13:37A-3.3 DESIGNATIONS FOR LICENSED PERSONS, PROHIBITIONS ON UNLICENSED PERSONS a) An active licensee shall use the titles "licensed massage and bodywork therapist" or “licensed massage therapist” or the acronyms “LMBT” or “LMT.” b) Unless actively licensed pursuant to the provisions of this chapter, no person or business entity shall use: 1. The titles “massage and bodywork therapist” or “licensed massage and bodywork therapist;” 2. Any title or designation that includes the words “massage,” “bodywork,” “masseur,” “masseuse,” “shiatsu,” “acupressure,” “accupressure,” “accu- pressure,” “nuad bo’rarn,” “amma,” “anma,” “chi nei tsang,” “tuina,” “polarity educator,” “polarity therapist,” “polarity therapy” or “polarity practitioner;” or NEW JERSEY BOARD OF MASSAGE AND BODYWORK THERAPY LAW AND PUBLIC SAFETY Chapter 37A Page 18 of 34 Last Revision Date: 09/20/2021 3. The abbreviations “AB,” “ABT,” “BT,” “CMT,” “CMBT,” “COBT,” “LABT,” “LBT,” “LMBST,” “LMBT,” “LMT,” “LOBT,” “MBST,” “MBT,” “MP,” “MT,” “OB,” or “RPP.” c) Notwithstanding (b) above, an individual who is licensed or certified by another New Jersey State entity shall be permitted to use any title or abbreviation that describes a practice that the individual is permitted to engage in pursuant to his or her license or certification. 13:37A-3.4 DISPLAY OF LICENSE a) Licensees shall display their license in view of clients whenever providing massage and bodywork services in their place of business or office. b) Whenever licensees provide massage and bodywork services outside of their place of business or office they shall produce their licenses for clients or other members of the public upon request. c) A licensee shall display either the original license or a duplicate license obtained from the Board. 13:37A-3.5 SEXUAL MISCONDUCT a) The purpose of this section is to identify for licensees conduct that shall be deemed sexual misconduct. b) As used in this section, the following terms have the following meanings: ○ “Client” means any person who is the recipient of massage or bodywork therapy. ○ “Client therapist relationship” means a relationship between a licensee and a client in which the licensee owes a continuing duty to the client to render massage or bodywork therapy services consistent with his or her training and experience. ○ “Sexual contact” means the knowing touching of a person’s body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee’s own prurient interest or for sexual arousal or gratification. “Sexual contact” includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the client’s body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client’s body into or near the genital, anal or other opening of the other person’s body. “Sexual contact” does not include the touching of a client’s body which is necessary during the performance of a generally accepted and recognized massage and bodywork therapy procedure.
e) A broad spectrum anti-microbial disinfectant shall be used to disinfect: 1. Any equipment that comes in contact with a client, prior to the provision of massage and bodywork therapies for a client; 2. Exposed surfaces such as counter tops, tables and sinks on a daily basis. 3. Any implements or tools used during massage and bodywork therapy; 4. Face cradles and arm rests on all massage chairs and tables, prior to the provision of massage and bodywork therapies for a client; 5. All ice and heat pack equipment; 6. Any tool or utensil used to transfer a lubricant from one container to another or from a container to a client which is not disposed of after use; and 7. Any portion of a lubricant pump dispenser or lubricant tube touched by the licensee during the provision of massage and bodywork therapy services. f) If a licensee uses massage lubricants, the licensee shall: 1. Store massage lubricants in sanitary containers; 2. Keep lubricant containers free of debris; and 3. Store lubricants according to manufacturer's recommendations and separately from cleaning supplies. g) If a licensee uses a massage lubricant that is contained in a pump dispenser or a tube, the licensee shall, after completion of services to every client, disinfect pursuant to (e) above any portion of the container that he or she has touched during the provision of massage and bodywork therapy services. h) If a licensee uses a massage lubricant that is not contained in a pump dispenser, tube or squeeze bottle, the licensee shall, for every client, remove the lubricant from the main container with a disposable instrument or an instrument that is disinfected pursuant to (e) above after each use and place the lubricant in a separate container which shall be discarded or disinfected pursuant to (e) above after the completion of services. i) Licensees shall store all single service materials and linens off the floor in shelves, containers, cabinets or closets. j) Soiled linens and draping materials shall be commercially laundered or washed in a clothes washing machine, in hot water with detergent and at least one cup of bleach or an antibacterial agent, and dried on the high heat setting in a clothes dryer. k) Clean linens and dirty linens shall be stored separately. l) Clean linens and trash shall be stored separately. m) When a licensee is providing massage and bodywork therapy in a temporary location, such as a sporting event, the licensee shall sanitize all equipment in accordance with this section. n) Licensees shall maintain a clean environment in the massage and bodywork therapy establishment and shall ensure that the massage and bodywork therapy establishment is well-lit and ventilated. Licensees shall maintain the area where massage and bodywork therapy is being performed free of animals, except as permitted by law. o) Licensees shall provide access to a restroom for clients in the massage and bodywork therapy establishment. p) Licensees shall repair any holes and tears in the treatment surface so as to maintain the surface integrity of the treatment surface.
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Book Code: MNJ0626
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