216-RICR-40-05-10
216-RICR-40-05-10. Massage Therapists (version Amendment, 04/15/2002 to 10/18/2007)
RULES AND REGULATIONS
FOR LICENSING
MASSAGE THERAPISTS, MASSEURS AND MASSEUSES,
AND
MASSAGE THERAPY ESTABLISHMENTS
(R23-20.8-MA/MTE)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
November 1979
As Amended
October 1980
May 1983
March 1993
February 1994
November 2001
January 2002 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
March 2002
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INTRODUCTION
These rules and regulations are promulgated pursuant to the authority conferred under section
23-20.8-4 of the General Laws of Rhode Island of, as amended, and are established for the purpose of
defining minimal requirements and adopting standards for the licensure of massage therapists,
masseurs, masseuses and massage therapy establishments consistent with statutory provisions.
In accordance with the provisions of section 42-35-3(c) of the General Laws of Rhode Island,
as amended, in the development of the regulations, consideration was to: (1) alternative approaches to
the regulations; (2) duplication or overlap with other state regulations; and (3) any significant
economic impact on small business as defined in Chapter 42-35 of the General Laws. Based on the
available information, no known alternative approach, duplication or overlap was identified. The
health, safety and welfare of the public overrides any economic impact which may be incurred from
these proposed regulations.
These amended rules and regulations shall supersede any other Rules and Regulations
Pertaining to Licensing Massage Therapists, Masseurs and Masseuses and Licensing Massage Parlors
promulgated by the Department of Health and filed with the Secretary of State.
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TABLE OF CONTENTS
Page
PART I
Licensing Requirements For Massage Therapists, Masseurs And Masseuses
Section R23-20.8-MA/MTE
1.0
Definitions
1
2.0
Administration
2
3.0
License Requirements
2
4.0
Qualifications for Licensure
3
5.0
Health Certificate
4
6.0
Application for Licensure and Fee
4
7.0
Issuance and Renewal of License and Fee
5
8.0
Practice of Massage
5
9.0
Denial, Suspension or Revocation of License
6
10.0
Advisory Board
7
PART II
Licensing Requirements For Massage Therapy Establishments
8
11.0
Administration
8
12.0
License Requirements
8
13.0
Application for License and Fee
8
14.0
Issuance and Renewal of License and Fee
8
15.0
Change of Ownership, Operation and/or Location
9
16.0
Inspections
9
17.0
General Operational Requirements
9
Personnel
9
Environment and Maintenance
10
Physical Plant
10
Other Provisions
10
18.0
Denial, Suspension or Revocation of License
10
19.0
Severability
11
1
PART I Licensing Requirements for Massage Therapists, Masseurs and Masseuses
R23-20.8-MA/MTE
Section 1.0 Definitions
Wherever used in these rules and regulations the following terms shall be construed as follows:
1.1
“Act” means Chapter 23-20.8 of the Rhode Island General Laws, as amended.
1.2
"Approved school" shall mean any school or institution of learning which is approved by the
American Massage and Therapy Association or an equivalent academic and training program
meeting the requirements of section 4.2 herein as approved by the Director of Health.
1.3
"Licensing agency" shall mean the Rhode Island Department of Health.
1.4
"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
meeting the requirements of section 4.2 herein as 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, pursuant to the statutory provisions.
1.5
"Massage therapy establishment" shall mean a corporation, partnership, unincorporated
association, or other business enterprise operating any business for the practice of massage.
1.6
"Masseur or masseuse" shall mean an individual who has successfully completed the
educational and training requirements of section 4.0 herein and holds a license to practice
massage in Rhode Island in accordance with the provisions of Chapter 23-20.8 of the General
Laws of Rhode Island, as amended and the rules and regulations herein, except persons exempt
under section 23-20.8-9 of the General Laws of Rhode Island, as amended, and section 3.1.1
herein.
1.7
"Person" shall mean any individual, group of individuals, firm, corporation, association,
partnership or private or public entity, including a district, county, city, town or other
governmental unit or agent thereof, and in the case of a corporation, any individual having active
or general supervision of properties of such and corporation.
1.8 “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.
1.9
"The practice of massage" shall be defined as 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.
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Section 2.0 Administration
2.1
The Division of Professional Regulation within the Rhode Island Department of Health shall
be responsible for the administrative functions required to implement the provisions of Chapter
23-20.8 of the General Laws of Rhode Island, as amended, and the rules and regulations
herein, as they apply to the licensing of massage therapists, masseurs and masseuses and the
practice of massage.
Section 3.0 License Requirements
3.1
Any individual practicing or offering to practice massage, except persons exempt under the
provisions of section 23-20.8-9 of the General Laws of Rhode Island, as amended, and section
3.1.1 herein shall be required to submit evidence that such individual is qualified to practice
massage and shall be licensed as herein provided in order to safeguard the general welfare of
the public.
Persons Exempt
3.1.1
Nothing contained in the Act shall prohibit:
(1)
The practice of massage by any person who is authorized to practice medicine, nursing,
osteopathy, physiotherapy, chiropractic, or podiatry in this state.
(2)
The practice of that massage which is customarily given in barber shops or beauty
parlors for the purpose of beautification by any licensed barber, hairdresser, or
cosmetician.
(3)
The practice of massage by any person employed in a medical institution licensed or
chartered by the state or enrolled in a program of a school or institute of massage
approved by the board of regents.
(4)
The practice of massage by any person duly employed as a trainer by a professional
athletic association, club, or team, or as a member of the physical education department
of an accredited university, college, or high school.
(5)
The practice of massage by any person in a physical fitness facility operated by a
corporation or association organized exclusively for the moral or mental improvement
of men, women, or children.
3.2
It shall be unlawful for any individual to practice or to offer to practice massage in this state, or
to use any title, abbreviation, sign, card or device, or to indicate that such individual is
practicing massage unless such individual has been duly licensed as a massage therapist,
masseur or masseuse in accordance with section 23-20.80-2 of the General Laws of Rhode
Island, as amended, and the rules and regulations herein, except those exempted under Chapter
23-20.8 of the General Laws of Rhode Island, as amended and section 3.1.1 herein.
3.2.1
Furthermore, no person, firm, partnership or corporation shall describe its services
under the title "massage" or "massage therapy" unless such services are defined in
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section 23-20.8-1 of the General Laws of Rhode Island, as amended, and section 1.0
herein, are performed by a person licensed to practice massage hereunder, and if
described as "massage therapy", by a massage therapist.
Section 4.0 Qualifications For Licensure
4.1
An applicant for a license to practice massage in Rhode Island shall be:
4.1.1
For the masseur or masseuse:
a)
over eighteen (18) years of age;
b)
of good moral character;
c)
a graduate from an approved school as defined in section 1.2 herein; with transcripts
sent directly from the school;
d)
qualified by virtue of having passed the National Certification Examination for
Therapeutic Massage and Body Work of the National Certification Board for
Therapeutic Massage and Bodywork;.
e)
examined physically for the detection of contagious disease in accordance with section
23-20.8-3 of the General Laws of Rhode Island, as amended.
4.1.2
For the massage therapist:
a)
over eighteen (18) years of age;
b)
of good moral character;
c)
a graduate of a program in or be certified by a school or institution of learning approved
by the American Massage and Therapy Association or equivalent academic or training
program meeting the requirements of section 4.2 herein. Transcripts are to be sent
directly from the school to the Division of Professional Regulation.
d)
qualified by virtue of having passed the National Certification Examination for
Therapeutic Massage and Body Work of the National Certification Board for
Therapeutic Massage and Bodywork.
e)
examined physically for the detection of contagious disease in accordance with section
23-20.8-3 of the General Laws of Rhode Island, as amended.
4.2
Equivalency Program:
An applicant who has successfully completed educational and practical training preparation in a
massage therapy program shall be judged to hold the equivalent academic and training preparation in
massage therapy if the applicant has:
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4.2.1
Taken an educational program whose purpose was the preparation of massage therapists,
masseurs, masseuses and which consisted of an organized program of theoretical study and
training in either an education institution or school approved and/or accredited by the state or
other credentialing body, in which the program is located:
4.2.2
Furthermore, the curriculum was a program of at least 500-hours which included study and
practical training specifically designed to provide knowledge and skills necessary for the
practice of massage. The content of the 500-hour program must include no less than the
following:
a)
Classroom Hours Subjects (Including Practical Training)
100
(Theory) Anatomy/Physiology
300
Theory and practice of massage therapy
Applied anatomy/ physiology, including 150 hours of the 300 hours to be hands
on massage, as defined in section 1.9.
100
Elective subjects, including first aid and CPR, and any of the following:
business practices/law, office procedures, ethics, professionalism.
b)
Taken and passed the National Certifying Examination for Therapeutic Massage and
Body Work of the National Certifying Council for Massage Therapy.
4.2.3
Correspondence courses shall not be recognized as acceptable equivalents.
4.3
An applicant who has completed a program in a school or institute of massage outside of the
United States shall submit evidence of having graduated from a school or institute of massage
whose curriculum is substantially equivalent to the requirements of section 4.2 herein and of
holding a license to practice massage from a given foreign country, and in addition may be
subject to such examination, written, oral or practical as may be deemed necessary by the
Director of Health.
4.4
A license to practice massage as a massage therapist, masseur or masseuse may be issued to an
applicant who has been duly licensed as a massage therapist, masseur or masseuse under the law
of another state, if in the opinion of the Director of Health, the applicant meets the qualifications
required for massage therapists, masseurs and masseuses in this state.
Section 5.0 Health Certificate Requirement for Masseurs and Masseuses
5.1
A physician's report of the physical examination shall accompany the initial application for
licensure and subsequent reports of each examination conducted every six (6) months
thereafter shall be submitted to the licensing agency in the months of June and December of
each year.
Section 6.0 Application for Licensure and Fee
6.1
Application for licensure shall be made on such forms as shall be provided by the licensing
agency and shall be accompanied by the following documents:
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a)
For those born in the U.S.: A certified copy of birth certificate;
For those born outside the U.S.: Proof of lawful entry into the country.
b)
a recent passport-type photograph;
c)
the initial licensure fee of thirty-one dollars and twenty-five cents ($31.25) payable to
the General Treasurer, State of Rhode Island; and
d)
supporting credentials of education, training, health certificate and other requirements
of sections 4.0 and 5.0 herein.
Section 7.0 Issuance and Renewal of License and Fee
7.1
Upon approval, the licensing agency shall issue a license or renewal thereof, for a period of one
(1) year. Said license, unless sooner suspended or revoked, shall expire by limitation on the
30th day of June following its issuance and may be renewed from year to year after approval by
the licensing agency, provided the applicant meets the requirements of the rules and regulations
herein and the statutory provisions of Chapter 23-20.8 of the General Laws of Rhode Island, as
amended.
7.2
An annual license renewal fee of thirty-one dollars and twenty-five cents ($31.25) payable to
the General Treasurer, State of Rhode Island, shall accompany each application for licensure
renewal, including the health certificate as required in section 5.0 herein for masseurs and
masseuses.
7.3
A license shall be issued no less than thirty (30) days after the application thereof, only to a
specific licensee and shall not be transferable.
7.4
Any licensee who allows his or her license to lapse may have same reinstated by submitting to
the licensing agency an application and accompanying documents and fee as required under
sections 5.0, 6.0 and 7.0 herein.
Section 8.0 The Practice of Massage
8.1
The license to practice massage authorizes the holder to engage in applying a scientific system
of activity as defined in section 1.9 herein and in accordance with the provisions of Chapter
23-20.8 of the General Laws of Rhode Island, as amended.
8.2
Only individuals licensed in Rhode Island under the provisions of Chapter 23-20.8 of the
General Laws of Rhode Island, as amended, and the rules and regulations herein, shall practice
massage and use the title `Masseur' or `Masseuse' or `Massage Therapist'. No person, firm,
partnership or corporation shall describe its services in any manner under the title `Massage'
unless such services as defined hereunder are performed by a person licensed to practice
massage. Only a person licensed under Chapter 23-20.8 of the Rhode Island General Laws, as
amended, and the rules and regulations herein, as a massage therapist may use the title
“massage therapist.”
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8.3
Licensed practitioners shall maintain and be governed by acceptable sanitary, safe and
scientific standards of practice with special attention to the following:
a)
heliotherapy shall be administered only by a licensed physical therapist;
b)
masseurs, masseuses and massage therapists shall not diagnose, treat classified disease,
practice spinal or joint manipulation, prescribe medicine or drugs;
c)
mechanical apparatus or equipment such as heat lamps, hot and cold packs, tub and
special showers, cabinet baths, steam and dry heat baths and the like, shall be utilized
only by and under constant direct supervision of a licensed masseur or masseuse or
massage therapist;
d)
no part of a percussor, vibrator or other device (mechanical or otherwise) which cannot
be properly sterilized or sanitized shall be applied directly to the skin without a
protective covering;
e)
adverse reactions and accidents shall be carefully observed and appropriate emergency
action shall be taken, recorded and kept on file for review by the licensing agency;
f)
sanitary techniques shall be practiced at all times;
g)
individual sanitary sheetings covering the massage table shall be changed for each
person;
h)
temperatures of water levels for various types of procedures shall be maintained at
comfortable levels in accordance with acceptable practices as follows:
i.
not to exceed 105oF for water baths of any type;
ii.
not to exceed 165oF for dry heat cabinet or room bath temperatures; and
iii.
not to exceed 110oF for steam cabinet or room bath temperatures; and
i)
any other procedure or practice shall conform with acceptable standards.
Section 9.0 Denial, Suspension or Revocation of License
9.1
The Director of Health may within thirty (30) days from the time an application is received,
deny issuance of a license or renewal of license to any individual, or pending an investigation
and hearing, to suspend for a period not exceeding thirty (30) days any license issued herein,
and/or after due notice and hearing to revoke the license of any masseur or masseuse who:
a)
is convicted of any offense which is a felony under the laws of Rhode Island, the record
of conviction being conclusive evidence thereof;
b)
supplies false information to the licensing agency on the application for licensure or
application for licensure renewal; and
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c)
fails to comply with the statutory and regulatory provisions herein.
9.2
Whenever an action shall be proposed to deny, suspend, or revoke a license, the licensing
agency shall notify the licensee setting forth in writing the reasons for the proposed action, and
the licensee shall be given an opportunity for a prompt and fair hearing in accordance with the
provisions of Chapter 42-35 of the General Laws of Rhode Island, as amended.
9.3
After due notice and hearing, the licensing agency may deny, suspend or revoke any such
license if the licensee is found to be in violation of the statutory provisions of Chapter 23-20.8
of the General Laws of Rhode Island, as amended, and the rules and regulations herein.
9.4
Any person aggrieved by a decision of the licensing agency may seek a judicial review in
accordance with the provisions of Chapter 23-20.8 of the General Laws of Rhode Island, as
amended.
Section 10.0
Advisory Board
10.1
Within the Division of Professional Regulation in the Department of health, there shall be
established an Advisory Board which shall meet at least once a year and shall consist of seven
members.
10.1.1 Members of the Advisory Board shall be appointed by the Director of Health: two to
serve for one (1) year; two to serve for two (2) years; and three to serve for three (3)
years. No member shall be appointed for more than two (2) consecutive full terms. A
member appointed for less than a full term (originally, or to fill a vacancy may serve
two (2) full terms in addition to that part of a full term, and a former member shall
again be eligible for appointment after a lapse of one or more years.
10.1.2 Successors to members of the Advisory board whose term expires shall be appointed in
such year by the Director to hold office for three (3) years or until their respective
successors are appointed.
10.1.3 The Director may remove any member of the Advisory Board for neglect of duty or
incompetency and may fill vacancies which occur for any purpose for the remainder of
the unexpired term.
10.1.4 Functions of the Advisory Board
The Advisory Board shall serve in an advisory capacity to the Director in matters
pertaining to the licensing of massage therapists, masseurs and masseuses, and the
licensing of massage therapy establishments. The Advisory Board shall advise the
Director on such matters as policies affecting examination, qualifications, issuance and
renewal, denial or revocation of licenses and the development of rules and regulations.
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PART II Licensing Requirements for Massage Therapy Establishments
Section 11.0
Administration
11.1
The Office of Food Protection of the Rhode Island Department of Health shall be responsible
for the administrative functions required to implement the provisions of Chapter 23-20.8 of the
General Laws of Rhode Island, as amended, and the rules and regulations herein, as they apply
to the licensing of massage therapy establishments.
Section 12.0
License Requirements
12.1 No person, acting severally or jointly with any other person shall conduct, maintain or operate a
massage therapy establishment in this state without a license issued by the licensing agency.
Section 13.0
Application for License and Fee
13.1
Application for a license to conduct, maintain or operate a massage therapy establishment shall
be made in writing on forms provided by the licensing agency and shall be submitted to the
licensing agency sixty (60) days prior to the opening of the operation of the massage therapy
establishment.
13.2
The initial fee of one hundred twenty-five dollars ($125.00) payable to the General Treasurer,
State of Rhode Island, shall accompany the application for a license to operate or conduct a
massage therapy establishment in Rhode Island.
13.3
The application for a license shall include the proposed location and address of the place of
business and the name and address of owner and/or manager with the following documentation:
a)
written proof that the owner and/or manager is at least eighteen (18) years of age;
b)
criminal convictions of corporation, owner and/or manager, if any, except minor traffic
violations;
c)
list of all owners;
d)
appropriate certificates of compliance with sanitary and sewage codes, fire and building
codes and zoning laws; and
e)
written operating policies and procedures pertaining to such matters as hours of
business operation, nature of services, sanitation and safety procedures established for
the protection of patrons and employees.
Section 14.0 Issuance And Renewal Of License And Fee
14.1 Upon approval, the licensing agency shall issue a license or renewal thereof for a period of one
(1) year. Said license, unless sooner suspended or revoked, shall expire by limitation on the 30th
day of June following its issuance and may be renewed from year to year after inspection and/or
approval by the licensing agency, provided the applicant meets the appropriate requirements of
9
the rules and regulations herein and the statutory provisions of Chapter 23-20.8 of the General
Laws of Rhode Island, as amended.
14.2
A license shall be issued no less than thirty (30) days after the application thereof only to a
specific licensee and for a specific location and such license shall not be transferable. The
license shall be issued to the individual owner or person responsible for its governance.
14.3
The annual license renewal fee of one hundred dollars ($100.00) payable to the General
Treasurer, State of Rhode Island, shall accompany the application for the annual license
renewal.
14.4 Any licensee who allows the license to lapse may have same reinstated by submitting to the
licensing agency an application and accompanying documents and fee as required in sections
12.0 and 13.0 herein.
Section 15.0
Change of Ownership, Operation and/or Location
15.1 When a change of ownership or operation, or location of a massage therapy establishment or
when discontinuation of business is contemplated, the owner and/or manager shall notify the
licensing agency in writing prior to the proposed action.
15.2 When there is a change in ownership or in the operation or control of a licensed massage therapy
establishment, the license shall immediately become void and shall be returned to the licensing
agency. However, the licensing agency reserves the right to extend the expiration date of such
license, allowing the facility to operate under the same conditions which applied to the prior
licensee for such time as shall be required for the processing of a new application, not to exceed
thirty (30) days.
Section 16.0
Inspections
16.1 Duly authorized representatives of the licensing agency shall at all reasonable times have the
authority to enter upon any and all parts of the premises on which any massage therapy
establishment is located and of the premises appurtenant thereto to make any investigation or
inspection to determine conformance with the statutory and regulatory provisions herein.
16.2 Refusal to permit inspection or investigation shall constitute valid ground for license denial or
revocation.
Section 17.0
General Operational Requirements
17.1
Personnel
a)
Each facility shall submit to the licensing agency the name of the owner and/or
manager who shall be responsible for:
i.
the management and control of the operation and the maintenance of the
facility;
10
ii.
the conformity of the facility with state and local laws and regulations
pertaining to fire, safety, building, sanitation, personnel and other relevant
statutory and regulatory provisions; and
iii.
the establishment of policies and procedures including but not limited to the
practice of massage, cleaning and sanitizing, availability and nature of services
and other such policies and procedures as may be required.
b)
Only individuals who hold current Rhode Island licenses as massage therapists,
masseurs or masseuses shall practice massage and use the titles `Massage Therapist',
`Masseur' or `Masseuse' in accordance with the regulatory provisions of the Rules and
Regulations for Licensing Massage Therapists, Masseurs and Masseuses as contained
herein.
c)
If the owner and/or manager of a facility is not a licensed massage therapist, masseur or
masseuse, a licensed practitioner of massage shall be designated as the agent of the
manager and/or owner, responsible for the direct supervision of all personnel and
services relative to the practice of massage. The name of said designated individual
shall be submitted to the licensing agency.
d)
Each facility shall have posted conspicuously written procedures to be followed in the
event of emergency for the protection and safety of patrons and personnel.
17.2
Environment and Maintenance
a)
A sanitary environment shall be maintained in each facility, the appliances and
equipment maintained in a safe and properly functioning manner and the premises kept
clean at all times.
17.3
Toilet facilities shall be provided in convenient locations in conformance with the Rhode Island
State Building Code.
a)
Lavatories or water basins shall be installed with hot and cold running water in either
the toilet room or vestibule and shall contain a soap dispenser and a single service
sanitary towel receptacle or other acceptable hand drying device.
17.4
Other Provisions
a)
No individual shall use any massage therapy establishment for housing, sheltering or
harboring employees or other individual(s) or animals, or cause or permit same to be
used as living or sleeping quarters.
Section 18.0
Denial, Suspension or Revocation of License
18.1 The Director of Health may within thirty (30) days from the time an application is received, deny
issuance of a license or renewal of license of a massage therapy establishment, or pending an
investigation and hearing, to suspend for a period not exceeding thirty (30) days any license
issued herein, and/or after due notice and hearing to revoke the license of any massage therapy
11
establishment which:
a)
employs unlicensed masseurs, masseuses, or massage therapists;
b)
supplies false information to the licensing agency on the application for licensure or
application for licensure renewal;
c)
denies entrance to authorized agents of the licensing agency for inspection or
investigation purposes;
d)
has a manager and/or owner who is convicted of any offense which is a felony under
the laws of Rhode Island, the record of conviction being conclusive evidence thereof;
and
e)
fails to comply with the statutory and regulatory provisions herein.
18.2
Whenever an action shall be proposed to deny, suspend, or revoke a license, the licensing
agency shall notify the licensee setting forth in writing the reasons for the proposed action, and
the licensee shall be given an opportunity for a prompt and fair hearing in accordance with the
provisions of Chapter 42-35 of the General Laws of Rhode Island, as amended.
18.3
After due notice and hearing, the licensing agency may deny, suspend or revoke any such
license if the licensee is found to be in violation of the statutory provisions of Chapter 23-20.8
of the General Laws of Rhode Island of, as amended, and the rules and regulations herein.
18.4
Any person aggrieved by a decision of the licensing agency may seek a judicial review in
accordance with the provisions of Chapter 23-20.8 of the General Laws of Rhode Island, as
amended.
Section 19.0
Severability
19.1
If any provision of these rules and regulations or the application thereof to any individual,
facility or circumstance shall be held invalid, such invalidity shall not affect the provisions or
application of the rules and regulations which can be given effect, and to this end the provisions
of the regulations are declared to be severable.
Friday, March 22, 2002
massage therapists-final regs-march02.doc