Section 847.0135, relating to computer pornography.
(q) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(r) Section 847.0145, relating to the selling or buying of minors.
(9)(a) A massage establishment license issued to an individual, a partnership, a corporation, a limited liability company, or another entity may not be transferred from the licensee to another individual, partnership, corporation, limited liability company, or another entity.
(b) A license may be transferred from one location to another only after inspection and approval by the board and receipt of an application and inspection fee set by rule of the board, not to exceed $125.
(c) A license may be transferred from one business name to another after approval by the board and receipt of an application fee set by rule of the board, not to exceed $25.
(10) Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.
(11) The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.
(12) As a condition of licensure, a massage establishment must have a designated establishment manager. The designated establishment manager is responsible for complying with all requirements related to operating the establishment in this section and shall practice at the establishment for which he or she has been designated. Within 10 days after termination of a designated establishment manager, the establishment owner must notify the department of the identity of another designated establishment manager. Failure to have a designated establishment manager practicing at the location of the establishment shall result in summary suspension of the establishment license as described in s. 456.073(8) or s. 120.60(6). An establishment licensed before July 1, 2019, must identify a designated establishment manager by January 1, 2020.
(13) By January 1, 2021, a massage establishment shall implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure.
(14) Except for the requirements of subsection (13), this section does not apply to a physician licensed under chapter 457, chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage therapy on the physician’s patients at the physician’s place of practice. This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0480/0480.html
Florida
480.0475 Massage establishments; prohibited practices.—
(1) A person may not operate a massage establishment between the hours of midnight and 5 a.m. This subsection does not apply to a massage establishment:
(a) Located on the premises of a health care facility as defined in s. 408.07; a health care clinic as defined in s. 400.9905(4); a hotel, motel, or bed and breakfast inn, as those terms are defined in s. 509.242; a timeshare property as defined in s. 721.05; a public airport as defined in s. 330.27; or a pari-mutuel facility as defined in s. 550.002;
(b) In which every massage performed between the hours of midnight and 5 a.m. is performed by a massage therapist acting under the prescription of a physician or physician assistant licensed under chapter 458, an osteopathic physician or physician assistant licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an advanced practice registered nurse licensed under part I of chapter 464, or a dentist licensed under chapter 466; or
(c) Operating during a special event if the county or municipality in which the establishment operates has approved such operation during the special event.
(2) A person operating a massage establishment may not use or permit the establishment to be used as a principal domicile unless the establishment is zoned for residential use under a local ordinance.
(3) A person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0480/0480.html“
Hawaii
Ҥ452-3 Massage therapy establishments to be licensed. No massage therapy establishment shall be operated unless it has been duly licensed as provided for in this chapter. https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0452/HRS_0452-0003.htm
ESTABLISHMENT AND OUT-CALL MASSAGE SERVICE CONDITIONS
§16-84-15 Massage establishment and out-call massage service requirements.
(a) No massage establishment or out-call massage service shall be licensed or allowed to operate unless the massage business thereof is under the direct management of a massage therapist designated as the principal massage therapist and the name of the person has been recorded with the board’s office.
(b) An establishment or out-call massage service shall notify the board within five days after the disassociation of its principal massage therapist. The establishment and out-call massage service shall have ten days from the date of disassociation of the principal massage therapist in which to designate another massage therapist as principal massage therapist. If after fifteen days from the date of the disassociation of its principal massage therapist the establishment or out-call massage service has not designated another principal massage therapist, the license of the establishment or out-call massage service shall be automatically suspended. Suspension shall remain in effect until such time as a massage
therapist is designated principal massage therapist and the person’s name is recorded at the board’s office.
84-5
(c) Every establishment shall display, in a conspicuous place, its license, together with the licenses and permits of all persons employed by the establishment with the current validation of the certificates of the massage therapists and apprentices.
(d) No establishment shall operate without a licensed massage therapist in attendance on the premises of the establishment at all times. During the absence of the principal massage therapist, a massage therapist must be designated to act in that capacity. That designated person, with the principal massage
therapist, shall be responsible for the operation and activities of the establishment during the absence of the principal massage therapist.
(e) An establishment or out-call massage service may be charged either separately or with its principal massage therapist with any violation of the law or rules of the board.
(f) No establishment or out-call massage service shall employ, allow, or permit any unlicensed person to practice massage or assist in the practice of massage on its premises, except if the person has an apprentice permit.
(g) Every massage establishment or out-call massage service shall be responsible for all lascivious conduct, lewdness, or any sexual act on its premises.
(h) The maximum ratio of apprentices to each massage therapist in any establishment shall be ten to one.
(i) Every establishment shall assure proper supervision and training of the apprentice. The establishment shall notify all customers when they are to be massaged by an apprentice. If upon notice the customer does not want a massage by an apprentice, the establishment shall furnish a massage therapist or refund any money paid in advance by the customer for the massage. Apprentices shall not
be sent on hotel or house calls.
(j) All establishments may be inspected at any time during business hours by any member of the department of health or the board or their authorized agents. Appropriate identification shall be presented by the investigators on request.
(k) Rest quarters provided for employees shall not be used for massage purposes and shall be properly identified by a sign over the doorway.
(l) No establishment shall install or permit the use of any locks on the doors of massage rooms. Any device used to secure a door against easy entry or exit shall be considered a lock.
(m) An establishment or an out-call massage service license is nontransferable. Application for a new license must be made within ten days after the death of the owner or upon sale or transfer of the establishment and the out-call massage service.
(n) When relocating an establishment, all requirements shall be fulfilled except for the license fee.
84-6
(o) When relocating an out-call massage service, all requirements shall be fulfilled except for the license fee and sanitation clearance form https://cca.hawaii.gov/pvl/files/2013/08/har_84-c2.pdf“
Louisiana
“(8) “”Massage establishment”” means any place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. A place of business includes any office, clinic, facility, or other location where a person or persons engage in the practice of massage therapy. The residence of a therapist or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment shall not be considered a massage establishment, unless the location is advertised as the therapist’s or establishment’s place of business. The term “”massage establishment”” shall not include physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams. https://www.labmt.org/uploads/2023laws.pdf
§3558. Massage establishments
A. Massage establishments shall be required to be licensed as follows:
(1) Each person engaging in the practice of massage therapy at a massage establishment shall be the holder of a Licensed Massage Therapist Identification Card (LMT-ID Card), which shall identify the therapist as being properly licensed and shall authorize the therapist to provide off-site massage services.
(2) All locations where one or more persons are regularly engaged in the practice of massage therapy shall register with the board as a massage establishment. Additionally, all locations where more than one person is regularly engaged in the practice of massage therapy shall pay the establishment license fee.
(3) Obtaining a massage establishment license shall be the responsibility of the entity which controls the physical location where the services are provided, which entity may be a sole proprietor, lessee, owner, partnership, corporation, cooperative, association, or other legal entity.
B. A massage establishment shall employ or contract only licensed massage therapists to perform massage therapy.
C. For purposes of this Chapter, “”sexually oriented business”” means a sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
D. A sexually oriented business shall be ineligible for registration as a massage establishment and shall not operate as a massage establishment.”
Massachusetts
” 269 CMR 6.00: FACILITY LICENSURE
Section
6.01: Scope and Purpose
6.02: Definitions
6.03: Establishment Licensure Required
6.04: Initial Application for an Establishment License
6.05: Renewal/Reinstatement
6.06: Record Retention
6.07: Establishment Standards
6.08: Inspections
6.09: Grounds for Disciplinary Action
6.01: Scope and Purpose
269 CMR 6.00 establishes the standards for applying for licensure and operating a licensed
Massage Therapy Establishment pursuant to M.G.L. c. 112, § 227 through 235. The purpose of
269 CMR 6.00 is to protect the health, safety, and welfare of the public by promoting minimum
standards for Massage Therapy Establishments throughout the Commonwealth.
6.02: Definitions
Adult Entertainment Venues. Any Establishment, including but not limited to a nightclub, bar,
restaurant, tavern, dance hall, stage or other performance venue, which displays live entertainment, including but not limited to persons or entertainers appearing in a state of nudity or other live performance, distinguished by an emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in M.G.L. c. 272, § 31.
Chair Massage. Massage therapy performed on a clothed, seated (i.e. not in a reclining or prone position) client.
Establishment. Any location, or portion thereof, which advertises and/or provides massage
therapy services which has been licensed by the Board pursuant to M.G.L. c. 112, § 227 through 236.
Operator. A person who, by his or her direction or control, allows massage therapy to be offered
for compensation on premises owned/leased or controlled by that individual or an entity controlled by the individual. For the purposes of 269 CMR 6.03(5) a Massage Therapist practicing alone shall be considered an Operator.
Regular. More than eight hours in a one week period.
6.03: Establishment Licensure Required
(1) Delivery of Massage Therapy. Massage therapy, including the provision of out of office massage therapy services, shall only be delivered or offered at any location or portion thereof covered by a valid Massage Therapy Establishment license issued by the Board or otherwise exempted from licensure under 269 CMR 6.03(8).
(2) License Required. Each Massage Therapy Establishment within the Commonwealth shall be licensed by the Board before providing or offering to provide massage therapy and shall annually renew its license using an application provided by the Board, unless there is a change in ownership or location.
(3) Establishment License Type Classes.
(a) Solo Establishment License. A Solo Establishment License shall entitle a single Massage Therapist to deliver or offer massage therapy services from one designated location.
(b) Multiple Therapists Establishment License. A Multiple Therapists Establishment License shall entitle two or more Massage Therapists to deliver or offer massage therapy services from one designated location.
269 CMR: BOARD OF REGISTRATION OF MASSAGE THERAPY
6.03: continued
(4) Multiple Therapists Establishment License Required. A Multiple Therapists Establishment License shall be required at all locations where two or more Massage Therapists are delivering or offering massage therapy services jointly.
(5) Responsibility for Obtaining an Establishment License. The responsibility for obtaining an Establishment License shall rest with the Operator of the location.
(6) Failure to Obtain an Establishment License. Failure to obtain an Establishment License shall be considered unlicensed practice, unless otherwise exempted.
(7) Number of Licenses Required for Two or More Establishments at the Same Address. Each Massage Therapy Establishment shall require a separate license. The Board will consider the following in determining whether two or more Massage Therapists delivering massage therapy services at the same address constitute one or more Massage Therapy Establishments:
(a) The business structure of each Establishment, including but not limited to, overlap in areas of financing, management, or ownership;
(b) The resources shared by the Establishments, including, but not limited to, office space,
staff, record storage and maintenance facilities; and
(c) The overall impression created by advertising, signage, stationery, and office layouts.
(8) Exemptions.
(a) A Massage Therapy Establishment license is not required for the following:
- Any healthcare facility licensed by the Massachusetts Department of Public Health;
- Board approved continuing education programs and student clinics operated by Board
licensed Massage Schools; - Locations at which Chair Massage is exclusively done; and
- Locations at which massage therapy is offered for not more than 24 hours in a one week period every six months at a public or charitable event with a primary purpose unrelated to massage.
(b) The Board may require any location at which massage therapy is provided to provide
satisfactory evidence why it is eligible for the exemption from Massage Therapy Establishment licensure requirements. The burden of proving eligibility shall rest with the entity claiming the exemption.
(9) Locations at Which the Delivery of Massage Therapy Is Prohibited.
(a) Massage therapy shall not be delivered in adult entertainment venues;
(b) Massage therapy shall not be delivered in bars or nightclubs; and
(c) Regular massage therapy shall not be delivered on the streets or sidewalks.
6.04: Initial Application for an Establishment License
(1) Application for a Massage Therapy Establishment license may be made by a sole proprietorship, partnership, corporation, limited liability company, or limited liability partnership. A Massage Therapy Establishment may be owned by an individual who is not a licensed Massage Therapist.
(2) An application for a Massage Therapy Establishment License shall be:
(a) made on forms prescribed by, and available from the Board;
(b) signed under the pains and penalties of perjury by the applicant or a person authorized to act on behalf of the applicant;
(c) accompanied by information concerning ownership and control that identifies: if owned
by an individual, partnership or trust, the names and ownership.
(d) percentages of such individual, partners or trustees, except that, in the case of a limited partnership, such information shall be provided only for those limited partners owning 5%
or more of the partnership interest and the general partner; - if owned by a for profit corporation, the names of all stockholders who hold 5% or
more of any class of the outstanding stock, specifying the percentage owned; - if owned by a not for profit corporation, the names of the members and directors of
the corporation; and - the name and ownership percentage of each individual who directly or indirectly has
any ownership interest of 5% or more, unless otherwise provided pursuant to 269 CMR
6.03(c)1. through 3.;
(e) accompanied by any information required by the Board as part of the application,
including, but not limited to, such additional information concerning ownership and control
as the Board may require.
(f) accompanied by the required nonrefundable fees;
(g) accompanied by a floor plan that demonstrates compliance with the specifications necessary to meet the minimum standards required to meet the public health, safety and welfare set forth in 269 CMR 6.07(4); and
(h) accompanied by evidence of suitability of ownership required by the Board as set forth in 269 CMR 6.04(4);
(3) The Board shall not approve an application for original or renewal license unless the Board has conducted an investigation of the proposed licensee(s) and/or owners of 5% or more and determined that each proposed licensee/owner is suitable and responsible to establish or maintain an Establishment.
(4) Evidence of Responsibility and Suitability.
(a) In determining whether an applicant is responsible and suitable to be granted an
Establishment license, the Board shall consider all relevant information including, but not
limited to, the following: - the proposed licensee’s history of prior compliance with Massachusetts state and local
laws governing operation of Massage Therapy Establishments and the practice of
massage therapy. Assessment of this factor shall include, but not be limited to, the ability
and willingness of the proposed licensee to take corrective action when notified by the
authority having jurisdiction over any regulatory violations; - the history of criminal conduct of the proposed licensee and owners, officers and directors as evidenced by criminal proceedings against those individuals which resulted in convictions, or guilty pleas, or pleas of nolo contendere, or admission of sufficient facts; and
- the proposed licensee’s history of statutory and regulatory compliance for Massage Therapy Establishments in other jurisdictions or localities, including, but not limited to, proceedings in which the proposed licensee was involved which proposed or led to a limitation upon or a suspension, revocation, or refusal to grant or renew a Massage Therapy Establishment license.
(b) If the Board receives information about an applicant for Establishment licensure that reasonably raises a question about whether that applicant is suitable to hold an Establishment
license or lacks the responsibility to hold an Establishment license, the Board shall conduct
a further inquiry into the relevant facts and circumstances before making a final decision on
the application.
(c) If the Board determines, in its discretion, that such steps are reasonably necessary, the
Board may require the applicant to appear personally before the Board, and/or furnish
additional written information to the extent permitted by applicable state or federal law.
(d) The burden of demonstrating that the applicant possesses the responsibility required for
Establishment licensure or is suitable for such licensure shall rest with the applicant.
(e) Conduct which reasonably raises a question about whether an applicant possesses the
responsibility required for Establishment licensure or is suitable for such licensure includes,
but is not necessarily limited to, any of the following: - Conviction of any criminal offense, other than a routine traffic violation;
- Disciplinary action taken against any professional license, registration or certification
held by the applicant, or denial of licensure, by the applicable governmental authority of
any state, territory or political subdivision of the United States or any foreign jurisdiction;
or - Conduct which is not described in 269 CMR but which nevertheless involves any of
the following: failure to exercise proper regard for the applicant’s own health, welfare
or safety; failure to exercise proper regard for the health, welfare, safety or legal rights
of another person; or fraud, deception or lack of honesty or truthfulness.
(5) Inspection. The Board shall not approve an application for an original Establishment license
or renewal of such license unless the Board has been afforded the opportunity to inspect the
Establishment;
(a) The applicant for an Establishment license must arrange for the inspection by the Board
of the location seeking that license.
(b) In order to pass that inspection, the location must meet the minimum standards
necessary to protect the public health, safety and welfare set forth in 269 CMR 6.07.
(6) The Board may require and consider supplemental Establishment licensure application
information and materials reasonably necessary to prevent insurance fraud, protect the health,
safety, or welfare of the public, or for other valid regulatory purposes, including obtaining
appropriate permits either prior to or as a condition subsequent to receiving an Establishment
License.
(7) The Board shall not issue an Establishment license based on an incomplete submission.
(8) The Board may not issue an Establishment license if the Board’s inspection reveals any
violation of 269 CMR.
(9) The Board will consider the evidence produced and make licensing decisions accordingly.
6.05: Renewal/Reinstatement
(1) A Massage Therapy Establishment shall renew its license annually on or before the
anniversary of the date of issue by submitting:
(a) a Massage Therapy Establishment renewal form as prescribed by the Board;
(b) complete information as required on the form, including changes in information since
the original application or last renewal; and
(c) the nonrefundable renewal fee;
(2) If a Massage Therapy Establishment’s license has expired, the Massage Therapy Establishment may request that the Board reinstate its license. The authorized representatives may be
required to personally appear before the Board to discuss the request for reinstatement. All
requests for reinstatement must be in writing and shall include the following submissions:
(a) an application;
(b) a nonrefundable late fee; and
(c) any other pertinent information as required by the Board.
6.06: Record Retention
(1) Required records shall be maintained in a manner that protects them from foreseeable
damage or destruction.
(a) A Massage Therapy Establishment shall maintain required records on the premises for
each active client.
(b) For a client who is younger than two years old when he or she receives massage therapy,
records shall be maintained at least until the client reaches nine years of age.
(c) For clients who receive massage therapy on or after the client reaches two years of age,
records shall be maintained for a minimum of seven years from the date of the last client
encounter.
(d) Records stored electronically shall have an established system of regular back-up.
Copies of the back-up records shall be maintained safely and securely.
6.07: Establishment Standards
(1) Compliance Officer. Each Multiple Massage Therapist Establishment shall designate a
Licensed Massage Therapist who is responsible for the Massage Therapy Establishment’s
compliance with the laws of the Commonwealth and 269 CMR. Said Licensed Massage
Therapist shall agree to be accessible to the Board and shall be responsible for cooperating with
inspections or investigations conducted by the Board or its agents. Upon the request of the
Board or its agents, the designated Licensed Massage Therapist shall provide immediate access
to, and, if requested, copies of records maintained by the Massage Therapy Establishment. Such
Massage Therapist shall be designated the Massage Therapy Establishment’s compliance officer.
(2) Compliance Plan. Each Multiple Therapists Establishment shall implement and maintain
a business compliance plan, that shall include, but not be limited to, standards, procedures, and
policies that address the Massage Therapy Establishment’s administrative and clinical protocols.
The standards, procedures, and policies in the compliance plan shall include, but not be limited
to, addressing the following issues:
(a) A plan for ascertaining that all individuals providing massage therapy in the Massage
Therapy Establishment have current, valid licenses;
(b) A list of all Massage Therapists who practice at the Establishment;
(c) The methods for training personnel regarding the Massage Therapy Establishment’s
standards, procedures, and policies, including appropriate right-to-know training, standard
precautions to prevent communicable disease, proper documentation, clients’ rights, and
proper billing, on an ongoing basis;
(d) The methods of maintaining and encouraging open lines of communication among the
Massage Therapy Establishment’s personnel;
(e) The methods of maintaining and ensuring that equipment is inspected on an annual basis
and is in safe operating condition;
(f) The mechanisms used to report and respond to violations or complaints in an appropriate
manner;
(g) The implementation and maintenance of a schedule of the Establishment’s compliance
audits; and
(h) In the event of the dissolution of the Massage Therapy Establishment or the departure
of a licensed Massage Therapist from the Establishment, a plan for the dissolution of the
Massage Therapy Establishment or for the departure of a practicing Massage Therapist,
including, but not limited to, a plan for the storage and retrieval of clients’ records.
(3) Personnel.
(a) All Massage Therapists at an Establishment must hold a current Massage Therapist
license from the Board, unless exempted by regulation or statute.
(b) All Massage Therapists conducting massage at an Establishment shall be deemed the
responsibility of the Operator of the Establishment.
All students who perform massage therapy at an Establishment must be supervised by
a licensed Massage Therapist.
(c) Massage Establishment Licenses are not transferable.
(d) The use of aliases by Massage Therapists is prohibited.
(4) Interior Specifications.
(a) The Establishment shall maintain a properly installed smoke detector and fire
extinguisher.
(b) Massage therapy may be conducted only in rooms, which are adequately lighted and
ventilated, and so constructed that they can be kept clean. Floors, walls, ceilings and
windows must be kept free of dust, soil, and other unclean substances.
(c) Massage rooms shall have at least 65 square feet of floor space for all Establishments
licensed after December 12, 2008.
(d) Smoking is prohibited anywhere on the premises.
(e) Every Establishment shall have accessible rest room facilities, including at least one
toilet with toilet tissue provided, a hand sink with soap, disposable towels, single use linens,
or air dryers provided.
(f) Every Establishment shall have hand-washing facilities for therapist use. Said facilities
shall provide an adequate supply of hot water at a temperature that complies with 105 CMR
410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code,
Chapter II).
(g) Hand washing facilities for Establishments shall be accessible and located no more than
50 feet from the treatment area.
(h) Soap, disposable towels, single use linens or air dryers and adequate waste receptacles
shall be provided at all times.
(i) Toilet and hand washing facilities shall meet the requirements of the state plumbing code
and shall be maintained in good repair, well-lighted and adequately ventilated, kept in a clean
and sanitary condition and free of vermin.
(j) Every Establishment shall provide for safe and unobstructed passage in the public and
private areas of the premises.
(k) Facilities shall be provided for the storage and removal of garbage, waste and refuse.
(l) Any flammable or hazardous materials in the Establishment shall be stored in a safe
manner in accordance with local and state regulations and Massachusetts General Laws.
(5) Equipment.
(a) All equipment and supplies used in the performance of massage shall be maintained in
a safe and clean manner. All tables and other cleanable surfaces that come into contact with
clients shall be cleaned by the regular application of a cleanser and sanitized with an EPA
registered sanitizer. “Regular application” as used in 269 CMR 6.07(5)(a) means a thorough
cleansing of the massage table at least one time a day or whenever oils, lotions, or other
substances visibly accumulate on client contact surfaces.
(b) Each client shall receive a separate, clean covering for use on the massage table, such
as sheets or towels.
(c) All re-usable sheets, towels, and other cloth materials used in the conduct of a massage
that come in contact with a client shall be laundered after each use.
(d) Each Establishment shall maintain a sufficient supply of clean linens for the purpose of
draping each client while the client is being massaged. As used in 269 CMR 6.07(5)(d)
drapes means towels, gowns, or sheets.
(e) If any latex-containing products are used, a sign shall be conspicuously posted so stating
and all clients shall be advised that latex-containing products are used.
(6) Sanitary Conditions. The Massage Therapy Establishment shall be equipped with proper
and adequate lighting and ventilation and kept in clean, orderly, and sanitary condition.
(7) Change in Massage Therapy Establishment Ownership. A change in Massage Therapy
Establishment Ownership shall require application for and receipt of a new Massage Therapy
Establishment license. A change in Massage Therapy Establishment ownership shall occur on
the date that there is a transfer of a controlling interest in a Massage Therapy Establishment.
When a change in ownership occurs, the Massage Therapy Establishment license shall expire,
and the new owner must apply for a new license within 30 days.
(8) Change in Location. An Establishment license is valid only for the location stated on the
license and is neither transferable nor assignable.
(a) The Board must be notified in writing at least 30 days prior to a change in location of
a Massage Therapy Establishment.
(b) The license for the previous location will be cancelled and will be invalid as of the date
of relocation.
(c) The massage therapy compliance officer or Establishment owner shall file a new
application for a Massage Therapy Establishment license that is subject to the Board’s
approval.
(d) The Massage Therapy Establishment shall not operate at the new location until the
Board has approved a Massage Therapy Establishment license for the new location.
(9) Required Displays. Current true copies of the following must be conspicuously displayed
for the benefit of the public at each Massage Therapy Establishment. A licensee may redact
his/her residential address from the posted license.
(a) The Massage Therapy Establishment’s license;
(b) The license of each massage therapist licensed by the Board who provides massage
therapy services at the Massage Therapy Establishment; and
(c) The most recent inspection report completed by the Board or its agents.
(10) Variances.
(a) Variance Permitted. The Board may vary the application of any provision of 269 CMR
6.00 with respect to any particular case when, in its opinion, the enforcement thereof would
create a manifest injustice. This may include practitioners who do not deliver massage at a
specific location. Any variance granted by the Board shall be in writing.
(b) Expiration, Modification, Suspension. Any variance or other modification authorized
to be made by 269 CMR 6.07(10) may be subject to such qualification, revocation,
suspension, or expiration as the Board expresses in its grant. A variance or other
modification authorized to be made by 269 CMR 6.00 may otherwise be revoked, modified,
or suspended, in whole or in part, only after the holder thereof has been notified in writing
and has been given an opportunity to be heard.
6.08: Inspections
(1) The Board or its agent may inspect any Massage Therapy Establishment at any time during
regular business hours, and without prior notice, for the purpose of verifying that the Massage
Therapy Establishment, and its agents or employees are in compliance with all applicable
requirements of M.G.L. c. 112, §§ 61 through 65, M.G.L. c. 112, §§ 227 through 236, and
269 CMR 6.00, and all other applicable federal, state and local laws or regulations.
6.09: Grounds for Disciplinary Action
(1) Pursuant to M.G.L. c. 13, § 99(a)(v), the Board may, through the processes set out in
M.G.L. c. 30A, M.G.L. c. 112, §§ 61 through 65, and 801 CMR 1.00: Standard Adjudicatory
Rules of Practice and Procedure, take disciplinary action against any Massage Therapy
Establishment. Grounds for disciplinary action shall include, but shall not be limited to:
(a) Violation of any provision of 269 CMR 6.00. by any person associated with the
Establishment;
(b) Unlicensed practice at the Massage Therapy Establishment or arranged through the
Massage Therapy Establishment. Unlicensed practice includes practice by an individual
who:
- has never held a license to render care within the discipline in which he or she is
acting; - has let his or her license to practice lapse or expire;
- has had his or her license to practice suspended or revoked; or
- has voluntarily surrendered his or her license.
(c) Where a person having more than 5% ownership interest, company officer, principal,
or any employee of, or person associated with, the Massage Therapy Establishment: - violates or permits the violation of any of the grounds for disciplinary action under
269 CMR; - interferes with or obstructs the Board or its agent in the performance of the Board’s
duties; - is sanctioned for violations of state or federal laws regarding insurance fraud; or
- solicits, facilitates, or otherwise permits illicit behavior. https://www.mass.gov/doc/269-cmr-6-facility-licensure/download”
Mississippi
“5 73-67-21. Practice of massage therapy prohibited unless
licensed; requirements for licensure; exemptions; validity of
certificates of registration issued before July 1, 2008;
fingerprint-based criminal history records check required
[Repealed effective July 1, 2025].
(1) It shall be the responsibility of a massage therapy establishment to verify the current
license of any and all persons practicing massage therapy at the location of or on behalf of
the establishment. Failure to comply is subject to penalty assessed by the board of not less
than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00)
per offense.
https://www.msbmt.ms.gov/sites/msbmt/files/73-67%207.1.2021..pdf
Part 2501. Chapter 11. Massage Establishments. Effective July 1, 2021, it shall be the
responsibility of the establishment to register annually to verify massage establishment
information.
11.1 Advertising, Business License and other Requirements
A. It shall be the responsibility of the massage establishment to verify and include current license number(s) in all advertising, no matter the format, for every licensed massage therapist performing massage services at the massage establishment; however, massage establishments with 6 or more licensed massage therapists shall be exempt from this requirement, provided that such therapy or service is performed by person(s) licensed under this chapter.
B. Sanitary lavatories or wash basins provided with an adequate supply of both hot and cold running water shall be available. Lavatories or wash basins shall be provided with soap in a dispenser and paper, individual use towels, or air dryers.
C. Sanitary linens shall be provided for each individual client.
D. Any out call massage shall have a previous recording of the client’s name, address where the therapy is to occur, estimated time of return, and phone number (if available) in a conspicuous record.
E. Every massage establishment shall be equipped with a workable telephone for emergency calls.
F. A copy of the Mississippi State Board of Massage Therapy Code of Ethics and Professional Conduct shall be prominently displayed.
G. Every massage establishment shall have prominently displayed during business hours a current and valid Provisional Permit, Temporary Practice Permit or License issued by the Mississippi State Board of Massage Therapy for every person who provides massage therapy services on the premises or offsite on behalf of the establishment.
H. It shall be the responsibility of a massage therapy establishment to verify the current license of any and all persons practicing massage therapy at the location of or on behalf of the establishment.
I. Every massage establishment designated as the custodian of client records shall retain all required client documentation of massage sessions for a period of two (2) years and ensure that it is legible and readily available for inspection at the request of the Board or their duly appointed representative. This includes, but is not limited to client history/intake forms and client release forms, as well as SOAP notes, appointment schedule book and client evaluations if requested by the Board or their duly appointed
representative.
J. Massage therapists or establishments may not be discriminated against by cities or municipalities in obtaining business licenses and shall be treated as any other health care profession.
K. A summary of the fines applicable to massage establishments are in Rule 2.2.A.
Source: Miss Code Ann. § 73-67-15 (1) (t); (q), as amended; § 73-67-19 (7), as amended; § 73-
67-17 (h), as amended; § 73-67-21, as amended; § 73-67-29, as amended
11.2 Inspections.
66
A. The Board or its agent(s) shall conduct on-site inspections upon notification that
massage therapy services are being rendered. Notification may include but not be limited
to the following sources:
- The general public through any means of advertising in any format; or
- A new or existing licensed massage therapist applies for a license or an LMT
who is renewing their license has identified the establishment as their place of
business; or - Notification by the MSBMT office that LMT’s are due for renewal within 90
days, or - Notification by the MSBMT office that LMT’s did not renew, go inactive or
move to retired status 91 days after expiration, or - Notification by the MSBMT office that the license of an LMT has been
suspended or revoked. - Reapplication (reactivation) received by Board office.
- A location certificate is requested by a LMT in an unlicensed location, not
previously registered.
B. The inspection may be conducted within ninety (90) days of the receipt of
notification.
C. The inspection may be conducted for the following purposes: - To ascertain whether or not all massage therapists working on the premises are
properly licensed and in compliance with all Board regulations and statute. - To ascertain whether or not the establishment is in compliance with MSBMT
including but not limited to equipment and sanitation requirements.
D. Follow-up inspections may be required at the discretion of the Board.
E. Fines and penalties are set forth in Chapter 2.https://www.msbmt.ms.gov/sites/msbmt/files/MSBMT.Rules.Clean.11.24.2021.pdf”
Missouri
SEE FULL DOCUMENT FOR SPECIFICS https://www.sos.mo.gov/cmsimages/adrules/csr/current/20csr/20c2197-5.pdf
Nebraska
“003. MASSAGE THERAPY ESTABLISHMENT LICENSE REQUIREMENTS. To obtain a massage therapy establishment license, the applicant must submit a complete application provided by the Department and provide documentation demonstrating that the applicant meets the licensing requirements of 172 NAC 9 and these regulations.
003.01 PHYSICAL SPACE. The establishment must have:
(A) Adequate space for providing massage therapy services; and
(B) Restroom facilities.
003.02 DOCUMENTATION. Documentation with the following information must be provided:
(A) The name(s) of licensed massage therapist(s) who will be working in the
establishment;
(B) A floor plan of the proposed establishment, including restroom locations;
(C) A completed self-inspection showing compliance with 172 NAC 82-005; and
(D) A statement that the applicant has not operated a massage establishment at the address listed on the application; or if the applicant has operated a massage therapy establishment at that address, a statement of the number of days of operation. https://www.nebraska.gov/rules-and-regs/regsearch/Rules/Health_and_Human_Services_System/Title-172/Chapter-082.pdf
- REQUIRED DOCUMENTS, PHYSICAL STRUCTURE, EQUIPMENT AND SUPPLIES. A
school must have equipment necessary to teach massage therapy and an establishment must
have equipment necessary to provide massage therapy services.
006.01 PHYSICAL STRUCTURE. The physical structure must have a clearly identifiable
location and can be free-standing or part of an existing structure. It must be well ventilated
and kept in a clean, orderly, and sanitary condition at all times.
(A) All rooms must have adequate lighting and ventilation.
(B) A restroom must be available on the premises.
(C) There must be a supply of hot and cold running water.
(D) Doors, stairways, passageways, aisles, or other means of exit must provide safe and
adequate access.
(E) There must be an area that can be screened from public view for clients requesting privacy.
(F) Each room where massage therapy services are provided must have an Environmental Protection Agency (EPA) registered disinfectant that is proven effective against HIV-1, or Hepatitis B, or is a Tuberculocidal, and have liquid soap and water or an instant sanitizer.
(G) If a massage therapy establishment is located within the massage therapy school, the room(s) utilized by the establishment licensee(s) must be clearly identified by the name of the establishment. If these same room(s) are utilized by the establishment for student clinics, the room(s) must be clearly identified as ‘student clinic’ while utilized by the students.
EFFECTIVE NEBRASKA DEPARTMENT OF
06-07-2021 HEALTH AND HUMAN SERVICES 172 NAC 82
006.02 MASSAGE TABLES AND CHAIRS. All tables and chairs must be safe and in a
sanitary condition at all times.
(A) Tables and chairs must be disinfected between clients with an Environmental Protection Agency (EPA) registered disinfectant that is proven effective against HIV1, or Hepatitis B, or is a Tuberculocidal.
(B) Clean linens must be used for each client.
(C) Sheeting or pads that come in direct contact with the client or have been soiled must be removed and cleaned between clients.
006.03 STORAGE. Storage must meet the following requirements:
(A) Flammable and combustible chemicals must be stored away from potential sources of ignition such as an open flame or an electrical device.
(B) Cabinets, drawers, and containers used for storage of tools, equipment, implements, towels, and linens must be clean.
(C) Tools, equipment, instruments, or towels and linens which have been used on a client must not be placed in a container with clean tools, equipment, instruments, or towels and linens.
(D) All clean towels are stored in a clean, enclosed, dust-proof cabinet or container until used. Pillows are not required to be stored in a cabinet or container, but must have a clean covering before contact with a client.
006.04 TOWELS AND LINENS. All towels and linens must be clean and sanitary for each client and meet the following requirements:
(A) Cloth towels and linens must be deposited in a closed receptacle after use.
(B) Used cloth towels and linens must be not used again until properly laundered.
(C) Disposable towels must be discarded in a covered waste receptacle immediately
following each service.
006.05 PRODUCTS. The requirements for products used at a school or establishment are
as follows:
(A) All liquids, creams, and other products must be kept in clean, closed containers.
(B) Original product bottles and containers must have an original manufacturer label, which discloses their contents.
(C) All products used on a client must be dispensed by a spatula, scoop, spoon, squeeze bottle, pump, dropper or similar dispenser so that the remaining product is not contaminated.
(D) If a product is poured into another container, such as a shaker, dispenser pump container, or spray container, the container must be labeled to identify the product.
(E) Products applied to one client cannot be removed and reused on another client.
006.06 METHODS OF DISINFECTION. All electrical and mechanical tools, instruments, and implements must be disinfected before use on a client, using one of the following procedures:
(A) Spray, immerse, soak, or saturate the implement until it is totally saturated with an
Enivronmental Protection Agency (EPA) registered disinfectant that is proven
effective against HIV-1, or Hepatitis B, or is a Tuberculocidal.
(i) Before removing the sanitized implement, wash hands with liquid soap and water or antibacterial solution.
EFFECTIVE NEBRASKA DEPARTMENT OF
06-07-2021 HEALTH AND HUMAN SERVICES 172 NAC 82
(ii) Rinse implement.
(iii) Prior to storing, air-dry on a sanitary surface or dry with a clean sanitized towel.
(iv) Store in a clean enclosed cabinet or covered container reserved for clean implements.
(B) Autoclave implements in accordance with the manufacturer’s instructions. Autoclaves must be cleaned and serviced at the frequency recommended by the manufacturer.
006.07 FOOT BATHS, FOOT SPAS, SHOWERS, AND HOT TUBS. All foot baths, foot spas, showers, and hot tubs must be disinfected with an Environmental Protection Agency (EPA) registered disinfectant that is proven effective against HIV-1, or Hepatitis B, or is a Tuberculocidal and in accordance with manufacturer’s instructions.
006.08 PARAFFIN WAX MACHINES. Each paraffin wax machine must be kept clean, the paraffin wax must be removed for each client, and wax cannot be re-melted and used by another client.
006.09 PROHIBITED ACTIVITIES. The following activities are prohibited:
(A) Smoking or vaping; and
(B) Consuming, serving, or in any manner possessing intoxicating beverages upon the premises during the hours the establishment and school is open to the public.
006.10 DOCUMENTS AND RECORDS. The following must be posted or available in establishments and schools:
006.10(A) POSTED. Copies of the following documents must be posted for public viewing:
(i) The current establishment and school license.
(ii) A sign containing the name of the establishment and school. The sign must be located at the entrance to the establishment and school.
(iii) The current license of each massage therapist who practices massage therapy in the establishment.
(iv) The current license of each massage therapist who teaches massage therapy in the school.
(v) The current license of the regularly licensed physician.
006.10(B) AVAILABLE. At least one copy of the latest edition of the Massage Therapy
Practice Act and one copy of the latest edition of 172 NAC 81 and 82 must be available
- CHANGE IN LICENSE FOR AN EXISTING ESTABLISHMENT AND SCHOOL. Owners may
request a change in ownership, location, or name of an establishment or school.
008.01 CHANGE IN OWNERSHIP OR LOCATION. To change the ownership, location, or
name of the establishment or school, the applicant must apply to the Department for and
obtain another license as specified in 172 NAC 83-003 or 004 at least 15 days prior to the
change. If the establishment is mobile, the owner is not required to obtain another credential
for each location change. If applying for a school, the applicant must also identify:
(A) Any changes to the school’s curriculum plan, staff employed, handbook or school
bulletin, or schedule of proposed hours of operation; and
(B) Any change in the physical design. If a change in the physical design has occurred,
passage of an inspection maybe required prior to issuance of a license.
EFFECTIVE NEBRASKA DEPARTMENT OF
06-07-2021 HEALTH AND HUMAN SERVICES 172 NAC 82
008.02 CHANGE IN NAME. The applicant must submit a request for a change in the
establishment or school name at least 15 days prior to the change and submit the required
fee for a reissued license. - RENEWAL. The applicant must meet the requirements set out in 172 NAC 9 and these
regulations. All massage therapy establishment and school licenses issued by the Department
will expire on November 1 of each odd-numbered year. - REAPPLICATION. Establishments and schools that were previously licensed in Nebraska
and seek the authority to return to operation must meet the requirements set out in 172 NAC 9. - FEES. Fees referred to in these regulations are set out in 172 NAC 2
.
38-1707. Massage therapy establishment, defined. Massage therapy establishment means any duly licensed place in which a massage therapist practices his or her profession of massage therapy. Massage therapy establishment includes a mobile massage therapy establishment.
Source: Laws 2007, LB463, § 614; Laws 2019, LB244, § 3.
Effective Date: May 30, 2019
38-1707.01. Mobile massage therapy establishment, defined. Mobile massage therapy establishment means a self-contained, self-supporting, enclosed mobile unit licensed under the Massage Therapy Practice Act as a mobile site for the performance of the practices of massage therapy by persons licensed under the act. https://dhhs.ne.gov/licensure/Documents/Massage%20Therapy.pdf
Nevada
“NAC 640C.083 Certificate of operation: Requirement for operation of establishment; application; fee; period of validity and renewal. (NRS 640C.320, 640C.330)
1. A person shall not operate a massage establishment, a reflexology establishment or a structural integration establishment unless the person holds a valid certificate to operate a massage establishment, a reflexology establishment or a structural integration establishment, as applicable, which has been issued by the Board.
2. To obtain a certificate, an applicant for a certificate must submit a completed application for the applicable certificate on a form prescribed by the Board and the fee set forth in NAC 640C.095. The Board will issue a certificate to an applicant who complies with the requirements of this chapter and chapter 640C of NRS.
3. A certificate is valid for 1 year after the first day of the first calendar month immediately following the date of issuance or renewal and may be renewed if, before the certificate expires, the holder of the certificate submits to the Board a completed application for renewal on a form prescribed by the Board and the fee set forth in NAC 640C.095.
(Added to NAC by Bd. of Massage Therapy by R108-17, eff. 2-27-2018; A by R040-18, 6-26-2018)
NAC 640C.085 Filing of residential address by licensee with Board; filing of establishment address by certificate holder with Board; change of address; use of recent address by Board. (NRS 640C.320, 640C.330)
1. Each licensee shall file with the Board, using the Internet website of the Board, his or her current residential address.
2. Each holder of a certificate shall file with the Board, using the Internet website of the Board:
(a) The current address of each massage establishment, reflexology establishment or structural integration establishment operated by the holder; and
(b) A change in the name of any massage establishment, reflexology establishment or structural integration establishment operated by the holder.
3. Not later than 10 calendar days after a licensee changes his or her residential address or a holder of a certificate changes the address of the massage establishment, reflexology establishment or structural integration establishment, as applicable, the licensee or holder of the certificate shall notify the Board of the change using the Internet website of the Board.
4. If the Board is required to send or deliver any notice by mail to a licensee or a holder of a certificate, the notice shall be deemed to be sent or delivered if it is mailed to the most recent address on file with the Board by the licensee or holder of the certificate. https://www.leg.state.nv.us/nac/NAC-640C.html
NAC 640C.200 Required facilities; sanitary and safety requirements. (NRS 640C.320, 640C.330)
1. A massage establishment, reflexology establishment or structural integration establishment that provides vapor baths, steam baths, saunas, steam rooms, spas or portable saunas must be equipped with adequate shower facilities.
2. A massage establishment, reflexology establishment or structural integration establishment shall ensure that:
(a) All portable saunas, showers, tubs, basins, massage or steam tables, combs, brushes, shower caps and any other equipment used in the massage establishment, reflexology establishment or structural integration establishment is cleaned and rendered free from harmful organisms;
(b) Any equipment that comes in contact with a client of the massage therapist, reflexologist or structural integration practitioner is disinfected and sanitized before the equipment is used on another client;
(c) All equipment, furniture and fixtures, including, without limitation, tables used for massage, reflexology or structural integration, are clean and well maintained;
(d) All electrical equipment used for the care of a client is clean and well maintained and is listed to applicable standards and requirements by UL LLC, or approved by another nationally recognized testing laboratory; and
(e) All hydrotherapy equipment is cleaned after each use, is well maintained and is only used in the manner prescribed by the manufacturer of the equipment.
3. A massage therapist, reflexologist or structural integration practitioner shall ensure that:
(a) All portable saunas, showers, tubs, basins, massage or steam tables, combs, brushes, shower caps and any other equipment used in the massage establishment, reflexology establishment or structural integration establishment is cleaned and rendered free from harmful organisms;
(b) Any equipment that comes in contact with a client of the massage therapist, reflexologist or structural integration practitioner is disinfected and sanitized before the equipment is used on another client;
(c) All equipment, furniture and fixtures, including, without limitation, tables used for massage, reflexology or structural integration, are clean and well-maintained;
(d) All electrical equipment used for the care of a client is clean and well-maintained and is consistent with applicable standards and requirements of UL LLC, or approved by another nationally recognized testing laboratory; and
(e) All hydrotherapy equipment is cleaned after each use, is well-maintained and is only used in the manner prescribed by the manufacturer of the equipment.
4. As used in this section, “spa” means a pool primarily designed for therapeutic use which is not drained, cleaned or refilled for each user. The term includes units which employ hydrojet circulation, hot water, cold water, mineral water or air induction bubbles or any combination thereof.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.210 Lubricants; spa treatments, muds and body wraps. (NRS 640C.320, 640C.330)
1. A lubricant used in the practice of massage therapy, reflexology or structural integration, including, without limitation, oil, soap, alcohol, powder, lotion, shampoo and salts, must be:
(a) Dispensed from a suitable container that prevents contamination; and
(b) Stored:
(1) Separately from cleaning supplies; and
(2) In a manner that prevents contamination and preserves the integrity of the lubricant.
2. A massage therapist, reflexologist or structural integration practitioner shall sanitize a container used to dispense a lubricant:
(a) Between each client; and
(b) Each time before the massage therapist, reflexologist or structural integration practitioner refills the container.
3. A massage therapist or structural integration practitioner may use spa treatments, muds and body wraps while practicing massage therapy if the massage therapist or structural integration practitioner considers and follows sanitary procedures in his or her use of those materials.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.220 Exterior doors and windows; walls, ceilings and floors. (NRS 640C.320, 640C.330)
1. A massage establishment, reflexology establishment or structural integration establishment shall ensure that each exterior door and window in a massage establishment, reflexology establishment or structural integration establishment must be tight-fitting and must effectively exclude insects, rodents and other vermin.
2. The walls, ceilings and floors in a massage establishment, reflexology establishment or structural integration establishment must be well maintained and kept clean.
3. The floors of a room in a massage establishment, reflexology establishment or structural integration establishment that contains a toilet must be made of an impervious material that is nonporous or nonabsorbent.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.230 Requirements for room in which massage therapy, reflexology or structural integration is practiced. (NRS 640C.320, 640C.330)
1. A room in which massage therapy, reflexology or structural integration is practiced must:
(a) Be designed to provide privacy for the client;
(b) Have the capability of maintaining the air temperature in the room at 75 degrees Fahrenheit at a point 24 inches above the floor;
(c) Have sufficient ventilation and circulation to prevent objectionable odors; and
(d) Have lighting fixtures which are capable of providing a minimum of 5 foot-candles of light at the floor level. Such lighting fixtures must be used when any cleaning operations are conducted in the room.
2. A room in which massage therapy, reflexology or structural integration is practiced must not be used simultaneously for massage therapy, reflexology or structural integration and any domestic purposes.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.240 Towels, linens and gowns; single service items. (NRS 640C.320, 640C.330)
1. After a towel, linen or gown has been used once in a massage establishment, reflexology establishment or structural integration establishment, it must be deposited in a receptacle provided for soiled towels, linens and gowns and must not be used again until properly laundered and sanitized.
2. After being laundered and sanitized, all towels, linens and gowns in a massage establishment, reflexology establishment or structural integration establishment must be stored on shelves or in compartments, cabinets or sealed plastic containers that are used only for that purpose.
3. Any items designed for a single service and all towels, linens and gowns furnished for the use of a client must be clean.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.250 Massage therapists, reflexologists and structural integration practitioners: Clothing and hygiene requirements; provision of uniforms by establishment. (NRS 640C.320, 640C.330)
1. A massage therapist, reflexologist or structural integration practitioner shall:
(a) Wear clean opaque clothing and practice strict standards of personal hygiene while practicing massage therapy, reflexology or structural integration;
(b) Thoroughly wash his or her hands with soap and water or an alcohol liquid:
(1) Before and after providing massage therapy, reflexology or structural integration to each client; and
(2) After using the restroom; and
(c) Sanitize his or her hands in the room or area, as applicable, in which massage therapy, reflexology or structural integration is practiced before and after each client.
2. A massage establishment, reflexology establishment or structural integration establishment which provides its massage therapists, reflexologists or structural integration practitioners with a uniform, must provide a clean opaque uniform.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.260 Water supply and water distribution system piping. (NRS 640C.320, 640C.330)
1. A massage establishment, reflexology establishment or structural integration establishment must have an adequate supply of hot and cold running water that is safe and sanitary.
2. The interior piping in a water distribution system in a massage establishment, reflexology establishment or structural integration establishment must be installed and maintained in compliance with any applicable local building codes or ordinances prescribing standards for plumbing.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.270 Bathing facilities. (NRS 640C.320, 640C.330)
1. If a bathing facility other than a shower is used in a massage establishment, reflexology establishment or structural integration establishment, the bathing facility must:
(a) Have floors that are slip-resistant, easily cleaned and coved to a height of 4 inches;
(b) If an artificial surface made from resilient materials is used for the floor, be vacuumed with a wet vacuum frequently, to keep the floor clean and free from accumulated moisture;
(c) Have interior walls and ceiling finishes which are easily cleaned and are impervious to water; and
(d) If there is more than one bathing facility, be separated by a nonporous, nonabsorbent floor.
2. A massage establishment, reflexology establishment or structural integration establishment shall ensure that:
(a) An effective watertight joint between the wall and the floor is maintained in a bathing facility that is used in a massage establishment, reflexology establishment or structural integration establishment; and
(b) Any rubber or impervious mats that are used in the bathing facility are cleaned, sanitized and dried between uses.
3. If a shower is provided in a massage establishment, reflexology establishment or structural integration establishment, the shower must:
(a) Have compartments which are impervious to water to a height of 6 feet above the floor;
(b) Have a floor that is furnished with a nonslip impervious surface; and
(c) Have tempered glass or acrylic glass doors if the doors are made of glass or a substitute for glass.
4. A massage establishment, reflexology establishment or structural integration establishment shall ensure that all bathing facilities provided for use in the massage establishment, reflexology establishment or structural integration establishment satisfy the requirements of chapters 444 of NRS and NAC.
5. As used in this section:
(a) “Bathing facility” includes, without limitation, a spa, shower, bathtub, sauna and steam bath.
(b) “Spa” means a pool primarily designed for therapeutic use which is not drained, cleaned or refilled for each user. The term includes units which employ hydrojet circulation, hot water, cold water, mineral water or air induction bubbles, or any combination thereof.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.280 Disposal of sewage and liquid waste. (NRS 640C.320, 640C.330) All sewage and liquid waste generated by a massage establishment, reflexology establishment or structural integration establishment must be disposed of in a municipal sewage system where such a system is available. If a municipal sewage system is not available, sewage and liquid waste must be collected, treated and disposed of in compliance with the provisions of chapters 444 of NRS and NAC and any applicable local regulations which govern the subsurface disposal of sewage.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.290 Garbage and refuse. (NRS 640C.320, 640C.330) Garbage and refuse on the premises of a massage establishment, reflexology establishment or structural integration establishment must be:
1. Kept in containers which are easy to clean and well maintained; and
2. Disposed of in a sanitary manner.
(Added to NAC by Bd. of Massage Therapists by R009-07, eff. 6-17-2008; A by Bd. of Massage Therapy by R108-17, 2-27-2018)
NAC 640C.300 Toilets and lavatories. (NRS 640C.320, 640C.330)
1. A sanitary toilet must be provided in each massage establishment, reflexology establishment or structural integration establishment.
2. Lavatories with an adequate supply of hot and cold water under pressure must be conveniently located for use by the employees and clients of a massage establishment, reflexology establishment or structural integration establishment.
3. Any room in a massage establishment, reflexology establishment or structural integration establishment that contains a toilet must:
(a) Have doors that are capable of being fully closed and locked from the inside; and
(b) Be kept clean, in good repair and free from flies, insects and vermin.
4. A supply of soap in a covered dispenser, single-use or disposable towels in a dispenser and a waste receptacle for proper disposal of the towels must be provided in each lavatory.
5. A supply of toilet paper on a dispenser must be available and conveniently located next to each toilet provided in a massage establishment, reflexology establishment or structural integration establishment. https://www.leg.state.nv.us/nac/NAC-640C.html“
New Jersey
“13:37A-6.1 REGISTRATION OF EMPLOYERS
a) Pursuant to N.J.S.A. 45:11-76, an individual or entity that employs another person to engage
in, or an individual or entity that employs another and advertises or holds itself out as
providing, massage and bodywork therapies shall register with the Board.
b) An individual or entity that employs another person to engage in, or an individual or entity
that employs another person and advertises or holds itself out as providing, massage and
bodywork services shall not be required to register with the Board if the individual or entity is:
1) A school approved by the New Jersey Department of Education, The New Jersey
Department of Labor and Workforce Development or the New Jersey Commission on
Higher Education; or
2) A health care institution licensed by the Department of Health and Senior Services.
c) An applicant for registration shall submit to the Board a completed application that includes:
1) The name and residence of the individual or the owner or operator of the entity;
2) The municipality and location of the owner or operator’s primary place of business and the
location of any branches of the business;
3) A certification attesting that the individual or entity will employ only massage and
bodywork therapists licensed by the Board to provide massage and bodywork services;
NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY LAW AND PUBLIC SAFETY
Chapter 37A Page 32 of 34 Last Revision Date: 09/20/2021
4) The criminal history background of the individual or the owner or operator of the entity;
and
5) The registration fee required pursuant to N.J.A.C. 13:37A-7.1.
d) Registration will be valid for two years and shall be renewed by submitting the information
and fees required by (c) above.
e) If any of the information submitted pursuant to (c) above changes, the employer shall notify
the Board within 30 days of the change.
13:37A-6.2 SUSPENSION OR REVOCATION OF REGISTRATION
a) The Board shall either suspend or revoke the registration of an entity that has:
1) Submitted false or misleading information in its application submitted pursuant to N.J.A.C.
13:37A-6.1(c) or (d); or
2) Failed to demonstrate that every employee who is engaged in providing massage and
bodywork therapy services is licensed to practice by the Board.
13:37A-6.3 DUTY TO REPORT
a) A registration holder shall provide notice to the Board in writing, on such forms as the Board
may require and within 10 days, of any changes, additions, or deletions pertaining to the
following information last provided by the registration holder on the biennial renewal form or
initial application:
1) The name and address of the business locations;
2) The owner/responsible party of the registration holder; and
3) Pending or final actions by criminal authorities for violations of law, rule, or regulation, or
any arrest or conviction for any criminal or quasi-criminal offense pursuant to the laws of
the United States, this State, or any other state, including, but not limited to, being
indicted or convicted of a crime involving moral turpitude or a crime adversely relating to
his or her practice.
NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY LAW AND PUBLIC SAFETY
Chapter 37A Page 33 of 34 Last Revision Date: 09/20/2021
b) For each item listed in (a) above, the registration holder shall provide an explanation
therefor.
c) Failure by a registration holder to provide the Board with notice of any information required
pursuant to this section within the required time period of the change or the event
necessitating the filing of the notice may be deemed professional misconduct within the
meaning of N.J.S.A. 45:1–21(e).
SU https://www.njconsumeraffairs.gov/regulations/Chapter-37A-New-Jersey-Board-of-Massage-and-Bodywork-Therapy.pdf”
North Carolina
“(3a) Massage and bodywork therapy establishment. Any duly licensed site or premises in
which massage and bodywork therapy is practiced. This term does not include any of the
following:
a. On-site massage performed at the location of the customer.
b. Stand-alone devices, such as chairs, that are operated by the customer.
Page 3 North Carolina Massage and Bodywork Therapy Practice Act
c. Establishments located within the confines of a hospital, nursing home, or other
similar establishment or facility licensed or otherwise regulated by the
Department of Health and Human Services.
d. Massage and bodywork therapy provided by a sole practitioner.
e. A student clinic operated by a Board-approved school or a massage and
bodywork therapy program offered by community colleges in North Carolina that
are accredited by the Southern Association of Colleges and Schools or massage
and bodywork therapy programs offered by a degree or diploma granting college
or university accredited by any accrediting agency that is recognized by the
United States Department of Education and licensed by the North Carolina
Community College System or The University of North Carolina Board of
Governors or exempt from such licensure pursuant to G.S. 116-15(c).
f. Chiropractic physician offices that provide massage and bodywork therapy only
by massage and bodywork therapists currently licensed in North Carolina. https://www.bmbt.org/downloads/Practice%20Act%20With%20Revisions%207-21.pdf
§ 90-632.10. Massage and bodywork therapy establishment license required.
The Board shall license massage and bodywork therapy establishments in this State for the purpose
of protecting the health, safety, and welfare of the public. Unless otherwise exempt from the Board
licensure process, no individual, association, partnership, corporation, or other entity shall open, operate,
or advertise a massage and bodywork therapy establishment in this State unless it has first been licensed
by the Board. The Board shall maintain a list of licensed massage and bodywork therapy establishments
operating pursuant to this Article.
§ 90-632.11. Requirements for massage and bodywork therapy establishment licensure.
(a) Any person who wishes to operate a massage and bodywork therapy establishment shall obtain
a license from the Board by submitting a massage and bodywork therapy establishment licensure
application accompanied by all of the following:
(1) The applicable fee set forth in G.S. 90-632.14.
(2) Proof of property damage and bodily injury liability insurance coverage in the name of the
owner or, if the establishment is operated under a business name, in the name of both
the owner and the business.
(3) Prior licensure and disciplinary history, including verification from all North Carolina
licensing boards from which the owner holds or has held any health related professional
license.
(4) Fingerprint cards submitted in accordance with G.S. 90-629.1 at the time the license
application is filed and consented to a criminal history record check by the Department of
Public Safety.
Page 15 North Carolina Massage and Bodywork Therapy Practice Act
(5) Ownership information, including at least all of the following:
a. Type of ownership.
b. Name of owner.
c. Name of authorized representative.
d. Address of establishment.
e. Social Security number or federal tax identification number.
f. E-mail address.
g. Current phone number.
h. Hours of operation.
(6) Proof of good moral character as determined by the Board.
(7) Signature of all owners or authorized corporate representatives or both.
(8) A successfully completed self-evaluation inspection report demonstrating compliance
with this section and any rules adopted pursuant to G.S. 90-632.13.
(9) Proof that establishment employs, hires, or plans to employ or hire one or more massage
and bodywork therapy therapists who hold a current license from the Board.
(b) The application for licensure shall be submitted in the name of the owner or owners of the
establishment. If the owner is a corporation, the application shall be submitted in the name of the
corporation and shall be signed by a corporate representative.
§ 90-632.12. Operation of a massage and bodywork therapy establishment under a name different
than the owner; advertisement.
(a) An owner may operate a licensed massage and bodywork therapy establishment under a name
other than the name of the owner, provided such name is submitted to the Board on the application for
licensure.
(b) Any advertisement by the massage and bodywork therapy establishment shall include the
establishment’s business name and shall comply with 21 NCAC 30 .0404.
§ 90-632.13. Rules for massage and bodywork therapy establishment license.
The Board shall establish rules for the licensure of massage and bodywork therapy establishments.
These rules shall include at least all of the following:
(1) Requirements for adequate, safe, and sanitary facilities.
(2) Requirements for compliance with local building code requirements, State fire safety
codes, and State health inspection codes necessary to ensure the safe and effective
practice of massage and bodywork therapy.
(3) Requirements for retention of client and ownership records.
Page 16 North Carolina Massage and Bodywork Therapy Practice Act
(4) A description of the process used by the Board to approve massage and bodywork
therapy establishment licenses.
(5) Requirements for initial and periodic inspections of massage and bodywork therapy
establishments.
(6) Requirements for transfer of a massage and bodywork therapy establishment license
§ 90-632.14. Fees for massage and bodywork therapy establishment license.
(a) The Board may impose the following fees up to the amounts listed below for massage and
bodywork therapy establishment licensure:
(1) Application for license………………………………………………………………….….$20.00
(2) Initial license fee……………………………………………………………………….…$150.00
(3) License renewal…………………………………………………………………………..$100.00
(4) Late renewal penalty………………………………………………………………………$75.00
(5) Duplicate license………………………………………………………………………..…$25.00
(6) Inspection of establishment……………………………………………………………..$150.00
(b) All fees listed in subsection (a) of this section shall be paid in the form of a cashier’s check,
certified check, or money order made payable to the North Carolina Board of Massage and Bodywork
Therapy and shall be nonrefundable.
https://www.bmbt.org/downloads/Practice%20Act%20With%20Revisions%207-21.pdf
.1001 ESTABLISHMENT LICENSE REQUIRED
(a) For purposes of the rules in this Chapter, “”establishment”” means “”massage and bodywork therapy
establishment”” as defined in G.S. 90-622.
(b) An establishment license granted by the Board shall be for a single location. An owner who intends to
operate additional locations shall submit an application for licensure for each location.
Page 48 Rules and Regulations • Board of Massage & Bodywork Therapy
(c) Establishments already in operation on the date this Section becomes effective shall have 180 days
from the effective date to submit an application for licensure to the Board.
.1002 TERM OF LICENSE
(a) Initial establishment license applications submitted between October 1 and December 31 shall be
granted for two years, plus an additional period of up to three months. Initial establishment license
applications submitted between January 1 and September 30 shall be granted for two years, minus the
period following January 1.
(b) Pursuant to G.S. 90-630.5, an establishment license shall be renewed for a term of two years,
beginning on January 1 following the initial expiration date.
.1003 INITIAL APPLICATION FOR LICENSURE
A massage and bodywork therapy establishment seeking initial licensure shall submit an application on a
form provided by the Board containing the information set forth in G.S. 90-632.11 and the following:
(1) Ownership information, including:
(a) type of ownership structure;
(b) names, residence addresses, phone numbers, and email addresses of all
persons who have an ownership interest in the establishment, including parent
corporations; and
(c) if the operator is not the owner, the operator shall provide the information
required in Rule .1004.
(2) Location information, including:
(a) Physical address of the establishment, and mailing address if different;
(b) Website address, if any; and
(c) Business phone number.
(3) Trade name of establishment, if different from owner’s name;
(4) List of all LMBTs hired as employees or contracted with as independent contractors to
provide treatment to clients, if known, or, if not known, submit to the Board within 60 days
following granting of a license to operate;
(5) Copy of lease or name, address, phone number and email address of lessor, if
establishment does not own its facility;
(6) Copy of city or county business license, if required; and
(7) Completed self-evaluation inspection report demonstrating compliance with Rule .1004.
.1004 ESTABLISHMENT OPERATIONS
Licensed establishments shall comply with the following requirements:
(1) Facility requirements:
Page 49 Rules and Regulations • Board of Massage & Bodywork Therapy
(a) comply with State and local building code requirements, State fire safety codes,
and State health inspection codes;
(b) provide for the use of clients and therapists a restroom with at least one toilet and
one sink with running water. The facilities shall be equipped with toilet tissue, a
soap dispenser with soap or other hand cleaning materials, sanitary towels or
other hand drying device such as a wall-mounted electric blow dryer, and waste
receptacle. Restroom and shower facilities shall be lighted, ventilated, and
maintained. Establishments located in buildings housing multiple businesses
under one roof, such as shopping malls, terminals, or hotels, may substitute
centralized toilet facilities;
(c) if equipped with a whirlpool bath, sauna, steam cabinet, or steam room, maintain
shower facilities on the premises; and
(d) display the original Massage and Bodywork Therapy Establishment License, and
the licenses of all LMBTs in a place at the establishment so as to be visible for
inspection by the public.
(2) Safety and sanitary requirements:
(a) provide for human passage in the public areas of the premises;
(b) provide for removal of garbage;
(c) provide for storage or removal of flammable materials;
(d) exterminate all vermin, insects, termites, and rodents on the premises;
(e) maintain all equipment used to perform massage and bodywork therapy services
on the premises. Clean sheets, towels, or other coverings shall be used to cover
the massage table for each client; and
(f) maintain a supply of clean drapes, towels, gowns, or sheets, for the purpose of
draping each client while the client is being massaged, and launder before reuse
all linens furnished for the personal use of the client.
(3) Treatment requirements:
(a) All massage and bodywork therapy treatments shall be administered by LMBTs
licensed in North Carolina; and
(b) The establishment is responsible for ensuring that the Standards of Professional
Conduct set forth in Section .0500 of this Chapter are maintained in its facility by
all owners, employees, and independent contractors.
(4) Business and advertising requirements:
(a) notify the Board in writing of all assumed name certificates filed by the
establishment owner with any county register of deeds pursuant to the
requirements of G.S. 66-71.1 through 66-71.15;
Page 50 Rules and Regulations • Board of Massage & Bodywork Therapy
(b) notify the Board within 30 days of changes to the LMBT staff who provide
massage and bodywork therapy services at the establishment, including
employees and independent contractors; and
(c) advertisement of massage and bodywork therapy services shall include the
establishment’s name and license number.
.1005 CLIENT RECORDS RETENTION AND OWNERSHIP
(a) Records shall be maintained by the establishment or the LMBT in compliance with Rules .0504 and
.0505 of this Chapter.
(b) Records stored electronically shall be maintained with a weekly back-up system.
(c) Client records are the property of the:
(1) Establishment; or
(2) LMBT, when working at an establishment.
(d) Release of Records:
(1) Client records shall be released within 30 days from being requested and authorized by
the client in writing or when compelled by law or rule; and
(2) The establishment or LMBT may charge cost for duplicating client records pursuant to
G.S. 90-411.
.1006 INSPECTIONS
(a) Upon receipt of an application for a massage and bodywork therapy establishment license, employees
or representatives of the Board may inspect the location upon allegations of violations of the Practice Act
and Rules to verify Rules .1003 and .1004 of this Chapter are satisfied.
(b) The Board may inspect all licensed establishments upon allegations of violations of the Practice Act
and Rules to ensure compliance with the Practice Act. Inspectors shall respect the client’s safety, comfort,
and privacy.
(c) During any inspection, if the posted establishment license is expired, suspended, or revoked, the
establishment license shall be removed from the establishment by the inspector and returned to the
Board, and the owner whose license was expired, suspended, or revoked shall be notified by the Board.
During any inspection, if any license for a massage and bodywork therapist posted in the establishment is
expired, suspended, or revoked, the massage and bodywork therapist license shall be removed from the
establishment and shall be returned to the Board by the inspector. The person whose license was
expired, suspended, or revoked shall be notified and a hearing scheduled if requested by that person.
.1007 CHANGE OF TRADE NAME
When there is no change of owner or location, the owner may change the trade name of the
establishment in compliance with Rules .0402 and .0403 of this Chapter. The owner shall notify the Board
Page 51 Rules and Regulations • Board of Massage & Bodywork Therapy
in writing of the change of name. A new trade name shall not be used until the establishment is in
compliance with this Rule. When an establishment trade name is changed without a change in owner or
location, a new establishment facility inspection shall not be required.
.1008 CHANGE OF LOCATION
An establishment license shall not be transferable when there is a change in the physical location of the
establishment. The owner shall submit a new application for licensure. The Board may issue temporary
operating approval to the owner for the new location for a period of 90 days if the establishment held a
valid license prior to the change, and the Board finds that the new location will qualify for licensure upon
preliminary review of the application.
.1009 TRANSFER OF OWNERSHIP
(a) When there is a transfer in the majority ownership interest of the business, the new majority owner
shall submit a new application for licensure. The Board may issue temporary operating approval to the
new majority owner for a period of 90 days, if the establishment held a valid license prior to the change
and the Board finds that the new majority owner will qualify for licensure upon preliminary review of the
application.
(b) When there is a transfer of ownership that does not involve a change in the majority ownership
interest in the business, or a change in the ownership structure, the owner shall notify the Board of the
changes within 30 days, and submit fingerprint cards as required by G.S. 90-632.11 for new persons with
ownership interests.
.1010 INFORMING BOARD OF VIOLATIONS
(a) Establishment licensees with knowledge of alleged violations of the rules of this Chapter or the
Practice Act shall inform the Board within five business days, whether or not the alleged violations are
also reported to a law enforcement agency. This shall include, but is not limited to, the following
violations:
(1) An LMBT or other employee or contractor of the establishment who has violated the
prohibition on sexual activity, as defined in Rules .0508 and .0509 of this Chapter;
(2) An LMBT who has engaged in behavior where there is a potential for malpractice as
defined in Rule .0102(6) of this Chapter; or
(3) Any person practicing massage and bodywork therapy without a license.
(b) Establishment licensees that have discharged an LMBT for cause, related to failure to uphold the
Standards of Professional Conduct set forth in Section .0500 of this Chapter shall inform the Board within
10 business days of the action.
.1011 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS
Page 52 Rules and Regulations • Board of Massage & Bodywork Therapy
(a) Establishment licensees shall report to the Board any charges, convictions of, or pleas of guilty or no
contest to the following criminal offenses, whether committed by themselves, employees, independent
contractors, or by other licensees:
(1) felonies;
(2) crimes that involve moral turpitude;
(3) alcohol or drug-related offenses;
(4) sexual-related offenses; and
(5) assault.
(b) Establishment licensees shall report to the Board if they are named as a defendant in a civil suit
arising out of a licensee’s practice of massage and bodywork therapy or out of the practice of massage
and bodywork therapy by any employee or independent contractor.
(c) Establishment licensees shall report a charge, conviction, plea in a criminal case, or involvement as a
defendant in a civil suit, as set forth in Paragraphs (a) or (b) of this Rule, within 30 days after the licensee
obtains knowledge.
.1012 LICENSE RENEWAL
(a) Any establishment licensee renewing a license shall comply with all requirements for licensure and
shall submit the required renewal fee pursuant to G.S. 90-632.14(a)(3).
(b) An establishment license that has not been renewed prior to its expiration date is expired and shall
submit an initial application for licensure pursuant to Rule .1003 of this Chapter.
(c) Any owner whose establishment license has expired and who engages in or permits any massage
and bodywork therapy activities governed by the Practice Act shall be subject to the penalties prescribed
in G.S. 90-634 and G.S. 90-634.1.
(d) Members of the armed forces whose establishment licenses are in good standing and to whom G.S.
105-249.2 grants an extension of time to file a tax return shall be granted that same extension of time to
pay the establishment license renewal fee. A copy of military orders and the extension approval by the
Internal Revenue Service shall be furnished to the Board to be granted the extension of time to pay the
renewal fee.
.1013 ADDRESS OF RECORD
Each licensed establishment shall notify the Board in writing within 30 days of any change of the street
address of the licensee’s current place of practice and the owner’s residence or business address. The
establishment shall provide to the Board the mailing address and telephone number of the owner for the
purposes of receiving communication from the Board and for listing in the registry of licensed
establishments.
Page 53 Rules and Regulations • Board of Massage & Bodywork Therapy
.1014 FEES
Fees for massage and bodywork therapy establishments shall be as follows:
(1) Application for License $ 20.00
(2) Initial license fee 150.00
(3) License renewal 100.00
(4) Late renewal penalty 75.00
(5) Duplicate license 25.00
(6) Inspection of establishment 150.00 https://www.bmbt.org/downloads/Rules/Rules%20and%20Regulations.pdf”
North Dakota
“CHAPTER 49-03-01
REQUIREMENTS FOR MASSAGE ESTABLISHMENTS
Section
49-03-01-01 Sanitation, Location, and Conditions
49-03-01-01. Sanitation, location, and conditions.
- The portion of a massage establishment in which a massage is provided, and any waiting
room and hallway leading to that area, must be in a safe, clean, and sanitary condition at all
times. This subsection does not apply when the massage is provided in a client’s own home,
or when the massage is provided as a public demonstration in a location other than the
massage therapist’s usual establishment. - If the massage establishment is also the residence of the massage therapist providing the
massage, the room must be set up as a professional setting and maintained in a safe, clean,
and sanitary condition when it is being used for massage purposes. - Any mirrors and windows in the massage establishment will be positioned or covered in a
manner to maintain the privacy of the person receiving the massage at all times during the
massage and while the client is dressing and undressing. - A therapist must provide draping and treatment in a way that ensures the personal safety,
comfort, and privacy of the client. - The therapist is responsible for maintaining all equipment and supplies in good working order
and in accordance with any manufacturer’s instruction. - It is unlawful for a massage therapist to provide alcohol to a client in the portion of a massage
establishment in which a massage is provided. - The establishment must have an adequate supply of hot and cold running water to conduct
business in a sanitary manner. A restroom must also be available on the premises. - Licensees shall ensure that client records are stored so they are not readily accessible to the
public. - No smoking may occur in the portion of the massage establishment in which a massage is
provided. - All tools, instruments, implements, and equipment must be clean and disinfected before use
on a client. - All linens, coverings, sheets, towels, and pillow casings must be properly cleaned before
coming into contact with a client. - All liquids, creams, and other products must be kept in clean, closed containers. Original
product bottles and containers must have an original manufacturer label disclosing contents.
All products used on a client must be dispensed by a spatula, scoop, spoon, squeeze bottle,
pump, dropper, or similar dispenser, so the remaining product is not contaminated. Unused
products applied to one client must be disposed of and not used on another client.
1 - Cabinets, drawers, and containers used for storage of tools, equipment, instruments, and
towels/linens must be clean https://ndlegis.gov/information/acdata/pdf/49-03-01.pdf”
“(A) A board of township trustees, by resolution, may regulate and require the registration of massage establishments and their employees within the unincorporated territory of the township. In accordance with sections 503.40 to 503.49 of the Revised Code, for that purpose, the board, by a majority vote of all members, may adopt, amend, administer, and enforce regulations within the unincorporated territory of the township.
(B) A board may adopt regulations and amendments under this section only after public hearing at not fewer than two regular sessions of the board. The board shall cause to be published in a newspaper of general circulation in the township, or as provided in section 7.16 of the Revised Code, notice of the public hearings, including the time, date, and place, once a week for two weeks immediately preceding the hearings. The board shall make available proposed regulations or amendments to the public at the office of the board.
(C) Regulations or amendments adopted by the board are effective thirty days after the date of adoption unless, within thirty days after the adoption of the regulations or amendments, the township fiscal officer receives a petition, signed by a number of qualified electors residing in the unincorporated area of the township equal to not less than ten per cent of the total vote cast for all candidates for governor in the area at the most recent general election at which a governor was elected, requesting the board to submit the regulations or amendments to the electors of the area for approval or rejection at the next primary or general election occurring at least ninety days after the board receives the petition.
No regulation or amendment for which the referendum vote has been requested is effective unless a majority of the votes cast on the issue is in favor of the regulation or amendment. Upon certification by the board of elections that a majority of the votes cast on the issue was in favor of the regulation or amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts or amends to the public at the office of the board and shall cause to be published once a notice of the availability of the regulations in a newspaper of general circulation in the township within ten days after their adoption or amendment.
(E) Nothing in sections 503.40 to 503.49 of the Revised Code shall be construed to allow a board of township trustees to regulate the practice of any limited branch of medicine specified in section 4731.15 of the Revised Code or the practice of providing therapeutic massage by a licensed physician, a licensed chiropractor, a licensed podiatrist, a licensed nurse, or any other licensed health professional. As used in this division, “”licensed”” means licensed, certified, or registered to practice in this state. https://codes.ohio.gov/ohio-revised-code/section-503.41
If a board of township trustees has adopted a resolution under section 503.41 of the Revised Code:
(A) No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the unincorporated areas of the township, the operation of a massage establishment without first having obtained a permit from the board of township trustees as provided in section 503.43 of the Revised Code.
(B) No individual shall act as a masseur or masseuse for a massage establishment located in the unincorporated areas of the township without first having obtained a license from the board of township trustees as provided in section 503.45 of the Revised Code.
(C) No owner or operator of a massage establishment located in the unincorporated areas of the township shall knowingly do any of the following:
(1) Employ an unlicensed masseur or masseuse;
(2) Refuse to allow appropriate state or local authorities, including police officers, access to the massage establishment for any health or safety inspection conducted pursuant to a regulation adopted by the township under section 503.41 of the Revised Code;
(3) Operate during the hours designated as prohibited hours of operation by the board of township trustees;
(4) Employ any person under the age of eighteen.
(D) No person employed in a massage establishment located in the unincorporated area of the township shall knowingly do any of the following in the performance of duties at the massage establishment:
(1) Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the sexual or genital area of any other person;
(2) Perform, offer, or agree to perform any act which would require the touching of the sexual or genital area of any other person;
(3) Touch, offer, or agree to touch the sexual or genital area of any other person with any mechanical or electrical apparatus or appliance;
(4) Wear unclean clothing, no clothing, transparent clothing, or clothing that otherwise reveals the sexual or genital areas of the masseur or masseuse;
(5) Uncover or allow the sexual or genital area of any other person to be uncovered while providing massages.
(E) No licensed masseur or masseuse shall accept or continue employment at a massage establishment that does not have a current, valid permit issued by the board of township trustees. https://codes.ohio.gov/ohio-revised-code/section-503.42
If a board of township trustees has adopted a resolution under section 503.41 of the Revised Code, the application for a permit to operate a massage establishment shall be made to the board and shall include the following:
(A) An initial, nonrefundable filing fee of two hundred fifty dollars and an annual nonrefundable renewal fee of one hundred twenty-five dollars;
(B) A health and safety report of an inspection of the premises performed within thirty days of the application to determine compliance with applicable health and safety codes, which inspection appropriate state or local authorities acting pursuant to an agreement with the board shall perform;
(C) The full name and address of any person applying for a permit, including any partner or limited partner of a partnership applicant, any officer or director of a corporate applicant, and any stock holder holding more than two per cent of the stock of a corporate applicant, the date of birth and social security number of each individual, and the federal identification number of any partnership or corporation;
(D) Authorization for an investigation into the criminal record of any person applying for a permit;
(E) Any other information determined by the board to be necessary.
A permit issued under this section to a massage establishment shall expire one year after the date of issuance, except that no massage establishment shall be required to discontinue business because of the failure of the board to act on a renewal application filed in a timely manner and pending before the board on the expiration date of the establishment’s permit. Each permit shall contain the name of the applicant, the address of the massage establishment, and the expiration date of the permit. https://codes.ohio.gov/ohio-revised-code/section-503.43″
Oregon
“687.021 Practice of massage without license prohibited; operation of massage facility without permit prohibited; injunction against violation. (1) A person may not:
(a) Engage in or purport to engage in the practice of massage without a massage therapist license issued by the State Board of Massage Therapists under ORS 687.051.
(b) Operate a massage facility or purport to operate a massage facility without a permit issued by the board under ORS 687.059, unless the person is an individual massage therapist who is working out of the individual’s home.
(c) Advertise that the person engages in the practice of massage unless the person is licensed under ORS 687.051 or holds a permit under ORS 687.059.
(d) Use the word “massage” in a business name unless the person is licensed under ORS 687.051 or holds a permit under ORS 687.059.
(2) The board may exempt by rule a type of massage facility from the prohibition in subsection (1)(b) of this section if the board finds that requiring a permit for that type of facility is not necessary to regulate the practice of massage therapy or to protect the health and safety of the public.
(3) The Attorney General, the prosecuting attorney of any county or the board may maintain an action for an injunction against a person violating this section. An injunction may be issued without proof of actual damages sustained by a person. An injunction does not relieve a person from criminal prosecution for violating this section or from any other civil, criminal or disciplinary remedy
687.059 Massage facilities; fees; rules. (1) To be issued a permit to operate a massage facility in this state, an applicant must:
(a) Submit an application to the State Board of Massage Therapists in a form and manner prescribed by the board by rule;
(b) Comply with the health, safety and infection control requirements adopted by the board under ORS 687.121;
(c) Pay the fee required under ORS 687.071 (1)(b);
(d) If the applicant is a natural person, be at least 18 years of age; and
(e) If the applicant is not a natural person, comport with the laws of this state related to business formation, including making an appropriate filing with the Secretary of State.
(2) A massage facility for which a person has been issued a permit under this section may provide massage therapy only through the use of massage therapists licensed under ORS 687.051.
(3) The board may authorize relocating a massage facility if:
(a) The permittee submits an application in a form and manner prescribed by the board by rule;
(b) The permittee pays the fee required under ORS 687.071 (1)(h); and
(c) The permittee complies with any other applicable rule of the board.
(4) The board may authorize transferring a permit to operate a massage facility from one person to another person if the person to whom the permit will be transferred:
(a) Submits an application in a form and manner prescribed by the board by rule;
(b) Pays the fee required under ORS 687.071 (1)(i);
(c) Makes all necessary changes to documents on file with the Secretary of State; and
(d) Complies with any other applicable rule of the board.
(5) The board may authorize transferring the name of a massage facility to another massage facility if the permittee who operates the massage facility to which the name will be transferred:
(a) Submits an application in a form and manner prescribed by the board by rule;
(b) Pays the fee required under ORS 687.071 (1)(j);
(c) Makes all necessary changes to documents on file with the Secretary of State; and
(d) Complies with any other applicable rule of the board. [2013 c.409 §4] https://www.oregonlegislature.gov/bills_laws/ors/ors687.html
334-010-0006
Facility Permits
(1) Facility Permit Applications may be denied for reasons listed in ORS 687.081. Facility Permit Applications may also be denied due to prior discipline by the Board of the Facility, or its affiliated owner(s), registered agent, or member(s)/partner(s). The Board should consider the circumstances of the violations, the duration of the conduct, the egregiousness of the violations, if the facility, its owner, registered agent, or member(s)/partner(s) are currently in compliance with Oregon laws and rules, and previous orders of the Board, and whether the conduct demonstrably related to the Facility Permit Applicant’s holding a facility permit.
(2) A Facility Permit is valid only for the location and business name printed on the Facility Permit. An issued Facility Permit cannot be used at a different location, at multiple locations, or for a facility at the same location under a different name.
(3) Facility Permits issued by the Board are transferable to a new owner(s), or to a new business name or assumed business name, only as approved by the Board.
(4) A permitted Facility may provide massage therapy services only through the use of LMTs licensed under ORS 687.051.
(5) A permitted Facility is responsible for the conduct and behavior of its employees and contracted agents in their performance of services on behalf of or in association with the Facility. https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=252629″
South Carolina
“SECTION 40-30-113. Application for licensure as a massage therapy or sole practitioner establishment.
Section effective May 13, 2023.
(A) To apply for licensure as a massage therapy establishment or a sole practitioner establishment, an applicant must submit:
(1) a completed application on a form prescribed by the board, accompanied by all applicable fees for each massage therapy establishment or sole practitioner establishment location;
(2) the name, address, and telephone number of each owner of the massage therapy establishment or sole practitioner establishment; and
(3) the physical address, mailing address, and telephone number of the premises of the massage therapy establishment or sole practitioner establishment.
(B) A massage therapy establishment or sole practitioner establishment must be organized or registered under applicable South Carolina law as an entity, as defined in this chapter.
(C) Upon the board’s receipt and approval of the information required by this section, the department shall conduct a pre-licensing inspection of the proposed establishment to determine whether the establishment may be licensed as a massage therapy establishment or a sole practitioner establishment. The department shall provide its determination on a form approved by the board.https://www.scstatehouse.gov/code/t40c030.php”
Tennessee
“0870-01-.03 PRACTICE STANDARDS AND INSPECTION OF ESTABLISHMENTS.
(1) It is the responsibility of establishment owners and responsible persons to ensure compliance
with all provisions of these rules and any violation of these rules may result in disciplinary
action or denial of licensure pursuant to T.C.A. § 63-18-108.
(2) Standards for Massage Establishments, Personnel, and Equipment
(a) Massage Establishments Standards
- Establishment owners and responsible persons shall ensure and maintain an
adequate waiting area for clients. - Establishment owners and responsible persons shall maintain properly installed
smoke detectors and fire extinguishers in compliance with local fire codes. If
there are no local fire codes, there shall be a minimum of one smoke detector
and one fire extinguisher per one thousand (1000) square feet of establishment
area. If local fire codes require fire inspections, establishment owners and
responsible persons shall maintain written documentation of all fire inspections
for a period of four (4) years. - Massage therapy may be conducted only in rooms which are adequately lighted
and ventilated, and so constructed that they can be kept clean. Establishment
owners and responsible persons shall ensure that floors, walls, ceilings and
windows are kept clean, in good repair and free of pests. - Rest Rooms. Every establishment shall contain rest room facilities for use by
clients and employees. Establishments located in buildings housing multiple
businesses under one roof such as arcades, shopping malls, terminals, hotels,
etc., may substitute centralized toilet facilities. Such centralized facilities shall be
within three hundred (300) feet of the massage establishment.
(i) Rest room facilities shall include at least one water-flushed toilet, equipped
with toilet tissue, from which the waste water shall be discharged into a
sewage system acceptable to the Department of Environment and
Conservation.
GENERAL RULES GOVERNING LICENSED MASSAGE THERAPISTS CHAPTER 0870-01
AND ESTABLISHMENTS
(Rule 0870-01-.03, continued)
August, 2017 (Revised) 4
(ii) Rest room facilities shall include at least one sink with hot and cold running
water and shall be equipped with a soap dispenser with soap or other hand
cleaning materials, clean towels or other hand-drying device such as a
wall-mounted electric blow dryer, and waste receptacle. Hand cleansing
capabilities for the therapists must be located within twenty (20) feet of the
treatment area.
(iii) Rest room facilities and all of the foregoing fixtures and components shall
be kept clean, in good repair and free of pests. - Reasonable effort for sanitation shall be maintained for temporary locations such
as athletic events or public service fund raisers in temporary venues. - Establishment owners and responsible persons shall provide for safe and
unobstructed human passage in the public areas of the premises, provide for
removal of garbage and refuse, and provide for safe storage or removal of
flammable and hazardous materials.
(b) Personnel - Establishment owners and responsible persons are responsible for ensuring that
all persons who perform massage therapy in a massage establishment maintain
current licensure by the Board pursuant to rule 0870-01-.05. - Establishment owners and responsible persons shall maintain in a centralized
location at the establishment a current copy of the certificate of renewal for each
licensed massage therapist providing services at the establishment. A copy of
any such certificate shall be made available upon request of any client or any
representative of the Board. - Establishment licenses are not transferable and are subject to revocation or other
disciplinary actions upon failure of any inspection or for refusal to allow
inspection by the Board’s authorized representatives. - Establishment owners and responsible persons shall be responsible for
maintaining all parts thereof in a sanitary condition at all times, and for otherwise
ensuring that such establishment is operated in compliance with this Chapter.
However, this rule shall not relieve any individual therapist of responsibility for
the sanitary conditions of the space or equipment used in their practice. - Establishment owners and responsible persons shall maintain a list of the
individuals who have provided massage therapy at the establishment during the
preceding two years. This list shall be promptly furnished on request by a Board
investigator or other representative of the Board.
(c) Equipment - Establishment owners and responsible persons shall ensure that all equipment
and supplies used to perform massage services on the premises are maintained
in a safe and sanitary condition. - If the establishment is equipped with a whirlpool bath, sauna, steam cabinet
and/or steam room, establishment owners shall maintain adequate and clean
shower facilities on the premises.
GENERAL RULES GOVERNING LICENSED MASSAGE THERAPISTS CHAPTER 0870-01
AND ESTABLISHMENTS
(Rule 0870-01-.03, continued)
August, 2017 (Revised) 5
(3) Inspection of Establishments – Licensed massage therapy establishments are subject to initial
inspections and periodic subsequent inspections by the Board or its authorized
representative(s) during normal and customary business hours. Inspections may be
announced or unannounced.
(a) The purpose of inspection of establishments is to verify compliance with the
establishment standards of this rule and to verify that the establishment and all
licensed massage therapists providing services have their licenses conspicuously
displayed on the premises as required by 0870-01-.14.
(b) The establishment license may be subject to disciplinary action, pursuant to Rule 0870-
01-.13, if the inspection reveals that the establishment does not meet the standards
and requirements set by this rule or if the inspection reveals that the license of any
massage therapist providing services at the establishment is not current or has been
suspended or revoked.
(c) A massage establishment which does not pass its inspection may be subject to
discipline or reinspection.
(d) Reinspection – When an establishment does not pass inspection, the establishment
shall submit an application for reinspection. - The inspector shall provide the establishment with an application for reinspection.
- The application shall be submitted to the Board’s administrative office within thirty
(30) days after the failed inspection. - The reinspection fee shall be submitted with the application, pursuant to Rule
0870-01-.07. - Failure to submit an application for reinspection or reinspection fee, or failure to
pass a reinspection, may result in disciplinary action.
(e) Failure to Allow or Appear for Inspection – An establishment whose owner or
responsible person refuses to allow an inspection without good cause shall be deemed
to have failed the inspection, and the establishment shall comply with the reinspection
rule.
https://publications.tnsosfiles.com/rules/0870/0870-01.20170817.pdf
0870-01-.06 ESTABLISHMENT LICENSURE PROCESS. Any massage therapy establishment, unless
exempted by any provision of T.C.A. § 63-18-110, must be licensed by the Board. The process for
obtaining a license is as follows:
(1) An applicant shall respond truthfully and completely to every question or request for
information contained in the application form. The applicant shall submit the application along
with all required documentation and fees to the Board Administrative Office. It is the intent of
this rule that activities necessary to accomplish the filing of the required documentation be
completed prior to filing an application and that all documentation be filed as close to
simultaneously as possible.
(2) An applicant/responsible person need not be licensed as a massage therapist. However, all
persons who provide massage therapy on the premises must be licensed pursuant to rule
0870-01-.05. Failure to comply with this provision may result in the denial or revocation of the
establishment license.
(3) Except for applicants who are corporations doing business in Tennessee, every applicant
shall submit a copy of his/her birth certificate or its equivalent which indicates that the
applicant is at least eighteen (18) years of age at the time of application. Applicants who are
not citizens of the United States or whose birth certificates reflect that they were not born in
the United States shall submit proof of their immigration status demonstrating their right to
live and work in the United States.
(4) Except for applicants who are corporations doing business in Tennessee, every applicant
shall submit to the Board Administrative Office, evidence of good moral character. Such
evidence shall consist of two (2) recent (within the preceding 12 months) original signed and
dated letters, attesting to the applicant’s personal character and professional ethics.
GENERAL RULES GOVERNING LICENSED MASSAGE THERAPISTS CHAPTER 0870-01
AND ESTABLISHMENTS
(Rule 0870-01-.06, continued)
August, 2017 (Revised) 10
(5) Applicants who are not licensed as massage therapists in Tennessee shall submit proof that
they have completed at least two (2) hours of education in Tennessee Law relating to
massage therapy. These courses must be approved by the Board.
(6) Applicants who are corporations doing business in Tennessee shall submit a copy of their
corporate charter and shall submit a statement identifying the corporation’s registered agent
for service of process.
(7) An applicant shall disclose the circumstances surrounding any of the following concerning
himself:
(a) Conviction of any criminal offense (except minor traffic offenses) of any country, state
or municipality, including without limitation conviction for prostitution or any sexual
misconduct offense. A conviction for prostitution or sexual misconduct offenses shall
disqualify an applicant from receiving a license. A conviction for a felony under the
laws of Tennessee may disqualify an applicant from receiving a license.
(b) The denial of professional licensure/certification by any other state or the discipline of
licensure/ certification in any state.
(c) Loss or restriction of licensure/certification.
(d) Any civil suit judgment or civil suit settlement in which the applicant was a party
defendant for any actions involving malpractice, negligence, and/or fraud.
(8) An applicant shall cause to be submitted to the Board Administrative Office directly from the
vendor identified in the Board’s licensure application materials, the result of a criminal
background check.
(9) An applicant shall submit the establishment application fee and state regulatory fee as
provided in rule 0870-01-.07.
(10) When necessary, all required documents shall be translated into English and such translation
and original documents certified as to authenticity by the issuing source. Both versions must
be submitted to the Board’s administrator.
(11) All applications shall be sworn to and signed by the applicant and notarized.
(12) All documents submitted for licensure purposes become the property of the State of
Tennessee and will not be returned.
(13) The application form and all required documents must be dated no more than one (1) year
before receipt by the Board Administrative Office.
(14) An establishment license may be denied, conditioned, restricted and/or disciplined for the
same causes and pursuant to the same procedures as a massage therapist’s license.
(15) An establishment that wishes to change its responsible person must submit a new application
and comply with rule 0870-01-.06(1), (2), (3), (5), (7), (8), (10), (11), and (13). An
establishment application fee, a new initial license fee, and regulatory fee shall not be
collected.
(16) An establishment wishing to change its address must apply for an establishment license for
the new address, however, the only fee that shall be collected by the Board is the
reinspection fee set forth in Rule 0870-01-.07.
GENERAL RULES GOVERNING LICENSED MASSAGE THERAPISTS CHAPTER 0870-01
AND ESTABLISHMENTS
(Rule 0870-01-.06, continued)
August, 2017 (Revised) 11
(17) Application review and licensure decisions shall be governed by rule 0870-01-.08.https://publications.tnsosfiles.com/rules/0870/0870-01.20170817.pdf”
“https://statutes.capitol.texas.gov/Docs/OC/htm/OC.455.htm Sec. 455.052. RULES REGARDING MASSAGE ESTABLISHMENTS. Rules adopted under this chapter relating to a massage establishment must contain minimum standards for:
(1) the issuance, denial, renewal, suspension, revocation, or probation of a license under this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the health and safety of massage establishment personnel and the public;
(5) the sanitary and hygienic conditions of a massage establishment;
(6) the provision of massage therapy or other massage services by a massage establishment;
(7) the records kept by a massage establishment;
(8) the organizational structure of a massage establishment, including the lines of authority and the delegation of responsibility;
(9) fire prevention and safety in a massage establishment;
Texas
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=4&ch=117&rl=2(21) Massage therapy establishment–A place of business that advertises or offers massage therapy or other massage services unless specifically exempted by the Act. The term includes a place of business that advertises or offers any service described by a derivation of the terms “”massage therapy”” or “”other massage services”” as defined by the Act.
(10) the inspection of a massage establishment; and
(11) any other aspect of the operation of a massage establishment necessary to protect massage establishment personnel or the public. Sec. 455.202. PRACTICE BY MASSAGE ESTABLISHMENT. (a) A massage establishment may employ only licensed massage therapists to perform massage therapy or other massage services.
(b) A massage establishment may not:
(1) employ an individual who is not a United States citizen or a legal permanent resident with a valid work permit;
(2) employ a minor unless the minor’s parent or legal guardian authorizes in writing the minor’s employment by the establishment;
(3) allow a nude or partially nude employee to provide massage therapy or other massage services to a customer;
(4) allow any individual, including a client, student, license holder, or employee, to engage in sexual contact in the massage establishment;
(5) allow any individual, including a student, license holder, or employee, to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual; or
(6) allow any individual, including a student, license holder, or employee, to reside on the premises of the massage establishment.
(c) A massage establishment shall:
(1) properly maintain and secure for each client the initial consultation documents, all session notes, and related billing records; and
(2) make available to the department on request the information kept as provided by Subdivision (1).
(d) For purposes of this section:
(1) “”Nude”” means a person who is:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts or any portion of the genitals or buttocks.
(2) “”Sexual contact”” includes:
(A) any touching of any part of the genitalia or anus;
(B) any touching of the breasts of a female without the written consent of the female;
(C) any offer or agreement to engage in any activity described in Paragraph (A) or (B);
(D) kissing without the consent of both persons;
(E) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution as described in Chapters 21, 22, and 43, Penal Code, or any offer or agreement to engage in such activities;
(F) any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual; or
(G) inappropriate sexual comments about or to a client, including sexual comments about a person’s body.
(e) Subsection (b)(6) does not apply to:
(1) a place of business exempted under Section 455.155(c)(2) from the requirement to hold a license as a massage establishment; or
(2) a licensed massage therapist who practices as a solo practitioner and who is exempted under Section 455.155(b) from the requirement to hold a license as a massage establishment. RULE §117.80 Massage Establishment Application Procedures and Licensure
(a) Unless otherwise exempt under the Act, a place of business that advertises or offers massage therapy or other massage services must be licensed by the department as a massage establishment as provided by this section.
(b) A sexually oriented business may not obtain a license from the department or operate as a massage establishment.
(c) Each applicant for a massage establishment must:
(1) submit a completed application on a department approved form;
(2) pay the fee as prescribed under §117.100; and
(3) successfully pass a criminal history background check performed by the department in accordance with the Act, the department’s criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53.
(d) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(e) The department may not issue a license to a person who does not comply with the requirements of this section.
(f) The department shall conduct a criminal history record information check of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(g) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by this section for each individual who:
(1) personally or constructively holds, including as the beneficiary of a trust:
(A) at least 10 percent of the entity’s outstanding stock; or
(B) more than $25,000 of the fair market value of the entity;
(2) has the controlling interest in the entity;
(3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;
(4) is a member of the board of directors or other governing body of the entity; or
(5) serves as:
(A) an elected officer of the entity; or
(B) a general manager of the entity.”
Vermont
Ҥ 5423. Establishments; designee and inspection
(a) An establishment shall designate a massage therapist, bodyworker, or touch professional to be responsible for ensuring the establishment complies with the requirements of this chapter and the rules adopted by the Director.
(b) A person authorized by the Director may enter any establishment for the purpose of inspection when a complaint has been filed with the Office regarding the practice of massage or the practice of bodywork at that establishment. A fee shall not be charged for any inspection under this subsection. https://legislature.vermont.gov/statutes/fullchapter/26/105″
