(A) Each massage therapist license shall be conspicuously displayed upon a wall of the establishment in which the massage therapist practices in an area open to the public.
(B) It shall be unlawful for any person to fraudulently make use of, to his or her own or another's benefit, a massage therapist license.
(C) It shall be unlawful for any person to counterfeit or forge or to deface or to otherwise alter a massage therapist license.
(D) No person licensed as a massage therapist shall massage or treat any person under the age of 18 years, except upon a written note completed by a licensed medical doctor or other medical professional or if the person under the age of 18 years is accompanied by his or her parent or legal guardian during the massage or treatment. No person shall permit any person under the age of 18 years to come or remain in any room or area where massage services are being performed and can be observed. Any incidental presence by a person under the age of 18 years in such room or area shall only be related to lawful business which requires the person's presence for a very limited duration. Notwithstanding the immediately preceding restrictions, a person under the age of 18 years may be on the premises for the purpose of receiving massage services if the person has in his or her possession a signed parental or guardian consent form which consents to the massage services and which contains parental or guardian contact information, and if the massage therapist first contacts the parent or guardian and confirms that the consent form is valid and confirms the nature and extent of the approved massage services.
(E) It shall be unlawful for any person to massage any other person for illegal purposes, or, for monetary gain or profit, have any contact with a person's breast, genital area, or buttocks in a manner which knowingly and intentionally arouses, appeals, or seeks to gratify the person's sexual desires.
(F) No massage therapist shall engage in advertising which does any of the following:
(1) Contains a misrepresentation of fact(s);
(2) Is misleading or deceiving in its content or context;
(3) Creates false or unjustified expectations of beneficial treatment or successful cures;
(4) Omits a material fact that misleads or deceives the public.
(G) It shall be unlawful for any person to administer massage on an outcall basis unless the person is licensed as a massage therapist. Any outcall massage performed under this section shall be documented by keeping a record of the date and hour of each treatment, and the name and address of the patron, and the name of the massage therapist administering such treatment and the type of treatment administered. Such records shall be open to inspection by city officials and officials charged with the enforcement of public health laws to the extent permitted by law. The information shall otherwise be kept confidential by the licensee, and any unauthorized disclosure or use of such information by the licensee or a licensed establishment, or by someone engaged or employed by a licensed establishment, shall be unlawful.
(H) The following conduct is prohibited:
(1) Practicing outside of the boundaries of professional competence, based on education, training, and experience. This includes, but is not limited to, providing massage therapy services without ensuring the safety, comfort, and privacy of the client.
(2) Engaging in harassment or unfair discrimination based on age, gender, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.
(3) Refusing to provide professional service based on age, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law. This requirement does not prevent a licensee from terminating a massage therapy session with someone or refusing to treat any person who suggests or requests that the licensee engage in conduct that is inappropriate, unsafe, or unethical.
(4) Involvement in a conflict of interest that interferes with the exercise of professional discretion or makes the client's interests secondary.
(5) Taking advantage of or exploiting a supervisee or student to further the licensee's personal, religious, political, business, or financial interests.
(6) Taking on a professional role when a personal, scientific, legal, financial, or other relationship impairs the exercise of professional discretion or make the interests of a client or student secondary to those of the licensee.
(7) Being involved in a dual or multiple relationship with a current or former client, when there is a risk of harm to, or exploitation of, the client. As used here, "dual or multiple relationship" means a relationship in which a licensee is in a professional role with a client and one or more of the following occurs at the same time:
(a) The licensee takes advantage of any current or former professional relationship or exploits the client to further the licensee's personal, religious, political, business or financial interests, including inducing the client to solicit business on behalf of the licensee.
(b) The licensee solicits or engages in a sexual relationship with a current client.
(c) The licensee engages in a sexual relationship with a former client when there is a risk of harm or exploitation to the former client.
(d) The licensee promises to enter into another relationship in the future with the client.
(I) Client records.
(1) A licensee shall maintain a legible client record for each client, which accurately reflects the licensee's assessment and treatment of the client. Entries in the client record shall be made in a timely fashion.
(2) The client record shall contain all of the following information:
(a) The name of the massage therapist providing treatment.
(b) The client's full name, address, date of birth, gender, and other information sufficient to identify the client.
(c) If the client is less than 18 years of age, written permission of either a parent or guardian for the minor client's receipt of massage therapy.
(d) Information identifying any pre-existing conditions the client may have or verification that the client has no pre-existing conditions.
(e) Dates of service and date of entry in the client record.
(f) A client record entry for an initial client visit that includes all of the following:
(i) History, including description of presenting condition.
(ii) Therapeutic assessment, if applicable.
(iii) Treatment or care provided, if applicable. Outcome, if available.
(g) A client record entry for subsequent assessments, treatments, or care provided that includes all of the following:
(i) Change in condition.
(ii) Therapeutic assessment, if applicable.
(iii) Treatment or care provided, if applicable. Outcome, if available.
(h) If applicable, a referral to another health care provider.
(3) For massage therapy treatment provided at a special event, a licensee shall maintain a client record that meets the requirements of divisions (1) and (2) of this section or an abbreviated client record, as specified in division (4) of this section. For purposes of this division, SPECIAL EVENT means any of the following:
(a) A charitable, community, or sporting event.
(b) One-time events.
(c) Massages performed at any location that are 20 minutes or less in duration.
(4) An abbreviated client record allowed under division (3) of this section shall consist of, at a minimum, a completed intake form that contains all of the following information:
(a) The client's full name, date of birth, and an address or telephone number where the client can be contacted.
(b) The information listed in divisions (2)(a), (c), (d) ,and (e) of this section.
(5) A licensee shall retain a client record for at least seven years from the date of the last massage therapy treatment for which a client record entry is required. A licensee shall retain the client record for a minor client until one year after the minor client reaches 18 years of age, even if this results in the record being retained for more than seven years.
(Ord. No. 468, § 1, 2-4-20) Penalty, see § 1-9
Statutory reference:
Advertising regulations, see Administrative Rules, R 338.725
Client records, see Administrative Rules, R 338.727
Prohibited conduct, see Administrative Rules, R 338.723