Initial Application for an Establishment License

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; 1. 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; 2. if owned by a not for profit corporation, the names of the members and directors of the corporation; and 3. 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 6.00; (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(5); If the Massage Establishment provides only out-of-office massage therapy services, the Establishment is not required to provide a floor plan as stated in 269 CMR 6.04(2)(g), but shall provide to the Board the address where records and equipment used by the Establishment are located. The location provided to the Board may be subject to inspections by the Board to ensure compliance with Board regulations. (4) 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. (5) 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: 1. 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; 2. 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 3. 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 the equivalency of a Massage Therapy Establishment license. 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 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 limited to, any of the following: 1. Conviction of, or admission to sufficient facts to, any criminal offense, other than a routine traffic violation; 2. 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 3. 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. (6) 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. The Board may waive the initial inspection for a Massage Establishment that will provide only out-of-office massage therapy and will not operate a Mobile Massage Unit. (a) The applicant for an Establishment license must arrange for the inspection by the Board of the location seeking that license. 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. 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. (8) The Board shall not issue an Establishment license based on an incomplete submission. The Board may not issue an Establishment license if the Board's inspection reveals any violation of 269 CMR. (10) The Board will consider the evidence produced and make licensing decisions accordingly.