A N     A C T

RELATING TO LICENSING OF MASSAGE THERAPY ESTABLISHMENTS

Introduced By: Senators O'Leary and Roberts

Date Introduced : January 29, 1998

It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 23-20.8 of the General Laws entitled "Massage Parlors" is hereby amended to read as follows:

SECTION 2.Sections 23-20.8-1, 23-20.8-2, 23-20.8-5 23-20.8-6 23-20.8-8 and 23-20.8-10 of the General Laws in Chapter 23-20.8 entitled "Licensing of Massage Parlors" are hereby amended to read as follows:

23-20.8-1. Definitions. -- As used in this chapter:

(1) "Massage {DEL parlor DEL} {ADD therapy establishment ADD}" means any corporation, partnership, unincorporated association, or other business enterprise operating any business for the practice of massage;

(2) "Massage therapist" means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning which is approved by the American massage and therapy association or equivalent academic and training program approved by the director of health, other than a correspondence course, which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology, hygiene, and professional ethics;

(3) "Physical fitness facility" means any bona fide health club which offers or provides facilities for any instruction in controlled exercise, weight lifting, and calisthenics and its gross income from massages is less than ten percent (10%) of the total gross business income derived from all physical fitness sales contracts at any one location;

(4) "Practice of massage" means engaging in applying a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping, and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

23-20.8-2. License required -- Term of license -- Application -- Fee. -- It shall be unlawful for any person, corporation, or other form of business entity to own or operate a massage {DEL parlor DEL} {ADD therapy establishment ADD} in this state without having a license issued by the department of health pursuant to this chapter. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for 12 months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. A license issued under the provisions of this chapter may be suspended or revoked under the provisions of section 23-20.8-6. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. No license shall be issued less than thirty (30) days after the application therefor. The initial fee for any such license and the annual renewal fee shall be established by the department of health and shall be fixed in an amount sufficient to cover the cost of administering this chapter. All such fees collected pursuant to this chapter, shall be deposited as general revenue and submitted with the application to the department of health.

23-20.8-5. Issuance or denial of license -- Minimum qualifications. -- The director shall, within thirty (30) days from the time any application for such license is received, grant the application and issue a license to operate a massage {DEL parlor DEL} {ADD therapy establishment ADD} or to practice massage for a year from the date thereof, if the director shall be satisfied that the applicant complies with the rules and regulations promulgated in accordance with sections 23-20.8-3 and 23-20.8-4, establishing standards for the qualifications of such personnel and establishments. The standards for qualification of persons practicing massage shall include provision for minimum standards of professional education or experience, as determined by the director. The director may provide for the examination of such applicants to determine their qualifications.

23-20.8-6. Suspension and revocation of licenses. -- Whenever the director shall have reason to believe that any massage {DEL parlor DEL} {ADD therapy establishment ADD}, for the operation of which he or she has issued a license as provided for in this chapter, is being operated in violation of the rules and regulations promulgated hereunder, or that any person is practicing massage in violation of this chapter or regulations promulgated hereunder, the director may, pending an investigation and hearing, suspend for a period not exceeding thirty (30) days any license issued under authority of this chapter and may, after due notice and hearing, revoke any such license if he or she finds that the massage {DEL parlor DEL} {ADD therapy establishment ADD} or person practicing massage is in violation of those rules and regulations or any provision of this chapter. The holder of a license shall upon its revocation promptly surrender it to the director.

23-20.8-8. Access and inspection powers. -- For the purpose of this chapter, the director or his or her duly authorized agents or employees shall at all reasonable times have authority to enter upon any and all parts of the premises on which any massage {DEL parlor DEL} {ADD therapy establishment ADD}is located and of the premises appurtenant thereto to make any examination or investigation whatsoever for the purpose of determining whether the provisions of this chapter and any rules or regulations of the department are being violated.

23-20.8-10. Enforcement. -- {DEL This DEL} {ADD Except for the provisions of section 23-20.8-11 this ADD} chapter shall be enforced by the director of health.

SECTION 3. Chapter 23-20.8 of the General Laws entitled "Licensing of Massage Parlors" is hereby amended by adding thereto the following section:

{ADD 23-20.8-11. Penalties. --ADD} {ADD(a) Any person who practices massage or maintains a massage therapy establishment, or acts in any capacity wherein a license is required by this chapter, without a license provided for in this chapter, shall be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) or thirty (30) days in jail. ADD}

{ADD (b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) and thirty (30) days in jail. ADD}

{ADD (c) The practice of massage by a person without a license issued under this chapter is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the person is practicing or purporting to, may maintain an action to enjoin that person from practicing massage until such person secures a valid license. ADD}

{ADD (d) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment shall register with the department of health. ADD}

SECTION 4. This act shall take effect upon passage.