“Massage therapy establishment” means premises occupied and used for the purpose of practicing massage therapy or massage therapy training; provided that when any massage therapy establishment is situated in any building used for residential purposes, the massage therapy establishment premises shall be set apart and shall not be used for any other purpose.
§452-3 Massage therapy establishments to be licensed. No massage therapy establishment shall be operated unless it has been duly licensed as provided for in this chapter. [L 1947, c 192, §3; RL 1955, §63-3; HRS §452-3; am L 1980, c 208, §5; am L 1981, c 82, §28; am L 1987, c 190, §3; am L 1990, c 205, §2]
(b)The principal massage therapist shall be responsible for the conduct of all massage therapists, apprentices, and any other persons affiliated or connected with the massage establishment while those persons are within the premises of the massage establishment.84-4(c)To qualify as a principal massage therapist, a person must be licensed.(d)The principal massage therapist shall be responsible for all lascivious conduct, lewdness, or any sexual act conducted by any person in the massage establishment.
Administrative Regulations: §16-84-15
§16-84-15 Massage establishment and out-call massage service requirements.
(a) No massage establishment or out-call massage service shall be licensed or allowed to operate unless the massage business thereof is under the direct management of a massage therapist designated as the principal massage therapist and the name of the person has been recorded with the board’s office.
(b) An establishment or out-call massage service shall notify the board within five days after the disassociation of its principal massage therapist. The establishment and out-call massage service shall have ten days from the date of disassociation of the principal massage therapist in which to designate another massage therapist as principal massage therapist. If after fifteen days from the date of the disassociation of its principal massage therapist the establishment or out-call massage service has not designated another principal massage therapist, the license of the establishment or out-call massage service shall be automatically suspended. Suspension shall remain in effect until such time as a massage therapist is designated principal massage therapist and the person’s name is recorded at the board’s office.
(c) Every establishment shall display, in a conspicuous place, its license, together with the licenses and permits of all persons employed by the establishment with the current validation of the certificates of the massage therapists and apprentices.
(d) No establishment shall operate without a licensed massage therapist in attendance on the premises of the establishment at all times. During the absence of the principal massage therapist, a massage therapist must be designated to act in that capacity. That designated person, with the principal massage therapist, shall be responsible for the operation and activities of the establishment during the absence of the principal massage therapist.
(e) An establishment or out-call massage service may be charged either separately or with its principal massage therapist with any violation of the law or rules of the board.
(f) No establishment or out-call massage service shall employ, allow, or permit any unlicensed person to practice massage or assist in the practice of massage on its premises, except if the person has an apprentice permit.
(g) Every massage establishment or out-call massage service shall be responsible for all lascivious conduct, lewdness, or any sexual act on its premises.
(h) The maximum ratio of apprentices to each massage therapist in any establishment shall be ten to one.
(i) Every establishment shall assure proper supervision and training of the apprentice. The establishment shall notify all customers when they are to be Massaged by an apprentice. If upon notice the customer does not want a massage
By an apprentice, the establishment shall furnish a massage therapist or refund any money paid in advance by the customer for the massage. Apprentices shall not be sent on hotel or house calls.
(j) All establishments may be inspected at any time during business hours by any member of the department of health or the board or their authorized agents. Appropriate identification shall be presented by the investigators on request.
(k) Rest quarters provided for employees shall not be used for massage purposes and shall be properly identified by a sign over the doorway.
(l) No establishment shall install or permit the use of any locks on the doors of massage rooms. Any device used to secure a door against easy entry or exit shall be considered a lock.
(m) An establishment or an out-call massage service license is nontransferable. Application for a new license must be made within ten days after the death of the owner or upon sale or transfer of the establishment and the out-call massage service.
(n) When relocating an establishment, all requirements shall be fulfilled except for the license fee.
(o) When relocating an out-call massage service, all requirements shall be fulfilled except for the license fee and sanitation clearance form.
[Eff3/28/66; am 4/4/70; am and ren §16-84-15, 6/22/81; am and comp 4/9/82; am and comp 7/19/87; am and comp 3/26/90](Auth: HRS§452-6)(Imp: HRS§§452-3,452-6, 452-13, 452-15, 452-19)