HB 663 — An Act providing for the licensure of bodywork facilities; imposing powers and duties on the Department of State; and prescribing penalties.

PRINTER'S NO.   670

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 663
                                               Session of
                                                 2025

     INTRODUCED BY WEBSTER, M. MACKENZIE, HOWARD, HILL-EVANS,
        SANCHEZ, KHAN, KENYATTA, RABB, CURRY, PARKER AND SHUSTERMAN,
        FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        FEBRUARY 20, 2025


                                    AN ACT
 1   Providing for the licensure of bodywork facilities; imposing
 2      powers and duties on the Department of State; and prescribing
 3      penalties.
 4                            TABLE OF CONTENTS
 5   Section 1.    Short title.
 6   Section 2.    Definitions.
 7   Section 3.    Licenses required.
 8   Section 4.    Administrative duties.
 9   Section 5.    Application for license.
10   Section 6.    Background checks.
11   Section 7.    Issuance and denial.
12   Section 8.    Temporary license.
13   Section 9.    Prohibitions.
14   Section 10.    Requirements.
15   Section 11.    Inspections.
16   Section 12.    Suspension and revocation of licenses.
17   Section 13.    Forfeiture.
 1   Section 14.    Practice of bodywork on minors.
 2   Section 15.    Victims services.
 3   Section 16.    Effective date.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.    Short title.
 7      This act shall be known and may be cited as the Bodywork
 8   Facilities Regulation Act.
 9   Section 2.    Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Advertise."    The public promotion of a service, by use of
14   printed media, the Internet or other advertising method or
15   medium, to attract and encourage individuals to engage, purchase
16   or use the service referenced in the content of the
17   advertisement.
18      "Applicant."    An individual or entity acting on the behalf of
19   a bodywork facility to apply for a license. If the applicant is
20   an entity, the term includes each individual officer, director,
21   manager, partner, member, principal owner and any person with at
22   least a 1% financial interest in the entity.
23      "Bodywork facility."      A place of business where the human
24   body is manipulated through touch or pressure, where the
25   practice of massage and bodywork is conducted on the premises of
26   the business or that represents itself to the public by a title
27   or description of services incorporating the words "bodywork,"
28   "massage," "massage therapy," "massage practitioner,"
29   "massagist," "masseur" or "masseuse" or other term or modality
30   or an image or photograph depicting the activity or service.

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 1        (1)   The term includes acupressure, chair massage,
 2    craniosacral therapy, deep tissue massage therapy,
 3    Hellerwork, manual lymphatic drainage, massage therapy,
 4    myofascial release therapy, neuromuscular therapy, Process
 5    Acupressure, Rolfing, shiatsu, Swedish massage therapy,
 6    Trager, visceral manipulation, massage, Asian bodywork
 7    therapy, biodynamic craniosacral therapy, Jin Shin Do
 8    Bodymind Acupressure, polarity, polarity bodywork, Polarity
 9    Therapy bodywork, qigong, Reiki, tuina, Rolfing Structural
10    Integration, Feldenkrais method of somatic education, Trager
11    approach to movement education, body-mind centering, ortho-
12    bionomy and reflexology.
13        (2)   The term does not include an activity that takes
14    place in any of the following:
15              (i)    A training room of a public or private school
16        accredited by the Department of Education.
17              (ii)    A training room of a recognized professional or
18        amateur athletic team.
19              (iii)    An office, clinic or other facility at which
20        medical professionals licensed by the Commonwealth
21        provide bodywork to the public in the ordinary course of
22        their medical profession.
23              (iv)    A medical facility licensed by the
24        Commonwealth.
25              (v)    A place of business where a licensed massage
26        therapist or other bodywork practitioner works as a solo
27        practitioner and complies with all of the requirements of
28        this act and:
29                     (A)   does not use a business name or assumed
30              name; or

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 1                     (B)   uses a business name or an assumed name, but
 2              also provides the practitioner's full name or license
 3              number in each advertisement and each time the
 4              business name or assumed name appears in writing.
 5              (vi)    A premises where a person exclusively practices
 6          techniques that:
 7                     (A)   do not involve contact with the body of the
 8              client; or
 9                     (B)   involve resting the hands on the surface of
10              the client's body without delivering pressure to or
11              manipulation of the soft tissues.
12              (vii)    A premises where services, including the
13          topical application of products to the skin for
14          beautification purposes, take place as long as the
15          services do not involve direct manipulation of the soft
16          tissues of the body.
17      "Bureau."    The Bureau of Professional and Occupational
18   Affairs in the department.
19      "Client."    An individual who enters into an agreement for
20   services for a fee, income or compensation of any kind in this
21   Commonwealth.
22      "Department."    The Department of State of the Commonwealth.
23      "Dormitory."    A location in a massage establishment, other
24   than a residence, where there are signs that individuals live
25   there or are engaged in communal sleeping, including beds,
26   mattresses or cots.
27      "Employee."    An individual who performs a service at a
28   bodywork facility on a full-time, part-time or contract basis
29   whether or not the individual is designated as an employee,
30   independent contractor or otherwise. The term does not include

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 1   an individual who is exclusively engaged in the repair or
 2   maintenance of a bodywork facility or delivers goods to a
 3   licensee.
 4      "Illicit bodywork facility."     A facility that entices clients
 5   through advertising or other business practices directed toward
 6   sexual desires.
 7      "Licensee."    A person licensed under this act.
 8      "Manager."     An individual authorized by the licensee to
 9   exercise overall operational control of the business, supervise
10   employees or fulfill a function required of a manager under this
11   act.
12      "Massage therapist."    An individual licensed by the State
13   Board of Massage Therapy to practice massage therapy.
14      "Massage therapy."    The application of a system of structured
15   touch, pressure, movement, holding and treatment of the soft
16   tissue manifestations of the human body in which the primary
17   intent is to enhance the health and well-being of the client
18   without limitation, except as provided in this act. The term
19   includes the external application of water, heat, cold,
20   lubricants or other topical preparations, lymphatic techniques,
21   myofascial release techniques and the use of electro-mechanical
22   devices that mimic or enhance the action of the massage
23   techniques. The term does not include:
24          (1)   the diagnosis or treatment of impairment, illness,
25      disease or disability;
26          (2)   a medical procedure;
27          (3)   a chiropractic manipulation, adjustment, physical
28      therapy mobilization or manual therapy;
29          (4)   therapeutic exercise;
30          (5)   electrical stimulation;

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 1             (6)   ultrasound; or
 2             (7)   prescription of medicines for which a license to
 3      practice medicine, chiropractic, physical therapy,
 4      occupational therapy, podiatry or other practice of the
 5      healing arts is required by law.
 6      "Place of business."      An office, clinic, facility, salon, spa
 7   establishment or other location where a person engages in the
 8   practice of massage or bodywork. The term does not include the
 9   residence of a therapist or an out-call location not owned,
10   rented or leased by a bodywork practitioner or bodywork
11   facility, unless the location is advertised as the bodywork
12   practitioner's or bodywork facility's place of business.
13      "Spa establishment."      A commercial facility that offers or
14   engages in personal services that require a patron to disrobe or
15   includes body wraps, hydro-mineral wraps, body polish, body
16   wash, bath and hydrotherapy tub soak.
17      "Table shower."      An apparatus for the bathing or massaging of
18   a person on a table or in a tub. The term includes a Vichy
19   shower.
20   Section 3.      Licenses required.
21      (a)    Facility license.--To operate a bodywork facility in
22   this Commonwealth, the facility must have a valid bodywork
23   facility license under this act.
24      (b)    Manager license.--To manage a licensed bodywork facility
25   in this Commonwealth, the manager must have a valid manager
26   license under this act.
27      (c)    Table shower license.--To operate or maintain a table
28   shower on or about a licensed premises, the licensee must have a
29   valid table shower license under this act.
30   Section 4.      Administrative duties.

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 1      (a)   Duty of bureau.--The bureau may issue, deny, suspend,
 2   revoke or take other administrative action to ensure compliance
 3   with this act and may promulgate rules and regulations in
 4   accordance with this act.
 5      (b)   Temporary regulations.--In order to facilitate the
 6   prompt implementation of this act, the bureau shall transmit
 7   notice of temporary regulations regarding the implementation of
 8   this act to the Legislative Reference Bureau for publication in
 9   next available issue of the Pennsylvania Bulletin within 120
10   days of the effective date of this section. Temporary
11   regulations are not subject to the following:
12            (1)   Section 612 of the act of April 9, 1929 (P.L.177,
13      No.175), known as The Administrative Code of 1929.
14            (2)   Section 201, 202, 203, 204 and 205 of the act of
15      July 31, 1968 (P.L.769, No.240), referred to as the
16      Commonwealth Documents Law.
17            (3)   The act of June 25, 1982 (P.L.633, No.181), known as
18      the Regulatory Review Act.
19      (c)   Expiration.--The temporary regulations under subsection
20   (b) shall expire no later than 24 months following the
21   publication of the temporary regulations. Regulations adopted
22   after the 24-month expiration date shall be promulgated as
23   provided by law.
24      (d)   Final regulations.--Within 24 months of the effective
25   date of this section, the bureau shall submit final regulations
26   to the department.
27   Section 5.     Application for license.
28      (a)   Bodywork facility license.--An application for a
29   bodywork facility license shall include the following
30   information:

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 1        (1)   If an individual, the age of the applicant.
 2        (2)   The name, address, telephone number and Social
 3    Security number of each owner and director. If the applicant
 4    is an entity, the application shall include the name,
 5    address, telephone number and Social Security number of each
 6    individual applicant. The applicant shall include the Federal
 7    employee identification number and contact information for an
 8    accountant, attorney or registered agent of the entity.
 9        (3)   Information pertaining to convictions or pleas of
10    nolo contendere to a felony or misdemeanor in a Federal,
11    state or municipal court in the United States involving
12    prostitution, solicitation of prostitution, fraud, theft,
13    embezzlement, money laundering, assault, sexual assault,
14    crimes against children or human trafficking. Failure to
15    disclose a criminal conviction may result in denial of the
16    license application.
17        (4)   Information pertaining to a similar previously
18    denied, suspended or revoked license in this Commonwealth or
19    other jurisdiction in the United States. If the applicant had
20    a license denied, suspended or revoked previously, the
21    applicant must provide the name and location of the bodywork
22    facility and the date of the denial, suspension or
23    revocation.
24        (5)   Information pertaining to whether the applicant has
25    been an officer, director, manager, partner, member or owner
26    of a legal entity that currently or previously operated a
27    bodywork facility and the name, dates of operation and
28    location of the bodywork facility.
29        (6)   Satisfactory proof of the applicant's ownership or
30    right to possession of the premises where the bodywork

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 1    facility will be operated. The applicant has a continuing
 2    obligation to provide, if applicable, further evidence of the
 3    right to possession of the premises.
 4          (7)    Proof of professional liability insurance.
 5          (8)    Six months of bank statements demonstrating the
 6    source of funds for the applicant.
 7          (9)    Bank credit references for any person with at least
 8    a 1% financial interest in the applicant.
 9          (10)    A statement of purpose that the applicant has not
10    been convicted of a felony under the act of April 14, 1972
11    (P.L.233, No.64), known as The Controlled Substance, Drug,
12    Device and Cosmetic Act, or of an offense under the laws of
13    another jurisdiction, which if committed in this
14    Commonwealth, would be a felony under The Controlled
15    Substance, Drug, Device and Cosmetic Act, unless the
16    following apply:
17                 (i)    at least 10 years have elapsed from the date of
18          conviction; and
19                 (ii)   the applicant has made significant progress in
20          personal rehabilitation since the conviction and
21          licensure of the applicant should not be expected to
22          create a substantial risk of harm to the health and
23          safety of the applicant's clients or the public or a
24          substantial risk of further criminal violations.
25          (11)    The applicant agrees that, if a license is issued
26    to the applicant under this subsection, the applicant will
27    display the license prominently on the premises.
28    (b)   Terms of license.--
29          (1)    The bureau shall issue a license for a single,
30    identified location and the license is not assignable or

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 1      transferable.
 2            (2)    The license shall be renewed yearly or at any time a
 3      change in ownership occurs, including the change of an owner
 4      or director from the original application.
 5      (c)   Manager license.--A licensed bodywork facility shall
 6   have a manager who must hold a valid manager license. An
 7   application for a manager license shall include the following
 8   information relating to the manager:
 9            (1)    The applicant's full name, including first name,
10      middle name, last name and maiden name, if applicable.
11            (2)    The name the applicant wants to appear on the
12      manager license, which shall be part or all of the
13      applicant's legal name.
14            (3)    Current residence.
15            (4)    Mailing address.
16            (5)    City, state, zip code and county.
17            (6)    Social Security number.
18            (7)    City and state of birth.
19            (8)    Date of birth.
20            (9)    Telephone number, including home, mobile and
21      business numbers.
22            (10)    Email address.
23            (11)    Trade name or business name, if applicable.
24            (12)    Business address.
25            (13)    Citizenship status.
26            (14)    Physical description, including gender, height, eye
27      color, race, weight and hair color.
28            (15)    Place of residence for the previous 10 years,
29      including the date, street address, city, state, zip code and
30      county.

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 1        (16)    Professional experience for the previous 10 years,
 2    including date, job title, type of business, hours worked per
 3    week, employer's name, address, state, zip code, area code
 4    and telephone number and reason for leaving, if applicable.
 5        (17)    Education, including high school, college or
 6    university or professional education, with the name and
 7    address of the educational institution, whether or not the
 8    applicant was issued a certificate, diploma or degree and the
 9    month and year of graduation.
10        (18)    Previous or current licensure, registration or
11    certification in another state or territory, including state,
12    license, registration or certification type, license or
13    credential number, date issued and date of expiration.
14        (19)    Professional affiliations and achievements.
15        (20)    If any of the following situations have occurred,
16    including an explanation of the situation:
17               (i)    The applicant was charged with, arrested for,
18        convicted of or pled guilty or no contest to a violation
19        of any law.
20               (ii)    The applicant had a driver's license canceled,
21        suspended or revoked.
22               (iii)    The applicant has pending criminal charges in
23        a state or jurisdiction.
24               (iv)    The applicant violated Federal or State law
25        relating to bodywork or a health care profession.
26               (v)    The applicant obtained or attempted to obtain
27        compensation by fraud or deceit.
28               (vi)    The applicant was involved in a civil suit
29        related to the practice of bodywork therapy or other
30        health care profession.

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 1             (vii)    The applicant has a judgment entered against
 2        the applicant.
 3             (viii)    The applicant was denied a license for a
 4        health care profession.
 5             (ix)    The applicant had a license revoked or
 6        suspended.
 7             (x)    The applicant has formal disciplinary charges
 8        pending or action taken by a licensing board or medical
 9        board.
10             (xi)    If the applicant is a licensed massage
11        therapist, the applicant's massage therapy license
12        number.
13             (xii)    If the applicant has been convicted of or pled
14        nolo contendere to a felony or misdemeanor in a Federal,
15        state or municipal court in the United States involving
16        prostitution, solicitation of prostitution, fraud, theft,
17        embezzlement, money laundering, assault, sexual assault,
18        crimes against children, human trafficking or domestic
19        violence. Failure to disclose a criminal conviction may
20        result in denial of the license application.
21             (xiii)    Disciplinary action taken for violation of a
22        massage therapy licensure act in a jurisdiction of the
23        United States. The applicant shall disclose this
24        information whether or not the applicant is a licensed
25        massage therapist.
26             (xiv)    If the applicant has been convicted of a
27        felony under The Controlled Substance, Drug, Device and
28        Cosmetic Act, or of an offense under the laws of another
29        jurisdiction which, if committed in this Commonwealth,
30        would be a felony under The Controlled Substance, Drug,

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 1             Device and Cosmetic Act, unless at least 10 years have
 2             elapsed from the date of conviction and the applicant
 3             satisfactorily demonstrates:
 4                        (A)   significant progress in personal
 5                    rehabilitation since the conviction; and
 6                        (B)   that licensure of the applicant should not
 7                    be expected to create a substantial risk of harm to
 8                    the health and safety of the applicant's clients or
 9                    the public or a substantial risk of further criminal
10                    violations.
11             (21)    An attestation under oath before a notary that the
12      information on the application is true and complete.
13      (d)    Submission of application and payment of fee.--The
14   application must be submitted to the board and contain payment
15   of all applicable fees and one original color photograph of the
16   applicant taken within six months preceding the date of the
17   application of sufficient quality for identification. The
18   photograph must be of the head and shoulders, passport type and
19   two inches by two inches in size.
20      (e)    Display of license.--The applicant shall prominently
21   display the license on the licensed premises. The license is
22   issued for a single, identified location and is not assignable
23   or transferable.
24      (f)    Table shower license.--The bureau shall promulgate
25   regulations relating to the application and information required
26   to obtain a table shower license. The following conditions must
27   be met:
28             (1)    The applicant must have a license to operate the
29      bodywork facility and a manager license.
30             (2)    The table must be commercial and professional in

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 1      nature, manufactured with industrial grade materials and be
 2      designed solely for the purpose of massage utilizing multiple
 3      overhead spray nozzles and meeting all applicable plumbing
 4      and accessibility codes.
 5            (3)   A massage bathtub and table must not have accessory
 6      sprays.
 7            (4)   The bodywork facility where the table shower is
 8      being installed must be a bona fide spa establishment that
 9      offers, regularly conducts and markets a full range of spa
10      services and treatments.
11            (5)   The bodywork facility must practice appropriate
12      draping of clients to include the draping of the breasts,
13      buttocks and genitalia of clients unless the client gives
14      specific written consent to being undraped.
15            (6)   The license issued under this subsection must be
16      displayed prominently on the licensed premises. The license
17      is issued for a single, identified location and is not
18      assignable or transferable.
19            (7)   The license must be renewed yearly.
20   Section 6.     Background checks.
21      (a)   Duty of bureau.--Prior to the issuance of a bodywork
22   facility license or bodywork facility's manager license, the
23   bureau shall transmit the application to the Pennsylvania State
24   Police, the Department of Human Services and the Federal Bureau
25   of Investigation for review and criminal history record
26   information.
27      (b)   Time period for review.--The Pennsylvania State Police,
28   the Department of Human Services and the Federal Bureau of
29   Investigation shall return a report within 30 days after the
30   application is submitted.

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 1      (c)   Limitation.--The Pennsylvania State Police, the
 2   Department of Human Services and the Federal Bureau of
 3   Investigation shall provide information to the bureau and may
 4   not approve or deny the application for a license.
 5   Section 7.     Issuance and denial.
 6      (a)   Requirements.--In order to be issued a license, an
 7   applicant must meet the following requirements:
 8            (1)   The applicant shall be at least 18 years of age.
 9            (2)   The following may not have occurred:
10                  (i)    The applicant voluntarily surrendered a license
11            to practice as a massage therapist or bodywork employee
12            or operate a massage or bodywork facility as a result of,
13            or during, a criminal investigation.
14                  (ii)    A license to practice as a massage therapist or
15            bodywork employee or operate a massage or bodywork
16            facility was denied or revoked in a jurisdiction of the
17            United States if the underlying violation would be a
18            violation under this act.
19                  (iii)    The applicant is a registered sex offender or
20            is required by law to register as a sex offender.
21                  (iv)    The applicant has a prior conviction for an
22            offense under any of the following provisions:
23                         (A)   18 Pa.C.S. § 3121 (relating to rape),
24                  involving sexual misconduct with a child;
25                         (B)   18 Pa.C.S. § 3122.1 (relating to statutory
26                  sexual assault);
27                         (C)   18 Pa.C.S. § 3123 (relating to involuntary
28                  deviate sexual intercourse);
29                         (D)   18 Pa.C.S. § 3124.2 (relating to
30                  institutional sexual assault);

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 1                        (E)   18 Pa.C.S. § 3124.3 (relating to sexual
 2                  assault by sports official, volunteer or employee of
 3                  a nonprofit association); or
 4                        (F)   an offense under the laws of another
 5                  jurisdiction which, if committed in this
 6                  Commonwealth, would be a felony.
 7                  (v)   The applicant has convictions or pending
 8            violations for crimes, including prostitution, operating
 9            a prostitution enterprise, human trafficking, theft,
10            embezzlement or money laundering.
11            (3)   The location of the potential bodywork facility has
12      not had a similar license revoked or surrendered for cause
13      within the last 24 months.
14            (4)   The character, record or reputation of the
15      applicant, the applicant's agent and each owner or principal
16      owner of the applicant demonstrates that no potential
17      violation of this act is likely to occur if a license is
18      issued.
19      (b)   Time period for review.--If the applicant meets all of
20   the aforementioned criteria, the bureau shall approve the
21   issuance of the bodywork facility or manager license within 30
22   days of the receipt of the completed application. If the
23   application is not approved during the 30-day period, the
24   application shall be deemed denied.
25      (c)   Reason for denial.--The bureau shall provide a written
26   explanation for the denial of a license to the applicant.
27   Section 8.     Temporary license.
28      (a)   Bodywork facility license.--The bureau may issue a
29   temporary bodywork facility license upon receipt of a complete
30   bodywork facility license application and applicable fees, if

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 1   the license application is in conjunction with the sale of a
 2   licensed bodywork facility or a change in ownership of a
 3   licensed bodywork facility.
 4      (b)   Manager license.--The bureau may issue a temporary
 5   manager license upon receipt of a complete manager license
 6   application and applicable fees, if the license application is
 7   in conjunction with the sale of a licensed bodywork facility or
 8   a change in ownership of a licensed bodywork facility.
 9      (c)   Renewal.--A temporary license issued under this section
10   shall be valid for 30 days, and the bureau may renew the
11   temporary license every 30 days until the bureau approves or
12   denies the application.
13   Section 9.     Prohibitions.
14      A person in the business of operating a bodywork facility or
15   a manager or employee of the bodywork facility shall not do any
16   of the following:
17            (1)   Operate a bodywork facility without a valid license
18      or with a license that has been suspended, revoked or
19      expired.
20            (2)   Employ an individual to act as a manager at a
21      bodywork facility who is not licensed as a manager or a
22      licensed owner under this act.
23            (3)   Be open for business for the practice of massage
24      therapy without a licensed massage therapist on the premises.
25            (4)   Operate or maintain a table shower on the premises
26      without a valid table shower license.
27            (5)   Permit a licensed bodywork facility to be used as a
28      dormitory or for housing, sheltering or harboring an
29      individual or as living or sleeping quarters. The owner and
30      family members of a licensed bodywork facility operated as a

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 1    home occupation are exempt from this prohibition.
 2        (6)    Engage with another person or give or administer a
 3    bath, including table shower, in a manner intended to arouse,
 4    appeal to or gratify the sexual desire of the individual
 5    receiving the service.
 6        (7)    Permit an employee, manager or massage therapist to
 7    touch the genitalia of a client.
 8        (8)    Allow an employee, manager or massage therapist to
 9    provide bodywork services without being fully clothed. During
10    the delivery of all services the individual delivering the
11    services shall wear fully opaque material that does not
12    expose the individual's genitalia or substantially expose the
13    individual's undergarments.
14        (9)    Require client nudity as part of the bodywork
15    service without a client's prior written consent.
16        (10)   Place, publish or distribute, or cause to be
17    placed, published or distributed, misleading or false
18    advertising that would reasonably suggest to prospective
19    clients that a service is available other than as authorized
20    by this act. This includes language that reasonably suggests
21    any other service is available.
22        (11)   Permit a licensed bodywork facility to advertise
23    sexually explicit services or engage in sexually explicit
24    advertising. Any sexually explicit advertising will be
25    imputed to the owner and manager and is grounds for
26    suspension of the bodywork facility license and the manager
27    license.
28        (12)   Use, sell or possess adult-oriented merchandise,
29    including sex toys, sexual aids, internal lubricant or
30    contraceptives in any part of a licensed bodywork facility.

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 1    The owner and family members of a licensed bodywork facility
 2    operated as a home occupation are exempt from this
 3    prohibition insofar as it relates to their personal and
 4    private living space.
 5           (13)   Permit an individual to engage in a sexual act in
 6    the licensed bodywork facility. The owner and family members
 7    of a licensed bodywork facility operated as a home occupation
 8    are exempt from this prohibition insofar as it relates to
 9    their personal and private living space.
10           (14)   Fail to immediately report to the local police
11    department or the Pennsylvania State Police disorderly
12    conduct, criminal sexual acts, assaults or other criminal
13    activities occurring at the licensed bodywork facility.
14           (15)   Permit a client to make an agreement with an
15    employee to engage in sexual activity in any location.
16           (16)   Conceal individuals in the licensed bodywork
17    facility or refuse to provide identification to inspectors or
18    law enforcement, elude inspectors by exiting the licensed
19    bodywork facility via doors or other exits or remain behind
20    locked doors in the licensed bodywork facility during an
21    inspection.
22           (17)   Permit anyone to perform massage therapy unless the
23    individual is permitted under massage therapy law.
24           (18)   Operate between the hours of 10:00 p.m. and 5:00
25    a.m.
26           (19)   Operate an illicit bodywork facility.
27           (20)   Operate a place of business located in a building
28    or structure with exterior windows facing a public street,
29    highway, walkway or parking area that blocks visibility into
30    the interior reception and waiting area through the use of

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 1      curtains, closed blinds, tints or other material that
 2      obstructs, blurs or unreasonably darkens the view into the
 3      premises.
 4   Section 10.    Requirements.
 5      (a)   Duties.--A licensed bodywork facility shall:
 6            (1)   Maintain a list of employees or contractors on site
 7      with employment start dates or contracted service dates, full
 8      legal name, date of birth, home address, telephone number,
 9      employment position and termination date, if applicable.
10            (2)   Maintain a copy of each massage therapist's license
11      or other employee's license, if applicable.
12            (3)   Maintain a complete log containing the name of each
13      client and the date, time, cost and type of service provided
14      and the name of the employee providing the service. The log
15      shall be kept for at least one year and shall be subject to
16      inspection upon request by the bureau during normal business
17      hours.
18            (4)   Operate or conduct business under the designations
19      specified in the license.
20            (5)   Ensure that each employee, contractor, manager,
21      owner or other individual, excluding clients present on the
22      premises at the time of inspection, shall have a valid
23      government-issued identification, passport or visa on their
24      person and shall immediately present this identification upon
25      request of an inspector or law enforcement.
26            (6)   Ensure that personnel on the premises shall remain
27      fully clothed in opaque attire while performing services or
28      while visible to clients on the premises.
29            (7)   Ensure that the interior and exterior doors of the
30      licensed bodywork facility premises shall remain unlocked

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 1    while the licensed bodywork facility is open. Exterior doors
 2    may remain locked if the licensed bodywork facility is owned
 3    by one individual with no more than one employee or
 4    independent contractor. Restroom doors may be locked and
 5    internal doors may be locked to protect confidential patient
 6    or business information.
 7        (8)    If the inspecting official requests access to doors
 8    locked under this subsection during an inspection, open the
 9    doors immediately. A person who refuses to immediately open a
10    locked door during an inspection is unlawfully operating or
11    managing the bodywork facility under this act. Failure to
12    comply or any delay may result in suspension of the bodywork
13    facility license or manager license, or both.
14        (9)    List the address and license number of the bodywork
15    facility in all advertisements.
16        (10)   Maintain a log, which shall be available for
17    inspection at any time, showing the dates, times, hours
18    worked and wages earned of all employees for at least two
19    years.
20        (11)   Maintain a file of background checks under section
21    6 for each individual bodywork practitioner, employee or
22    contractor that has been submitted to the Pennsylvania State
23    Police, the Department of Human Services and the Federal
24    Bureau of Investigation showing that they have not been
25    convicted of or pled nolo contendere to a felony or
26    misdemeanor in a Federal, state or municipal court in the
27    United States involving prostitution, solicitation of
28    prostitution, fraud, theft, embezzlement, money laundering,
29    assault, sexual assault, crimes against children or human
30    trafficking. Failure to maintain the file and update it every

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 1    two years may result in suspension of the bodywork facility
 2    license.
 3        (12)    Ensure that a bodywork practitioner, employee or
 4    contractor is not a registered sex offender or an individual
 5    who is required by law to register as a sex offender, have
 6    any prior conviction for an offense involving sexual
 7    misconduct with a child under 18 Pa.C.S. §§ 3121 (relating to
 8    rape), 3122.1 (relating to statutory sexual assault), 3123
 9    (relating to involuntary deviate sexual intercourse), 3124.2
10    (relating to institutional sexual assault) and 3124.3
11    (relating to sexual assaults by sports official, volunteer or
12    employee of a nonprofit association) or an offense under the
13    laws of another jurisdiction which, if committed in this
14    Commonwealth, would be a felony or have had any convictions
15    or pending violations for an offense, including prostitution,
16    operating a prostitution enterprise, human trafficking,
17    theft, embezzlement or money laundering.
18        (13)    Ensure that a bodywork practitioner, employee or
19    contractor has not been convicted of a felony under the act
20    of April 14, 1972 (P.L.233, No.64), known as The Controlled
21    Substance, Drug, Device and Cosmetic Act, or of an offense
22    under the laws of another jurisdiction which, if committed in
23    this Commonwealth, would be a felony under The Controlled
24    Substance, Drug, Device and Cosmetic Act unless at least 10
25    years have elapsed from the date of conviction and the
26    applicant satisfactorily demonstrates that:
27               (i)    the bodywork practitioner, employee or
28        contractor has made significant progress in personal
29        rehabilitation since the conviction; and
30               (ii)    employment of the individual should not be

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 1            expected to create a substantial risk of harm to the
 2            health and safety of the applicant's clients or the
 3            public or a substantial risk of further criminal
 4            violations.
 5            (14)   Prominently display a list of all services offered
 6      and the charge for each service.
 7            (15)   Maintain all documents, logs and reports required
 8      by this act on the licensed premises.
 9      (b)     License void.--Upon the sale or transfer of interest in
10   a bodywork facility, the license issued under this act shall be
11   void and a new license application shall be required.
12   Section 11.     Inspections.
13      (a)     Inspections required.--An owner, manager, bodywork
14   practitioner or other employee must immediately grant full
15   bodywork facility access at any time the bodywork facility is
16   occupied or open for business, to any individual who is
17   authorized or required to inspect the bodywork facility by the
18   department or the municipality in which the bodywork facility is
19   located.
20      (b)     Scope.--Each room, cabinet or storage area shall be
21   subject to inspection and shall be opened and unlocked.
22      (c)     Log book.--A licensed bodywork facility shall promptly
23   provide the log book under section 10 to the inspector without
24   delay.
25      (d)     Licenses.--An inspector may request to review the
26   bodywork facility's manager's or massage therapist's license of
27   any employee or contractor.
28      (e)     Identification.--An owner, manager, massage therapist,
29   bodywork practitioner, employee or contractor shall present
30   identification upon request of an authorized inspector.

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 1   Section 12.     Suspension and revocation of licenses.
 2      (a)    Power of bureau.--In addition to any other violation
 3   under this act, the bureau may suspend or revoke a bodywork
 4   facility license if the bureau finds that a license was obtained
 5   through fraud, deceit or misrepresentation.
 6      (b)    Summary suspension.--The bureau may summarily suspend a
 7   bodywork facility license, provided that a hearing is scheduled
 8   within 30 days, if any of the following occur:
 9             (1)   The licensee willfully failed to disclose
10      information required under this act.
11             (2)   The licensee knowingly permitted a person to perform
12      bodywork procedures when the licensee should reasonably know
13      that the person is not licensed but is required to be
14      licensed.
15             (3)   There is reasonable suspicion that the bodywork
16      facility is attempting to operate an illicit bodywork
17      facility or prostitution enterprise, whether or not there is
18      a violation of any other law, regulation or rule.
19             (4)   The licensee failed to permit an inspection during
20      business hours.
21      (c)    Administrative fines.--If the bureau finds that a
22   license was obtained through fraud, deceit or misrepresentation,
23   the bodywork facility shall be subject to an administrative fine
24   of not more than $1,000.
25      (d)    Appeal.--A licensee may appeal the suspension or
26   revocation in accordance with regulations promulgated by the
27   bureau.
28   Section 13.     Forfeiture.
29      An illicit bodywork facility shall be subject to asset
30   forfeiture under 18 Pa.C.S. § 3021 (relating to asset

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 1   forfeiture).
 2   Section 14.    Practice of bodywork on minors.
 3      (a)   Parental presence required.--
 4            (1)   Except as provided in paragraph (2), when bodywork
 5      is provided to a minor, the parent or legal guardian of the
 6      minor shall be present, regardless of the sex of the licensed
 7      or certified person performing the bodywork.
 8            (2)   The minor may decline the presence of a parent or
 9      legal guardian only with the written consent of the parent or
10      legal guardian.
11            (3)   The licensed or certified person shall confirm the
12      identity of the parent or legal guardian.
13      (b)   Notice.--When a minor is to receive bodywork, the person
14   providing bodywork shall provide notice to the parent or legal
15   guardian of the rights under subsection (a). The notice shall be
16   provided in written form and shall be posted conspicuously in
17   the location where bodywork is provided.
18   Section 15.    Victims services.
19      If the bureau finds that a bodywork facility is operating as
20   an illicit bodywork facility, the bureau shall provide
21   information to victims services through the Office of Victims'
22   Services within the Pennsylvania Commission on Crime and
23   Delinquency to the trafficked employees and the employees
24   subjected to involuntary servitude. The victims shall receive
25   services through the act of November 24, 1998 (P.L.882, No.111),
26   known as the Crime Victims Act.
27   Section 16.    Effective date.
28      This act shall take effect in 60 days.




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