Delaware General Assembly

Passed

The General Assembly has ended, the current status is the final status.

HB 35 w/ HA 1, HA 1 to HA 1, HA 2 to HA 1 + SA 2

3/30/17

B. Short

This amendment excludes hospitals and other facilities separately licensed under Title 16 from the definition of “massage establishment.” It also removes the requirement that fees for an establishment license must reflect the costs of administering the chapter as fee issues are addressed elsewhere in the chapter. The amendment clarifies that massage clients may fall asleep during a massage or remain asleep during a massage session and maintains the prohibition against using a massage establishment as a dormitory. This amendment also clarifies that massage services are to be provided during permissible operating hours only and restricts the right to inspect a massage establishment to either a Division of Professional Regulation Investigator or a law enforcement officer. The amendment allows a professional-in-charge to be so designated for more than 1 establishment if they seek and receive a waiver. It also states that no interior doors, except restrooms may have locks. Exterior doors may not be locked during operating hours except in the case of a sole proprietorship with 1 or no employees or contractors. It gives the Division of Public Health authority to create rules and regulations pertaining to massage establishments.

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