Loading...
HomeMy WebLinkAbout11B Therapeutic Massage Ordinance Cy� Cottage J Grove �hP�e Pride andP�oSperiYy Meet To: Honorable Mayor and City Council Members From: Neil Belscamper, Deputy City Clerk Date: September 26, 2018 Subject: Therapeutic Massage Ordinance BACKGROUND The City Clerk's office is in the process of reviewing and updating the business licensing chapters of the Cottage Grove City Code found under Title 3. Chapter 8 relates to Saunas and Massage Parlors and we are requesting that the City Council consider passing an ordinance to amend the present code, a large portion of which was originally codified in 1971 and needs to be updated. Minnesota is one of a handful of states that does not license massage therapy through a state licensing board and it seems unlikely that this will happen anytime soon. Because of this, and a dramatic increase in the number of license applications over the past year, we are proposing changes to our City Code. The following table lists the number of licenses issued since 2010: Vear and License Type License Count 2010 13 Massage Business 4 MassageTherapist 9 2011 12 Massage Business 4 MassageTherapist 8 2012 14 Massage Business 4 MassageTherapist 10 2013 11 Massage Business 3 MassageTherapist 8 2014 15 Massage Business 4 MassageTherapist 11 2015 13 Massage Business 4 MassageTherapist 9 2016 14 Massage Business 3 MassageTherapist 11 2017 16 Massage Business 3 MassageTherapist 13 2018 32 Massage Business 8 MassageTherapist 24 The main things we want to accomplish with the proposed ordinance are to update language to better reflect the current industry, to update education/certification requirements for issuing new massage therapist licenses, and to update disqualifiers for license denials, suspensions, and revocations. Both the City Attorney and Public Safety Department have review the proposed ordinance. THERAPEUTIC MASSAGE BUSINESSES Our present city code chapter is titled Saunas and Massage Parlors and has definitions related to escort service, model service, dancing service or hostess service, rap parlor, conversation parlor, etc. It requires a notification to nearby residents and a public hearing before the City Council can consider issuance of a license, and also addresses proximity of the business to churches, schools, playgrounds, parks or other community facilities adversely affected. The present code is clearly presuming and trying to prevent vice businesses from operating in certain locations. The proposed ordinance was drafted to license legitimate therapeutic massage businesses and it removes the public hearing component and proximity language that would be in place for licensing a vice business. In order to lessen the chance of an undesirable business operating under the guise of a therapeutic massage business, it outlines specific disqualifiers based on an applicanYs background to prevent a license from being issued, and those same disqualifiers are in place to suspend or revoke a license should a violation occur with an issued license. A requirement to maintain general liability insurance coverage has also been added for all massage business licenses. MASSAGE THERAPISTS To be licensed as a massage therapist our present code requires graduation from a school which is "(1) Is either accredited by a recognized education accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school" and "(4) As a prerequisite of graduation, requires a resident course of study of not less than forty (40) hours of instruction in the above subjects and teaching." The present code also allows a transcript showing 40 hours of study from someone who is not a graduate of the school to be sufficient education. Many of the current massage therapist diplomas I see document 500 or more hours of education and we would like to strengthen our education requirements. The proposed ordinance requires proof of at least one of the following sent to us directly by the issuing institution: a. Graduation from an institution or program accredited by the Commission on Massage Therapy Accreditation (COMTA). b. Passing Results of Massage & Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards. c. Certificate of Board Certification from the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB). Here is more information on the various credentials: a. Only two programs in Minnesota currently hold accredited status with COMTA; they are Centerpoint Massage and Shiatsu Therapy School & Clinic in Minneapolis (Institutional Accreditation), and Northwestern Health Sciences University in Bloomington (Programmatic Accreditation). b. Many state licensing boards require passing the MBLEx as part of state licensure, and since most applicants will not have a diploma from a COMTA Accredited Institution or Program, this will more than likely be the avenue they would need to take for licensure. Part of applying for the MBLEx exam involves substantiating education. c. The final option would be to become Board Certified with the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB). The NCBTMB advertises this certification as a credential above and beyond entry- level massage therapy state licensure. It requires graduation from a NCBTMB Assigned School or portfolio review by NCBTMB, passing the NCBTMB Board Certification Exam, passing a criminal background check (performed by NCBTMB), verification of legal practice in the applicanYs state (e.g. having passed the MBLEx), and agreeing to uphold NCBTMB Standards of Practice and Code of Ethics. Meeting any of these education/certification requirements is a considerably higher standard than our present code requires. Renewal applications for currently licensed massage therapists would not require submission of education/certification and they would essentially be grandfathered in under the requirements that were in place at the time of their initial licensure. All massage therapist applications, initial or renewing, would undergo background checks with the same disqualifiers in place as for businesses. NOTIFICATIONS The proposed ordinance was mailed to current massage business and therapist license holders on September 10 and they were notified that it would be presented to the City Council on October 3. They were invited to provide comments. To date, I have not been contacted by any of the current license holders. The ordinance has been posted on our bulletin board and on our website in accordance with state statute. STAFF RECOMMENDATION Pass Ordinance 996 replacing Title 3, Chapter 8 of the City Code relating to Therapeutic Massage. ORDINANCE NO. 996 Proposed Ordinance for consideration at the October AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, REPEALING TITLE 3, 3, 2018 City Council Regular CHAPTER 8 SAUNAS AND MASSAGE PARLORS Meeting at 7:00 p.m. AND REPLACING IT WITH THERAPEUTIC MASSAGE The City Council of the City of ttage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL AND REPLACE. The Code of the Cott rove, County of Washington, State of Minnesota, Title 3, Chapter 8, regar Massage Parlors, Sections 3-8-1 — 3-8-11 is hereby repealed and shall ep Therapeutic Massage, Sections 3-8-1 —3-8-9 as follows: Chapter 8 THERAPEUTIC MASSAGE 3-8-1 DEFINITIONS: For the purposes of this Chapter, the follow' n ses shall have these meanings: APPLICANT: An individual, partn ip, c ora n or other organization or entity that is applying for licensure. MASSAGE THERAPIST. i 'v� a h ractices therapeutic massage. PERSON. An individu oration or other organization or entity. STANDARDS TIC ndards of Practice published by the National Certification Board for The e 'c a Bodywork. THE C GE. The systematic manual manipulation of soft tissue to enhance health d 1 ing T ASSAGE BUSINESS. A business that offers therapeutic massage services. 3-8-2 T PEUTIC MASSAGE BUSINESSES: A. License Required. No person shall operate a therapeutic massage business without a license. Licensed therapeutic massage businesses may only provide therapeutic massage services by licensed massage therapists who are employed by the business. No more than one business license shall be issued to any one person or for any one location in the city. B. Application, Initial. Application shall be made on a form prescribed by the City, and shall include the applicant name, contact information, and any other information related to the business required by the City or by state statute. A completed application shall also include the following: 1. Organization Information. If the applicant is a corporation, partnership, or other organization or entity, the applicant shall provide proof of legal standing through state or federal filing and shall provide the names of all individuals who hold an interest in the organization. 2. Property Information. The applicant shall provide the legal descriptio mises or the exact street address and suite number, if applicable, of where the b iness ' 1 o rate. If the applicant is not the owner of record of the business locati appl' must provide a lease agreement or other form of agreement entered in of record authorizing the applicant to operate at that location. 3. General Authorization and Release of Private Data. T a 'c omplete a general authorization and release of private data form auth ' i perform a background check of the applicant in accordance with City d e ' n 1-3. If the applicant is a corporation, partnership, or other organizati or t applicant shall provide a general authorization and release of priv a or o ach individual who holds an interest in the organization. 4. Whether the applicant (or anyone hol a 'nterest in the organization) has held, or has held an interest in, a lice in an er c munity, and if so, when, where, and what for. 5. Whether the applica ( n holds an interest in the organization) has held, or has held an interest , a li se th as suspended or revoked, and if so, when, where, and what for. 6. Whether ' ant r yone who holds an interest in the organization) has been arreste fo n f any felony, crime, or violation of any ordinance other than a mino ra nse, and if so, when, where, and what for. 7. e c of urance. A certificate of insurance in the amount of$1,000,000 for general o g all aspects of the business operation shall be included. 8. esti tion Fee. An initial investigation fee as provided for by City ordinance shall be p . If the applicant is an individual or an organization whose sole interest is held by an individual, and that individual will be the sole licensed massage therapist providing services at the business, the investigation fee shall be waived. 9. License Fee. An annual license fee as provided for by City ordinance shall be paid. If the applicant is an individual or an organization whose sole interest is held by an individual, and that individual will be the sole licensed massage therapist providing services at the business, the license fee shall be waived. C. Application, Renewal. Application for renewal of an existing license requires the same information as an initial license application except it does not require proof of legal standing through state or federal filing for the organization, lease agreement or other form of agreement for the business location, or payment of an investigation fee. D. Application Submission. The completed application shall be submitted to the City Clerk's office. Incomplete applications cannot be accepted and will be returned to the appli ant. 3-8-3 MASSAGE THERAPISTS: A. License Required. No person shall provide therapeutic massage servic out a se. A licensed massage therapist may only provide therapeutic massage se a licensed therapeutic massage business. A massage therapist license shall o be an individual and shall not be issued to a partnership, corporation or other or iz ity. B. Application, Initial. Application shall be made on a by the City, and shall include the applicant name, contact information, and a h 'n m required by the City or by state statute. A completed application shall also i ude lo 'ng: 1. Proof of Education/Certification. The a 'c t s 1 ave proof of at least one of the following education/certification re s i ctly from the institution, program, or examining board to the City. a. Graduation from a nst 'on gram accredited by the Commission on Massage Therap cc itati (COMTA). b. Passing Res a e Bodywork Licensing Examination (MBLEx) administered y the derati of State Massage Therapy Boards. c. Certific fication from the National Certification Board for Therap tic sage Bodywork(NCBTMB). 2. Gener A o a Release of Private Data. The applicant shall complete a general auth za release of private data form authorizing the City to perform a background c c acc a e with City Code Section 1-11-3. t plicant has held, or has held an interest in, a license in another community, i o, en, where, and what for. 4. ther the applicant has held, or has held an interest in, a license that was suspended or revoked, and if so, when, where, and what for. 5. Whether the applicant has been arrested for or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and if so, when, where, and what for. 6. Investigation Fee. An initial investigation fee as provided for by City ordinance shall be paid. 7. License Fee. An annual license fee as provided for by City ordinance shall be paid. C. Application, Renewal. Application for renewal of an existing license requires the same information as an initial license application except it does not require submission of Proof of Education/Certification or payment of an Investigation Fee. D. Application Submission. The completed application shall be submitted to th City Clerk's office. Incomplete applications cannot be accepted and will be returned to the ap ant. 3-8-4 BACKGROUND INVESTIGATION: A. The Public Safety Department will perform a background inves ompleted application in accordance with City Code Title 1-11-3. 3-8-5 LICENSE APPROVAL/DENIAL: A. Issuing Authority: The City Council is the issuing a r ic applications. B. License Approval. Unless grounds exist for ' s eni a 'cense shall be issued for the calendar year. C. License Denial. The following shall be g unds ying a license application: 1. The business is not an allo u ' th ng district for which it is proposed or does not have conditional us pr 1. 2. Failure of an initial lica o me ducation/Certification requirements. 3. Conviction or dju ion the applicant (or anyone who holds an interest in the organizat , y fo reof whose disposition is pending, for any crime outlined in Minne ta at e, ns 609.281 through 609.292, Sexual and Labor Trafficking Crim , a nesota Statute, Sections 609.293 through 609.353, Sex Crimes. 4. on 'c or djudication of the applicant (or anyone who holds an interest in the 'o , r any form thereof whose disposition is pending, for any conduct outlined i es a Statute, Section 146A.08 Prohibited Conduct. 5. ' tence of disciplinary action against the applicant (or anyone who holds an interest in the organization) by the Minnesota Department of Health Office of Unlicensed Complementary and Alternative Health Care Practice (OCAP). 6. Negative findings revealed during the application review or background investigation. 3-8-6 LICENSE PERFORMANCE STANDARDS: A. All licensed massage businesses and massage therapists must comply with the following performance standards: 1. Compliance with Minnesota Statute, Section 146A. Complementary and Alternative Health Care Practices. 2. Compliance with Standards of Practice published by the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB). Standards specific to the CBTMB will only apply to individuals holding Board Certification with the NCBTMB 3. Massage businesses must maintain general liability insurance coveri all as cts f the business operation. 4. Licenses must be clearly posted at the place of business. sa s licenses are effective for the compact and contiguous space in th pp i se application. A massage business license shall entitle the business o o rapeutic massage services at an event that is open to the general p li fundraiser, community festival or other similar event,provided such se ' e e by a licensed massage therapist employed by the business. 5. A massage business licensee shall be res si e a aspects of the business operation and the conduct of its employees. 3-8-7 PROHIBITED CONDUCT: A. The following conduct is pr ite 1. Any conduct prohi ted u r Mi esota Statute, Section 146A. Complementary and Alternative He i 2. Allowing i ' ual t ensed as a massage therapist to perform therapeutic massage. 3-8-8 LICE NSION/REVOCATION: A. Th it cil ay consider suspension or revocation of a massage business or massage the grounds exist. The City shall provide the licensee proper notice and a hea io s h suspension or revocation. B. Any o e following shall be grounds for suspension or revocation of a license: 1. Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any crime outlined in Minnesota Statute, Sections 609.281 through 609.292, Sexual and Labor Trafficking Crimes, and Minnesota Statute, Sections 609.293 through 609.353, Sex Crimes. 2. Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any conduct outlined in Minnesota Statute, Section 146A.08 Prohibited Conduct. 3. Any disciplinary action against the licensee (or anyone who holds an interest in the organization) by the Minnesota Department of Health Office of Unlicensed Complementary and Alternative Health Care Practice (OCAP). 4. Failure to follow license performance standards. 5. Engaging in, allowing, or failing to prevent Prohibited Conduct outlin in thi ha er. 6. Negative findings revealed during the license period that affec i , health, and welfare. C. License Reinstatement. If the grounds for license suspen ' o ' t, the City Council may consider reinstatement of a suspended license with or i ' ns. 3-8-9 LICENSE EXEMPTION: A. A massage business license or massage therap li ns ' t required for the following: 1. Facilities licensed by the Minnesota epart f ealth. 2. Licensed or Registered Heal Ca ract s that offer massage therapy services under the practitioner's licens ou ' ed Minnesota Statute, Section 146A.065 provided the massage therapy se ' e r ' i red in conjunction with the practitioner's regular licensed activity an ot as istin assage business. 3. Persons licens by t Stat f Minnesota Board of Barber Examiners as barbers or the State of ' Boa o osmetology as cosmetologists,provided such persons do not hold t m �e o fering massage services and provided any massage service is com m o the licensed activity and is limited to the head, neck, hands, or feet. 2. UMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section 41 a a lengthy ordinance, a summary may be published. While a copy of the ent o 'n e i vailable without cost at the office of the City Clerk, the following summary is appro y th City Council and shall be published in lieu of publishing the entire ordinance. City of Cottage Grove Ordinance 996 The enacted adopted by the Cottage Grove City Council on October 3, 2018 modifies the City Code to repeal outdated language related to the licensing of saunas and massage parlors to incorporate more modern business practices for massage therapy, incorporating industry-standard educational requirements, background investigations, performance standards and license approval/denial process. The full text of Ordinance 996 is available at Cottage Grove City Hall during regular business hours. Joe Fischbach City Clerk SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 3rd day of October, 2018. Myron ' ey, a Attest: Joseph Fischbach, City Clerk Published in the South Washington County Bulle o c e 7, 2018.