Non-Therapeutic Massage, Regulation

The Ohio Revised Code makes provision for the licensed practice of “non-therapeutic massage.” These “recreational massages” must be provided in a licensed establishment or by a licensed person. Please refer to local ordinances and regulations for the requirements in any particular area.

A board of township trustees, by resolution, may regulate and require the registrations of massage establishments and their employees within the incorporated territory of the township. A board may adopt regulations and amendments under this section only after public hearing at not fewer than two (2) regular sessions of the board.

The board shall make available regulations it adopts or amends to the public at the office of the board and shall cause to be published a notice of the availability of the regulations in at least one newspaper of general circulation in the township within ten days after their adoption or amendment. ORC § 503.41 (D)

Nothing in ORC § 503.40  to ORC § 503.49 shall be construed to allow a board of township trustees to regulate the practice of any limited branch of medicine or surgery in accordance with ORC § 4731.15 and ORC § 4731.16  or the practice of providing therapeutic massage by a licensed physician, a licensed chiropractor, a licensed podiatrist, a licensed nurse or any other licensed health professional. As used in this division, “licensed” means licensed, certified or registered to practice in this state. ORC § 503.41 (E)

As used in ORC § 503.40  to ORC § 503.49, “Massage” means any method of exerting pressure on, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft tissue of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance. ORC § 503.40 (A)

If a board of township trustees has adopted a resolution regulating non-therapeutic massage in its unincorporated territory, no person shall engage in, conduct or carry on—or permit to be engaged in, conducted or carried on—in the unincorporated areas of the township the operation of a massage establishment without first having obtained a permit from the board of township. ORC § 503.42  (A)

No individual shall act as a masseur or masseuse for a massage establishment located in the unincorporated areas of the township without first having obtained a licensed from the board of township trustees. ORC § 503.42  (B)

No owner or operator of a massage establishment located in the unincorporated areas of the township shall knowingly do any of the following:

  1. Employ an unlicensed masseur or masseuse;
  2. Refuse to allow appropriate state or local authorities, including police officers, access to the massage establishment for any health or safety inspection conducted pursuant to a regulation adopted by the township under ORC § 503.41;
  3. Operate during the hours designated as prohibited hours of operation by the board of township trustees; or
  4. Employ any person under the age of eighteen (18).  ORC § 503.42  (C)

No person employed in a  massage establishment located in the unincorporated area of the township shall knowingly do any of the following in the performance of duties at the massage establishment:

  1. Place his or her hand upon, touch with any part of his or her body, fondle in any manner or massage the sexual or genital area of any other person;
  2. Perform, offer or agree to perform any act which would require the touching of the sexual or genital area of any other person;
  3. Touch, offer or agree to touch the sexual or genital area of any other person with any mechanical or electrical apparatus or appliance;
  4. Wear unclean clothing, no clothing, transparent clothing or clothing that otherwise reveals the sexual or genital areas of the masseur or masseuse; or
  5. Uncover or allow to be uncovered the sexual or genital area of any other person while providing massages.  ORC § 503.42  (D)

“Sexual or genital area” includes the genitalia, pubic area or perineum of any person and the breasts of a female.  ORC § 503.40  (D)

Whoever violates ORC § 503.42 (A) or (B) is guilty of a misdemeanor of the first degree for a first offense.  For a second offense such person is guilty of a felony of the fourth degree.  Whoever violates ORC § 503.42 (C), (D) or (E) is guilty of a misdemeanor of the third degree.  ORC § 503.50

Non-Therapeutic Massage, Regulation

 
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