CITY COMMISSION AGENDA MEMO
September 27, 2018
FROM:

Kiel Mangus, Assistant City Manager
Jared Wasinger, Assistant to the City Manager

MEETING:

October 2, 2018

SUBJECT:

Massage Therapy Ordinance Discussion ItemPRESENTER(S):Kiel Mangus, Assistant City Manager
Jared Wasinger, Assistant to the City Manager

BACKGROUND
Kansas is one of only two states that does not regulate massage establishments. Majorityof states have a Massage Therapy Board that regulates massage therapy licenses. The
biennial licensing fees range from $60 to $300. Most states require 500 to 600 hours ofmassage therapy education and also require applicants to pass a state or national
examination, as well as some level of background check. Kansas Legislature has notbeen able to institute a state law regulating the industry even though there have bills andefforts proposed for the last five years. The absence of regulations at any level has led
many cities in Kansas to see increased illegal activity centered around the massage
industry. Several cities in Kansas have enacted local ordinances regulating this industry
to combat illegal massage businesses that may engage in human trafficking and otherillegal activities in their business.
Riley County District Attorney Barry Wilkerson requested that the City please look into
the regulation of this industry. He sent a letter request (see enclosure) for the City topass an ordinance regulating the massage industry this summer. The City has also
worked with Riley County Police Department (RCPD) on their thoughts and ideas
regarding regulations. City Commissioners are interested in adopting a local ordinanceto help combat human trafficking and provide a safe environment for the generalpublic/therapists. Staff believes that while most massage businesses in Manhattan arelegitimate, implementing this ordinance would help stop human trafficking cases that
could occur from making it to prosecution in the first place, by setting standards withwhich businesses must comply. Generally, members of the massage therapy community
have supported regulation at the state level of some sort, but the State has been unable topass any legislation. There has been legislation at the State level proposed for licensure
under the Cosmetology Board/Board of Healing Arts/Nursing.

A public meeting with massage businesses and therapists was held on Wednesday
September 19th. Over 20 people from the massage therapy community attended. Kurt
Moldrup from RCPD also attended.
Basic information was shared with the group as to what the City was trying toaccomplish with massage business/therapist licensing. Some general ordinance basics
were also shared based upon research the City had done on other communities in Kansas(see attachment). Feedback/comments from the group included the following:-General comment that regulation should occur at the State level vs local.
-Concern about fees if state regulation/licensing occurs. Would the City licenseand fees go away?
-Defining the reason for the Ordinance. Concern that Commission is onlyinterested in human trafficking issues. Professionals wanted regulations designed
to protect health/safety/welfare of general public and practitioners-Clear definitions of massage therapy. What it is and what is isn't.
-Desire from some therapists to be able to provide services in hotels.
-Therapists who have their business in their home were greatly concerned about
closure of their business/what this ordinance would do to them.
-Level of minimum education requirements was discussed. What is the minimum?
How do we define schools that have gone out of business? How do you verify
someone who has operated in Manhattan for some time?
-Are you grandfathering in current operators?
-Continuing education credits. Group was split on requiring continuing educationcredits or not.
-Client confidentiality. Concern about client logs, providing that information to theCity. HIPPA concerns.
-Insurance requirements?
-Ability to perform massages in hotels or not. Would like to be able to.
-How do you define modest attire?
-How do you handle student massages?
-Felt it was unreasonable to say keep doors unlocked at all times. Some worked
with minimal staff and felt unsafe as evening came around so locked doors fortherapist safety-How does this help RCPD better enforce/engage with problem businesses andpractitioners?
-What professional organizations/associations will the City utilize for standards?

DISCUSSIONCity Administration did research of other cities in Kansas, prior legislative bills
proposed, and what other state level licensing programs require in order to build an ideaof what would be required in regulating massage therapy.

Based upon research of what other cities have done a massage therapy licensing program
would involve the following basic items:-Massage Business License: Owners information/Fee/Inspection/criminal
background checks-Massage Therapist License: Therapist information/Fee/criminal backgroundchecks; must meet educational/training standard: possible grandfathering ability
for existing practitioners if they have tax returns/receipts/advertising/etc for 1year; possible continuing Education Requirements-Massage Therapy Operation Regulations: Daily logs of staff/patrons, attire forstaff (fully clothed and covered, modest attire), sanitary Health conditions (cleanroom, clean towels/practices, basic code compliance), restricted contact(prohibiting contact to patron's public region, genitals, perineum, anal region,
and/or female breast), limited business hours (no overnight stays), no alcohol in
massage establishment portion, no patrons under 18 without parental consent-Enforcement: Civil Offense penalties (fine of not more than $500 for each
offense and/or up to 6 months imprisonment); revocation of license (revoked bycity clerk/city manager after public hearing if ordinance is violated, operator isconvicted of criminal offense, operator refuses to allow RCPD/Code Officer toinspect), suspension of license (suspension based on charged criminal offense iseffective immediately until court rules on criminal offense, unless therapist files anappeal); appeal Process (licensee has time frame to appeal denial of license to City
Manager or representative, if representative upholds denial then licensee has timeframe to appeal to district court).
Massage therapy is a healthcare service that involves the external manipulation orpressure of soft tissue for therapeutic purposes. It is the application of a system ofstructured touch, pressure, movement and holding of the soft tissue of the human body inwhich the primary intent is to relieve pain, improve circulation, relieve stress, increase
relaxation and enhance or restore the health and well-being of the client. The practice of
massage therapy includes complementary methods, including the external application ofwater, heat, cold, lubrication, salt scrubs, body wraps or other topical preparations; andelectromechanical devices that mimic or enhance the actions possible by the hands. Thisdefinition was taken from a 2018 State Legislative licensing bill.
"Massage" or "massage therapy" would not include diagnosis or treatment or use ofprocedures for which a license to practice medicine or surgery, chiropractic, or podiatry
is required, and does not include the laying on of hands performed within the context ofreligious or spiritual beliefs. This would include exemptions such as licensed physicians,
surgeons, chiropractors, osteopath, physical therapists, nurses, etc. It would not include

barbershops or beauty salons who massage scalp/face/neck/shoulders.
City Administration is looking for feedback regarding licensing of businesses/therapists:-Is there a general desire to license businesses/therapists?
-Are Commissioners okay with a biennial fee or annual fee?
-Where do commissioners want to allow these businesses? Many cities don't
allow massage businesses in residential homes or services at hotels. Feedback
from therapists was concern on limiting this. Solution could be grandfathering
current residential businesses, but limiting future ones. Current ones would have topass inspection standards like commercial ones.
-Patron Registers/Therapist registers. Keeping track of employees and clients via
a register. Some therapists expressed concern about this. Nearly every City in KS
who has massage therapy regulations requires this.
-Any other comments/ concerns from Commissioners before we bring back an
ordinance?

FINANCING
The estimated fiscal impact to the City is minimal. Currently the City does not have alicense and fee for massage business or massage therapists. It is anticipated that thelicensing fees charged would offset administration costs of licensing the businesses andtherapists. It is estimated there are in the range of 25-30 massage businesses in thecommunity and at least double that amount or more of massage therapists. City
Administration is not proposing adding any staff for administration of this program.
Based on the number of establishments it is anticipated that City Code staff could
perform an inspection yearly if necessary, but likely not more than that.

ALTERNATIVESAs this is a discussion item, City Administration is looking for feedback on whether or
not to pursue licensing massage therapy establishments and massage therapists, andspecifics of such an ordinance if a majority of the City Commission is willing to pursue.

RECOMMENDATIONCity Administration is seeking feedback and comments on the discussion item so an
ordinance can be drafted and brought back to the Commission at a later time forconsideration.

POSSIBLE MOTION
No motion needed as this is a discussion item.

Enclosure(s):1.
Letter from District Attorney Barry Wilkerson on Massage Therapy
2.
Components for Potential Massage Therapy Ordinance3.
Ordinance Requirements from Other Cities in Kansas
4.
PowerPoint Presentation

Components for Discussion of Possible Massage Therapy Ordinance
Draft components presented based on local ordinances from cities in Kansas, HB 2557 (Massage Therapist
Licensure Act), and feedback from a public meeting with Message Therapy Establishment
owners/practitioners held on Sept. 19, 2018.
October 2, 2018 – City Commission Legislative Meeting Discussion Item

MASSAGE ESTABLISHMENTS – Possible Requirements for future Ordinance
The operation of any massage therapy establishment could be subject to the following regulations/requirements as
proposed by City Administration with feedback from the City Commission:
Application/License Requirements to operate a Massage Therapy Establishments
 The applicant (owner/manager/sole proprietor) must provide and subject to following during the application
process:o Name, Driver’s License or KS ID information, Social Security Number, Phone, Emailo Business information: Legal Business Name/Address/Phone/KS Tax ID
o Is the applicant a massage therapist (yes/no)o Previous Employment – 3 yearso Background Information
 Have you had a previous establishment or therapist license? Was it ever revoked or suspended?
 If so list the name/location/contact
 Have you ever been charged or convicted of a crime, felony, etc.
 Criminal Background Check – Applicant must provide signed authorization to performbackground checko Fee:
 Application Fee: $200
o Renewal (biennial) Renewal Fee: $200

Operation Requirements for Massage Therapy Establishments
 Possible Permitted Locationso Massage Establishmentso Accessory massage services to another main businesso “Off-site massage therapy” - massage therapy that is provided by a massage therapist on the business orresidential premises of a massage patrono “Residential Massage Establishments” – massage therapy that is provided by a massage therapist andsolely operated in a residential premise (LOOKING FOR FEEDBACK HERE)o Hotel rooms (LOOKING FOR FEEDBACK HERE)

Daily Logs (subject to inspection)o Keep and maintain on the premises a current register of all massage therapists (required to keep
register for 1 year)
o Will keep a daily register at the massage therapy establishment of all patrons including contact info, as
well as the Licensed Therapist performing duties on patron (1 year)
Attireo While performing or available to perform Massage Therapy or related services, all employees and
Massage Therapists shall be fully clothed and covered, modestly attired, clean, and wearing clean outergarments.
1

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





No owner, manager, Massage Therapist or employee, while performing any task or service associatedwith the Massage Therapy, shall be present in any room with a Patron, or allow any other person to bepresent in a room with a Patron (excluding bathrooms, dressing rooms, or any room utilized for dressing
purposes), unless the Patron’s Specified Anatomical Areas are fully covered by towels, cloths or
undergarments.
Sanitary/Health Conditionso A licensed establishment and all equipment must be kept routinely clean and operated in a sanitarymanner.
o All surfaces subject to dermal contact used in the treatment of clients must be completely cleaned anddisinfected after every use or covered with a fresh, sanitary, disposable liner or cover or with a cloth
sheet or cover that has not been previously used for a different client since laundering.
o Clean, laundered sheets and towels will be provided to patrons for use. Such items will be launderedafter each use thereof and stored in a sanitary manner.
o Lavatory and toilet facilities must be provided, along with adequate and convenient hand-washingfacilities, including hot and cold running water, soap and towels, which are accessible to employees.
o Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned anddisinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected
after each use.
Contacto Any contact or offering of any contact by a licensee, operator, massage therapist or employee with apatron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
Other Operational Requirements to considero Massage Operation Hours: between 6am
and 12amo No serving of alcoholic beverages/if
accessory no alcohol in massage
establishment portionooo No overnight stays
No patrons under the age of 18 without a parent or
guardian presence
Access to facility during business hours

Inspection Requirements for Massage Therapy Establishments Performed by Fire/Code Department or Riley County Police Officers during following circumstanceso Complainto Prior to openingo Annual inspection

MASSAGE THERAPISTS – Possible Requirements for a Draft Ordinance (pulled from other Cities/State)
Application/License Requirements for Massage Therapists
 The applicant must provide and subject to following during the application process:o Name/DL# and Information/SS#/Phone/Emailo Previous Employment – 3 yearso Background Information
 Have you had a previous therapist license/was it revoked suspended etc.
 If so list the name/location/contact
 Have you ever been charged or convicted of a crime, felony, etc.
 Background Check: Signed authorization to perform background checko Upon receiving license – must be displayedo Fee:
 Application Fee: $75
o Renewal Fee (biennial) Application Fee: $75
2o

Education Requirements
 To be eligible for a Massage Therapist License, the applicant must provide proof of thefollowing:o The applicant must be at least eighteen years of age and a lawful citizen or
resident of the United States.
o The applicant must not have been convicted or released from imprisonment
after conviction of a felony or any crime involving moral turpitude within five
years immediately preceding the date of application. For the purposes of thissection the term "conviction" shall include being placed on diversion, entering
into a deferred judgment program, or being adjudged guilty upon entering aplea of no contest.
o The applicant must not be currently under indictment, charge or information for
any felony or any crime of moral turpitude.
o The applicant must not be a registered sex offender with any federal, state or
local government.
o The applicant must provide one of the following: (a) Proof the applicant has sat for and passed the Massage andBodywork Licensure exam (MBLEx); or (b) Proof the applicant has sat for and passed the National Certificate ofTherapeutic Massage and Bodywork exam (NCTMB) prior to February 1,
2015; or (c) An official transcript showing the applicant has successfullycompleted a minimum of five hundred instructor taught classroom
hours within a recognized massage therapist school; or (d) Proof of one hundred fifty hours of education from an accredited
institution, at least twelve hours of continuing education units in thelast five years, and membership in a nationally recognized massage
therapy association.
 Existing practitioners. For a period of one year after effective date ofordinance an applicant could obtain a renewable permit by meeting oneof standards a-d OR provide practice in City for at least last 5 years
verified by affidavit/tax return/tax receipts/advertising literature/etc.
New permits would have to meet education requirements a-d.
o The applicant must not have had a similar type of permit or license suspended
or revoked in any jurisdiction within five years immediately preceding the dateof the filing of the application.

Students
 It is unlawful for any individual person to practice massage therapy without a valid massage therapist permit asrequired by this chapter. Provided, however, permits are not required for students enrolled in a massage
therapy program at an accredited institution during the time such student is completing a clinical requirement
for graduation and is practicing massage therapy while under the direct supervision of a massage therapist who
holds a valid permit under this chapter. Direct supervision requires the presence of the massage therapist
holding a permit under this chapter to be on the same premises as the student providing massage therapy
services.

OTHER Considerations
Enforcement considerations for both Establishments and Therapists: Penaltyo Civil Offense with a fine of not more than $500 for each offense and/or up to 6 months imprisonment.
3

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Revocation of Licenseo May be revoked by the City Clerk/City Manager after a public hearing if the ordinance is violated,
operator is convicted of criminal offense, operator refuses to allow RCPD/Code Officer to inspect thepremises.
Suspension of Licenseo May be revoked by the City Clerk/City Manager after a public hearing if the ordinance is violated,
operator is convicted of criminal offense, operator refuses to allow RCPD/Code Officer to inspect thepremises.
o A suspension based on a charged criminal offense is effective immediately until a court of competentjurisdiction rules on the criminal offense, unless the massage therapist files an appeal.
Appealo If the City Clerk or designated representative denies issuance of a license, or issues an order suspendingor revoking a license, the licensee, up to but not more than fifteen (15) days after the order, may appeal
such denial or order to the City Manager or designated representative.
o If the City Manager or designated representative issues an order upholding the denial, suspension, or
revocation of the license, the licensee, up to but not more than thirty (30) days after the order, may
appeal the order to the District Court.

4

Massage Therapy Ordinance Requirements from Other Cities in Kansas
Establishment
RenewalLicense Fee$300
Annual - $150
$300
Annual - $300
$300
Annual - $150
$200**
Annual - $200**$200
Annual - $150
$150
Annual - $150
$300
Annual1$200
Biennial - $200
N/A
N/A
N/A
N/A

City
OlatheOverland Park
LenexaGardner
Bonner Springs
Leawood
MissionWichita
Lawrence
HB 2557

Therapist
License Fee
$75
$75
$75
$25
$125
$75
$50
$75
$75
$80

RenewalAnnual - $35
Annual - $50
Annual - $35
Annual - $25
Annual - $75
Annual - $75
Annual - $50
Biennial - $75
Biennial - $50
Biennial - $75

KBI Background
Check
Yes
Yes
Yes
Yes
Yes
Yes*
Unknown
Yes
Unknown
Yes

DL/KS ID
Verification
Yes
Yes
Yes
Yes
Yes
Yes*
Unknown
No
UnknownYes

1

Mission's renewal fee is based on square footage of facility, similar to their general business license* Only during initial application - not during renewals** $50 License for Home Occupation

In-HomeEstablishments

City

Hotel Rooms

Hours of
Operation

Alcohol Allowedin Establishment

Insurance
Requirements

Continuing
Education

No
2
No
No2
No2

No
No
No
No
No
No

No
Yes
Yes
Yes
Yes
No

No
No
Yes
Yes

Yes
No
No
Yes

OlatheOverland Park
LenexaGardner
Bonner Springs
Leawood

No
Yes
Yes
Yes
No
No

Yes
Yes
No
Yes
Yes

6am - 12am
6am - 10pm
6am - 10pm
6am - 12am
6am - 10pm

Yes3

MissionWichita
Lawrence
HB 2557

No
Yes
Yes
N/A

Yes
Yes
Yes
N/A

6am - 10pm4
6am - 8:30pm
6am - 12am
N/A
N/A

5

2

No
No2
No
Yes
N/A
N/A

2

Allows alcohol if massage establishment is Accessory to other business, but no alcohol on premise where massage occurs

3

Leawood does not allow a hotel/motel to received a massage therapy establishment license

4

Leawood 8am - 9pm for out calls

5

Mission - Hotel must be licensed Massage Thereapy Establishment with licensed therapist employed by the hotel

Finger Prints

Daily Log

No
Yes*
No
Yes*
Yes *
Yes*
Yes
No
Yes
Yes

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No

MASSAGE THERAPY REGULATIONS
October 2, 2018
City Commission Work Session

Why Massage Therapy Regulations?
■ Kansas is one of only two states that doesn’t regulate massage establishments.
■ The absence of regulations can be attractive to illicit business, including sexualassault and human sex trafficking.
■ Riley County DA Barry Wilkerson wrote a letter to Commission requesting a
local ordinance be passed in Manhattan.
– City met with RCPD and Riley County DA to discuss basic framework ofprogram■ Massage therapy regulations can help protect the health, safety, welfare ofgeneral public and massage therapy practitioners.
■ Generally, members of the massage therapy community have shown support for
regulation of some sort (split at State level).
■ Best Practice- Several jurisdictions in Kansas have enacted ordinances(Overland Park, Olathe, Wichita, Mission, Leawood, etc.).

Public Meeting■ City Administration/RCPD held public meeting on September 19. Over 20
people from massage therapy attended.
■ Group was given basic information on what City was looking at possibly doing
and trying to accomplish. Basic framework for possible licensing system wasshared for feedback.
■ City Administration took feedback from group to try and incorporate in futureordinance discussion.

Ordinance Pieces■ Massage Business License– Fee, owner information/background checks, inspection■ Massage Therapist License– Fee, information/background checks, meet educational/training standard (possible
grandfathering ability), continuing education requirements, student requirements■ Massage Therapy Business Operation Regulations– Daily logs staff/patrons, attire for staff (fully clothed and covered), sanitary healthconditions in rooms (clean room, clean towels/practices/basic code compliance),
restricted contact, limited business hours (no overnight stays), no alcohol in massage
establishment portion, no patrons under 18 without parental consent■ Enforcement– Civil offense penalties– Revocation of license (ordinance is violated, operator convicted of criminal offense,
operator refuses to allow RCPD/Code officer to inspect)– Suspension of license– Appeal Process (can appeal to City Manager or rep then district court)

Fees■ Massage Therapy Business– $200, biennial– $200, renewal■ Massage Therapist– $75, biennial– $75, renewal

Massage Therapy Definition■ Massage therapy is a healthcare service that involves the externalmanipulation or pressure of soft tissue for therapeutic purposes. It is
the application of a system of structured touch, pressure, movement
and holding of the soft tissue of the human body in which theprimary intent is to relieve pain, improve circulation, relieve stress,
increase relaxation and enhance or restore the health and wellbeing of the client. The practice of massage therapy includes
complementary methods, including the external application of water,
heat, cold, lubrication, salt scrubs, body wraps or other topicalpreparations; and electromechanical devices that mimic or enhance
the actions possible by the hands. This definition was taken from a2018 State Legislative licensing bill.

Massage Therapy Establishments
Exempt establishments■ Establishments exempt from license requirements:– Licensed physician, surgeon, chiropractor, osteopath or physical therapist
when such duly licensed person is directly supervising or administering
Massage to his or her patient– Licensed operator of electrolysis equipment (only with regards to theprovision of electrolysis treatment);– Barbershops or beauty salon which perform Massage only to the scalp, theface, the neck or shoulders– Hospitals/Sanitariums/Medical Centers– Nursing/Assisted Living Homes

Massage Therapy Establishments
Permitted Locations■ Permitted vs Prohibited Locations– Massage Establishments– Accessory massage services to another main business– “Off-site massage therapy” - massage therapy that is provided by a massage therapist
on the business or residential premises of a massage patron■ Prohibited Locations?
– Do we want to prohibit “Residential Massage Establishments” – massage therapy thatis provided by a massage therapist and solely operated in a residential premise(grandfathering possibility)?
– Hotel rooms (concern from therapists on this item)?

Massage Therapy Establishments
Inspection■ Performed by Fire/Code Officers or RCPD Officers:– Occur during operating hours– Complaint– Prior to opening– Annual InspectionMassage Therapists Educational

Requirements■ The applicant must provide one of the following:– (a) Proof the applicant has sat for and passed the Massage and Bodywork
Licensure exam (MBLEx); or– (b) Proof the applicant has sat for and passed the National Certificate ofTherapeutic Massage and Bodywork exam (NCTMB) prior to February 1, 2015;or– (c) An official transcript showing the applicant has successfully completed aminimum of five hundred instructor taught classroom hours within a recognizedmassage therapist school; or– (d) Proof of one hundred fifty hours of education from an accredited institution, atleast twelve hours of continuing education units in the last five years, andmembership in a nationally recognized massage therapy association.
– Existing practitioners. For a period of one year after effective date of ordinancean applicant could obtain a renewable permit by meeting one of standards a-d
OR provide practice in City for at least last 5 years verified by affidavit/tax
return/tax receipts/advertising literature/etc. New permits would have to meeteducation requirements a-d.

Massage Therapy
Questions/Decision Pts■ Desire to license at all?
■ Fees (biennial /amount)■ Where do we want to allow these establishments? (residential homes/hotels)■ Require patron registers/therapist registers■ Other Comments/concerns/questions from Commissioners?