269 CMR, § 6.03 - Establishment Licensure Required

(1) Delivery of Massage Therapy. Massage therapy, including the provision of out of office massage therapy services, shall only be delivered or offered at any location or portion thereof covered by a valid Massage Therapy Establishment license issued by the Board or otherwise exempted from licensure under 269 CMR 6.03(8).

(2) License Required. Each Massage Therapy Establishment within the Commonwealth shall be licensed by the Board before providing or offering to provide massage therapy and shall annually renew its license using an application provided by the Board, unless there is a change in ownership or location.

(3) Establishment License Type Classes.

(a) Solo Establishment License. A Solo Establishment License shall entitle a single Massage Therapist to deliver or offer massage therapy services from one designated location.

(b) Multiple Therapists Establishment License. A Multiple Therapists Establishment License shall entitle two or more Massage Therapists to deliver or offer massage therapy services from one designated location.

(4) Multiple Therapists Establishment License Required. A Multiple Therapists Establishment License shall be required at all locations where two or more Massage Therapists are delivering or offering massage therapy services jointly.

(5) Responsibility for Obtaining an Establishment License. The responsibility for obtaining an Establishment License shall rest with the Operator of the location.

(6) Failure to Obtain an Establishment License. Failure to obtain an Establishment License shall be considered unlicensed practice, unless otherwise exempted.

(7) Number of Licenses Required for Two or More Establishments at the Same Address. Each Massage Therapy Establishment shall require a separate license. The Board will consider the following in determining whether two or more Massage Therapists delivering massage therapy services at the same address constitute one or more Massage Therapy Establishments:

(a) The business structure of each Establishment, including but not limited to, overlap in areas of financing, management, or ownership;

(b) The resources shared by the Establishments, including, but not limited to, office space, staff, record storage and maintenance facilities; and

(c) The overall impression created by advertising, signage, stationery, and office layouts.

(8) Exemptions.

(a) A Massage Therapy Establishment license is not required for the following:

1. Any healthcare facility licensed by the Massachusetts Department of Public Health;

2. Board approved continuing education programs and student clinics operated by Board licensed Massage Schools;

3. Locations at which Chair Massage is exclusively done; and

4. Locations at which massage therapy is offered for not more than 24 hours in a one week period every six months at a public or charitable event with a primary purpose unrelated to massage.

(b) The Board may require any location at which massage therapy is provided to provide satisfactory evidence why it is eligible for the exemption from Massage Therapy Establishment licensure requirements. The burden of proving eligibility shall rest with the entity claiming the exemption.

(9) Locations at Which the Delivery of Massage Therapy Is Prohibited.

(a) Massage therapy shall not be delivered in adult entertainment venues;

(b) Massage therapy shall not be delivered in bars or nightclubs; and

(c) Regular massage therapy shall not be delivered on the streets or sidewalks.

Notes

269 CMR, § 6.03

Amended by Mass Register Issue 1330, eff. 1/13/2017.