HomeMy WebLinkAboutOrd 18211
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ORDINANCE No. 1821
ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTER 6.40 TO EXPRESSLY DEFINE INSTRUMENT FOR PURPOSES OF
REQUIRING MASSAGE PERMITS, PROHIBITING PHYSICAL AGENT
MODALITIES AS INCLUDED WITHIN A MASSAGE PERMIT, AND EXPRESSLY
EXEMPTING OCCUPATIONAL THERAPISTS FROM THE CHAPTER
The City Council of the City of Burlingame ordains as follows:
Section 1. Ordinance Nos. 1750 and 1755 redrafted the massage regulations in the City.
Because the State of California continues to refuse to regulate the practice of massage in the
State and the oversight of State occupational boards and consumer protection has been poorly
funded in the past ten years, it is imperative that cities continue local efforts to protect the
public and practitioners from unlicensed health practices and associated criminal elements.
This ordinance explicitly defines the term of "instrument" as used in the massage regulations,
expressly delineate that the use of physical agent modalities require a license from the State and
is not authorized by a massage permit, and further expressly exempts occupational therapists
who are licensed by the State to practice therapy by the State.
Section 2. Section 6.40.030 is amended to read as follows:
For the purpose of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(a) "Health officer" means the health officer of the County of San Mateo or the health
officer's authorized representative.
(b) "Instrument" means any tool or instrument, but does not include physical agent
modalities, including light/laser therapy, ultrasound, phonophoresis, microcurrent, TENS,
neuromuscular electrical stimulation (MMES) iontophoresis, iuterferential current, or HiVolt.
Heat or cold packs are not considered instruments under this chapter.
(c) "Massage" means any method of treating the external part
s of the human body by
bathing, rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands, other parts of the human body, or any instrument.
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(d) "Massage, spa, bathing or other similar establishment" or "massage establishment"
means any establishment having a fixed place of business where massages, baths or health
treatments, involving massage, hot tubs, saunas, or baths as the principal function, are given,
engaged in or carried on, or permitted to be given, engaged in or carried on in any manner
described in Section 6.40.030(b)6
(e) "Massage practitioner" means any person who administers a massage, bath or
health h•eatment involving massage or baths as a principal function to another person for any
consideration whatsoever.
(f) "Operator" means any person who owns or operates a massage, spa, bathing or
similar establishment or an out call massage service.
(g) "Out call massage service" means any business, in which the primary function of
such business is to engage in or cavy on massage treatments at a location designated by the
customer or client and not at a fixed location.
(h) "Person" means any individual, partnership, firm, association, corporation, joint
venture, or combination of individuals.
(i) "Recognized school" means any school or institution of learning which has been
approved pursuant to Division 7.5 of title 5 of the California Code of Regulations or an
equivalent out -of --state school and which has for a purpose the teaching of a resident course of
study of not less than five hundred (500) hours of theory, ethics, practice, methods, profession
or work of massage, or baths or health practice with relation thereto, and which provides a
diploma or cert
ificate of graduation upon successful completion of such a course of study or
learning. Schools offering a correspondence course not requiring attendance or courses taught
solely by video tape or other electronic means shall not be deemed a recognized school.
Section 3. Subsection 6.40.055(a) is amended to read as follows:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and
physical
therapists, and occupational therapists duly licensed to practice in the state of California, but
only when engaged in the practice for which they are so licensed and in accordance with the
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terms of the licensing.
Section 4. A new Section 6.40.057 is added to read as follows:
6.40.057 Permit not entitlement to violate other laws.
The issuance of a permit under this chapter shall not entitle the permittee to engage in
any business or practice which for any reason is in violation of any law or ordinance and shall
not entitle the holder thereof to ca>•>y on any business or practice unless he or she has complied
with all the requirements under the other ordinances of the city and all other applicable laws,
nor shall it entitle the permittee to carry on any business in any building or on any premises
designated in such permit in the event that such business or premises are situated in a zone or
locality in which the conduct of such business is a violation of any law. In particular, a permit
issued under this chapter does not entitle any person to use physical agent modalities that
require separate licensing by the State of California, including light/laser therapy, ultrasound,
phonophoresis, microcurrent, TENS, neuromuscular electrical stimulation (MMES)
iontophoresis, interferential current, or HiVolt.
Section 5.
This ordinance shall be published as required by law.
I, DORIS MORTENSEN, City Clerlc of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the 17`x'
day of March, 2008, and adopted thereaft
er at a regular meeting of the City Council held on the
day of April, 2008, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:\Ordinances\ord1821.ord.doc
4/7/2008