# Title 49 — Massage Therapy, Board of

## Article 49-03 — Massage Establishments

## Chapter 49-03-01 — Requirements for Massage Establishments

### § 49-03-01-01. Sanitation, location, and conditions.

1. 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.
History: Effective January 1, 2001; amended effective July 1, 2010; January 1, 2017; April 1, 2018;
April 1, 2024.
General Authority: NDCC 28-32-02, 43-25-03
Law Implemented: NDCC 43-25-03
