(a) Definitions. In this Section, terms that are defined in the state Health Occupations Article have the same meaning, and the following words and phrases have the following meanings:
(1) Massage has the same meaning as “massage therapy” under § 3-5A-01 of the Health Occupations Article.
(2) Massage establishment: any business where any employee, agent or contractor who is not a certified massage therapist or registered massage practitioner under state law performs a massage.
(3) Director: The Director of the Department of Health and Human Services, or the Director’s designee.
(4) Board: the Maryland State Board of Chiropractic Examiners.
(5) Department: the Department of Health and Human Services.
(b) Scope. This Section does not apply to:
(1) an individual with a license, registration, or other approval issued by the Board to provide massage under § 3-5A-05 of the Health Occupations Article;
(2) an athletic trainer who:
(A) is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;
(B) is employed by an accredited educational institution, while performing professional duties at that institution; or
(C) is employed by a professional sports team, while treating members of that team; and
(3) a business in which every person who performs massage is a certified massage therapist or registered massage practitioner under State law.
(c) Massage establishment.
(1) (A) Any massage establishment must have a license issued by the Director under this Section. The licensee is the owner of the establishment. If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative. The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section. If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative. The owner must not designate an individual as its representative under this subsection if the individual is not qualified to receive a manager’s license under subsection (d).
(B) The licensee or a licensed manager must be on the premises at all times while the establishment is occupied.
(C) A person must not own or operate a massage establishment without obtaining a massage establishment license. This requirement may be enforced by the Director or the Police Department.
(D) The Director or the Police Department may close an unlicensed massage establishment until the business and each person owning or operating the business obtains a license under this Section.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a massage establishment license if:
(A) the applicant meets the requirements of this Section, is qualified under standards set by Executive Regulation, and completes a license application form provided by the Director;
(B) the massage establishment facility meets minimum standards set by Executive Regulation;
(C) the applicant pays an application fee and license fee; and
(D) the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.
(3) The Director must conduct a prelicensing inspection of any massage establishment, and may conduct other inspections necessary to enforce this Section.
(4) A massage establishment must meet minimum standards set by regulation at all times.
(5) Any person who operates a massage establishment must not perform or allow another person to perform a massage unless the person who performs the massage:
(A) is a certified massage therapist or registered massage practitioner under state law; or
(B) has a valid County massage worker’s license.
(6) Any person who operates a massage establishment must permit a County police officer or the Director to enter the massage establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.
(7) Any person who operates a massage establishment must not allow a person of one gender to massage a person of another gender. This restriction does not apply of the person who performs the massage is a State-certified massage therapist or registered massage practitioner.
(8) A massage establishment license has a term of one year and must be renewed annually.
(9) (A) A massage establishment license must not be transferred from one person to another.
(B) A massage establishment license must not be transferred from a location to another location until a license is issued for the new location.
(C) A massage establishment license applies to a single location specified in the license.
(10) If an applicant for a massage establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a massage establishment on a form provided by the Director.
(d) Massage establishment manager.
(1) The licensee, if an individual, and any person who manages a massage establishment in the absence of the licensee, including an owner’s representative designated under subsection (c)(1)(A), must obtain a massage establishment manager’s license from the Director and renew the license each year.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation. Each applicant must:
(A) complete an application form provided by the Director;
(B) submit proof of good health required by the Director;
(C) pay the application and license fee;
(D) be at least 18 years old;
(E) have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:
(i) a felony;
(ii) a crime involving moral turpitude;
(iii) violation of a controlled dangerous substances law; or
(iv) violation of any law regulating the practice of a health occupation;
(F) not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;
(G) provide a passport-size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and
(H) if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.
(e) Massage worker.
(1) Any person who performs massage for compensation and who is not a certified massage therapist or registered massage practitioner under state law must obtain a massage worker’s license from the Director and renew the license each year. An individual may apply for a license under this subsection only if the individual is expressly exempt under § 3-5A-05(a)(2) of the Health Occupations Article from the certification and registration requirements of that section.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation. Each applicant must:
(A) complete an application form provided by the Director;
(B) submit proof of good health;
(C) pay the application and license fee;
(D) be at least 18 years old;
(E) have satisfactorily completed at least 60 credit hours of education at an institution of higher education as defined by State law;
(F) have successfully completed at least 500 hours of massage training provided by an organization approved by the Board; and
(G) have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:
(i) a felony;
(ii) a crime involving moral turpitude;
(iii) violation of a controlled dangerous substances law; or
(iv) violation of any law regulating the practice of a health occupation;
(H) not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;
(I) provide a passport size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and
(J) if the applicant is not a United States citizen, provide evidence of legal presence and legal employability in the United States.
(3) A person who holds a license issued under this Section and who is not a certified massage therapist or registered massage practitioner under state law must not perform massage except as the agent or employee of a massage establishment that has a valid County license.
(4) A massage worker licensed under this subsection must only massage persons of the worker’s same gender.
(5) A massage worker’s license must not be transferred from one individual to another.
(f) Fees. The County Executive must set application and license fees by Executive Regulation under method (3) that substantially cover the cost of administering this Section.
(g) Denial or Revocation of license. The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:
(1) violates any provision of this Section;
(2) submits fraudulent information in support of a license application under this Section;
(3) is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:
(A) a felony;
(B) a crime involving moral turpitude;
(C) violation of a controlled dangerous substance law; or
(D) violation of any law regulating the practice of a health occupation;
(4) habitually uses any drug or alcoholic beverage to an extent that impairs professional performance; or
(5) is grossly negligent in the performance of massage.
(h) Notice and opportunity for hearing.
(1) Notice. After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file. Service on that person by mail is effective 3 days after mailing. The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:
(A) state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;
(B) identify the specific grounds for the Director’s findings; and
(C) set a date for a hearing on denial of the application or suspension or revocation of the license. The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.
(2) Hearing. The Director or a designee may conduct the hearing. At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence. The relevant records of the Department are part of the hearing record. Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision. That decision is final and is subject to judicial review under the Maryland rules for review of administrative decisions.
(3) Failure to appear. A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.
(4) Notice and Effective Date of Suspension or Revocation. The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files. The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued. A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first. To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license. If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.
(5) Surrender of license and security. When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.
(i) Upon receipt of notice of a license revocation or suspension, unless otherwise directed the licensee must, within 24 hours:
(1) place the license in the mail, postage prepaid, addressed to the Department; or
(2) physically deliver the license to the Department.
(j) If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section. In addition to any other penalties that may be imposed, the director or Police may:
(1) remove the revoked or suspended license from the business location; and
(2) close the place of business until the person operating the business obtains a license.
(k) Appeals.
(1) Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland rules for review of administrative decisions.
(2) The Director’s decision to deny a license must not be stayed pending appeal. Final administrative action that revokes or suspends a license may be stayed pending appeal only if:
(A) the court finds that the public health, safety, or welfare will not be endangered during the appeal; and
(B) a bond of $100,000 is posted.
(l) Penalty. A person has committed a class A violation if the person:
(A) violates any provision of this Section; or
(B) submits fraudulent information in support of a license application under this Section (1994 L.M.C., ch. 34, § 3; 1995 L.M.C., ch. 13, § 1; 2001 L.M.C., ch. 18, § 1; 2015 L.M.C., ch. 8, § 1.)
Editor’s note—County Council Resolution No. 14-1410 adopted 2001 L.M.C., ch. 18 (Bill No. 18-01) as a Board of Health Regulation.
1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”