Current through Register 1518, March 29, 2024
(1) Application for a Massage Therapy
Establishment license may be made by a sole proprietorship, partnership,
corporation, limited liability company, or limited liability partnership. A
Massage Therapy Establishment may be owned by an individual who is not a
licensed Massage Therapist.
(2) An
application for a Massage Therapy Establishment License shall be:
(a) made on forms prescribed by, and
available from the Board;
(b)
signed under the pains and penalties of perjury by the applicant or a person
authorized to act on behalf of the applicant;
(c) accompanied by information concerning
ownership and control that identifies: if owned by an individual, partnership
or trust, the names and ownership.
(d) percentages of such individual, partners
or trustees, except that, in the case of a limited partnership, such
information shall be provided only for those limited partners owning 5% or more
of the partnership interest and the general partner;
1. if owned by a for profit corporation, the
names of all stockholders who hold 5% or more of any class of the outstanding
stock, specifying the percentage owned;
2. if owned by a not for profit corporation,
the names of the members and directors of the corporation; and
3. the name and ownership percentage of each
individual who directly or indirectly has any ownership interest of 5% or more,
unless otherwise provided pursuant to
269 CMR
6.03(c)1. through
3.;
(e) accompanied by
any information required by the Board as part of the application, including,
but not limited to, such additional information concerning ownership and
control as the Board may require.
(f) accompanied by the required nonrefundable
fees;
(g) accompanied by a floor
plan that demonstrates compliance with the specifications necessary to meet the
minimum standards required to meet the public health, safety and welfare set
forth in
269 CMR
6.07(4); and
(h) accompanied by evidence of suitability of
ownership required by the Board as set forth in 269 CMR 6.04(4);
(3) The Board shall not approve an
application for original or renewal license unless the Board has conducted an
investigation of the proposed licensee(s) and/or owners of 5% or more and
determined that each proposed licensee/owner is suitable and responsible to
establish or maintain an Establishment.
(4)
Evidence of Responsibility
and Suitability.
(a) In
determining whether an applicant is responsible and suitable to be granted an
Establishment license, the Board shall consider all relevant information
including, but not limited to, the following:
1. the proposed licensee's history of prior
compliance with Massachusetts state and local laws governing operation of
Massage Therapy Establishments and the practice of massage therapy. Assessment
of this factor shall include, but not be limited to, the ability and
willingness of the proposed licensee to take corrective action when notified by
the authority having jurisdiction over any regulatory violations;
2. the history of criminal conduct of the
proposed licensee and owners, officers and directors as evidenced by criminal
proceedings against those individuals which resulted in convictions, or guilty
pleas, or pleas of nolo contendere, or admission of sufficient
facts; and
3. the proposed
licensee's history of statutory and regulatory compliance for Massage Therapy
Establishments in other jurisdictions or localities, including, but not limited
to, proceedings in which the proposed licensee was involved which proposed or
led to a limitation upon or a suspension, revocation, or refusal to grant or
renew a Massage Therapy Establishment license.
(b) If the Board receives information about
an applicant for Establishment licensure that reasonably raises a question
about whether that applicant is suitable to hold an Establishment license or
lacks the responsibility to hold an Establishment license, the Board shall
conduct a further inquiry into the relevant facts and circumstances before
making a final decision on the application.
(c) If the Board determines, in its
discretion, that such steps are reasonably necessary, the Board may require the
applicant to appear personally before the Board, and/or furnish additional
written information to the extent permitted by applicable state or federal
law.
(d) The burden of
demonstrating that the applicant possesses the responsibility required for
Establishment licensure or is suitable for such licensure shall rest with the
applicant.
(e) Conduct which
reasonably raises a question about whether an applicant possesses the
responsibility required for Establishment licensure or is suitable for such
licensure includes, but is not necessarily limited to, any of the following:
1. Conviction of any criminal offense, other
than a routine traffic violation;
2. Disciplinary action taken against any
professional license, registration or certification held by the applicant, or
denial of licensure, by the applicable governmental authority of any state,
territory or political subdivision of the United States or any foreign
jurisdiction; or
3. Conduct which
is not described in 269 CMR but which nevertheless involves any of the
following: failure to exercise proper regard for the applicant's own health,
welfare or safety; failure to exercise proper regard for the health, welfare,
safety or legal rights of another person; or fraud, deception or lack of
honesty or truthfulness.
(5)
Inspection. The
Board shall not approve an application for an original Establishment license or
renewal of such license unless the Board has been afforded the opportunity to
inspect the Establishment;
(a) The applicant
for an Establishment license must arrange for the inspection by the Board of
the location seeking that license.
(b) In order to pass that inspection, the
location must meet the minimum standards necessary to protect the public
health, safety and welfare set forth in
269 CMR
6.07.
(6) The Board may require and consider
supplemental Establishment licensure application information and materials
reasonably necessary to prevent insurance fraud, protect the health, safety, or
welfare of the public, or for other valid regulatory purposes, including
obtaining appropriate permits either prior to or as a condition subsequent to
receiving an Establishment License.
(7) The Board shall not issue an
Establishment license based on an incomplete submission.
(8) The Board may not issue an Establishment
license if the Board's inspection reveals any violation of 269 CMR.
(9) The Board will consider the evidence
produced and make licensing decisions accordingly.
