2016 -- S 2428

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LC003744

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BODY WORKS SERVICES

ESTABLISHMENTS

     Introduced By: Senators Doyle, Crowley, Conley, and Nesselbush

     Date Introduced: February 11, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 89

BODY WORKS SERVICES ESTABLISHMENTS

     5-89-1. Short title. -- This act shall be known and may be cited as the "Body Works

Services Establishments Act."

     5-89-2. Definitions. -- When used in this chapter:

     (1) "Applicant" means any person, firm, partnership, corporation or any other entity that

applies for a license to the department of health as required by this chapter.

     (2) "Approved" means approved by the department of health in accordance with accepted

standards.

     (3) "Body rubs and body stimulations" means the manipulation or conditioning of part or

parts of the body by any means not regulated by chapter 20.8 of title 23.

     (4) "Body works and body works services" means body rubs, body stimulations, spa

services, and spa treatments.

     (5) "Body works establishment license" and "establishment license" means the license

required by §5-89-3.

     (6) "Body works personnel license" and "personnel license" means the license required

by §5-89-4.

     (7) "Department" means the Rhode Island department of health and any agent authorized

to act on its behalf.

     (8) "Establishment" means the office, place of business, premise, or location wherein

body works are offered or provided for hire, reward, or compensation.

     (9) "Personnel" means any person who performs body works services for hire,

compensation, or reward or any person who is employed by or otherwise compensated by any

establishment as defined herein, or any person who is permitted by an establishment to conduct

any type of business for reward, hire, or compensation within said establishment.

     (10) "Spa services and spa treatments" means any service or treatment not regulated by

chapter 20.8 of title 23, to treat the skin or body for remedial, hygienic, relaxation, or other

purposes, including, but not limited to, vapor, pool, baths, saunas, dry saunas, towel treatments,

showers, body scrubs, and body showers.

     (11) "Specified anatomical areas" means human genitals, pubic regions, buttocks, or

female breasts below a point immediately above the top of the areola.

     (12) "State" means the state of Rhode Island, and any agency thereof including, but not

limited to, the department of health.

     (13) "Supervisor" means the person or persons designated by an establishment to ensure

compliance with this chapter.

     5-89-3. Body works establishment license required. -- (a) No person, firm, corporation,

partnership or other entity shall open a body works establishment for the purpose of providing

body works services for hire, compensation or reward without first obtaining a license from the

department of health.

     (b) The department shall provide an application requiring the following information:

     (1) The full legal name and any other names used by the applicant if the applicant is an

individual; otherwise, if the applicant is a:

     (i) A partnership, the legal name of the partnership and the names and addresses of all

general partners;

     (ii) A corporation, the legal name of the corporation and the names and addresses of each

officer or director of said corporation;

     (iii) No establishment shall operate under any other name unless such name is registered

with the department as provided herein;

     (2) The current residential address and telephone number of the applicant, partner or

officer or director, and any other residential or business address used by the applicant, partner,

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officer or director within five (5) years of the application date;

     (3) A copy of the applicant's, partner's, officer's or director's driver's license or other state

or government issued identification. In no event shall any person under the age of eighteen (18)

years of age be issued a license;

     (4) The applicant's business, occupation, or employment history for the five (5) years

immediately preceding the date of the application;

     (5) Whether the applicant, or any partner, officer or director has previously possessed a

license, or an interest in an establishment as defined herein, within five (5) years of the

application date, and whether any prior body works establishment license has previously been

suspended, or revoked and the reasons therefor;

     (6) Whether the applicant, or any partner, officer or director has been convicted or pled

nolo contendere to any felony or misdemeanor in this state or any other jurisdiction;

     (7) The approximate number of employees that the establishment intends to employ. Any

establishment granted a license shall be required to provide a list of all employees, their addresses

and license numbers to the department within seventy-two (72) hours of their hiring. This

provision shall apply to any general manager, manager, or any other individual in a supervisory

role, whether they are performing body works services or not;

     (8) The address at which the establishment intends to offer body works services, and

whether the applicant intends to provide body works services off-site or at private residences or

other locations in addition to its primary place of business. If the establishment intends to operate

at more than one location, it shall designate a primary address for receiving all correspondence

related to its license renewal;

     (9) Any other information that the department shall request as part of the application

process;

     (10) All applicants, partners, officers or directors shall execute a waiver or authorization

permitting the department conduct a criminal background check as part of the application process.

No application shall be processed until all information is provided, all background checks are

complete, and all fees are paid;

     (11)(i) The department, consistent with its obligations contained herein, shall promulgate

standards and guidelines establishing whether any prior criminal history of an applicant, partner,

officer or director should be grounds for denial of a license. The department shall consider

whether any criminal conviction of an applicant poses a threat to the customers of the personnel

or establishment and/or whether any offense is a crime of violence which would pose a threat to

the customers of the personnel or establishment. The existence of a criminal conviction or plea of

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nolo contendere of any applicant shall not automatically be a bar to the applicant's license;

     (ii) In the event that the department determines that a license shall not be granted based

on the criminal history of an applicant, it shall provide the applicant, partner, officer or director

an opportunity to request a hearing to contest such a denial. Appeals of any denial after such a

hearing shall be governed by the provisions contained in chapter 35 of title 42;

     (12) Any establishment granted a license pursuant to this chapter shall notify the

department, within seven (7) days, of its business address;

     (13) Establishment licenses issued pursuant to this chapter shall expire one year from the

date of issuance. Applications for renewal must be submitted at least thirty (30) days prior to the

expiration date, and must be accompanied by a renewal application, and other information as

required by the department.

     (c) The licensing fee to obtain a body works establishment license, and any renewal

thereof shall be one hundred dollars ($100). A body works establishment license is non-

transferable.

     5-89-4. Body works personnel license required. -- (a) Any person who seeks

employment at a body works establishment must obtain a body works personnel license issued by

the department before performing or offering to perform any body works services for hire,

compensation, or reward; before being compensated for any services or work in any

establishment; and before conducting any type of business for reward, hire, or compensation

within any establishment.

     (b) The department shall require an applicant to provide the following information:

     (1) The full legal name and any other names used by the applicant;

     (2) The current residential address and telephone number of the applicant, and any other

residential or business address used by the applicant within five (5) years prior to the application

date;

     (3) A copy of the applicant's driver's license, or any other state or government issued

identification. In no event shall any person under the age of eighteen (18) years of age be granted

a license;

     (4) The applicant's business, occupation, or employment history for the five (5) years

immediately preceding the date of the application;

     (5) Whether the applicant has previously possessed a license within five (5) years of the

application date, and whether any such license has previously been suspended or revoked, and the

reasons therefor;

     (6) Whether the applicant has been convicted or pled nolo contendere to any felony or

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misdemeanor in this state, or any other jurisdiction;

     (7) The name(s) of the establishment at which the applicant plans to be employed, if

known at the time of the application, and whether the applicant intends to provide body works

services off-site, or at private residences or other locations if the applicant is to be self-employed.

If the applicant intends to work at multiple businesses, they shall designate a primary address for

receiving all correspondence related to their license renewal;

     (8) Any other information that the department shall request as part of the application

process;

     (9) All applicants shall execute a waiver or authorization authorizing the department to

conduct a criminal background check of the applicant as part of the application process. No

application shall be processed until all information is provided, any background checks complete

and all fees are paid;

     (10)(i) The department, consistent with its obligations contained herein, shall promulgate

standards and guidelines establishing whether any prior criminal history of an applicant, partner,

officer or director should be grounds for denial of a license. The department shall consider

whether any criminal conviction of an applicant poses a threat to the customers of the personnel

or establishment, or whether any offense is a crime of violence, which would pose a threat to the

customers of the personnel or establishment. The existence of a criminal conviction or plea of

nolo contendere of any applicant shall not automatically be a bar to the applicant's license;

     (ii) In the event that the department determines that a license shall not be granted based

on the criminal history of an applicant, it shall provide the applicant, partner, officer or director

an opportunity to request a hearing to contest such a denial. Appeals of any denial after such a

hearing shall be governed by the provisions contained in chapter 35 of title 42 (the administrative

procedures act);

     (11) Any person granted a license pursuant to this chapter shall notify the department,

within seven (7) days, of any change of residential or business address.

     (12) Personnel licenses issued pursuant to this chapter shall expire one year from the date

of issuance. Applications for renewal must be submitted at least thirty (30) days prior to the

expiration date, and must be accompanied by a renewal application, and other information as

required by the department.

     (c) The licensing fee to obtain a body works personnel license, and any renewal thereof

shall be sixty dollars ($60.00). A body works personnel license is non-transferable.

     5-89-5. Exceptions and exclusions. – (a) Physicians, nurses, physical therapists, school

athletic trainers, chiropodists, chiropractors, massage therapist, barbers, hair dressers, manicurist,

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estheticians and any other business duly licensed by the state under this title are exempt from the

license requirements of this chapter.

     (b) Hospitals, nursing, convalescent homes, and any other person, entity, firm or

corporation providing health care services, and other similar licensed institutions, where massage

and baths may be given as part of a course of health care, are exempt from the license

requirements of this chapter.

     5-89-6. Authority to promulgate rules. -- The department is hereby directed to

formulate rules and regulations governing body work personnel and body work establishments,

and to establish fees for the issuance of licenses, including establishing licensing fees for body

works personnel, fees for licensing of each establishment, as set forth in §§5-89-3 and 5-89-4, and

for any other fees as the department may establish from time to time.

     5-89-7. Employee and independent contractor restrictions. -- No establishment shall

permit any person not holding a valid personnel license to provide or offer to provide any body

works services, or otherwise conduct any business in the establishment. Nothing contained herein

shall prevent any establishment from utilizing independent contractors; provided that they are

duly licensed pursuant to this chapter.

     5-89-8. Required records. -- Every body works establishment shall maintain records on

the premises of all personnel. The records shall be subject to inspection upon request by any

agent of the department. The records shall include the following:

     (1) Each person's full legal name, date of birth, home address, and telephone number,

employment position, date first employed, and, if applicable, date terminated.

     (2) Each person's body works personnel license number, and the expiration date of said

license.

     (3) All current personnel records and records of all persons associated with the

establishment for the previous year.

     5-89-9. Display of licenses. -- (a) Body works personnel license. Every licensee shall

carry their original personnel license at all times when on the premise of an establishment during

the hours of operation; provided, further, every licensee shall display their original personnel

license in a conspicuous manner whenever practicing or providing body works for hire, reward,

or compensation.

     (b) Body works establishment license. The body works establishment license shall be

conspicuously displayed in a public area of the body works establishment at all times.

     5-89-10. Advertisement. -- (a) No person, firm, partnership or corporation shall

advertise any body works services, unless such services are to be performed by a licensed body

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works personnel;

     (b) No person, firm, partnership or corporation shall advertise any body works

establishment unless the advertisement includes the body works establishment license number.

     5-89-11. Facilities. -- Every establishment licensed pursuant to this chapter shall meet the

following standards:

     (1) It shall be connected to the public sewerage system, or an approved private sanitary

sewage system in the event public sewerage is not available.

     (2) It shall be well lighted, well ventilated and properly heated when seasonally indicated.

     (3) No room used by personnel or an establishment to provide body works may be used

as a residence or sleeping quarters.

     (4) There shall be sanitary and working bathroom facilities within the premises, readily

available to the patrons, and affording sufficient privacy. All such facilities shall comply with all

health and safety codes, and shall be handicapped accessible.

     (5) Adequate dressing rooms protecting the privacy of patrons and employees shall be

provided and accessible at all times.

     (6) All rooms and furniture and equipment including instruments, devices, robes, sheets,

blankets, pillow cases, towels and any other apparel utilized therein shall be kept clean and sterile

at all times.

     5-89-12. Sanitation and decency code. -- (a) All personnel engaged in the practice of

body works shall wear garments which cover the entire body, exclusive of the head, neck, arms,

legs, hands and feet. All personnel must be fully covered, from a point not more than four inches

(4") above the center of the kneecap to the base of the neck, excluding the arms. Such garments

shall not be transparent, and must be maintained in clean and sanitary condition.

     (b) It is unlawful for any personnel to directly or indirectly touch or offer to touch a

customer's specified anatomical areas.

     (c) All customer's specified anatomical areas must be fully draped at all times while any

personnel is in the same cubicle or room.

     (d) No instruments or devices designed or used for direct application to the skin shall be

applied directly to the skin unless sterilized.

     (e) All personnel shall thoroughly cleanse their hands by washing with soap and hot

water immediately before and after providing body works services.

     (f) The department may, at any time, with or without prior notice, inspect an

establishment, and investigate the manner of the operation of the establishment to insure that it is

operating in compliance with this chapter.

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     5-89-13. Zoning, municipal ordinances and health and safety codes. -- Any

establishment licensed under this chapter shall be required to comply with all zoning ordinances

and land use regulations in the municipality in which it is located. The department may require

proof that the establishment is in compliance with all relevant zoning ordinances and shall from

time to time conduct inspections of any establishment to determine whether it is in compliance

with all municipal and state health, safety, building, fire and safety codes.

     5-89-14. Warning systems prohibited. -- Devices which can be utilized as an early

warning system to alert personnel, supervisors, owners, or any other persons to the presence of

law enforcement, regulatory personnel or any state or local authorities on the premises are

prohibited in body works establishments. Such prohibited devices include, but are not limited to,

light or music dimmers, electronic detection devices, external or internal video equipment and

alarm systems other than those used for fire alarms.

     5-89-15. Hours of operation. -- No establishment shall offer or provide body works

services or otherwise be open for business between the hours of 10:00 p.m. and 8:00 a.m.

     5-89-16. Violations. -- No establishment shall cause, allow or permit any violation of any

criminal law or ordinance violation to occur on its premises, including, but not limited to, any

proscribed conduct contained in title 11.

     5-89-17. Enforcement and revocation of license. Each day a separate offense. -- (a)

Any license issued pursuant to this chapter shall be subject to immediate suspension by the

department for violation of any provisions of this chapter or any other law, rule or regulation

established by the department or for any violation of the criminal laws of this state or any

violation of any ordinance of any municipality in which the establishment is located. Any

suspension of license shall be in addition to any other penalty which may be imposed as a result

of a violation.

     (b) Any person, firm, corporation, or other entity who violates any provision of this

chapter shall be guilty of a separate offense for each and every day during any portion of which

any such entity commits, continues, permits, or causes a violation thereof.

     (c) Upon the finding of probable cause that a violation has occurred and the personnel's

or establishment's license suspended, the department shall afford the licensee a hearing to contest

the suspension order. If after hearing, the department orders the license revoked, the licensee may

appeal the revocation pursuant to chapter 35 of title 42 (the administrative procedures act).

     (d) Criminal penalties. In addition to any applicable provisions of this chapter or of the

general laws, any violation of this chapter may be prosecuted as a misdemeanor and punishable as

follows: upon a first conviction, by a fine not exceeding one hundred dollars ($100); upon a

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second conviction within one year, by a fine not exceeding two hundred dollars ($200) or by

imprisonment not exceeding thirty (30) days, or both; and upon any third or subsequent

conviction within one year, by a fine not exceeding five hundred dollars ($500) or by

imprisonment not exceeding one year, or both.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BODY WORKS SERVICES

ESTABLISHMENTS

***

     This act would regulate and establish licensing requirements and procedures for operating

any establishment or personnel in the business of so-called body works services, as opposed to

massage therapists and would provide for civil and criminal penalties for violations of the act.

     This act would take effect upon passage.

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