WORKSHOP ITEM Cathy Sorensen, City Clerk
Title
THERAPEUTIC MASSAGE - EXCEPTIONS AMENDMENT
Background
Recently, two locations in the City currently exempt from therapeutic massage enterprise licensing have experienced reports of criminal sexual conduct. The fact that State-licensed practices are exempt from City licensing prevents background investigations from occurring, which are conducted for licensed enterprises. Based on this concern staff is recommending a code amendment that would narrow the exception of state-licensed practices and require more to be licensed. While this would increase the number of enterprises in the City this separate tier of enterprises would not include a cap.
Sec. 22-424. - License required; number of licenses.
(a) Therapeutic massage enterprise license. It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the city pursuant to this section. The city council shall issue therapeutic massage enterprise licenses in such a manner that the number of therapeutic massage enterprise licenses shall not exceed ten. Existing licenses shall remain in effect until through attrition the maximum number of licenses is met. The city council is not required to issue the full number of therapeutic massage enterprise licenses that it has available.
(b) Therapeutic massage enterprise license in conjunction with state-licensed practices. It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license in conjunction with state-licensed practices as outlined in Sec. 22-425 from the city pursuant to this section for practitioners who offer therapeutic massage not through the course of restorative therapy for rehabilitation of an injury or medical condition and as part of therapeutic services, through documented referral.
(b)(c) Massage therapist license. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the city without first having obtained a massage therapist license from the city pursuant to this section.
Sec. 22-425. - Exceptions.
A therapeutic massage enterprise or therapist license is not required for the following persons and places only if through the course of restorative therapy for rehabilitation of an injury or medical condition and as part of therapeutic services, through documented referral, offered by:
(1) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business.
(2) Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck.
(3) Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business.
(4) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings.
(5) Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution or provided the students are limited to performing massage therapy only on owners or staff of licensed massage enterprises and not on members of the public.
(6) Individuals licensed in another municipality performing massage services as part of a wellness event/expo where such event will not be more than three days in length. Written notice must be provided to the city and must include dates, times, and location(s) of such event.
Recommendation
Council input is requested.