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HomeMy WebLinkAboutCity Council Ordinance 2023-06 CITY OF PLYMOUTH ORDINANCE No. 2023-06 ORDINANCE AMENDING SECTION 1 135 OF THE PLYMOUTH CITY CODE CONCERNING THERAPEUTIC MASSAGE THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: Section 1.Amendment of City Code. Section 1135.05 of the Plymouth City Code is hereby amended,with existing text,deleted text,and new text, as follows: 1135.05. - Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Accredited Institution. An educational institution holding accredited status recognized with the United States Department of Education or Minnesota Office of Higher Education. Accredited Program. A professional massage program or educational institution accredited by the Commission on Massage Therapy Accreditation (COMTA) or the National Accrediting Commission of Career Arts and Sciences(NACCAS). Approved Institution.A professional massage education institution that has been approved by the Minnesota Office of Higher Education. Approved Program. A professional massage program that has been approved by the Minnesota Office of Higher Education. Clean. The absence of dirt,grease, rubbish,garbage and other offensive, unsightly or extraneous matter. Good Repair. Free of corrosion, breaks, cracks,chips, pitting, excessive wear and tear, leaks, obstructions,and similar defects so as to constitute a good and sound condition. Issuing Authority. The Public Safety Director,or his or her designee. • Massage. Any method of pressure on,or friction against, or the rubbing, stroking, kneading, tapping, pounding,vibrating, stimulating,or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices,with or without such supplementary aids as rubbing alcohol, liniment,antiseptic, oil, powder,cream, lotion, ointment,or other similar preparations. Massage Therapist. An individual who practices or administers massage to the public who can demonstrate to the issuing authority that he or she: 1. Has current insurance coverage of$1,000,000.00 for professional liability in the practice of massage; Ordinance 2023-06 Page 2 2. Is affiliated with, employed by,or owns a therapeutic massage enterprise licensed by the City; 3. Has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene,ethics, massage theory and research, and massage practice from ll an accredited program or accredited institution licensed and verified by a state licensing board and that has been approved by the issuing authority or(2) an approved program or approved institution by the Minnesota Office of Higher Education that is currently a member in good standing of the Associated Bodywork and Massage Professionals,American Massage Therapy Association, or The National Certification Board for Therapeutic Massage and Bodywork.These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. In the event the accredited/approved program or accredited/approved institution is no longer in existence, in the sole discretion of the City, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating said transcript of academic record is authentic.The certified copy of the transcript of academic record must contain the applicant's name, last address of the institution at the time of closing, and reflect the 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene,ethics, massage theory and research, and massage practice as required. Operate. To own, manage or conduct,or to have control, charge or custody over. Person. Any individual,firm, association, partnership, corporation,joint venture,or combination of individuals. Therapeutic Massage Enterprise. An entity which operates a business which hires and/or contracts only licensed massage therapists to provide therapeutic massage to the public.The owner/operator of a therapeutic massage enterprise need not be licensed as a massage therapist if he or she does not at any time practice or administer massage to the public.A therapeutic massage enterprise may employ other individuals such as cosmetologist and estheticians,and these individuals are not required to have a massage therapist license as long as they are not providing therapeutic massage to the public. Section 2. Effective Date.This amendment shall take effect immediately upon its passage. ADOPTED by the City Council this 27th day of June, 2023. Jeffry Wosje, Mayor ATTEST: �A � Vl Jodi Gallup, City Clerk