Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 84 - MASSAGE THERAPY › Subchapter 4 - ESTABLISHMENT AND OUT-CALL MASSAGE SERVICE CONDITIONS › Section 16-84-15 - Massage establishment and out-call massage service requirements

Current through June, 2024
(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.