North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-03 - Massage Establishments › Chapter 49-03-01 - Requirements for Massage Establishments › Section 49-03-01-01 - Sanitation, location, and conditions

Current through Supplement No. 393, July, 2024
1. The portion of a
				massage establishment in which a massage is provided, and any waiting room and
				hallway leading to that area, must be in a safe, clean, and sanitary condition
				at all times. This subsection does not apply when the massage is provided in a
				client's own home, or when the massage is provided as a public demonstration in
				a location other than the massage therapist's usual establishment.
2. If the massage establishment is also the
				residence of the massage therapist providing the massage, the room must be set
				up as a professional setting and maintained in a safe, clean, and sanitary
				condition when it is being used for massage purposes.
3. Any mirrors and windows in the massage
				establishment will be positioned or covered in a manner to maintain the privacy
				of the person receiving the massage at all times during the massage and while
				the client is dressing and undressing.
4. Prior to providing massage to a new
				client, the therapist shall introduce themself and explain to the client
				details of what to anticipate during the massage, including how draping of the
				client is performed during the massage and as the client is asked to change
				positions during the massage. A written informed consent must be signed by the
				client prior to starting the massage. A therapist must provide draping and
				treatment in a way that ensures the personal safety, comfort, and privacy of
				the client.
5. The therapist is
				responsible for maintaining all equipment and supplies in good working order
				and in accordance with any manufacturer's instruction.
6. It is unlawful for a massage therapist to
				provide alcohol to a client in the portion of a massage establishment in which
				a massage is provided.
7. The
				establishment must have an adequate supply of hot and cold running water to
				conduct business in a sanitary manner. A restroom must also be available on the
				premises.
8. Licensees shall
				maintain records of their clients and ensure that client records are stored so
				they are not readily accessible to the public.
9. No smoking may occur in the portion of the
				massage establishment in which a massage is provided.
10. All tools, instruments, implements, and
				equipment must be clean and disinfected before use on a client.
11. All linens, coverings, sheets, towels,
				and pillow casings must be properly cleaned before coming into contact with a
				client.
12. All liquids, creams,
				and other products must be kept in clean, closed containers. Original product
				bottles and containers must have an original manufacturer label disclosing
				contents. All products used on a client must be dispensed by a spatula, scoop,
				spoon, squeeze bottle, pump, dropper, or similar dispenser, so the remaining
				product is not contaminated. Unused products applied to one client must be
				disposed of and not used on another client.
13. Cabinets, drawers, and containers used
				for storage of tools, equipment, instruments, and towels/linens must be
				clean.
General Authority:
NDCC 28-32-02,
					 43-25-03
Law Implemented:
NDCC
					 43-25-03