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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

Statutory Authority: 24 Del.C. §§5306(b) and 5314(b)
The Division of Public Health, Department of Health and Social Services, is proposing new regulations for facilities that offer massage and body work services. The regulations are in response to the revisions to 24 Del.C. §§5306(b) and 5314(b) which provide the Division of Public Health the authority to promulgate these regulations. On April 1, 2018, DPH plans to publish as proposed the new regulations, and hold them out for public comment per Delaware law.
1.1 Preamble. The Secretary, Delaware Health and Social Services (DHSS), adopts these Regulations pursuant to the authority vested by 24 Del.C. §5306. These Regulations establish requirements for the practice of massage and bodywork in massage establishments and provide for the investigation of complaints involving unsanitary or unsafe practices or conditions in such facilities.
For purposes of these Regulations the following definitions shall apply:
"Board" means and refers to the Delaware Board of Massage and Bodywork.
"Department" or "DHSS" means the Delaware Department of Health and Social Services.
"DNREC" means the Delaware Department of Natural Resources and Environmental Control.
"EPA" means the United States Environmental Protection Agency.
"Equipment" means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus used in connection with the operation of the establishment.
"FDA" means the United States Food and Drug Administration.
"Handwashing sink" means a permanent lavatory equipped with hot and cold running water, under pressure and used solely for washing hands, arms or other portions of the body.
"Hot water" means water which attains and maintains a temperature of at least 110o F.
"Invasive" means any entry into the body either by incisions or insertion of an instrument or through the skin or mucosa, or by any other means intended to puncture, break or compromise the skin or mucosa.
"Licensee" means any person licensed by Board.
"Massage establishment" has the same meaning as 24 Del.C. §5302(4).
"Person" means an individual, any form of business or social organization or any other non-governmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or incorporated organization.
"Professional in charge" means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees are licensed where required by law.
"Sanitize / Sanitization Procedure" means a process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by DHSS.
"Secretary" means the Secretary of DHSS or designee.
The Secretary shall have right of entry without fee or hindrance, for the purpose of determining if the establishment is in compliance with these Regulations. The establishment shall allow for inspection and shall provide information and records needed to determine compliance with these Regulations, whether or not the evidence exists that the establishment is in violation of these Regulations.
Last Updated: December 31 1969 19:00:00.
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