PRINTER'S NO. 2208
No. 1810 Session of 1977
INTRODUCED BY ZEARFOSS, LYNCH, FREIND, STAPLETON, O'KEEFE,
CIANCIULLI, GIAMMARCO, A. K. HUTCHINSON, McCALL, PETRARCA,
SCHMITT AND VROON, OCTOBER 27, 1977
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 27, 1977
AN ACT
1 To define and regulate the practice of massage; to create a
2 board of massage and prescribe its duties and functions; to
3 require licensing of myomassologists and massage
4 establishments and provide for the disposition of license
5 fees; and to prescribe penalties.
6 TABLE OF CONTENTS
7 Section 1. Title.
8 Section 2. Definitions.
9 Section 3. State Board of Massage.
10 Section 4. Qualifications of the board.
11 Section 5. Duties and responsibilities of the board.
12 Section 6. Duties and responsibilities of the Department
13 of State.
14 Section 7. Qualifications for licenses.
15 Section 8. Grandfather clause.
16 Section 9. Qualifications for manager's - instructor's
17 licenses.
18 Section 10. Myomassology instruction and schools.
1 Section 11. Massage establishments.
2 Section 12. Massage establishments ethics, sanitation,
3 attire and equipment.
4 Section 13. Limitations and inspection of massage
5 establishments.
6 Section 14. Applications and fees for licenses for
7 myomassologists.
8 Section 15. Applications and fees for licenses for massage
9 establishments.
10 Section 16. Licenses.
11 Section 17. Grounds for revocation of licenses.
12 Section 18. Notice of charges and hearings.
13 Section 19. Penalties.
14 Section 20. Reinstatement of licenses.
15 Section 21. Unlicensed myomassologists or massage
16 establishments.
17 Section 22. Reciprocity.
18 Section 23. Exceptions.
19 Section 24. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Title.
23 This act shall be known as the "Myomassologists Licensing
24 Act."
25 Section 2. Definitions.
26 The following words and phrases when used in this act shall
27 have, unless the context clearly indicates otherwise, the
28 meanings given to them in this section:
29 "Board." The Board of Massage.
30 "Department." The Department of State.
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1 "Instructor." A person who is a licensed myomassologist and
2 teaches in a school of massage.
3 "Manager." A person who is a licensed myomassologist for at
4 least five years and has passed the examinations prescribed by
5 the board for the management of a massage establishment.
6 "Massage establishment." A building, room, place or
7 establishment, other than a regularly licensed hospital or
8 dispensary, where body massage is regularly practiced on the
9 human body, for other than cosmetic or beautifying purposes,
10 with or without the use of nonpowered mechanical or bathing
11 devices.
12 "Myomassologist." A person who offers his or her services
13 for hire in the practice of massage.
14 "Owner." A person, partnership, corporation or other entity
15 which conducts or owns a massage establishment with licensed
16 myomassologists.
17 "Practice of massage." The scientific art of body massage,
18 whether by hand or with a nonpowered mechanical or electrical
19 apparatus, for the purpose of body massage or contouring; and
20 the use of oil rubs, salt glows, hot and cold packs and baths.
21 "Public member." A person who is not, or never was, a member
22 of the profession or occupation being licensed or regulated or
23 the spouse of any such person, or a person who does not have, or
24 never has had, a material financial interest in either the
25 providing of the professional service being licensed or
26 regulated or an activity directly related to the profession or
27 occupation being licensed or regulated.
28 "Public school." A building, room, place or establishment
29 within the standards of the Department of Education where the
30 theory of myomassology is taught.
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1 "Student." A person who has attained the age of 18 and is
2 engaged in the study of myomassology.
3 Section 3. State Board of Massage.
4 (a) The State Board of Massage is created within the
5 department and consists of seven members and two ex-officio
6 members, who have been residents of the State for at least five
7 years. The members shall be appointed by the Governor within 60
8 days after the effective date of this act with the advice and
9 consent of the Senate. Four members of the board shall have a
10 minimum of five years of experience in the practice of massage.
11 The board shall consist of: four myomassologists, one licensed
12 medical doctor, one doctor of osteopathy and one registered
13 nurse; one public member and the Commissioner of Professional
14 and Occupational Affairs shall serve on the board as ex-officio
15 members without vote.
16 (b) The members of the initial board shall be appointed as
17 follows: three for a term of one year, three for a term of two
18 years and one for a term of three years.
19 Section 4. Qualifications of the board.
20 (a) Members of the board shall qualify by taking and filing
21 the constitutional oath of office with the Secretary of State,
22 and shall hold office until appointment and qualification of
23 their successors. Vacancies shall be filled for the balance of
24 an unexpired term in the same manner as the original
25 appointment. The Governor may remove a member of the board for
26 misfeasance, malfeasance, or nonfeasance in office, after a
27 hearing on written charges.
28 (b) Members of the board shall receive expenses incurred in
29 the performance of their official duties.
30 Section 5. Duties and responsibilities of the board.
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1 (a) The board shall administer the licensing of applicants
2 as myomassologists, issue certificates of licensing as set forth
3 in section 16, revoke certificates of licenses as set forth in
4 sections 17 and 19, and will be responsible for the
5 administration and enforcement of this act not inconsistent with
6 the constitution and the laws of this State, which may be
7 reasonably necessary for the proper performance of its duties,
8 including methods of procedure and practice before the board.
9 (b) The board shall hold an organizational meeting within 30
10 days of their appointment and be prepared to carry out their
11 duties within 60 days after their appointment and, thereafter,
12 shall hold at least four regular meetings each calendar year.
13 The board shall elect annually a chairman and a vice chairman.
14 Special meetings may be called by the chairman to process
15 applications numbering in excess of 20, to hear charges against
16 licensed myomassologists, or if there is sufficient business to
17 justify a special meeting. A majority vote of the quorum of the
18 board shall be necessary for a decision.
19 (c) Board members may not delegate their authority or vote
20 by proxy.
21 (d) All board meetings shall be recorded by a qualified
22 stenotypist supplied by the department.
23 (e) The records of the board shall be prima facie evidence
24 of the proceedings of the board set forth therein, and a
25 transcript thereof, duly prepared by the secretary of the
26 department, shall be admissible evidence with the same force and
27 effect as if the original were produced.
28 Section 6. Duties and responsibilities of the Department of
29 State.
30 The department shall have charge of the offices of the board
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1 and of its records and moneys collected, shall supervise all
2 necessary administrative work of the board, and shall perform
3 the duties usually appertaining to such offices.
4 Section 7. Qualifications for licenses.
5 A person applying for licensing as a myomassologist under
6 this act shall:
7 (1) Submit notarized statements from two persons who are
8 not related to the applicant, or have ever had any interest
9 in or connection with any massage establishment, and who have
10 been residing in the county for not less than five years,
11 attesting to the applicant's good character and moral
12 conduct.
13 (2) Submit notarized references from two of their
14 present patrons of not less than one year (if applicable),
15 attesting to the applicant's professional competence.
16 (3) Submit a doctor's certificate of health stating that
17 the applicant is free of all contagious diseases.
18 (4) Submit a nonrefundable examination fee of $50.
19 (5) Pass a written and practical examination as
20 prescribed by the board, except as provided in section 8. The
21 applicant shall be notified of his or her score on the
22 examination and be afforded a review of the examination
23 results. If a person fails the examination they may retake
24 the examination when it is next scheduled.
25 (6) Not advertise that the practice of massage will
26 arrest or cure any illness or disease.
27 (7) Not diagnose, prescribe treatment or dispense drugs.
28 (8) Shall have attained the age of 18.
29 Section 8. Grandfather clause.
30 A person who has been active in the practice of massage
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1 continuously for five years prior to the effective date of this
2 act, shall be entitled to a license to practice upon passing a
3 practical examination and paying an examination fee of $25.
4 Section 9. Qualifications for manager's - instructor's
5 licenses.
6 (a) To obtain a manager's license a person must be a
7 licensed myomassologist, practicing for not less than five
8 years, pass an examination as prescribed by the board for the
9 management of a massage establishment, and pay an examination
10 fee of $50.
11 (b) To obtain an instructor's license a person must be a
12 licensed myomassologist with at least five years of experience
13 in professional massage, pass an examination given in accordance
14 with the rules of the board and pay an examination fee of $50.
15 Section 10. Myomassology instruction and schools.
16 (a) "School of massage" as used in this section means a
17 school which is recognized by the board, which requires for
18 admission students with at least a twelfth-grade education or
19 its equivalent; which employs one or more competent
20 myomassologist' instructors, and which has a minimum requirement
21 of 600 hours in a continuous course of basic study and practical
22 massage training. This shall consist of the study of anatomy,
23 physiology, massage theory, hydrotherapy, hygiene, ethics and
24 practical massage, which courses of study and training are
25 approved by the board.
26 (b) Any student, 18 years or over, with at least a twelfth-
27 grade education or its equivalent, may become an apprentice in a
28 massage establishment of which the owner is a licensed
29 instructor and must have a curriculum including the study of
30 anatomy, physiology, massage theory, hydrotherapy, hygiene,
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1 ethics and practical massage, which courses are approved by the
2 board. The apprenticeship shall not be less than 18 months and
3 not more than 24 months.
4 (c) A student shall have attained the age of 18, have at
5 least a twelfth-grade education or its equivalent, register with
6 the State Board of Massage and submit notarized statements from
7 two persons who are not related to the applicant, or have ever
8 been connected with any massage establishment, and who have been
9 residing in the county for not less than five years, attesting
10 to the applicant's good character and moral conduct.
11 (d) An instructor shall have five years of experience in
12 professional massage and pass an examination given in accordance
13 with the rules of the board. An instructor or person affiliated
14 with a school directly or indirectly may not serve on the board.
15 (e) A student may practice massage on the general public
16 only in the presence of a licensed instructor and if the patron
17 is aware of the fact that he is being treated by a student.
18 Section 11. Massage establishments.
19 (a) A licensed myomassologist, employing no more than two
20 operators, may manage his or her own establishment, however, he
21 or she is subject to the same fines and penalties as specified
22 in section 19.
23 (b) A partnership or corporation contemplating a service in
24 massage must first secure a licensed myomassologist' manager.
25 (c) The partnership or corporation must notify the board and
26 the department within 24 hours of any termination or change of
27 management.
28 (d) The manager of a massage establishment is responsible
29 for:
30 (1) The prominent display of all myomassologists'
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1 current licenses, as well as the establishment's current
2 license.
3 (2) Ethical business practices and services performed on
4 the premises.
5 (3) Sanitation and hygiene in accordance with the
6 Department of Health.
7 (4) The maintenance of professional confidences. This
8 excludes the use of any type of recording device, wire-
9 tapping, peep holes, etc.
10 (5) Notifying the board and the department within 24
11 hours of termination or change in management.
12 (e) The partnership or corporation cannot terminate a
13 manager's contract for complying with the provisions of this
14 act.
15 (f) A manager may sue the employees of a massage
16 establishment for coercion.
17 (g) Treatment fees should be appropriate with the services
18 given and a list of all fees must be prominently displayed.
19 Section 12. Massage establishments ethics, sanitation, attire
20 and equipment.
21 (a) Patrons are to be treated on a professional massage
22 table covered with a clean sheet and must be covered with
23 another clean sheet and a light blanket to prevent chills.
24 (b) Only the part of the body being treated may be exposed.
25 The modesty of the patron must be considered at all times.
26 (c) The premises must be kept clean and sanitary at all
27 times.
28 (d) All employees of a massage establishment must be attired
29 in professional clothing (knee-length uniforms, pants suits or
30 smocks and pants, of nontransparent material).
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1 (e) All equipment must be periodically checked for soundness
2 and safety.
3 (f) Massage establishments must be well-lit (nonglare) and
4 ventilated with the exception of the treatment rooms where the
5 lighting should be soft.
6 Section 13. Limitations and inspection of massage
7 establishments.
8 (a) A massage establishment shall not advertise that the
9 practice of massage will arrest or cure any illness or disease.
10 (b) The department may visit and enter a massage
11 establishment or school during business hours for the purpose of
12 inspection, examining records, and seeing that the massage
13 establishment or school is complying with the laws of this State
14 and the rules of the board.
15 (c) Service in a massage establishment shall be limited to
16 exercise, baths, and massage and items related to the practice
17 of massage. Medical treatment shall not be given to a patron.
18 Section 14. Applications and fees for licenses for
19 myomassologists.
20 (a) An application for a license shall be on a form provided
21 by the department, and shall contain statements made under oath,
22 showing the applicant's full legal name and any nicknames or
23 aliases previously used, and a summary of the applicant's
24 education and professional work (if applicable). The initial
25 license fee for one year will be $35.
26 (b) The department shall notify every person licensed under
27 this act of the date of expiration of his or her license. The
28 notice shall be mailed to the last address on file with the
29 executive secretary, and not forwarded, at least 45 days before
30 the expiration date of the license.
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1 (c) An application for renewal shall be made before March 1,
2 on a form to be supplied by the department and a license renewal
3 fee of $25 is required. The renewal application must be
4 accompanied by a doctor's certificate of health.
5 Section 15. Applications and fees for licenses for massage
6 establishments.
7 (a) An application for an establishment license shall be on
8 a form provided by the department and shall contain statements
9 made under oath showing the summary of the myomassologist'
10 manager's education and professional work.
11 (b) Individually owned establishments, with a minimum of two
12 employees, must pay a yearly license fee of $50. An additional
13 yearly fee of $50 must be paid before each employee, over the
14 original two, are allowed to practice.
15 (c) A partnership or corporation must pay a yearly license
16 fee of $200. An additional yearly fee of $50 must be paid for
17 each employee over four.
18 Section 16. Licenses.
19 (a) The board shall issue a license upon payment of the
20 license fee, as provided for in this act, to an applicant who
21 satisfactorily meets the requirements of this act. The license
22 shall show the full name of the licensee and shall have a serial
23 number.
24 (b) The board may not issue a license to any partnership or
25 corporation who has as one of its members a person who has been
26 found guilty pursuant to section 17(a)(3).
27 Section 17. Grounds for revocation of licenses.
28 (a) The board may revoke or suspend the license of a
29 myomassologist or massage establishment who is found guilty by
30 the board of:
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1 (1) Practice of fraud or deceit in obtaining a license.
2 (2) Negligence or incompetence in the performance of his
3 or her work.
4 (3) Misconduct and/or unethical massage procedures.
5 (4) Advertising by means of false or deceptive
6 statements.
7 (5) Failure to comply with the rules as promulgated by
8 the board, after consultation with the Department of Health.
9 (b) A person may prefer charges under this section against a
10 myomassologist or massage establishment. The charges must be in
11 writing and must be sworn to by the person making the charges
12 and must be filed with the board and the department within a
13 reasonable length of time of the incident stated in the charges.
14 Section 18. Notice of charges and hearings.
15 (a) Unless dismissed by the board as unfounded, charges
16 shall be heard by the board within a reasonable time after the
17 date on which they are made.
18 (b) The time and place for the hearing shall be fixed by the
19 board and a copy of the charges, together with a notice of time
20 and place of hearing, shall be personally served on or mailed by
21 certified mail with return receipt requested to the last known
22 address of the licensee, at least 30 days before the date fixed
23 for the hearing. At a hearing the person making the charges
24 shall be present. The accused licensee shall have the right to
25 appear personally and be represented by counsel of his choice,
26 to cross-examine witnesses appearing against him, and to produce
27 evidence and witnesses in his own defense.
28 Section 19. Penalties.
29 (a) If, after the hearing, four or more members of the board
30 vote in favor of finding a violation of this act, the board
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1 shall suspend the license of the person who may be subject to a
2 fine.
3 (b) Any person found guilty of violating section 17(a)(3)
4 shall have their license permanently revoked and be subject to
5 pay a fine of $1,000, one month in jail, or both.
6 (c) For the first offense, if a massage establishment is
7 found guilty of violations of section 17(a)(1),(2),(4) or (5),
8 the owner, each partner, each member of the corporation and the
9 manager are liable to a fine of $1,000, a month in jail or both.
10 If convicted of a second offense pursuant to the above mentioned
11 clauses, the license of the massage establishment will be
12 suspended for not more than one month and the establishment must
13 pay a fine of $5,000.
14 (d) If a massage establishment is found guilty of violating
15 section 17(a)(3), it will result in permanent revocation of
16 their license, a fine of $25,000, and one year in jail, for the
17 owner, each partner, each member of the corporation and the
18 manager.
19 (e) If a person, either individually or in association with
20 a partner or with a corporation, obtains a license concealing
21 the fact that he or she has been found guilty of violating
22 section 17(a)(3), they will be subject to a fine of $10,000, as
23 will each member or partner of the corporation and the manager.
24 Section 20. Reinstatement of licenses.
25 (a) The board may reissue a license to a person whose
26 license was suspended or revoked if five or more members of the
27 board vote in favor of the reissuance and all penalties have
28 been paid, except as specified in section 19(b) and (d).
29 (b) The board may reinstate the license of a massage
30 establishment if five or more members of the board are in favor
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1 of reissuance and after all penalties have been paid, except as
2 specified in section 19(d).
3 Section 21. Unlicensed myomassologists or massage
4 establishments.
5 (a) A person who, after the effective date of this act,
6 operates as a myomassologist in this State when he or she is in
7 fact not a licensed myomassologist, or who uses as his or her
8 own the license of another, or who uses an expired or revoked
9 license is guilty of a misdemeanor, and shall be punished by a
10 fine of not more than $500, or imprisoned for not more than 90
11 days, or both.
12 (b) A person who is convicted a second time of violating
13 this act is guilty of a misdemeanor, and shall be punished by a
14 fine of not more than $1,000, or imprisoned for not more than
15 one year, or both.
16 Section 22. Reciprocity.
17 Upon application, proof of examination, and the payment of
18 the license and examination fees as provided in this act, the
19 board shall issue a license as a myomassologist to a person
20 licensed in a state, or territory or possession of the United
21 States if the requirements for licensing under which the license
22 was issued do not conflict with the provisions of this act and
23 are of a standard not less restrictive than that specified in
24 this act, and if equal reciprocal privileges are granted to
25 licensees of this State.
26 Section 23. Exceptions.
27 A person who is licensed pursuant to another act which
28 permits the practice of massage, is exempt from this act.
29 Section 24. Effective date.
30 This act shall take effect in 90 days.
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