Section 25-D1701. PROHIBITED ACTIVITIES*  


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    1701.1It shall be unlawful for any person who owns, operates or manages a massage establishment or health spa facility to knowingly cause, allow or permit in or about the establishment, location or facility any agent, employee or other person under his control or supervision to perform any of the acts specified in sections 1700, 1701 or  1701.2.

     

    1701.2No person in a massage establishment or health spa facility shall expose his or her own genitals, buttocks, chest or breasts, or any portion thereof, or cause to be exposed another person’s genitals, buttocks, chest or breasts, or any portion thereof of another person to a customer or other person.

     

    1701.3No person other than a District licensed massage therapist shall touch a customer or provide massage therapy services in a massage establishment or health spa facility.

     

    1701.4No person in a massage establishment or health spa facility shall expose their genitals, pubic area, buttocks, chest or breasts for the purpose of soliciting prostitution or other sexual gratification.

     

    1701.5No massage establishment or health spa facility shall employ, in any capacity, any person who is under eighteen (18) years of age.

     

    1701.6No massage therapy shall be performed on a customer under eighteen (18) years of age without a medical referral and a parental consent form.

     

    1701.7No massage therapy shall be performed on a customer that is visibly or noticeably intoxicated with alcohol or otherwise under the influence of intoxicating substances, including legal and/or illegal drugs, which appear to be impairing good judgment by the customer at that time.

     

    1701.8No alcoholic beverages shall be served in a massage establishment or health spa facility.

     

    1701.9No person shall enter or remain in any part of a massage establishment or health spa facility while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The licensee or manager shall not permit any such person to enter or remain upon such premises.

     

    1701.10No massage establishment or health spa facility shall operate a school of massage, nor use the same facilities as that of a school of massage.

     

    1701.11It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. Instructors and students of such schools may practice massage therapy only upon a bona fide employee of the school or student. A dummy may be used.

     

    1701.12No massage therapy shall be performed on a customer that is contagious with a communicable disease. If a customer has a suspect skin affliction (skin fungus, infection, inflammation, eruption, or lesion) prior to massage therapy, the customer may provide to the massage therapist or establishment a written certificate from a medical professional stating that the skin condition is not communicable. Massage therapists are prohibited from treating cuts, wounds, or other such injuries, whether or not they are communicable.

     

    1701.13No massage therapy shall be performed by a massage therapist who is contagious with a communicable disease.

     

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)