PRINTER'S NO. 3597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2899
Session of
2022
INTRODUCED BY WEBSTER, BURGOS, KINSEY, N. NELSON, McNEILL,
DELLOSO, SCHLOSSBERG, SANCHEZ, MADDEN AND CIRESI,
OCTOBER 25, 2022
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 25, 2022
AN ACT
Providing for the licensure of bodywork facilities; imposing
powers and duties on the Department of State; and prescribing
penalties.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Licenses required.
Section 4. Administrative duties.
Section 5. Application for license.
Section 6. Background checks.
Section 7. Issuance and denial.
Section 8. Temporary license.
Section 9. Prohibitions.
Section 10. Requirements.
Section 11. Inspections.
Section 12. Suspension and revocation of licenses.
Section 13. Forfeiture.
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Section 14. Practice of bodywork on minors.
Section 15. Victims services.
Section 16. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Bodywork
Facilities Regulation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advertise" or "advertising." The public promotion of a
service, by use of printed media, the Internet or other
advertising method or medium, to attract and encourage
individuals to engage, purchase or use the service referenced in
the content of the advertisement.
"Applicant." An individual or entity acting on the behalf of
a bodywork facility to apply for a license. If the applicant is
an entity, the term includes each individual officer, director,
manager, partner, member, principal owner and any person with at
least a 1% financial interest in the entity.
"Bodywork facility." A place of business where the human
body is manipulated through touch or pressure, where the
practice of massage and bodywork is conducted on the premises of
the business or that represents itself to the public by a title
or description of services incorporating the words "bodywork,"
"massage," "massage therapy," "massage practitioner,"
"massagist," "masseur" or "masseuse" or other term or modality
or an image or photograph depicting such activity or service.
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The term includes, but is not necessarily limited to:
acupressure, chair massage, craniosacral therapy, deep tissue
massage therapy, Hellerwork, manual lymphatic drainage, massage
therapy, myofascial release therapy, neuromuscular therapy,
Process Acupressure, Rolfing, shiatsu, Swedish massage therapy,
Trager, visceral manipulation, massage, Asian bodywork therapy,
biodynamic craniosacral therapy, Jin Shin Do Bodymind
Acupressure, polarity, polarity bodywork, Polarity Therapy
bodywork, qigong, Reiki, tuina, Rolfing Structural Integration,
Feldenkrais method of somatic education, Trager approach to
movement education, body-mind centering, ortho-bionomy and
reflexology. The term does not include an activity that takes
place in any of the following, except that parental consent and
rights under section 14 shall apply to the following when a
minor receives a bodywork service:
(1) A training room of a public or private school
accredited by the Department of Education.
(2) A training room of a recognized professional or
amateur athletic team.
(3) An office, clinic or other facility at which medical
professionals licensed by the Commonwealth provide bodywork
to the public in the ordinary course of their medical
profession.
(4) A medical facility licensed by the Commonwealth.
(5) A place of business where a licensed massage
therapist or other bodywork practitioner works as a solo
practitioner and complies with all of the requirements of
this act and:
(i) does not use a business name or assumed name; or
(ii) uses a business name or an assumed name, but
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also provides the practitioner's full name or license
number in each advertisement and each time the business
name or assumed name appears in writing.
(6) A premises where a person exclusively practices
techniques that:
(i) do not involve contact with the body of the
client; or
(ii) involve resting the hands on the surface of the
client's body without delivering pressure to or
manipulation of the soft tissues.
(7) A premises where services such as the topical
application of products to the skin for beautification
purposes are not considered to be bodywork, as long as the
services do not involve direct manipulation of the soft
tissues of the body.
"Bureau." The Bureau of Professional and Occupational
Affairs in the department.
"Client." An individual who enters into an agreement for
services for a fee, income or compensation of any kind in this
Commonwealth.
"Department." The Department of State of the Commonwealth.
"Dormitory." A location in a massage establishment, other
than a residence, where there are signs that individuals live
there or are engaged in communal sleeping, including beds,
mattresses or cots.
"Employee." An individual who performs a service at a
bodywork facility on a full-time, part-time or contract basis
whether or not the individual is designated as an employee,
independent contractor or otherwise. The term does not include
an individual who is exclusively engaged in the repair or
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maintenance of a bodywork facility or delivers goods to a
licensee.
"Illicit bodywork facility." A facility that entices clients
through advertising or other business practices directed toward
sexual desires.
"Licensee." A person licensed under this act.
"Manager." An individual authorized by the licensee to
exercise overall operational control of the business, supervise
employees or fulfill a function required of a manager under this
act.
"Massage therapist." An individual licensed by the State
Board of Massage Therapy to practice massage therapy.
"Massage therapy." The application of a system of structured
touch, pressure, movement, holding and treatment of the soft
tissue manifestations of the human body in which the primary
intent is to enhance the health and well-being of the client
without limitation, except as provided in this act. The term
includes the external application of water, heat, cold,
lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electro-mechanical
devices that mimic or enhance the action of the massage
techniques. The term does not include:
(1) the diagnosis or treatment of impairment, illness,
disease or disability;
(2) a medical procedure;
(3) a chiropractic manipulation, adjustment, physical
therapy mobilization or manual therapy;
(4) therapeutic exercise;
(5) electrical stimulation;
(6) ultrasound; or
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(7) prescription of medicines for which a license to
practice medicine, chiropractic, physical therapy,
occupational therapy, podiatry or other practice of the
healing arts is required by law.
"Place of business." An office, clinic, facility, salon, spa
establishment or other location where a person engages in the
practice of massage or bodywork. The term does not include the
residence of a therapist or an out-call location not owned,
rented or leased by a bodywork practitioner or bodywork
facility, unless the location is advertised as the bodywork
practitioner's or bodywork facility's place of business.
"Spa establishment." A commercial facility that offers or
engages in personal services that require a patron to disrobe or
includes body wraps, hydro-mineral wraps, body polish, body
wash, bath and hydrotherapy tub soak.
"Table shower." An apparatus for the bathing or massaging of
a person on a table or in a tub. The term includes a Vichy
shower.
Section 3. Licenses required.
(a) Facility license.--To operate a bodywork facility in
this Commonwealth, the facility must have a valid bodywork
facility license under this act.
(b) Manager license.--To manage a licensed bodywork facility
in this Commonwealth, the manager must have a valid manager
license under this act.
(c) Table shower license.--To operate or maintain a table
shower on or about a licensed premises, the licensee must have a
valid table shower license under this act.
Section 4. Administrative duties.
(a) Duty of bureau.--The bureau may issue, deny, suspend,
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revoke or take other administrative action to ensure compliance
with this act and may promulgate rules and regulations in
accordance with this act.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this act, the bureau shall transmit
notice of temporary regulations regarding the implementation of
this act to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin within 120 days of the effective date
of this section. Temporary regulations are not subject to the
following:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Section 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--The temporary regulations under subsection
(b) shall expire no later than 24 months following the
publication of the temporary regulations. Regulations adopted
after the 24-month expiration date shall be promulgated as
provided by law.
(d) Final regulations.--Within 24 months of the effective
date of this section, the bureau shall submit final regulations
to the department.
Section 5. Application for license.
(a) Bodywork facility license.--An application for a
bodywork facility license shall include the following
information:
(1) If an individual, the age of the applicant.
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(2) The name, address, telephone number and Social
Security number of each owner and director. If the applicant
is an entity, the applicant shall include the name, address,
telephone number and Social Security number of each
individual officer, director, manager, partner, member,
principal owner and any person with at least 1% financial
interest in the entity. The applicant shall include the
Federal Employee Identification Number and contact
information for an accountant, attorney or registered agent
of the entity.
(3) Information pertaining to convictions or pleas of
nolo contendere to a felony or misdemeanor in a Federal,
state or municipal court in the United States involving
prostitution, solicitation of prostitution, fraud, theft,
embezzlement, money laundering, assault, sexual assault,
crimes against children or human trafficking. Failure to
disclose a criminal conviction may result in denial of the
license application.
(4) Information pertaining to a similar previously
denied, suspended or revoked license in this Commonwealth or
other jurisdiction in the United States. If the applicant had
a license denied, suspended or revoked previously, the
applicant must provide the name and location of the bodywork
facility and the date of the denial, suspension or
revocation.
(5) Information pertaining to whether the applicant has
been an officer, director, manager, partner, member or owner
of a legal entity that currently or previously operated a
bodywork facility and the name, dates of operation and
location of the bodywork facility.
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(6) Satisfactory proof of the applicant's ownership or
right to possession of the premises where the bodywork
facility will be operated. The applicant has a continuing
obligation to provide, if applicable, further evidence of the
right to possession of the premises.
(7) Proof of professional liability insurance.
(8) Six months of bank statements demonstrating the
source of funds for the applicant.
(9) Bank credit references for any person with at least
a 1% financial interest in the applicant.
(10) A statement of purpose that the applicant has not
been convicted of a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or of an offense under the laws of
another jurisdiction, which if committed in this
Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act, unless the
following apply:
(i) at least 10 years have elapsed from the date of
conviction; and
(ii) the applicant has made significant progress in
personal rehabilitation since the conviction and
licensure of the applicant should not be expected to
create a substantial risk of harm to the health and
safety of the applicant's clients or the public or a
substantial risk of further criminal violations.
(11) The applicant agrees that, if a license is issued
to the applicant under this subsection, the applicant will
display the license prominently on the premises.
(b) Terms of license.--
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(1) The bureau shall issue a license for a single,
identified location and the license is not assignable or
transferable.
(2) The license shall be renewed yearly or at any time a
change in ownership occurs, including the change of an owner
or director from the original application.
(c) Manager license.--A licensed bodywork facility shall
have a manager who must hold a valid manager license. An
application for a manager license shall include the following
information relating to the manager:
(1) The applicant's full name, including first name,
middle name, last name and maiden name, if applicable.
(2) The name the applicant wants to appear on the
manager license, which shall be part or all of the
applicant's legal name.
(3) Current residence.
(4) Mailing address.
(5) City, state, zip code and county.
(6) Social Security number.
(7) City and state of birth.
(8) Date of birth.
(9) Telephone number, including home, mobile and
business number.
(10) Email address.
(11) Trade name or business name, if applicable.
(12) Business address.
(13) Citizenship status.
(14) Physical description, including gender, height, eye
color, race, weight and hair color.
(15) Place of residence for the previous 10 years,
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including the date, street address, city, state, zip code and
county.
(16) Professional experience for the previous 10 years,
including date, job title, type of business, hours worked per
week, employer's name, address, state, zip code, area code
and telephone number and reason for leaving, if applicable.
(17) Education, including high school, college or
university or professional education, with the name and
address of the educational institution, whether or not the
applicant was issued a certificate, diploma or degree and the
month and year of graduation.
(18) Previous or current licensure, registration or
certification in another state or territory, including state,
license, registration or certification type, license or
credential number, date issued and date of expiration.
(19) Professional affiliations and achievements.
(20) If any of the following situations has occurred,
including an explanation of the situation:
(i) The applicant was charged with, arrested for,
convicted of or plead guilty or no contest to a violation
of any law.
(ii) The applicant had a driver's license canceled,
suspended or revoked.
(iii) The applicant has pending criminal charges in
a state or jurisdiction.
(iv) The applicant violated Federal or State law
relating to bodywork or a health care profession.
(v) The applicant obtained or attempted to obtain
compensation by fraud or deceit.
(vi) The applicant was involved in a civil suit
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related to the practice of bodywork therapy or other
health care profession.
(vii) The applicant has a judgment entered against
the applicant.
(viii) The applicant was denied a license for a
health care profession.
(ix) The applicant had a license revoked or
suspended.
(x) The applicant has formal disciplinary charges
pending or action taken by a licensing board or medical
board.
(xi) If the applicant is a licensed massage
therapist, the applicant's massage therapy license
number.
(xii) If the applicant has been convicted of or pled
nolo contendere to a felony or misdemeanor in a Federal,
state or municipal court in the United States involving
prostitution, solicitation of prostitution, fraud, theft,
embezzlement, money laundering, assault, sexual assault,
crimes against children, human trafficking or domestic
violence. Failure to disclose a criminal conviction may
result in denial of the license application.
(xiii) Disciplinary action taken for violation of a
massage therapy licensure act in a jurisdiction of the
United States. The applicant shall disclose this
information whether or not the applicant is a licensed
massage therapist.
(xiv) If the applicant has been convicted of a
felony under The Controlled Substance, Drug, Device and
Cosmetic Act, or of an offense under the laws of another
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jurisdiction which, if committed in this Commonwealth,
would be a felony under The Controlled Substance, Drug,
Device and Cosmetic Act, unless at least 10 years have
elapsed from the date of conviction and the applicant
satisfactorily demonstrates:
(A) significant progress in personal
rehabilitation since the conviction; and
(B) that licensure of the applicant should not
be expected to create a substantial risk of harm to
the health and safety of the applicant's clients or
the public or a substantial risk of further criminal
violations.
(21) An attestation under oath before a notary that the
information on the application is true and complete.
(d) Submission of application and payment of fee.--The
application must be submitted to the board and contain payment
of all applicable fees and one original color photograph of the
applicant taken within six months preceding the date of the
application of sufficient quality for identification. The
photograph must be of the head and shoulders, passport type, and
two inches by two inches in size.
(e) Display of license.--The applicant shall prominently
display the license on the licensed premises. The license is
issued for a single, identified location and is not assignable
or transferable.
(f) Table shower license.--The bureau shall promulgate
regulations on the form and information required to obtain a
table shower license. The following conditions must be met:
(1) The applicant must have a license to operate the
bodywork facility and a manager license.
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(2) The table must be commercial and professional in
nature, manufactured with industrial grade materials and be
designed solely for the purpose of massage utilizing multiple
overhead spray nozzles and meeting all applicable plumbing
and accessibility codes.
(3) A massage bathtub and table must not have accessory
sprays.
(4) The facility where the table shower is being
installed must be a bona fide spa establishment that offers,
regularly conducts and markets a full range of spa services
and treatments.
(5) The facility must practice appropriate draping of
clients to include the draping of the breasts, buttocks and
genitalia of clients unless the client gives specific written
consent to being undraped.
(6) The license issued under this subsection must be
displayed prominently on the licensed premises. The license
is issued for a single, identified location and is not
assignable or transferable.
(7) The license must be renewed yearly.
Section 6. Background checks.
(a) Duty of bureau.--Prior to the issuance of a bodywork
facility license or bodywork facility's manager license, the
bureau shall transmit the application to the Pennsylvania State
Police, the Department of Human Services and the Federal Bureau
of Investigation for review and criminal history record
information.
(b) Time period for review.--The Pennsylvania State Police,
the Department of Human Services and the Federal Bureau of
Investigation shall return a report within 30 days after the
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application is submitted.
(c) Limitation.--The Pennsylvania State Police, the
Department of Human Services and the Federal Bureau of
Investigation shall provide information to the bureau and may
not approve or deny the application for a license.
Section 7. Issuance and denial.
(a) Requirements.--In order to be issued a license, an
applicant must meet the following requirements:
(1) The applicant shall be at least 18 years of age.
(2) The following may not have occurred:
(i) The applicant voluntarily surrendered a license
to practice as a massage therapist or bodywork employee
or operate a massage or bodywork facility as a result of,
or during, a criminal investigation.
(ii) A license to practice as a massage therapist or
bodywork employee or operate a massage or bodywork
facility was denied or revoked in a jurisdiction of the
United States if the underlying violation would be a
violation under this act.
(iii) The applicant is a registered sex offender or
is required by law to register as a sex offender.
(iv) The applicant has a prior conviction for an
offense under any of the following provisions:
(A) 18 Pa.C.S. § 3121 (relating to rape),
involving sexual misconduct with a child;
(B) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(C) 18 Pa.C.S. § 3123 (relating to involuntary
deviate sexual intercourse);
(D) 18 Pa.C.S. § 3124.2 (relating to
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institutional sexual assault);
(E) 18 Pa.C.S. § 3124.3 (relating to sexual
assault by sports official, volunteer or employee of
a nonprofit association); or
(F) an offense under the laws of another
jurisdiction which, if committed in this
Commonwealth, would be a felony.
(v) The applicant has convictions or pending
violations for crimes, including prostitution, operating
a prostitution enterprise, human trafficking, theft,
embezzlement or money laundering.
(3) The location of the potential bodywork facility has
not had a similar license revoked or surrendered for cause
within the last 24 months.
(4) The character, record or reputation of the
applicant, the applicant's agent and each owner or principal
owner of the applicant demonstrates that no potential
violation of this act is likely to occur if a license is
issued.
(b) Time period for review.--If the applicant meets all of
the aforementioned criteria, the bureau shall approve the
issuance of the bodywork facility or manager license within 30
days of the receipt of the completed application. If the
application is not approved during the 30-day period, the
application shall be deemed denied.
(c) Reason for denial.--The bureau shall provide a written
explanation for the denial of a license to the applicant.
Section 8. Temporary license.
(a) Bodywork facility license.--The bureau may issue a
temporary bodywork facility license upon receipt of a complete
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bodywork facility license application and applicable fees, if
the license application is in conjunction with the sale of a
licensed bodywork facility or a change in ownership of a
licensed bodywork facility.
(b) Manager license.--The bureau may issue a temporary
manager license upon receipt of a complete manager license
application and applicable fees, if the license application is
in conjunction with the sale of a licensed bodywork facility or
a change in ownership of a licensed bodywork facility.
(c) Renewal.--A temporary license issued under this section
shall be valid for 30 days, and the bureau may renew the
temporary license every 30 days until the bureau approves or
denies the application.
Section 9. Prohibitions.
A person in the business of operating a bodywork facility or
a manager or employee of the bodywork facility shall not do any
of the following:
(1) Operate a bodywork facility without a valid license
or with a license that has been suspended, revoked or
expired.
(2) Employ an individual to act as a manager at a
bodywork facility who is not licensed as a manager or a
licensed owner under this act.
(3) Be open for business for the practice of massage
therapy without a licensed massage therapist on the premises.
(4) Operate or maintain a table shower on the premises
without a valid table shower license.
(5) Permit a licensed bodywork facility to be used as a
dormitory or for housing, sheltering or harboring an
individual or as living or sleeping quarters. The owner and
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family members of a licensed facility operated as a home
occupation are exempt from this prohibition.
(6) Engage with another person or give or administer a
bath, including table shower, in a manner intended to arouse,
appeal to or gratify the sexual desire of the individual
receiving the service.
(7) Permit an employee, manager or massage therapist to
touch the genitalia of a client.
(8) Allow an employee, manager or massage therapist to
provide bodywork services without being fully clothed. During
the delivery of all services the individual delivering the
services shall wear fully opaque material that does not
expose the individual's genitalia or substantially expose the
individual's undergarments.
(9) Require client nudity as part of the bodywork
service without a client's prior written consent.
(10) Place, publish or distribute, or cause to be
placed, published or distributed, misleading or false
advertising that would reasonably suggest to prospective
clients that a service is available other than as authorized
by this act. This includes language that reasonably suggests
any other service is available.
(11) Permit a bodywork facility to advertise sexually
explicit services or engage in sexually explicit advertising.
Any such advertising will be imputed to the owner and manager
and is grounds for suspension of the bodywork facility
license and the manager license.
(12) Use, sell or possess adult-oriented merchandise,
including sex toys, sexual aids, internal lubricant or
contraceptives in any part of a licensed bodywork facility.
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The owner and family members of a licensed facility operated
as a home occupation are exempt from this prohibition insofar
as it relates to their personal and private living space.
(13) Permit an individual to engage in a sexual act in
the bodywork facility. The owner and family members of a
licensed facility operated as a home occupation are exempt
from this prohibition insofar as it relates to their personal
and private living space.
(14) Fail to immediately report to the local police
department or the Pennsylvania State Police disorderly
conduct, criminal sexual acts, assaults or other criminal
activities occurring at the licensed facility.
(15) Permit a client to make an agreement with an
employee to engage in sexual activity in any location.
(16) Conceal individuals in the bodywork facility or
refuse to provide identification to inspectors or law
enforcement, elude inspectors by exiting the bodywork
facility via doors or other exits or remain behind locked
doors in the bodywork facility during an inspection.
(17) Permit anyone to perform massage therapy unless the
individual is permitted under massage therapy law.
(18) Operate between the hours of 10:00 p.m. and 5:00
a.m.
(19) Operate an illicit bodywork facility.
(20) Operate a place of business located in a building
or structure with exterior windows facing a public street,
highway, walkway or parking area that blocks visibility into
the interior reception and waiting area through the use of
curtains, closed blinds, tints or other material that
obstructs, blurs or unreasonably darkens the view into the
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premises.
Section 10. Requirements.
(a) General rule.--A licensed bodywork facility shall:
(1) Maintain a list of employees or contractors on site
with employment start dates or contracted service dates, full
legal name, date of birth, home address, telephone number,
employment position and termination date, if applicable.
(2) Maintain a copy of each massage therapist's license
or other employee's license, if applicable.
(3) Maintain a complete log containing the name of each
client and the date, time, cost and type of service provided
and the name of the employee providing the service. The log
shall be kept for at least one year and shall be subject to
inspection upon request by the bureau during normal business
hours.
(4) Operate or conduct business under the designations
specified in the license.
(5) Ensure that each employee, contractor, manager,
owner or other individual, excluding clients present on the
premises at the time of inspection, shall have a valid
government-issued identification, passport or visa on their
person and shall immediately present this identification upon
request of an inspector or law enforcement.
(6) Ensure that personnel on the premises shall remain
fully clothed in opaque attire while performing services or
while visible to clients on the premises.
(7) Ensure that the interior and exterior doors of the
licensed bodywork facility premises shall remain unlocked
while the bodywork facility is open. Exterior doors may
remain locked if the facility is owned by one individual with
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no more than one employee or independent contractor. Restroom
doors may be locked and internal doors may be locked to
protect confidential patient or business information.
(8) If the inspecting official requests access to doors
locked under this subsection during an inspection, open the
doors immediately. A person who refuses to immediately open a
locked door during an inspection is unlawfully operating or
managing the bodywork facility under this act. Failure to
comply or any delay may result in suspension of the bodywork
facility license or manager license, or both.
(9) List the address and license number of the bodywork
facility in all advertisements.
(10) Maintain a log, which shall be available for
inspection at any time, showing the dates, times, hours
worked and wages earned of all employees for at least two
years.
(11) Maintain a file of background checks under section
(6)(b) for each individual bodywork practitioner, employee or
contractor that has been submitted to the Pennsylvania State
Police, the Department of Human Services and the Federal
Bureau of Investigation showing that they have not been
convicted of or pled nolo contendere to a felony or
misdemeanor in a Federal, state or municipal court in the
United States involving prostitution, solicitation of
prostitution, fraud, theft, embezzlement, money laundering,
assault, sexual assault, crimes against children or human
trafficking. Failure to maintain the file and update it every
two years may result in suspension of the bodywork facility
license.
(12) Ensure that a bodywork practitioner, employee or
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contractor is not a registered sex offender or an individual
who is required by law to register as a sex offender, have
any prior conviction for an offense involving sexual
misconduct with a child under 18 Pa.C.S. §§ 3121 (relating to
rape), 3122.1 (relating to statutory sexual assault), 3123
(relating to involuntary deviate sexual intercourse), 3124.2
(relating to institutional sexual assault) and 3124.3
(relating to sexual assault by sport official, volunteer or
employee of a nonprofit association) or an offense under the
laws of another jurisdiction which, if committed in this
Commonwealth, would be a felony or have had any convictions
or pending violations for an offense, including prostitution,
operating a prostitution enterprise, human trafficking,
theft, embezzlement or money laundering.
(13) Ensure that a bodywork practitioner, employee or
contractor has not been convicted of a felony under the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, or of an offense
under the laws of another jurisdiction which, if committed in
this Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act unless at least 10
years have elapsed from the date of conviction and the
applicant satisfactorily demonstrates that:
(i) the bodywork practitioner, employee or
contractor has made significant progress in personal
rehabilitation since the conviction; and
(ii) employment of the individual should not be
expected to create a substantial risk of harm to the
health and safety of the applicant's clients or the
public or a substantial risk of further criminal
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violations.
(14) Prominently display a list of all services offered
and the charge for each service.
(15) Maintain all documents, logs and reports required
by this act on the licensed premises.
(b) License void.--Upon the sale or transfer of interest in
a bodywork facility, the license issued under this act shall be
void and a new license application shall be required.
Section 11. Inspections.
(a) Inspections required.--An owner, manager, bodywork
practitioner or other employee must immediately grant full
bodywork facility access at any time the bodywork facility is
occupied or open for business, to any individual who is
authorized or required to inspect the bodywork facility by the
department or the municipality in which the bodywork facility is
located.
(b) Scope.--Each room, cabinet or storage area shall be
subject to inspection and shall be opened and unlocked.
(c) Log book.--A licensed bodywork facility shall promptly
provide the log book under section 10 to the inspector without
delay.
(d) Licenses.--An inspector may request to review the
bodywork facility's manager's or therapist's license of any
employee or contractor.
(e) Identification.--An owner, manager, massage therapist,
bodywork practitioner, employee or contractor shall present
identification upon request of an authorized inspector.
Section 12. Suspension and revocation of licenses.
(a) Power of bureau.--In addition to any other violation
under this act, the bureau may suspend or revoke a bodywork
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facility license if the bureau finds that a license was obtained
through fraud, deceit or misrepresentation.
(b) Summary suspension.--The bureau may summarily suspend a
bodywork facility license, provided that a hearing is scheduled
within 30 days, if any of the following occur:
(1) The licensee willfully failed to disclose
information required under this act.
(2) The licensee knowingly permitted a person to perform
bodywork procedures when the licensee should reasonably know
that the person is not licensed but is required to be
licensed.
(3) There is reasonable suspicion that the bodywork
facility is attempting to operate an illicit bodywork
facility or prostitution enterprise, whether or not there is
a violation of any other law, regulation or rule.
(4) The licensee failed to permit an inspection during
business hours.
(c) Administrative fines.--If the bureau finds that a
license was obtained through fraud, deceit or misrepresentation,
the bodywork facility shall be subject to an administrative fine
of not more than $1,000.
(d) Appeal.--A licensee may appeal the suspension or
revocation in accordance with regulations promulgated by the
bureau.
Section 13. Forfeiture.
An illicit bodywork facility shall be subject to asset
forfeiture under 18 Pa.C.S. § 3021 (relating to asset
forfeiture).
Section 14. Practice of bodywork on minors.
(a) Parental presence required.--
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(1) Except as provided in paragraph (2), when bodywork
is provided to a minor, the parent or legal guardian of the
minor shall be present, regardless of the sex of the licensed
or certified person performing the bodywork.
(2) The minor may decline the presence of a parent or
legal guardian only with the written consent of the parent or
legal guardian.
(3) The licensed or certified person shall confirm the
identity of the parent or legal guardian.
(b) Notice.--When a minor is to receive bodywork, the person
providing bodywork shall provide notice to the parent or legal
guardian of the rights under subsection (a). The notice shall be
provided in written form and shall be posted conspicuously in
the location where bodywork is provided.
Section 15. Victims services.
If the bureau finds that a bodywork facility is operating as
an illicit bodywork facility, the bureau shall provide
information to victims services through the Office of Victims'
Services within the Pennsylvania Commission on Crime and
Delinquency to the trafficked employees and the employees
subjected to involuntary servitude. The victims shall receive
services through the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act.
Section 16. Effective date.
This act shall take effect in 60 days.
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