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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 25. FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES |
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SubTilte 25-D. MASSAGE ESTABLISHMENT AND HEALTH SPA FACILITY REGULATIONS |
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Chapter 25-D99. DEFINITIONS |
Section 25-D9901. DEFINITIONS
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Acupressure – a method of stimulating acupuncture points by use of the hands or other instrument without piercing the skin.
Ancillary employees – all employees of a massage establishment or health spa facility including independent contractors (except the manager, or massage therapist) who work in the massage establishment or health spa facility but in no way touch the customer.
Board – the Board of Massage Therapy pursuant to the Qualified Massage Therapists Amendment Act of 1994, effective March 14, 1995, (DC Law 10-205; D.C. Official Code § 3-1202.15).
Biocide – an Environmental Protection Agency (EPA)-registered physical or chemical agent capable of killing microorganisms.
Biofilm – an assemblage of microbial cells attached to an environmental surface and enclosed in a matrix primarily composed of polysaccharides that is not easily removed by normal rinsing or water flow. Mineral crystals (scale), corrosion particles, clay or silt particles, may be present within or on the biofilm matrix.
Biohazard event – an event in which a biological agent, including pathogenic microorganisms and their toxins, causes a condition that may constitute a threat to human health and safety.
Biohazard Event Response Plan – a written plan developed by the business which contains detailed clean-up procedures by which massage establishment or health spa facility employees can safely disinfect potentially-contaminated environmental surfaces and control potential communicable disease outbreaks among customers and employees. The Biohazard Event Response Plan must also include procedures for which biohazard events are required to be reported to the Department and procedures for documenting response activities in a log book.
Chair massage – a massage administered by a massage therapist or independent massage therapist to a fully clothed customer’s neck, shoulders, back, arms, hands, and /or feet utilizing a massage chair.
Clean – free from visible dirt, dust, sludge, foam, slime (including algae and fungi), bodily excretions or secretions, rust, scale, mineral deposits, accumulation of impurities, and /or other foreign material.
Colonic irrigation – irrigation or flushing of the colon for cleansing purposes by injecting large amounts of fluid high into the colon. Synonyms include colonic hydrotherapy, high colonic, and purging. This is a prohibited act in a massage establishment or health spa facility or by a massage therapist.
Communicable disease – any disease:
(a)Denominated a reportable disease pursuant to An Act To authorize the Commissioners of the District of Columbia to make regulations to prevent and control the spread of communicable and preventable diseases, approved August 11, 1939 (53 Stat. 1408; D.C. Official Code §7-131) (2008 Suppl), including any illness due to an infectious agent or its toxic product that is transmitted :
(1)Directly or indirectly to a well person from an infected person, animal, or ectoparasite; or
(2)Through the agency of an intermediate host or vector, or by exposure to chemical or radiological agents within the immediate environment; or
(b)Occurring as an outbreak of illness or toxic conditions, regardless of etiology in an institution or other identifiable group of people.
Customer – any member of the public, other than a licensee, employee, massage therapist, or independent massage therapist, either paying or non-paying, who uses the services of a massage establishment or health spa facility and / or with whom a massage therapist has an agreement to provide massage therapy; or any individual who is provided access to a massage establishment or health spa facility which is required to be licensed pursuant to these regulations.
Critical item – a provision of these regulations that, if in noncompliance, is more likely than other violations to spread communicable diseases or creates environmental health hazards; critical items are denoted in this Code with an asterisk ().
Critical violation – a condition or practice that violates these regulations that is less likely to spread communicable diseases or create environmental health hazards; noncritical items are denoted with a superscripted letter “N” following the provision.
Cross contamination – the transfer of harmful pathogenic microorganisms from dirty surfaces or equipment to previously sanitized or sterilized surfaces or, equipment, or products.
Department – the District of Columbia Department of Health.
Disinfect – to carry out a process that kills most or significantly reduces pathogenic microorganisms.
Disinfectant – an EPA-registered antimicrobial agent, such as a chemical, or heat that destroys, neutralizes, or inhibits the growth of pathogenic microorganisms. All chemical disinfectants must provide a strength equivalent to at least 50 ppm of free available chlorine at a pH of 7.0 to 7.6 in their normal use concentration.
Disposable article – an item which is made wholly or in part from a synthetic or other readily destructible material and which is intended to be discarded after a single use.
Drape – a towel, gown, sheet, blanket, or any similar item used to cover clients while massage therapy is being delivered.
Environmental Protection Agency (EPA)-Registered – any chemical or substances, including, sanitizers, sterilizers, biocides, or other substances, which must be registered with the United States EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) prior to their distribution and use by industry and consumers.
Environmental surface – the surface of any furniture, equipment, fixture, wall, floors, ceilings, bathtubs, showers or similar surface which is part of a massage establishment.
External bath – includes, but is not limited to, spas, showers, spa pools, tub baths, saunas and steam baths. Areas where external baths are given are considered spa bathrooms.
Fill-and-drain therapy whirlpool tub – a tub designed to re-circulate water through a mechanically-pumped self-contained system, and expel the water back into the tub or into targeted areas of the human body for therapeutic reasons, and is intended to be drained and sanitized after each individual customer’s use.
Furniture – the movable articles in a lobby, massage therapy room, locker room or public area that make the area fit for its intended use. Furniture includes but is not limited to, tables, chairs, sofas, carpets, curtains, pictures, vases, mirrors, televisions and other electrical equipment, and appliances. Bedding and massage tables are not considered to be furniture.
Garment – a gown, robe, or other apparel that is provided to a customer of a massage establishment or health spa facility to maintain modesty of the specified anatomical area in an establishment.
Handwashing sink – a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of hands; and includes an automatic handwashing facility.
Hazard – a biological, chemical, or physical property that may cause an unacceptable consumer health risk.
Health care professional – a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional.
Health spa – any establishment providing physical exercise, physical fitness, weight control or figure reduction including the use of a whirlpool, weight lifting room, steam room, exercising room, or exercising or weight loss device.
Imminent health hazard – a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operations to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
Independent massage therapist – a massage therapist who is not an employee of a massage establishment, who is a sole practitioner, and hires no employees. An independent massage therapist may work within a massage establishment or health spa facility while under contract to do so and must independently maintain all required licenses and certifications and District-issued Identification.
Individual – any human being.
Injury – bodily harm resulting from the use of a massage device which requires medical attention.
Inspection – an official examination or observation, including but not limited to tests, surveys, and monitoring to determine compliance with rules, regulations, Department orders, requirements, and conditions.
License – a permit issued by the Director that authorizes a person to operate a massage establishment or health spa facility.
Licensee – a person who is legally responsible for the operation of the massage establishment or health spa facility, such as the owner, the owner's agent, or other person, and who either possesses a valid license issued by the DCRA to operate a massage establishment or health spa facility, or is required to possess a massage establishment or health spa facility license.
Linens – includes sheets, mattress covers, blankets, pillows cases, drapes, towels, or any other similar item used to cover a massage table, mat, or mattress, or customer during a massage therapy session.
Manual – use of hands or body.
Massage – the treatment of the external parts of the human body for comfort or the general well-being of the body, consisting of rubbing, stroking, kneading, tapping or vibrating one or more parts of the body with hand, or any instrument, for compensation.
Massage chair – comes in tow (2) main types: (1) traditional massage chairs are ergonomically designed for positioning a person who will be receiving a massage, similar in function to a massage table and (2) robotic massage chair that contains internal electronic motors and gears designed to massage the person sitting in them.
Massage establishment or health spa facility – any establishment in the city where massages are provided or administered, or which holds itself out to the public as a place where massages are provided or administered, including massage therapy areas within a hotel, resort hotel, health club, or fitness center; provided, that this definition shall not include a hospital, nursing home or medical clinic, a care facility, the office of a duly licensed physician, surgeon, physical therapist, chiropractor or osteopath, barbershop or a beauty salon.
Massage table – a table that is specifically designed to safely accommodate the comfort of a customer receiving massage therapy, as well as to provide the massage therapist a comfortable standing height and accessibility to all parts of the customer which will be massaged. Depending on the therapeutic modality used by the massage therapist, other surfaces such as a mat, mattress platform, or pad, may be used. For the purposes of these regulations, any similar surface on which massage therapy is performed shall be referred to as a massage table.
Massage techniques – any touching or pressure with the intent of providing healing or therapeutic benefits through soft tissue manipulation. Massage techniques include, but are not limited to, Rolfing, Neuromuscular Therapy, Shiatsu or acupressure, Trigger Point massage, Trager, Tui na, Reflexology, Thai Massage, deep tissue massage, Myofascial Release, Lymphatic Drainage, Craniosacral, Polarity, Reiki, Swedish Massage, and Therapeutic Touch. Massage techniques may be performed in any postural position, including seated massage and techniques performed on clothed clients.
Massage therapy – the performance of therapeutic maneuvers in which the practitioner applies massage techniques, including use of the hand or limb to apply touch and pressure to the human body through tapping, stroking, kneading, compression, friction, stretching, vibrating, holding, positioning, or causing movement of an individual’s body to positively affect the health and well-being of the individual; as defined in D.C. Official Code § 3-1201.02(6B)(A); and
(a)Includes the use of adjunctive therapies, which are defined as including the application of heat, cold, water, and mild abrasives; and
(b)The term adjunctive therapies do not include galvanic stimulation, ultra sound, Doppler vascularizers, diathermy, transcutaneous electrical nerve stimulation, or traction.
Massage therapy room – a room, booth, partitioned section, enclosure or other area within a massage establishment or health spa facility where massage therapy can be performed; provides sufficiency privacy for customers to don and doff their drapes or garments without being viewed by other customers, employees, or the public by any means, including electronic means or mirrors; and have locks or other means that allow for easy entry and /or exit by the customer.
Mechanical – any tool or device that mimics or enhances the actions possible by the hands.
Medical professional – a licensed, certified or registered provider of health care such as a physician, physician assistant, osteopathic physician, advanced practitioner of nursing, registered nurse, podiatric physician, or a licensed hospital as the employer of any such person.
Minor – any individual less than eighteen (18) years of age.
Nuisance – anything which is injurious to health or offensive to the senses, so as to interfere with the comfort or endanger the health or safety of the public.
Outbreak – the occurrence of cases of a communicable disease in a community, geographic region or particular population at a rate in excess of that which is normally expected in that community, geographic region or particular population.
Pathogenic – the ability to produce disease.
Perineal massage – a technique used to increase the elasticity and tone of the perineal tissues in preparation for childbirth.
Person – an association, a corporation, individual, partnership, trustee, government or governmental subdivision, or other legal entity.
Personal hygiene items – articles such as bars of soap, bath gel, bubble bath, shampoo, conditioner, lotion, mouthwash, toothbrushes, toothpaste, cotton swabs, cotton balls, razors, shaving cream, emery boards, combs, brushes, tweezers, feminine hygiene products, powder, etc. which are used for personal cleanliness and /or grooming.
Public area – any area open to public view, whether indoors or outdoors to which the public has approved access, excluding individual massage therapy rooms, locker rooms, bathrooms, or restrooms at a massage establishment.
Recognized School (of massage) – any school or educational institution licensed to do business as a school or educational institution in the state where it is located which is recognized by the District and is accredited by one (1) or more of the following agencies:
(a)The Accrediting Commission of Career Schools and Colleges of Technology;
(b)The Accrediting Council for Continuing Education and Training;
(c)The National Commission for Certifying Agencies (NCCA);
(d)National Certification Board for Therapeutic Massage and Bodywork (NCBTMB);
(e)The Commission on Massage Therapy Accreditation;
(f)The Accrediting Bureau of Health Education Schools; or
(g) Any other nationally recognized accrediting organization of similar stature, and which has for its purpose, the teaching of the theory, method, profession, and work of massage, including anatomy, ethics, hygiene, and physiology, and which requires the successful completion of an in-class course, typically a minimum of 500 hours, before the student shall be furnished with a diploma or certificate of graduation.
Refuse – solid waste not carried by water through the sewage system.
Sanitized – the treatment of equipment and surfaces that can be accessed by the public with a biocide by a process which has been approved by the Department as being effective in destroying pathogenic microorganisms of public health concern.
Sanitization – the effective bactericidal treatment of surfaces of equipment and devices by an EPA-registered product which provides a sufficient concentration of chemicals, allowing enough time to reduce the bacterial count, including pathogens, to a safe level. Chemical germicides that are registered with the EPA as hospital disinfectants, when used at recommended dilutions and directions, may be approved for sanitizing massage establishment or health spa facility equipment and devices.
Sauna – a bathroom or room, usually of wood, equipped for providing a bath that uses dry heat to induce perspiration, and in which steam is produced by pouring water on heated stones.
Seated massage – any massage provided to the human body while the massage recipient is seated, including massage and techniques performed on clothed clients.
Service animal – an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
Soft tissue – skin, adipose, muscle, and myofascial tissues.
Spa – a pool primarily designed for therapeutic use which is not drained, cleaned or refilled for each user. The term includes units which employ hydroject circulation, hot water, cold water, mineral water, air induction bubbles or combinations of them.
Spa room – a room, including but not limited to a healing room, treatment room, or other similar name, that contain a spa pool, therapy whirlpool tub, bathtub, shower, sauna, steam room, or any combination of these, and may possibly include portions of or be adjoined to a locker room as well as a toilet and lavatory (restroom).
Specified anatomical areas – include the human genitals, pubic region, anus, or perineum of any person, or the vulva or breast of a female.
Steam room – a room designed to produce steam and heat to induce sweating, as in a steam bath or Turkish bath.
Sterilization – destruction of all forms of microbial life including and fungal spores.
Tub bath – a bath where the bather’s body is dipped or soaked in a body of water. The water is then drained and the tub refilled for the next bather.
Used bedding – any mattress, box spring, cot, futon, bed sheet, mattress pad, blanket, bedspread, comforter, quilt, dust ruffle, pillow, pillow case, cushion, or other materials used in the filling of any of the above or similar articles which has been previously used prior to receipt by the responsible person in charge of a massage establishment.