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CR 99-195 Ordinance 99-831, Creating Section 1185, Regulation of Massage TherapyOctober 13, 1999 Council Report 99 -195 Staff recommends approval of the following motion: Move to adopt ordinance 99- 831, Regulation of Massage Therapy for first reading. Overview Each year, I receive several calls for students of massage therapy schools asking for a copy of our ordinance regulating massage therapy. Section 1 160 regulates massage, but does not recognize massage therapy. Section 1 160 is ambiguous when relating to massage therapy. This section deals with adult services. The state legislative bodies have looked at regulating massage therapists over the past years. It was thought that they would set up statewide regulation, but they have not proceeded with that action, even though the action was requested by the industry. The state lawmakers made a decision to leave the regulation up to the individual cities. The City Attorney has reviewed the ordinance. Primary Issues to Consider • Why regulate? • What are other cities doing? • How do people within the industry feel? • Who will inspect massage therapy establishments? • License and fees Supporting Documents ORDINANCE 99 -831, CREATING SECTION 1185, REGULATION OF MASSAGE THERAPY • Copy of Ordinance 99 -831 • Copy of the NCBTMB Code of Ethics erry • be aier, City Clerk Council Report 99 -195 • Page 2 • Primary Issues to Consider • Why Regulate? In the past, adult services such as massage have been regulated. Because of the problems involved with those types of businesses, the City has chosen to not issue any new licenses to them. Massage Therapy has become a legitimate business and needs to be distinguished from adult oriented services. By providing standards, the professionalism of the practice can be maintained. The ordinance sets forth standards of education, health and safety, and ethics. The educational standards have been set up to assure that the practitioner has the knowledge to offer the service as a legitimate therapeutical service. The requirements are equal to the full course at a local school of massage therapy. Several courses of fewer hours are available to students, but in speaking with school representatives, it appears that in order to offer massage as a therapeutical service, the full 500 hours would be required. Health and safety is also a consideration of the ordinance. The ordinance provides for a clean, sanitary, health and safe environment in which Massage Therapists can practice. Those portions of the ordinance that deal with the cleanliness of the working area, tables, wrappings, and utensils are reasonable for the protection of the clients. The National Certification Board for Therapeutic Massage and Body Work has published a code of ethics for their members. By requiring licensees to adhere to a code of ethics, the behavior is regulated. This code addresses the way practitioners represent themselves and their limitations as well as sexual behavior. • What are other cities doing? Several of the Metro area cities have written ordinances regulating massage therapy. Staff reviewed ordinances from Minnetonka, St. Louis Park, Bloomington, Eagan, Shoreview, St. Paul, W. St. Paul, and statutes from the State of Wisconsin. • How do people within the industry feel about regulation? At this time, school owners and practitioners welcome regulation. The regulation in itself sets them apart from the adult services, thereby legitimizing the profession. • Council Report 99 -195 Page 3 • • Who will inspect massage therapy establishments? The Health Inspector will inspect the work areas of massage therapists. We will begin inspecting one time per year. • Licenses and fees The license will be an annual license with a fee of $50 to $75, depending on how much time is expected. That fee will be set by resolution after the new Health Inspector has had a chance to review the ordinance and can give a time estimate. The time of licensure will be consistent with other City licenses, from January 1st to December 31s Alternatives 1. Adopt ordinance 99 -831 for first reading 2. Continue for more information 3. Do not adopt ordinance 99 -831 Staff recommends alternative one. • CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE 99 -831 AN ORDINANCE RELATING TO THE REGULATION OF MASSAGE THERAPY In order to protect and promote the public health, safety and welfare by: a. providing standards of education and training for Massage Therapists; b. providing a clean, sanitary, healthy and safe environment in which Massage Therapists can operate c. recognizing Massage Therapy as a legitimate business occupation. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new section 1185 is adopted as follows: Section 1 185 — Regulation of Message Therapy 1185.01. Subdivision 1. Definitions. For purposes of this section, the terms defined in this section have the meanings given them. Subd. 2. Massage Therapy or Therapeutic Massage. A scientific health care or health maintenance technique or procedure carried out by a massage therapist involving the massaging, kneading, rubbing, pressing, stroking, tapping, pounding, vibrating, or stimulating the human skin, muscles and tissues for no other purpose than physical fitness, health -care referral, healing, relaxation, or beautification. Subd. 3. Massage Therapist. A person, other than a person licensed as a medical doctor; chiropractor; osteopath; podiatrist; licensed nurse; physical therapist; athletic director or trainer; or beautician or barber who confine his /her treatment to the scalp, face and neck; who for compensation practices and provides therapeutic massage; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. Subd. 4. Patron. Any person who receives a massage under such circumstances that is reasonably expected that he or she will pay money or give any consideration therefor. 1 • Subd. 5. Recognized School. Any school or institution of learning which: a) has for its purpose the teaching of the theory, method, profession or work of massage therapists, which school requires a resident course of study of not less than 500 hours before the student shall be furnished a diploma or certificate of graduation from such school following successful completion of such course of study or learning. b) that is operating legally within the locality or province in which they are located. c) Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a recognized school. 1185.05 License Required. Subdivision 1. It shall be unlawful for any person to practice as a massage therapist in the City of Hopkins without first obtaining a license to do so. Subd. 2. The license will be effective for one year and run from January 1 through December 31 of the license year Subd. 3. There will be no prorating of this license. 1185.07. License Application. Subdivision 1. Application will be made on forms provided by the City Clerk. The applicant will provide the following information as well as any information deemed necessary by the City Clerk: a) Applicant's full name (first, middle, and last) b) Any other name(s) the applicant has been known by c) Applicant's home address and telephone number d) Applicant's driver's license or state ID number c) Applicant's date of birth d) Applicant's address(es) for the past five years e) Diploma or Certificate of completion of 500 or more hours from a recognized school of Message Therapy f) Proof of course work as set out in Subdivision 2 g) A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested. Subd. 2. Proof of Course Work. Each applicant shall also provide proof of minimum hours of course work in the following areas: a. 150 hours in the theory and practice of massage, including but not limited to Swedish, Esalen, Shiatsu, and /or foot reflexology techniques; and • b. 100 hours of anatomy and physiology, including but not limited to skeletal and muscular structure and knesiology; and c. 8 hours of hygiene and sanitation; and d. 30 hours of business practices and ethics. 1185.09 Exclusions. Subdivision 1. An applicant is eligible for a massage therapist license if the applicant: a. submits proof of having completed at least 100 classroom hours of instruction in the practice of massage therapy; b. and has practiced massage therapy for compensation for at least 2 years during the 5 -year period immediately preceding the date of the application. Subd. 2. This license may be renewed two times after initial application, giving the applicant three years to meet the licensing requirements. Additional course work must be completed, as well as any other requirements which may be in effect at the time of application. 1 185.1 1 Fees. Subdivision 1. The fee for a therapy massage license will be set by resolution from time to time. License fees must be submitted at the time of application. • Subd. 2. Additional Fee. The initial application shall also include a non- refundable investigation fee to be set by resolution from time to time. 1185.13 Renewal. Applications for renewal shall be submitted at least 60 days prior to the end of the license year on forms provided by the City Clerk. 1185.15 License granted. Upon receipt of the application the City Clerk shall forward the application to the Hopkins Police Department. The Hopkins Police Department shall report, in writing, to the City Clerk, as to any police record of the applicant, which may reflect upon public health, safety or moral character. When all of the conditions of this ordinance have met, the City Clerk will issue the license. 1085.17 Denial. No license shall be issued to an applicant who: a. is under 18 years of age; b. has been convicted of any crime directly related to the occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statute Section 364.03, Subd. 3; c. is not of good moral character or repute; d. owes taxes, assessments, or other financial claims to any governmental agency that are due and delinquent. 1185.19 Revocation. A license may be revoked if the licensee is convicted of any violation, reasonably related to the licensed activity and occurring on the licensed premises, of any ordinance or state statute. 1185.21 License Posted. The license must be posted in a conspicuous place where all patrons may see it. 1185.23 Hours of Operation. A massage therapist may not give to any patron any massage treatment between the hours of 10:00 p.m. and 8:00 a.m. Any treatment in process at 10:00 p.m. must end at 10:00 p.m. 1185.25 'Inspection by City Officials. Subdivision 1. During any hours in which a licensee is performing massage therapy treatments, the area where the service is being performed shall be open to inspection by City inspectors and police officers. Subd. 2. Each licensed therapist shall be responsible for adhering to the following minimum requirements for the health and safety of all patrons: a. The massage table shall have a washable surface b. The massage table shall be covered with a disposable paper cover or with a sheet that is washable. c. A clean paper cover or washable sheet must be used for each patron and the massage therapist must have enough clean covers on hand to accommodate the number of patrons scheduled on one day. d. Used washable covers shall be placed in covered containers until they are washed. e. Used paper covers shall be placed in covered waste containers. f. Lotions used in the treatment shall be stored in covered containers. g. The massage therapist shall wash his /her hands immediately before beginning a treatment on each patron and use paper towels for hand wiping. Paper towels must be stored in a covered container. h. Bathroom facilities shall be made available to patrons. Paper towels, which shall be stored in covered containers, shall be provided for hand drying. i. Bathrooms shall be kept in clean repair. j. The floor shall be kept free of dust and debris. k. No food or drink shall be allowed in the treatment area. • • ATTEST: I. Implements used directly on the skin shall be cleaned and sanitized after use on each patron. Such implements shall be stored in closed containers with a dry sanitizer. m. Subdivision 2. Massage Therapists that are licensed by the City of Hopkins shall follow and adhere to the Code of Ethics for Massage Therapists as set forth by the American Massage Therapy Association. This shall in no way require membership with American Massage Therapy Association. Section 2. The effective date of this ordinance shall be twenty days after publication. First Reading of Ordinance 99- September 21, 1999 Second Read of Ordinance 99- October 5, 1999 Publication October 13, 1999 Effective Date November 3, 1999 Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Charles D. Redepenning, Mayor • • CODE OF ETHICS BY THE NATIONAL CERTIFICATION BOARD FOR THERAPEUTIC MASSAGE AND BODYWORK Massage therapists and bodyworkers in the exercise of professional accountability will: 1. Accurately inform clients, other health care practitioners, and the public of the scope and limitations of their discipline and have a sincere commitment to provide the highest quality of care to those who seek their professional services. 2. Provide treatment only when there is reasonable expectation that it will be advantageous to the client. The therapist will acknowledge the limitations of and contraindications for massage and bodywork and refer clients to appropriate health professionals. Licensees will abide by all laws governing the practice of massage and bodywork and act only within their legal scope of practice. 3. Represent their qualifications honestly, including education and professional affiliations, and will provide only those services which they are qualified to perform. 4. Consistently maintain and improve professional knowledge and competence, striving for professional excellence through regular assessment of personal and professional strengths and weaknesses and by continued education and training. Licensees will conduct their business and professional activities with honesty and integrity. 5. Safeguard the confidentiality of all client information, unless disclosure is required by law, court order, or absolutely necessary for the protection of the public. Client rights will be respected. Licensees will respect the inherent worth of all persons and refuse to unjustly discriminate against clients or other ethical health professionals. 6. Respect the client's right to an informed and voluntary consent regarding care and treatment, and obtain the informed consent of the client or the client's advocate before providing treatment. This includes a record of written and verbal consent to treatment. 7. Respect the client's right to refuse, modify, or terminate treatment, regardless of prior consent given. 8. Provide draping and treatment in a way that ensures the safety, comfort and privacy of the client. 9. Exercise the right to refuse to treat any person or part of the body for just and reasonable cause. 10. Respect the contribution and expertise of colleagues in massage therapy and bodywork and other disciplines as essential to excellent health care. I I. Respect the client's choices between alternative and traditional health care. 12. Always be responsible not to engage in sexualizing behavior. The therapist will respect the boundaries and integrity of each person and therefore not engage in any sexual conduct or activities, even if the client attempts to sexualize the relationship. 13. Avoid any interest, activities, or influences which might conflict with their obligation to act in the best interest of their clients and the profession. Respect the client's boundaries with regard to privacy, disclosure, exposure, emotional expression, beliefs, and reasonable expectations of professional behavior. Therapists will respect the client's autonomy. 14. Refuse any gifts or benefits, in excess of acceptable gratuity, which are intended to influence a referral, a decision or a treatment.