§ 5302 — Definitions

Delaware § 5302

• Jurisdiction: Delaware
• Title: 24
• Ch. 53: MASSAGE AND BODYWORK
• Subch.: Board of Massage and Bodywork

Text

For purposes of this chapter:

(1) “Board” shall mean the State Board of Massage and Bodywork established in this chapter.

(2) “Division” shall mean the Division of Professional Regulation of the Department of State of Delaware.

(3) “Massage and bodywork therapist” shall mean a person who represents oneself to the public by any title or description of services incorporating the words “bodywork,” “massage,” “massage therapist,” “massage therapy,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or who engages in the practice of massage and bodywork for a fee, monetary or otherwise.

(4) a. “Massage establishment” means any place of business, including an office, clinic, facility, salon, or spa, where a person engages in the practice of massage and bodywork by doing any of the following:

1. Offering the practice of massage and bodywork and the practice of massage and bodywork is conducted on the premises of the business.

2. Representing itself to the public by any title or description of services incorporating the words “bodywork,” “massage,” “massage therapy,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or other words identified by the Board in regulation.

b. “Massage establishment” does not include any of the following:

1. The residence of a therapist or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment unless the location is advertised as the therapist’s or establishment’s place of business.

2. Any “facility” as defined in § 1131(4) of Title 16, any “hospital” as defined in § 1001 of Title 16, physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists.

3. Institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams.

(5) “Massage technician” shall mean a person, who is certified with the Board to perform certain functions within the practice of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words “bodywork,” “massage,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or “certified massage technician” but shall be prohibited from using the words “therapist” or “therapy.”

(6) “Person” shall mean a corporation, company, association and partnership, as well as an individual.

(7) “Practice of massage and bodywork” shall mean a system of structured touch applied to the superficial or deep tissue, muscle, or connective tissue, by applying pressure with manual means. Such application may include, but is not limited to, friction, gliding, rocking, tapping, kneading, or nonspecific stretching, whether or not aided by massage oils or the application of hot and cold treatments. The practice of massage and bodywork is designed to promote general relaxation, enhance circulation, improve joint mobilization and/or relieve stress and muscle tension, and to promote a general sense of well-being.

(8) “Professional-in-charge” means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees are licensed, where required by law.

(9) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam; except that “this State” means the State of Delaware.

(10) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage and bodywork.

Legislative History

70 Del. Laws, c. 582, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 262, § 98 ; 75 Del. Laws, c. 88, § 17(2) ; 78 Del. Laws, c. 363, § 1 ; 81 Del. Laws, c. 104, § 1 ; 82 Del. Laws, c. 73, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 384, § 1 ; 85 Del. Laws, c. 68, § 38