Section 25-D101. INTENT - SAFETY  


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    101.1The purpose of these regulations is to protect the public health and safety by preventing and controlling the spread of communicable diseases and to protect the environment by promoting and regulating the safety and sanitary conditions of massage establishments and health spa facilities. 

     

    101.2These regulations establish definitions; prescribe minimum standards for the design, construction, operation, and maintenance of massage establishments and health spa facilities; set standards for equipment and facilities; set standards for personnel, and sanitary operations; establish recordkeeping and reporting requirements; establish prohibited conduct within massage establishments and health spa facilities; provide for the issuance of licenses and certifications; establish massage establishment and health spa facility licensing fees; and provide for enforcement through inspections, suspension and revocation of licenses and certifications, and the issuance of fines and penalties.

     

    101.3These regulations do not apply to:   

     

    (a)Massage therapy practiced at athletic departments of any accredited school, college, university, or seminary or in connection with the conduct of professional athletics;

    (b)Licensed massage therapists employed by an accredited high school, junior college, or college while engaging in the course and scope of their employment;

    (c) Massage therapy provided in facilities connected with hospitals, surgical facilities, or medical doctor’s offices licensed pursuant to the Health Occupations Revision Act of 1985 Amendment Act of 1994, effective March 23, 1995, (D.C. Law 10-247; D.C. Official Code § 3-1205.01) (2007 Repl.); or persons under the supervision of a person licensed to practice medicine or surgery pursuant to the Health Occupations Revision Act of 1985 Amendment Act of 1994, effective March 23, 1995, (D.C. Law 10-247; D.C. Official Code § 3-1205.01) (2007 Repl.). 

     

    (d Massage therapy provided in hospitals, clinics, nursing and convalescent homes and other similar institutions where these services are dedicated to medical or nursing practices licensed pursuant to the Health Occupations Revision Act of 1985 Amendment Act of 1994, effective March 23, 1995, (DC Law 10-247; D.C. Official Code § 3-1205.01) (2007 Repl.);

     

    (e Health spas in bona fide nonprofit organizations or other licensed organizations whose limited offering of health spa services is incidental to the primary and lawful purpose of business; private clubs owned and lawfully operated by its members; organizations primarily operated for the purpose of teaching a particular form of self-defense such as judo or karate; any facility owned or operated by the United States or District governments; or any nonprofit public or private school, college, or university;

     

    (f) Trainers for any bona fide amateur, semiprofessional or professional athlete, or athletic team while engaging in the course and scope of their employment; or

     

    (g)Student clinic programs offering massage therapy on the premises of a recognized school of massage.

     

    101.4Certain provisions of these regulations are identified as critical. Critical provisions are those provisions where noncompliance serves to spread communicable diseases or creates environmental health hazards. A critical item is denoted with an asterisk (*).

     

    101.5Certain provisions of these regulations are identified as noncritical. Noncritical provisions are those provisions where noncompliance is less likely to spread communicable diseases or create environmental health hazards. A part that is denoted in these regulations without an asterisk (*) after the head note, is a noncritical item. However, a critical item may have a provision within it that is designated as a noncritical item with a superscripted letter “N” following the provision.

     

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor’s Order 2006-10 dated January 27, 2006

source

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)