Section 49-03-01-01 - Sanitation, location, and conditions1. The portion of a massage establishment in which a massage is provided, and any waiting room and hallway leading to that area, must be in a safe, clean, and sanitary condition at all times. This subsection does not apply when the massage is provided in a client's own home, or when the massage is provided as a public demonstration in a location other than the massage therapist's usual establishment.2. If the massage establishment is also the residence of the massage therapist providing the massage, the room must be set up as a professional setting and maintained in a safe, clean, and sanitary condition when it is being used for massage purposes.3. Any mirrors and windows in the massage establishment will be positioned or covered in a manner to maintain the privacy of the person receiving the massage at all times during the massage and while the client is dressing and undressing.4. Prior to providing massage to a new client, the therapist shall introduce themself and explain to the client details of what to anticipate during the massage, including how draping of the client is performed during the massage and as the client is asked to change positions during the massage. A written informed consent must be signed by the client prior to starting the massage. A therapist must provide draping and treatment in a way that ensures the personal safety, comfort, and privacy of the client.5. The therapist is responsible for maintaining all equipment and supplies in good working order and in accordance with any manufacturer's instruction.6. It is unlawful for a massage therapist to provide alcohol to a client in the portion of a massage establishment in which a massage is provided.7. The establishment must have an adequate supply of hot and cold running water to conduct business in a sanitary manner. A restroom must also be available on the premises.8. Licensees shall maintain records of their clients and ensure that client records are stored so they are not readily accessible to the public.9. No smoking may occur in the portion of the massage establishment in which a massage is provided.10. All tools, instruments, implements, and equipment must be clean and disinfected before use on a client.11. All linens, coverings, sheets, towels, and pillow casings must be properly cleaned before coming into contact with a client.12. All liquids, creams, and other products must be kept in clean, closed containers. Original product bottles and containers must have an original manufacturer label disclosing contents. All products used on a client must be dispensed by a spatula, scoop, spoon, squeeze bottle, pump, dropper, or similar dispenser, so the remaining product is not contaminated. Unused products applied to one client must be disposed of and not used on another client.13. Cabinets, drawers, and containers used for storage of tools, equipment, instruments, and towels/linens must be clean.N.D. Admin Code 49-03-01-01
Effective January 1, 2001; amended effective July 1, 2010.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 28-32-02, 43-25-03
Law Implemented: NDCC 43-25-03