Establishment Standards

Compliance Officer. Each 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. The Board may require a Licensed Massage Therapist to appear personally before the Board or its agents prior to being approved to serve or continuing to serve as 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; A list of all Massage Therapists who currently practice or have practiced at the Establishment and a list of all current and past employees of the Establishment with start and end dates for the past seven years; (c) A signature and initials log to assist in identifying signature and/or initials in records. The log shall include the employee's printed name, signature and their initials; (d) 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; (e) The methods of maintaining and encouraging open lines of communication among the Massage Therapy Establishment's personnel; (f) The methods of maintaining and ensuring that equipment is inspected on an annual basis and is in safe operating condition; (g) The mechanisms used to report and respond to violations or complaints in an appropriate manner and a log of any complaints received and the Establishment's response; (h) The implementation and maintenance of a schedule of the Establishment's compliance audits; and (i) 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 and Compliance Officer of the Establishment. (c) All students who perform massage therapy at an Establishment must be working and supervised as part of Board-approved school program. (d) Massage Establishment Licenses are not transferable. (e) The use of aliases by Massage Therapists is prohibited. (f) Each Establishment must maintain a list of current workers and past workers for their last seven years and their job duties, which shall be provided to the Board or its agent upon request. (4) Interior Specifications. (a) The Establishment shall maintain a properly installed smoke detector and fire extinguisher. 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 150 feet from the entrance door to 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. (m) The Board may waive the requirements of 269 CMR 6.07(4)(a) to (l) for a Massage Therapy Establishment that will provide only out-of-office massage services and will not operate a Mobile Massage Unit. (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 after each client and 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, durable, Opaque covering for the full tabletop of 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 drapes for 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. A Massage Therapist shall not provide massage services, including out-of-office services, in an unsanitary location. 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 no less than 30 days before taking ownership. (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) Change in Compliance Officer. A change in Compliance Officer requires notification to the Board from existing Compliance Officer with effective dates within ten days except in extraordinary circumstances. (10) Required Displays. Current true copies of the following must be conspicuously displayed for the benefit of the public within the public section (not treatment room) at each Massage Therapy Establishment. A licensee may redact his/her residential address from the posted license. (a) The Massage Therapy Establishment's license; 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. (d) Documents listed in 269 CMR 6.07(10)(a) through (c) shall be displayed in a manner visible to client when out-of-office services are provided. (11) 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 deliver only out-of-office massage therapy services. 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(11) 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.