Current through Register Vol. XLI, No. 50, December 13, 2024
Section 194-7-3 - Establishment License Required; licensee responsibilities and prohibitions3.1. All massage establishments shall, on or before October 1, 2023, apply for a Board issued massage establishment license, on a form prescribed by the West Virginia Massage Therapy Licensure Board. After October 1, 2023, it shall be unlawful to operate a massage establishment without a board issued massage establishment license, unless exempt as provided by W. Va. Code § 30-37-1et. seq., and this rule.3.2. A massage establishment license shall be renewed biennially on an application renewal form prescribed by the board, with the appropriate fee, and all of the required documentation.3.3. Massage establishment requirements:3.3.a. A massage establishment shall post, in a prominent location, the board administered establishment license, the state license of each licensed massage therapist employed by the establishment, and any business licenses required by any state, municipality or local governmental entity.3.3.b. Properly maintain and secure for each client the initial consultation documents, all session notes, written consent documents, and related billing records; and3.3.c. Maintain a current list of all establishment employees and/or contractors on the premises at all times which includes the full name of each employee or contractor, and the board issued massage therapy license number and expiration date of the license for each massage therapist.3.4. A massage establishment may not:3.4.a. Employ or contract with an individual to perform massage services who is not a licensed massage therapist in this state and who is not a United States citizen or a legal resident with a valid work permit;3.4.b. Allow a nude or partially nude employee to provide massage therapy or other massage services to a customer;3.4.c. Allow any individual, including a client, license holder, contractor, or employee, to engage in sexual contact in the massage establishment.3.4.d. Allow any individual, including a license holder, employee, or contract employee, to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual; or3.4.e. Allow any individual, including a license holder, employee, or contract employee to reside on the premises of the massage establishment.3.5. An adult oriented business may not obtain a license from the board or operate as a massage establishment.