District of Columbia Administrative Code

1401 INVESTIGATION AND CONTROL ─ OBTAINING INFORMATION, ILLNESSES 1401.1 When the Department has probable cause to believe that a licensee, manager, or employee of a massage establishment or health spa facility is suspected of transmitting a contagious disease; is infected with a…

1402 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION OF LICENSEE, MANAGER, OR EMPLOYEE OR SUMMARY SUSPENSION OF LICENSE 1402.1 Based on the findings of an investigation related to a licensee, manager, employee or customer who is suspected of being infected or diseased, or a …

1403 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION ORDER 1403.1 Based on the findings of the investigation as specified in section 1401 and to control disease transmission, the Department may issue an order of restriction or exclusion to a suspected licensee, manager, or e…

1404 INVESTIGATION AND CONTROL ─ REMOVAL OF EXCLUSIONS AND RESTRICTIONS 1404.1 The Department shall release a licensee, manager, or employee from restriction or exclusion as specified in section 406. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY: …

1500 SERVICE OF NOTICE ─ PROPER METHODS 1500.1 A notice issued in accordance with section 3102 of Title 16 of the District of Columbia Municipal Regulations and these regulations shall be deemed properly served if it is served by one of the following methods: (a) The notice is pe…

1501 SERVICE OF NOTICE ─ RESTRICTION OR EXCLUSION, CONDEMNATION, OR SUMMARY SUSPENSION ORDERS 1501.1 An employee restriction or exclusion order, condemnation order or a summary suspension order shall be: (a) Served as specified in section 1500.1(a); or (b) Clearly posted by the D…

1502 SERVICE OF NOTICE ─ WHEN NOTICE IS EFFECTIVE 1502.1 Service is effective at the time of the notice's receipt or if service is made as specified in section 1501.1(b), at the time of the notice's posting. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUT…

1503 SERVICE OF NOTICE ─ PROOF OF PROPER SERVICE 1503.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee, the person op…

1600 CRITERIA FOR SEEKING REMEDIES ─ CONDITIONS WARRANTING REMEDY 1600.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of these regulations if a licensee, or person operating a massage establishment or health spa facility, …

1601 ADMINISTRATIVE ─ EXAMINING, SAMPLING, AND TESTING OF EQUIPMENT, FURNITURE, DEVICES, FIXTURES, LINENS, & FURNISHINGS, AND USED BEDDING 1601.1 The Department may examine, collect samples, without cost, and test as necessary to determine compliance with these regulations. Sourc…

1602 ADMINISTRATIVE ─ CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT, OR DEVICE 1602.1 A duly authorized agent of the Department may condemn and forbid the sale of, or cause to be removed and destroyed, any equipment, or device found in a massage establishment…

1603 ADMINISTRATIVE ─ CONDEMNATION ORDER, CONTENTS 1603.1 The condemnation order shall: (a) State that the equipment, devices, fixtures, linens, furnishings, garments, or other supplies subject to the order may not be used, sold, moved from the massage establishment or health spa…

1604 ADMINISTRATIVE ─ CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT, OR DEVICE 1604.1 The Department shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, devices, fixtures, linens, furnishings, garments, or other supplie…

1605 ADMINISTRATIVE ─ CONDEMNATION ORDER, EQUIPMENT, DEVICE MAY NOT BE USED OR MOVED 1605.1 Equipment, devices, fixtures, linens, furnishings, garments, or other supplies that are subject to a condemnation order may not be used, sold, moved, or otherwise destroyed by any person, …

1606 ADMINISTRATIVE ─ CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING 1606.1 No person shall remove the tag, label, or other appropriate marking except under the direction of the Department as specified in section 1606.2. 1606.2 The Department shall issue a notice of rel…

1607 ADMINISTRATIVE ─ CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED 1607.1 The Department may issue a condemnation order to a licensee, or to a person who owns or controls the equipment, devices, fixtures, linens, furnishings, garments, or other supplies as specified in sec…

1608 ADMINISTRATIVE ─ SUMMARY SUSPENSION OF LICENSE, CONDITIONS WARRANTING ACTION 1608.1 The Department may summarily suspend a license to operate a massage establishment or health spa facility if it is denied access to the massage establishment or health spa facility to conduct …

1609 ADMINISTRATIVE ─ CONTENTS OF SUMMARY SUSPENSION NOTICE 1609.1 A summary suspension notice shall state: (a) That the license of a massage establishment or health spa facility is immediately suspended and that all operations shall immediately cease; (b) The reasons for summary…

1610 ADMINISTRATIVE ─ SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED 1610.1 The Department may summarily suspend a license as specified in section 1608 by providing written notice as specified in section 1501 of the summary suspension to the licensee, without prior warning, …

1611 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 1611.1 After receiving a written request from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall conduct a reinspection of the massage establish…

1612 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 1612.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through re-inspection or other appropriate means…

1613 ADMINISTRATIVE ─ REVOCATION OR SUSPENSION OF LICENSE 1613.1 Failure to comply with any of the provisions of these regulations shall be grounds for the revocation or suspension of any license issued for a massage establishment or health spa facility pursuant to the Health Fun…

1614 ADMINISTRATIVE ─ CIVIL PENALTIES 1614.1 Civil fines, penalties, or related costs may be imposed against any massage establishment, owner or licensee, for violation of any provision of these regulations. 1614.2 The Department may impose penalties for violations of any provisi…

1615 ADMINISTRATIVE ─ CIVIL PENALTIES, NOTICES OF VIOLATION OR INFRACTIONS 1615.1 The notice of violation shall state the nature of the violation and allow a reasonable time for performance of the necessary corrective action. 1615.2 If a person fails to comply with the time state…

1616 JUDICIAL ─ CRIMINAL PENALTIES, INJUNCTIVE RELIEF, IMPRISONMENT 1616.1 Any person who knowingly violates any provision of these regulations shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed one (1) year, or …

1700 PROHIBITED CONDUCT ─ ADVERTISEMENT AND POSTING* 1700.1 No person shall refer to the Department in any advertisement or posting that such person or such person’s establishment is licensed with the Department pursuant to these regulations. 1700.2 No person shall state or imply…

1701 PROHIBITED ACTIVITIES* 1701.1 It shall be unlawful for any person who owns, operates or manages a massage establishment or health spa facility to knowingly cause, allow or permit in or about the establishment, location or facility any agent, employee or other person under hi…

1702 PROHIBITED THERAPEUTIC TREATMENTS* 1702.1 The following therapeutic treatments are not within the scope of practice of a massage therapist and are expressly prohibited: (a) Therapeutic treatments to the anus and anal canal, including but not limited to colonic irrigations an…

1800 ADMINISTRATIVE ─ NOTICE, REQUEST FOR HEARING, BASIS AND TIME FRAME 1800.1 A person who receives a notice of hearing for an administrative remedy as specified in this chapter and elects to respond to the notice shall file a response to the notice within seven (7) calendar day…

1801 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION – CONTENTS OF RESPONSE TO HEARING NOTICE, OR HEARING REQUEST 1801.1 A response to a hearing notice shall be in writing and contain the following: (a) An admission or denial of each allegation of fact; (b) A statement as to whether the…

1802 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION, TIMELINESS 1802.1 The Department shall afford a hearing within seventy-two (72) hours after receiving a written request for a hearing from: (a) A licensee or person who is subject to a condemnation order as specified in sections 1602…

1900 JUDICIAL REVIEW ─ APPEALS 1900.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, (D.C. Law 14-28; D.C. Official Code § 7-731(b)) (2008 R…

200 LICENSEE, MANAGER, AND MASSAGE THERAPISTS ─ QUALIFICATION, ASSIGNMENT, TRAINING, & POSTING* 200.1 The licensee or manager of massage establishment or health spa facility shall ensure that massage therapists working in their establishments are licensed in accordance with the D…

201 LICENSE AND DISTRICT-ISSUED IDENTIFICATION CARD REQUIREMENTS ─ LICENSEES, MANAGERS, AND MASSAGE THERAPISTS 201.1 All licensees or managers of massage establishments or health spa facilities shall obtain a District-issued Massage Establishment or Health Spa Facility Manager Id…

202 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPISTS, BASIC KNOWLEDGE 202.1 Massage therapists shall have basic knowledge of: (a) Anatomy, physiology, hygiene and manual and mechanical massage therapy; (b) Proper procedures for sanitizing equipment; (c) Emergency procedures to be…

203 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPIST, MASSAGE THERAPY PROCESS 203.1 Massage therapists shall: (a) Provide only those services that they have the training and practical experience to perform, that are designed to benefit the health and well-being of the client; (b) …

204 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPIST, CUSTOMER ASSESSMENT, AND INFORMED CONSENT 204.1 Before providing treatment, massage therapists shall: (a) Inquire as to the health and current health status of each customer to determine indications and contraindications for th…

205 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPIST, DRAPING AND DONNING GARMENTS 205.1 Before beginning a massage therapy session, each massage therapist shall explain to customers the purpose for wearing garments over and /or draping their specified anatomical areas, which incl…

206 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPIST, HYGIENIC PRACTICES DURING MASSAGE THERAPY 206.1 All massage therapists shall employ good hygienic practices while on duty in a massage establishment or health spa facility. 206.2 Massage therapists shall wash their hands thorou…

207 DUTIES AND RESPONSIBILITIES ─ MASSAGE THERAPIST AND EMPLOYEE CLOTHING 207.1 Employees, including massage therapists shall wear outer garments that are fully opaque, and that do not expose their genitals, pubic area, buttocks, chest, or breasts. 207.2 The outer garments of eac…

300 OPERATING PROCEDURES ─ MANUAL, CONTENT 300.1 The Department shall review the operating procedures and shall determine if the procedures are adequate. If the procedures are adequate, the Department shall approve the operating procedures, and the licensee shall adhere to the op…

301 RECORDKEEPING REQUIREMENTS ─ GENERAL PROVISIONS 301.1 The licensee shall maintain all records at the facility for at least three (3) years or longer if required by any other applicable District laws or regulations. The records shall be readily available for review by the Depa…

302 RECORDKEEPING REQUIREMENTS ─ MASSAGE SUPPLEMENTARY AIDS 302.1 Records shall be kept describing the vendors and sources of all massage supplementary aids used on customers within a massage establishment or health spa facility. 302.2 Product records shall be maintained and shal…

303 RECORDKEEPING AND REPORTING REQUIREMENTS ─ INJURY 303.1 The licensee shall submit to the Department a written report of actual or alleged injury from use of the licensee’s equipment, devices, fixtures, linens, furnishings, garments, or other supplies within five (5) business …

400 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF MASSAGE THERAPISTS AND ANCILLARY EMPLOYEES TO REPORT SYMPTOMS AND DIAGNOSIS* 400.1 The licensee shall require massage therapists and ancillary employees to report to their managers, in accordance with this section, if diagnosed…

401 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF MANAGER TO PROHIBIT AN EMPLOYEE WITH A SPECIFIC ILLNESS FROM BEING EMPLOYED AS A MASSAGE THERAPIST OR ANCILLARY EMPLOYEE* 401.1 A manager shall ensure that a employee who exhibits or reports a symptom, or reports a diagnosed il…

402 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF MANAGER TO EXCLUDE OR RESTRICT ILL MASSAGE THERAPISTS OR ANCILLARY EMPLOYEES* 402.1 A manager shall ensure that a massage therapist or ancillary employee who exhibits or reports a symptom or who reports a diagnosed illness as s…

403 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF MASSAGE THERAPIST AND ANCILLARY EMPLOYEE TO COMPLY WITH EXCLUSIONS OR RESTRICTIONS* 403.1 A massage therapist and ancillary employee shall comply with: (a) An exclusion imposed pursuant to section 404, unless reinstated pursuan…

404 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING EXCLUSION OF ILL MASSAGE THERAPISTS OR ANCILLARY EMPLOYEES* 404.1 A manager shall exclude a massage therapist or ancillary employee from a massage establishment or health spa facility if massage therapist or ancillary employ…

405 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING RESTRICTION OF ILL MASSAGE THERAPISTS OR ANCILLARY EMPLOYEES* 405.1 If a massage therapist or ancillary employee is diagnosed with an infection from a Norovirus, and is symptomatic, a manager shall restrict the massage thera…