EagleTribune.com, North Andover, MA

New Hampshire

April 23, 2010

Lawmaker: Salem massage ordinance outdated, unfair

SALEM — Laws that might be a holdover from the days of shady massage parlors are irking some people in Salem, who think they shouldn't apply to today's massage therapists.

Rep. Ron Belanger, R-Salem, said a massage therapist brought it to his attention that the town code requires them to prove they have no communicable disease by having a yearly physical. They also must keep a register of who their patrons are and when they visit.

"I think that's appalling," he said.

Belanger, a former selectman, said he had contacted the Board of Selectmen about the possibility of changing the ordinance. He said it was unfair for the Health Department to single out massage therapists, when other people it licenses do not need to provide proof they've been examined.

"Do any of those people have to go for a physical saying they don't have a communicable disease when they handle food and give it to people?" Belanger said. "A nurse don't have to do it. A doctor don't have to do it."

Health Officer Brian Lockard said his office does not license doctors or nurses in Salem, but a massage therapist who works out of a doctor's or chiropractor's office in Salem is exempt from the regulations. He said one other group he licenses does not need to get a physical — body artists.

On the state level, massage therapists must take a course and pass an exam to become licensed. Belanger said he thinks that should be enough for Salem.

"The state should be the one overseeing it," he said.

Lockard said people don't need to present all the private information gleaned from a physical exam — a doctor's note will suffice. Some people don't like the requirement, he said, because of restrictions from insurance companies on when a person can get a physical.

"Usually, there is some grumbling about the physical," he said.

Massage therapists must get an annual physical before they can to renew their license. Lockard said it's a safety issue.

"We just want to ensure that the practitioners who have body contact with their customers are healthy and safe," he said.

As for the regulation requiring massage therapists to keep a list of their patrons, Lockard said he hadn't received complaints and doesn't peruse them during his inspections. He said police could look at the registers if there were an investigation into a massage therapist.

He said the regulations were written in 1977.

"The intent of the regulation, I think back then, was to make sure that it was a legitimate business," Lockard said, "that it was open, that doors weren't being locked, obviously."

He said he thought the rules were originally meant to prevent any type of "illicit activity."

"You know, concerns with the massage parlors," Lockard said. "We don't call them massage parlors anymore."

Belanger thinks the old rules should not apply to today's massage therapists.

"It's a profession, a legitimate profession," he said.

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