PRINTER'S NO. 1332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1241
Session of
2023
INTRODUCED BY WEBSTER, PIELLI, MADDEN, McNEILL, SANCHEZ, HILL-
EVANS, CERRATO, DELLOSO AND BRENNAN, MAY 24, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 24, 2023
AN ACT
1 Providing for the licensure of bodywork facilities; imposing
2 powers and duties on the Department of State; and prescribing
3 penalties.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Definitions.
7 Section 3. Licenses required.
8 Section 4. Administrative duties.
9 Section 5. Application for license.
10 Section 6. Background checks.
11 Section 7. Issuance and denial.
12 Section 8. Temporary license.
13 Section 9. Prohibitions.
14 Section 10. Requirements.
15 Section 11. Inspections.
16 Section 12. Suspension and revocation of licenses.
17 Section 13. Forfeiture.
18 Section 14. Practice of bodywork on minors.
 1 Section 15. Victims services.
2 Section 16. Effective date.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Bodywork
7 Facilities Regulation Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Advertise" or "advertising." The public promotion of a
13 service, by use of printed media, the Internet or other
14 advertising method or medium, to attract and encourage
15 individuals to engage, purchase or use the service referenced in
16 the content of the advertisement.
17 "Applicant." An individual or entity acting on the behalf of
18 a bodywork facility to apply for a license. If the applicant is
19 an entity, the term includes each individual officer, director,
20 manager, partner, member, principal owner and any person with at
21 least a 1% financial interest in the entity.
22 "Bodywork facility." A place of business where the human
23 body is manipulated through touch or pressure, where the
24 practice of massage and bodywork is conducted on the premises of
25 the business or that represents itself to the public by a title
26 or description of services incorporating the words "bodywork,"
27 "massage," "massage therapy," "massage practitioner,"
28 "massagist," "masseur" or "masseuse" or other term or modality
29 or an image or photograph depicting such activity or service.
30 The term includes, but is not necessarily limited to:
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 1 acupressure, chair massage, craniosacral therapy, deep tissue
2 massage therapy, Hellerwork, manual lymphatic drainage, massage
3 therapy, myofascial release therapy, neuromuscular therapy,
4 Process Acupressure, Rolfing, shiatsu, Swedish massage therapy,
5 Trager, visceral manipulation, massage, Asian bodywork therapy,
6 biodynamic craniosacral therapy, Jin Shin Do Bodymind
7 Acupressure, polarity, polarity bodywork, Polarity Therapy
8 bodywork, qigong, Reiki, tuina, Rolfing Structural Integration,
9 Feldenkrais method of somatic education, Trager approach to
10 movement education, body-mind centering, ortho-bionomy and
11 reflexology. The term does not include an activity that takes
12 place in any of the following, except that parental consent and
13 rights under section 14 shall apply to the following when a
14 minor receives a bodywork service:
15 (1) A training room of a public or private school
16 accredited by the Department of Education.
17 (2) A training room of a recognized professional or
18 amateur athletic team.
19 (3) An office, clinic or other facility at which medical
20 professionals licensed by the Commonwealth provide bodywork
21 to the public in the ordinary course of their medical
22 profession.
23 (4) A medical facility licensed by the Commonwealth.
24 (5) A place of business where a licensed massage
25 therapist or other bodywork practitioner works as a solo
26 practitioner and complies with all of the requirements of
27 this act and:
28 (i) does not use a business name or assumed name; or
29 (ii) uses a business name or an assumed name, but
30 also provides the practitioner's full name or license
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 1 number in each advertisement and each time the business
2 name or assumed name appears in writing.
3 (6) A premises where a person exclusively practices
4 techniques that:
5 (i) do not involve contact with the body of the
6 client; or
7 (ii) involve resting the hands on the surface of the
8 client's body without delivering pressure to or
9 manipulation of the soft tissues.
10 (7) A premises where services such as the topical
11 application of products to the skin for beautification
12 purposes are not considered to be bodywork, as long as the
13 services do not involve direct manipulation of the soft
14 tissues of the body.
15 "Bureau." The Bureau of Professional and Occupational
16 Affairs in the department.
17 "Client." An individual who enters into an agreement for
18 services for a fee, income or compensation of any kind in this
19 Commonwealth.
20 "Department." The Department of State of the Commonwealth.
21 "Dormitory." A location in a massage establishment, other
22 than a residence, where there are signs that individuals live
23 there or are engaged in communal sleeping, including beds,
24 mattresses or cots.
25 "Employee." An individual who performs a service at a
26 bodywork facility on a full-time, part-time or contract basis
27 whether or not the individual is designated as an employee,
28 independent contractor or otherwise. The term does not include
29 an individual who is exclusively engaged in the repair or
30 maintenance of a bodywork facility or delivers goods to a
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 1 licensee.
2 "Illicit bodywork facility." A facility that entices clients
3 through advertising or other business practices directed toward
4 sexual desires.
5 "Licensee." A person licensed under this act.
6 "Manager." An individual authorized by the licensee to
7 exercise overall operational control of the business, supervise
8 employees or fulfill a function required of a manager under this
9 act.
10 "Massage therapist." An individual licensed by the State
11 Board of Massage Therapy to practice massage therapy.
12 "Massage therapy." The application of a system of structured
13 touch, pressure, movement, holding and treatment of the soft
14 tissue manifestations of the human body in which the primary
15 intent is to enhance the health and well-being of the client
16 without limitation, except as provided in this act. The term
17 includes the external application of water, heat, cold,
18 lubricants or other topical preparations, lymphatic techniques,
19 myofascial release techniques and the use of electro-mechanical
20 devices that mimic or enhance the action of the massage
21 techniques. The term does not include:
22 (1) the diagnosis or treatment of impairment, illness,
23 disease or disability;
24 (2) a medical procedure;
25 (3) a chiropractic manipulation, adjustment, physical
26 therapy mobilization or manual therapy;
27 (4) therapeutic exercise;
28 (5) electrical stimulation;
29 (6) ultrasound; or
30 (7) prescription of medicines for which a license to
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 1 practice medicine, chiropractic, physical therapy,
2 occupational therapy, podiatry or other practice of the
3 healing arts is required by law.
4 "Place of business." An office, clinic, facility, salon, spa
5 establishment or other location where a person engages in the
6 practice of massage or bodywork. The term does not include the
7 residence of a therapist or an out-call location not owned,
8 rented or leased by a bodywork practitioner or bodywork
9 facility, unless the location is advertised as the bodywork
10 practitioner's or bodywork facility's place of business.
11 "Spa establishment." A commercial facility that offers or
12 engages in personal services that require a patron to disrobe or
13 includes body wraps, hydro-mineral wraps, body polish, body
14 wash, bath and hydrotherapy tub soak.
15 "Table shower." An apparatus for the bathing or massaging of
16 a person on a table or in a tub. The term includes a Vichy
17 shower.
18 Section 3. Licenses required.
19 (a) Facility license.--To operate a bodywork facility in
20 this Commonwealth, the facility must have a valid bodywork
21 facility license under this act.
22 (b) Manager license.--To manage a licensed bodywork facility
23 in this Commonwealth, the manager must have a valid manager
24 license under this act.
25 (c) Table shower license.--To operate or maintain a table
26 shower on or about a licensed premises, the licensee must have a
27 valid table shower license under this act.
28 Section 4. Administrative duties.
29 (a) Duty of bureau.--The bureau may issue, deny, suspend,
30 revoke or take other administrative action to ensure compliance
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 1 with this act and may promulgate rules and regulations in
2 accordance with this act.
3 (b) Temporary regulations.--In order to facilitate the
4 prompt implementation of this act, the bureau shall transmit
5 notice of temporary regulations regarding the implementation of
6 this act to the Legislative Reference Bureau for publication in
7 next available issue of the Pennsylvania Bulletin within 120
8 days of the effective date of this section. Temporary
9 regulations are not subject to the following:
10 (1) Section 612 of the act of April 9, 1929 (P.L.177,
11 No.175), known as The Administrative Code of 1929.
12 (2) Section 201, 202, 203, 204 and 205 of the act of
13 July 31, 1968 (P.L.769, No.240), referred to as the
14 Commonwealth Documents Law.
15 (3) The act of June 25, 1982 (P.L.633, No.181), known as
16 the Regulatory Review Act.
17 (c) Expiration.--The temporary regulations under subsection
18 (b) shall expire no later than 24 months following the
19 publication of the temporary regulations. Regulations adopted
20 after the 24-month expiration date shall be promulgated as
21 provided by law.
22 (d) Final regulations.--Within 24 months of the effective
23 date of this section, the bureau shall submit final regulations
24 to the department.
25 Section 5. Application for license.
26 (a) Bodywork facility license.--An application for a
27 bodywork facility license shall include the following
28 information:
29 (1) If an individual, the age of the applicant.
30 (2) The name, address, telephone number and Social
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 1 Security number of each owner and director. If the applicant
2 is an entity, the applicant shall include the name, address,
3 telephone number and Social Security number of each
4 individual officer, director, manager, partner, member,
5 principal owner and any person with at least 1% financial
6 interest in the entity. The applicant shall include the
7 Federal Employee Identification Number and contact
8 information for an accountant, attorney or registered agent
9 of the entity.
10 (3) Information pertaining to convictions or pleas of
11 nolo contendere to a felony or misdemeanor in a Federal,
12 state or municipal court in the United States involving
13 prostitution, solicitation of prostitution, fraud, theft,
14 embezzlement, money laundering, assault, sexual assault,
15 crimes against children or human trafficking. Failure to
16 disclose a criminal conviction may result in denial of the
17 license application.
18 (4) Information pertaining to a similar previously
19 denied, suspended or revoked license in this Commonwealth or
20 other jurisdiction in the United States. If the applicant had
21 a license denied, suspended or revoked previously, the
22 applicant must provide the name and location of the bodywork
23 facility and the date of the denial, suspension or
24 revocation.
25 (5) Information pertaining to whether the applicant has
26 been an officer, director, manager, partner, member or owner
27 of a legal entity that currently or previously operated a
28 bodywork facility and the name, dates of operation and
29 location of the bodywork facility.
30 (6) Satisfactory proof of the applicant's ownership or
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 1 right to possession of the premises where the bodywork
2 facility will be operated. The applicant has a continuing
3 obligation to provide, if applicable, further evidence of the
4 right to possession of the premises.
5 (7) Proof of professional liability insurance.
6 (8) Six months of bank statements demonstrating the
7 source of funds for the applicant.
8 (9) Bank credit references for any person with at least
9 a 1% financial interest in the applicant.
10 (10) A statement of purpose that the applicant has not
11 been convicted of a felony under the act of April 14, 1972
12 (P.L.233, No.64), known as The Controlled Substance, Drug,
13 Device and Cosmetic Act, or of an offense under the laws of
14 another jurisdiction, which if committed in this
15 Commonwealth, would be a felony under The Controlled
16 Substance, Drug, Device and Cosmetic Act, unless the
17 following apply:
18 (i) at least 10 years have elapsed from the date of
19 conviction; and
20 (ii) the applicant has made significant progress in
21 personal rehabilitation since the conviction and
22 licensure of the applicant should not be expected to
23 create a substantial risk of harm to the health and
24 safety of the applicant's clients or the public or a
25 substantial risk of further criminal violations.
26 (11) The applicant agrees that, if a license is issued
27 to the applicant under this subsection, the applicant will
28 display the license prominently on the premises.
29 (b) Terms of license.--
30 (1) The bureau shall issue a license for a single,
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 1 identified location and the license is not assignable or
2 transferable.
3 (2) The license shall be renewed yearly or at any time a
4 change in ownership occurs, including the change of an owner
5 or director from the original application.
6 (c) Manager license.--A licensed bodywork facility shall
7 have a manager who must hold a valid manager license. An
8 application for a manager license shall include the following
9 information relating to the manager:
10 (1) The applicant's full name, including first name,
11 middle name, last name and maiden name, if applicable.
12 (2) The name the applicant wants to appear on the
13 manager license, which shall be part or all of the
14 applicant's legal name.
15 (3) Current residence.
16 (4) Mailing address.
17 (5) City, state, zip code and county.
18 (6) Social Security number.
19 (7) City and state of birth.
20 (8) Date of birth.
21 (9) Telephone number, including home, mobile and
22 business number.
23 (10) Email address.
24 (11) Trade name or business name, if applicable.
25 (12) Business address.
26 (13) Citizenship status.
27 (14) Physical description, including gender, height, eye
28 color, race, weight and hair color.
29 (15) Place of residence for the previous 10 years,
30 including the date, street address, city, state, zip code and
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 1 county.
2 (16) Professional experience for the previous 10 years,
3 including date, job title, type of business, hours worked per
4 week, employer's name, address, state, zip code, area code
5 and telephone number and reason for leaving, if applicable.
6 (17) Education, including high school, college or
7 university or professional education, with the name and
8 address of the educational institution, whether or not the
9 applicant was issued a certificate, diploma or degree and the
10 month and year of graduation.
11 (18) Previous or current licensure, registration or
12 certification in another state or territory, including state,
13 license, registration or certification type, license or
14 credential number, date issued and date of expiration.
15 (19) Pro