Wakefield Board of Health

WAKEFIELD BOARD OF HEALTH

RULES AND REGULATIONS FOR

BODYWORK

Table of Contents

I. Authority

II. Purpose

III. Definitions

IV. Permits

V. Exceptions and Exclusions

VI. Application and Renewal Procedure for Permit of Professional

Practitioner of Bodywork

VII. Application and Renewal Requirements for Permit of an Establishment

VIII. Application Procedure for Permit of Student/Apprentice Practitioner of

Bodywork

IX. Application Procedure for Permit of Solely Off-Premise Business

X. Application Procedure for Temporary Permit of Professional or

Student/Apprentice Practitioner of Bodywork

XI. Colonic Hydrotherapy

XII. Permit Revocation, Suspension or Modification and Appeals

XIII. Penalties

XIV. Severability

XV. Variance

XVI. Reciprocity

WAKEFIELD BOARD OF HEALTH

RULES AND REGULATIONS FOR

BODYWORK

1. Authority
   

The Town of Wakefield hereby orders that the following Rules and Regulations are hereby adopted under authority of Section 31 of Chapter 111, §51 and 53, Chapter 140 of the Massachusetts General Laws.

1. PURPOSE

1.1The Wakefield Board of Health finds it necessary to permit the practice of

Bodywork in order to protect the public health and safety of the community, including patrons, employees, and owners of commercial businesses offering legitimate services.

III. DEFINITIONS

3.1 Bodywork; The term bodywork; shall include but not be limited to: Accupressure, Aryuredic, Body-Mind Centering, Body-oriented Psychotherapy; The FELDENKRAIS® Method; Five Element Shiatsu, Integrative Eclectic Shiatsu, Japanese Shiatsu, Macrobiotic Shiatsu, Neuromuscular Therapy; Oriental Bodywork Therapies including: AMMA Therapy®, Chi Nei Sang, Jin Shin Do®, Korean Bodywork, Okazaki Restorative Massage, Nuat thai, Polarity Therapy; Qi Gong, Reflexology, Reiki, Rolph Structural Integration, ROLFING®, Traditional Thai Massage or Bodywork, The TRAGER® approach, Tui na, Zen Shiatsu or other practices as they become known. Bodywork does not include massage as defined by MGL c. 112 s 227.

3.2 Criminal Offender Record Information (CORI): shall mean a record of
criminal offenses committed as an adult or juvenile, as compiled by the Criminal
History System Board.

3.3 Department: unless otherwise specified, shall mean the Wakefield Health
Department acting in its role as the agent for the Wakefield Board of Health.

3.4 Establishment shall mean the room or group of rooms, office, building, place of

business, or premises where bodywork is practiced.

3.5 Off premises: shall mean the practice of bodywork at locations other than an
establishment including but not limited to private homes, businesses and events.

3.6 Patron: shall mean a person with whom the bodywork practitioner has an agreement to
provide bodywork therapy services or a visitor or any other person
on premises at the establishment who is not an employee.

3.7 Sanitization: shall mean effective bacterial/germicidal treatment by a process that provides enough accumulative heat or concentration of chemical for enough time to reduce the bacterial/germ count, including bacterial, viral, and fungal pathogens, to a safe level on table surfaces, instruments, and/or the general facility.

3.8 Sex Offender Registry Information (SORI): shall mean a record of convictions for specified sexual offenses committed as an adult or juvenile, as compiled by the Sex Offender Registry Board.

3.9 Student/apprentice practitioner shall mean any person during his/her course of study, engaged in a fieldwork practicum in bodywork; outside of a training facility or school for the purpose of meeting curriculum requirements and/or for compensation, hire, or reward. A student/apprentice practitioner shall maintain contact with a permitted, professional
practitioner responsible for overseeing his/her fieldwork.

IV.PERMITS

4.1No person shall practice as a professional practitioner of bodywork for hire or reward
or advertise or hold him/herself as being engaged in the business of bodywork

in the town of Wakefield unless first having been issued a permitrequired pursuant
to these regulations.

4.2 No person shall practice as a student/apprentice practitioner of

bodywork for gaining practical experience and/or for hire or reward or advertise or hold him/herself as being engaged in the business of bodywork in the Town of Wakefield unless first having been issued a permit pursuant to these regulations.

4.3No person shall operate an establishment for the practice of Bodywork unless first
having been issued a permit required pursuant to these regulations.

4.4 No person shall conduct solely off-premises business unless first having been issued
an off-premises business permit required pursuant to these regulations. An
establishment permit shall not be required for a professional practitioner or
student/apprentice practitioner conducting solely off-premises business.

4.5 A permit issued to the operator of an establishment or a permit or permit issued to a
professional or student/apprentice practitioner of bodywork or a permit issued to
conduct solely off-premises business is not transferable to another location or person.

4.6 All permits must be renewed by December 31.

4.7 No practitioner or instructor of bodywork shall engage in the practice of bodywork in
the Town of Wakefield on a temporary basis unless first having been issued a
temporary permit required pursuant to these regulations. A temporary permit shall be required for practitioners participating at events including but not limited to sports events and bodywork training events. No establishment permit shall be required for the setting of said event.

4.7.1 Such temporary permits shall be obtained by the individual practitioner or

his/her behalf by training facility or school or an institution (e.g. Boston Marathon).

V. EXCEPTIONS AND EXCLUSIONS:

5.1Practitioner: These regulations shall not apply to the following individuals while engaged in the regular performance of the duties of their respective professions:

A. Physicians, chiropractors, osteopaths, occupational practitioners or physical

practitioners who are duly permitted to practice their respective professions in the

Commonwealth of Massachusetts.

1. Athletic trainers duly permitted under the laws of the Commonwealth of

Massachusetts.

C. Nurses who are registered or permitted under the laws of the Commonwealth of

Massachusetts.

1. Barbers and beauticians who are duly registered under the laws of the

Commonwealth of Massachusetts, except that this exemption shall apply solely to the massage of the neck, face, scalp, and hair of the customer or client for cosmetic or beautifying purposes.

E. An acupuncturist duly permitted under the laws of the Commonwealth of

Massachusetts.

1. Teachers of the Alexander Technique.
   
2. Persons permitted to practice massage by the Commonwealth of Massachusetts.
   
3. Establishment: These regulations shall not apply to hospitals, nursing homes, convalescent homes, home health agencies or other institutions similarly permitted by the Commonwealth of Massachusetts, bodywork practitioners working in such institutions within the city/town are required to obtain a permit or permit as provided herein unless excluded under Section 5.1.

5.3 Student/Apprentice: A student or apprentice of bodywork who is gaining experience at a training facility or school for the purpose of meeting curriculum requirements and who is under the instruction of a permitted professional practitioner present in the training facility or school shall not be required to obtain a student/apprentice practitioner permit.

VI. APPLICATION AND RENEWAL PROCEDURE FOR PERMIT OF

PROFESSIONAL PRACTITIONER OF BODYWORK

No person shall be permitted to practice as a professional practitioner of bodywork in the Town of Wakefield unless he/she meets the following requirements:

6.1Submit to the Wakefield Board of Health a complete application form as
supplied by the Board of Health. False statements in said application shall be
grounds for denial or revocation of a permit.

6.2 Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification. One form must include a photograph such as a valid state driver’s permit with photo, a state identification card with photo, and/or a valid passport. The second form of identification may be a certified long-form birth certificate, certified record of marriage, certified copy of Social Security Card, or other government-issued photo identification.

6.3Submit one face-front photograph at least two (2) inches in size taken within one year prior to the submission of the application.

6.4Submit a form authorizing the Town of Wakefield or a contracted third party to conduct a Criminal Offender Record Information (CORI) inquiry and a Sex Offender Registry Information (SORI) inquiry, and to report the results of those inquiries to the Wakefield Health Department. All responses to the record checks shall be kept confidential. By signing the application or renewal form, the applicant gives authorization to the Town of Wakefield or its contracted third party to run a CORI/SORI background check, which will consist of the information pertaining to all convictions, non-convictions, and pending criminal case information. CORI and SORI checks may be conducted in all states in which the applicant has resided within the last ten (10) years.

6.5The applicant shall disclose the circumstances surrounding any of the following convictions or permit revocations:
1. Disclosure of any conviction for any sexual-related offense, including prostitution
or sexual misconduct.

2. Disclosure of any conviction of any misdemeanor or felony occurring within the past ten (10) years.

3. Disclosure of open criminal charges that are pending judicial action.

4. Revocation, suspension or denial of a permit to practice bodywork or massage issued by any state, county, or municipality.

5. Loss or restriction of any licensure or certification by any municipality or other jurisdiction for any reason.

6.6The Wakefield Police and Health Departments shall determine whether an applicant’s conduct, criminal or otherwise, shall disqualify that person from obtaining a permit. Any convictions or permit revocation as outlined in Section 5.6 shall result in an automatic denial of the application.

6.7Applicants must identify the name(s) of the permitted establishment(s) where he or she will practice bodywork therapy.

6.8Applicants shall obtain a healthcare provider’s letter dated no earlier than six months prior to the submittal of the application stating that the applicant has a physical examination and to the best of their knowledge is up-to-date with the current MA Department of Public Health’s recommended adult immunizations and free from communicable diseases or condition that may be transmitted due to close physical contact.

6.9Agree to follow all rules and regulations specified herein and conduct him/herself in accordance with the standards of practice and ethical guidelines of his/her state or national professional association or institute.Professional practitioners shall not misrepresent their training, experience, credentials or title.

6.10File an application for renewal not less than thirty (30) days prior to the expiration of
his/her permit.

VII. APPLICATION AND RENEWAL REQUIREMENTS FOR PERMIT OF AN ESTABLISHMENT

7.1Every operator of an establishment for the giving of bodyworkshall meet the
following requirements:

A. Submit to the Wakefield Board of Health a completed application form containing all information therein requested. False statements in said application shall be grounds for revocation or denial of a permit.

B. Notify the Wakefield Board of Health at least fourteen (14) days prior to any

change of name, address, or ownership.

C. Operate only under the same or designation specified on the permit or a change thereto as pursuant to paragraph B of this section.

D. Employ or cause to be employed as a bodywork movement

education practitioner(s) only a person(s) who has(have) a permit(s) or permit(s) for the practice of bodywork; from the Wakefield Board of Health.

1. Perform or allow to be performed no illegal act on the premises. A violation of

section may be grounds for revocation, suspension or modification of the bodywork establishment permit.

1. Operate no x-ray, fluoroscope, diathermy or other similar equipment unless

permitted by the Commonwealth of Massachusetts to practice a profession requiring the use of such equipment.

G..Provide that all rooms used for bodywork be clean and easily cleanable, well lighted, adequately ventilated and properly heated in accordance with local and/or state regulations.

HMaintain all areas of the establishment, including the furniture and equipment

therein, in sanitary condition at all times. All bodywork table, mattresses, etc.
shall be easily cleanable. All surfaces used for bodywork; shall be properly
cleaned and sanitized after each bodywork session.

I.Clean and sanitize after each use all robes, sheet, towels, etc. supplied by the

establishment which may come in direct contact with the body. Single service items are acceptable, and shall only be used once.

J.Display in a conspicuous place the current permit of the establishment and current permits or permit of all bodywork practitioners conducting bodywork therein.

K. Notify the Board of Health if an individual changes employment venues.

1. File an application for renewal not less than thirty (30) days prior to the expiration of the establishment permit, whereupon the existing permit shall not expire until the Wakefield Board of health has finally determined the renewal application’s status.

7.2A practitioner who has been issued an establishment permit shall be allowed

to conduct off premises business according to the requirements of these regulations. The practitioner shall carry his/her permit and establishment permit when conducting off-premises business.

VIII. APPLICATION PROCEDURE FOR PERMIT OF STUDENT/APPRENTICE

PRACTITIONER OF BODYWORK

No person shall be granted a student/practitioner permit to practice Bodywork in the
Town of Wakefield unless he/she meets the following requirements:

8.1 Submit to theWakefield Board of Health a completed application form as supplied

by the Board of Health. False statements in said application shall be grounds for denial or revocation of a permit.

8.2 Provide satisfactory evidence that the applicant is eighteen (18) years of age or

older, by presenting two forms of positive identification or a valid passport.

8.3 Submit one fact-front photograph at least two (2) inches by (2) inches in size

taken within thirty (30) days prior to the submission of the application.

8.4 File an application for renewal not less than thirty (30) days prior to the expiration

of his/her permit.

IX. APPLICATION PROCEDURE FOR PERMIT OF SOLELY OFF-PREMISES BUSINESS

Every operator of a solely off-premises business shall meet the following requirements:

9.1 Submit to the Wakefield Board of Health a completed application form containing all

information therein requested. False statements in said application shall be grounds for

revocation or denial of a permit.

9.2 Agree to meet all the requirements set forth in Section VI: 6.1 E, F, G, K and 6.2 A,
B, C and D.

9.3Carry his/her practitioner permit or permit and off-premises business permit when

conducting off-premises business.

9.4Notify the Wakefield Board of Health within 14 days of names and addresses of

locations (except private homes) of off-premises business once business has become frequent (i.e., 10 or more sessions over a six (6) month period.)

9.5File an application for renewal not less than thirty (30) days prior to the expiration of the

permit, whereupon the existing permit shall not expire until the Wakefield Board of Health has finally determined the renewal application’s status.

X. APPLICATION PROCEDURE FOR TEMPORARY PERMIT OF PROFESSIONAL OR

STUDENT/APPRENTICE PRACTITIONER OF BODYWORK;

No person shall practice bodywork on a temporary basis in the Town of Wakefield unless he/she meets the following requirements:

10.1Submit to the Wakefield Board of Health a completed application form supplying all

information therein requested. This form shall be completed by the individual practitioner on his/her own behalf or by an agent of the temporary event on behalf of the participating practitioner(s).

10.2Perform or allow to be performed no illegal act on the premises of the temporary event.

10.3 Maintain hygienic practices to the greatest degree allowed by the conditions of the

temporary event.

10.4 Agree to follow all rules and regulations specified herein and conduct him/herself in

accordance with the standards for practice and ethical guidelines of his/her professional association or institute named herein.

10.5Student/apprentice practitioners who practice in a Massachusetts city or town that does

not require a permit or a student/apprentice practitioners from out of state shall not qualify for a temporary permit.

XI. COLONIC HYDROTHERAPY

A bodyworkpermit does not qualify the practitioner to practice Colonic Hydrotherapy.

XII. CONDITIONS OF BODYWORK PERMIT

12.1 No bodywork practitioner shall perform services if either the practitioner or patron has a communicable disease or exhibits any skin fungus, skin infection, skin inflammation, or skin eruption.

12.2 Bodywork practitioners must wash their hands with soap and hot water immediately before and after administering services to any person.

12.4 Practitioners must maintain a sufficient level of personal cleanliness and be clothed in clean and professional attire.

12.5 Patrons must be clothed.

12.6 Practitioners may not perform services they are not specifically permitted to perform.

12.7 Practitioners may not administer treatment to a person younger than 18 years of age without written parental/guardian permission.

12.8 Practitioners may not use, or allow patrons to use alcoholic beverages, illegal drugs, or controlled substances on the permitted premises.

XIII. PERMIT OR PERMIT REVOCATION, SUSPENSION OR MODIFICATION AND

APPEALS

13.1 The Board of Health may suspend, revoke or modify a professional practitioner or

establishment or temporary permit of a student/apprentice practitioner or off-premises

business permit for any violation of these rules and regulations or for the performance of

any illegal act on the premises by serving an order in writing to the person(s) responsible

for the violation.

13.2 The person(s) to whom an order has been served may request a hearing before the Board

of Health within 7 days after the day the order was served. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than thirty (30) days after the day on which the order was served. The thirty (30) day period may be extended if, in the opinion of the Board of Health, the petitioner has submitted a good and sufficient reason for such postponement.

13.3At the hearing, the petitioner shall be given an opportunity to be heard and to show why

the order should be modified or withdrawn. After the hearing, the Board of Health shall sustain, modify or withdraw the order and shall inform the petitioner in writing of this decision.

XIV ENFORCEMENT

14.1 The Board of Health and its agent(s) may enter the establishment at any time it is open
for business.

14.2 The owner of the business shall be available to be contacted by the Board of Health or
its agent(s) at any time.

14.3 The establishment will be inspected at least one time per calendar year.