San Francisco Massage Law Summary
The new law goes into effect July 1, 2004. The highlights of this new law are as follows:
On July 1, 2004 administration of Massage Permits will be transferred from the Hall of Justice Permit Department to the Department of Public Health. To view the SFPDH Massage Ordinance webpage, click here.
Current permit holders can exchange their old SF permits for new permits free of charge. "Grandfathered" permits must be exchanged within 90 days of the law taking effect (September 30, 2004). Failure to trade in your old permit will result in your having to go through the permit process from the beginning, test, fingerprints, everything. Permits can be exchanged by making an appointment with the Health Department at 1390 Market Street #210. Call 415-252-3800 to make an appointment.
Testing for the new permits will held every Thursday as of July 15th, 2004. This will be effective through 2004. As of 2005 the test will be given every other Thursday. You will need to go to the police department and get a background check after you have filled out your permit application. For more information, please call 415-252-3800
Two distinct categories of permits will be issued:
All applicants must provide:
Applicants for the Advanced Massage Practitioner permit must also provide:
Additionally, each applicant will be required to pass a culturally sensitive test in the applicant’s native language to prove basic proficiency in massage.
The Director of the Board of Health is also authorized to request any information that may be required to authenticate the application submitted to the board.
FEES:
ID CARD:
All massage practitioners will be issued an identification card. This card must be presented to any city health inspector upon request at all times during the regular business hours of any massage establishment of solo massage practitioner establishment.
Definitions:
Massage Establishment:
A fixed place of business where more than one person carries on or engages in the practice of massage.
Massage Practitioner:
Any individual who for monetary consideration, engages in or practices massage.
Out-call Massage Service:
Any business not permitted as a massage establishment where the primary function of business is to perform massage NOT at a fixed location. (i.e. at a clients location (home, office, hotel))
Solo Practitioner Massage Establishment:
A fixed place of business where a person holding an advanced massage practitioner permit carries on or practices massage. Said place of business may be shared by two to four advanced massage practitioners or two to four massage practitioners and one or more health or healing arts practitioners. (Chiropractors, Acupuncturists, etc.)
Solo practitioner massage establishments will be subject to all laws regarding zoning, health and building inspection.
Any person holding an advanced massage practitioner permit and a solo practitioner massage establishment permit will not be required to pay additional fees for an out-call massage permit.
Issuance of a permit:
Within 60 days of the submission of a completed application and all required information, the director of the board of health will issue the permit or mail his reasons for denial of the permit. If the director of health takes no action, the permit will be considered issued. During the 60-day review period, applicants can request a temporary massage practitioner permit valid for the time while the application is reviewed. Temporary permits will be valid for no more than 60 days.
If an application for a permit is denied, within 30 days of receipt of the letter of denial, an applicant can request a hearing to appeal the decision. 10 days prior to the hearing, the director will notify the applicant of the date and time of the hearing. The director will oversee the hearing, provide the applicant an opportunity to speak, and issue a ruling on the hearing within 30 days. The ruling of the director will be final.
For full details, a copy of the law is available at San Francisco city hall. File # 030995 Ordinance amending San Francisco Police Code by repealing Article 27 (sections 2700 – 2737) and amending the San Francisco Health Code and adding a new Article 29 (sections 1900-1931)
REV. 5/8/04
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