Tenn. Comp. R. & Regs. 0870-01-.03 - PRACTICE STANDARDS AND INSPECTION OF ESTABLISHMENTS

(1) It is the responsibility of establishment owners and responsible persons to ensure compliance with all provisions of these rules and any violation of these rules may result in disciplinary action or denial of licensure pursuant to T.C.A. § 63-18-108.

(2) Standards for Massage Establishments, Personnel, and Equipment

(a) Massage Establishments Standards

1. Establishment owners and responsible persons shall ensure and maintain an adequate waiting area for clients.

2. Establishment owners and responsible persons shall maintain properly installed smoke detectors and fire extinguishers in compliance with local fire codes. If there are no local fire codes, there shall be a minimum of one smoke detector and one fire extinguisher per one thousand (1000) square feet of establishment area. If local fire codes require fire inspections, establishment owners and responsible persons shall maintain written documentation of all fire inspections for a period of four (4) years.

3. Massage therapy may be conducted only in rooms which are adequately lighted and ventilated, and so constructed that they can be kept clean. Establishment owners and responsible persons shall ensure that floors, walls, ceilings and windows are kept clean, in good repair and free of pests.

4. Rest Rooms. Every establishment shall contain rest room facilities for use by clients and employees. Establishments located in buildings housing multiple businesses under one roof such as arcades, shopping malls, terminals, hotels, etc., may substitute centralized toilet facilities. Such centralized facilities shall be within three hundred (300) feet of the massage establishment.

(i) Rest room facilities shall include at least one water-flushed toilet, equipped with toilet tissue, from which the waste water shall be discharged into a sewage system acceptable to the Department of Environment and Conservation.

(ii) Rest room facilities shall include at least one sink with hot and cold running water and shall be equipped with a soap dispenser with soap or other hand cleaning materials, clean towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle. Hand cleansing capabilities for the therapists must be located within twenty (20) feet of the treatment area.

(iii) Rest room facilities and all of the foregoing fixtures and components shall be kept clean, in good repair and free of pests.

5. Reasonable effort for sanitation shall be maintained for temporary locations such as athletic events or public service fund raisers in temporary venues.

6. Establishment owners and responsible persons shall provide for safe and unobstructed human passage in the public areas of the premises, provide for removal of garbage and refuse, and provide for safe storage or removal of flammable and hazardous materials.

(b) Personnel

1. Establishment owners and responsible persons are responsible for ensuring that all persons who perform massage therapy in a massage establishment maintain current licensure by the Board pursuant to rule 0870-01-.05.

2. Establishment owners and responsible persons shall maintain in a centralized location at the establishment a current copy of the certificate of renewal for each licensed massage therapist providing services at the establishment. A copy of any such certificate shall be made available upon request of any client or any representative of the Board.

3. Establishment licenses are not transferable and are subject to revocation or other disciplinary actions upon failure of any inspection or for refusal to allow inspection by the Board's authorized representatives.

4. Establishment owners and responsible persons shall be responsible for maintaining all parts thereof in a sanitary condition at all times, and for otherwise ensuring that such establishment is operated in compliance with this Chapter. However, this rule shall not relieve any individual therapist of responsibility for the sanitary conditions of the space or equipment used in their practice.

5. Establishment owners and responsible persons shall maintain a list of the individuals who have provided massage therapy at the establishment during the preceding two years. This list shall be promptly furnished on request by a Board investigator or other representative of the Board.

(c) Equipment

1. Establishment owners and responsible persons shall ensure that all equipment and supplies used to perform massage services on the premises are maintained in a safe and sanitary condition.

2. If the establishment is equipped with a whirlpool bath, sauna, steam cabinet and/or steam room, establishment owners shall maintain adequate and clean shower facilities on the premises.

(3) Inspection of Establishments - Licensed massage therapy establishments are subject to initial inspections and periodic subsequent inspections by the Board or its authorized representative(s) during normal and customary business hours. Inspections may be announced or unannounced.

(a) The purpose of inspection of establishments is to verify compliance with the establishment standards of this rule and to verify that the establishment and all licensed massage therapists providing services have their licenses conspicuously displayed on the premises as required by 0870-01-.14.

(b) The establishment license may be subject to disciplinary action, pursuant to Rule 0870-01-.13, if the inspection reveals that the establishment does not meet the standards and requirements set by this rule or if the inspection reveals that the license of any massage therapist providing services at the establishment is not current or has been suspended or revoked.

(c) A massage establishment which does not pass its inspection may be subject to discipline or reinspection.

(d) Reinspection - When an establishment does not pass inspection, the establishment shall submit an application for reinspection.

1. The inspector shall provide the establishment with an application for reinspection.

2. The application shall be submitted to the Board's administrative office within thirty (30) days after the failed inspection.

3. The reinspection fee shall be submitted with the application, pursuant to Rule 0870-01-.07.

4. Failure to submit an application for reinspection or reinspection fee, or failure to pass a reinspection, may result in disciplinary action.

(e) Failure to Allow or Appear for Inspection - An establishment whose owner or responsible person refuses to allow an inspection without good cause shall be deemed to have failed the inspection, and the establishment shall comply with the reinspection rule.

Notes

Tenn. Comp. R. & Regs. 0870-01-.03

Original rule filed November 13, 1996; effective January 27, 1997. Amendment filed November 26, 1996; effective February 9, 1997. Amendment filed August 10, 1999; effective October 24, 1999. Amendment filed July 31, 2000; effective October 14, 2000. Amendment filed November 27, 2000; effective February 10, 2001. Amendment filed October 4, 2004; effective December 18, 2004. Amendment filed December 29, 2004; effective March 14, 2005. Amendments filed March 24, 2006; effective June 7, 2006. Amendment filed June 16, 2006; effective August 30, 2006. Repeal and new rule filed April 9, 2012; effective July 8, 2012. The Government Operations Committee filed a stay of the rules on July 2, 2012; new effective date August 3, 2012. The Government Operations Committee filed a second stay of the rule on July 13, 2012; new effective date September 6, 2012. Amendments filed May 19, 2017; effective August 17, 2017. Rule was previously numbered 0870-01-.02 but was renumbered 0870-01-.03 with the addition of a new rule 0870-01-.02 filed May 19, 2017; effective 8/17/2017.

Authority: T.C.A. §§ 63-18-104, 63-18-105, 63-18-106, 63-18-108, and 63-18-111.