Council passes changes to massage therapy license as two more probation agreements are approved

Randy Petersen, Post-Bulletin, Rochester, Minn.
·4 min read

May 16—ROCHESTER — Changes to the city's ordinance overseeing licenses for

massage-therapy businesses

were approved Monday.

Rochester License Examiner Christiaan Cartwright said the change seeks to pivot the regulations to a health focus, rather than centering on potential criminal activity.

"In assessing

the ordinance

, there are several opportunities to improve the clarity of the regulatory guidelines, to improve outcomes related to stigmas and to streamline the hearing process for massage therapists and massage-therapy businesses," he told the Rochester City Council.

The changes outline sanitation guidelines and seek to make inspections measurable. Guidelines include instructions related to cleaning equipment and rooms between clients, as well as personal hygiene issues, such as handwashing.

The use of forensic lights provides a way to measure the cleanliness of therapy rooms and equipment, but the practice during a pilot program implemented last year raised concerns for some business owners.

"This becomes a criminal investigation when you bring these testing kits," said Casey McGregor of having her business, Spa Casey, checked with a light intended to identify bodily fluids. "This is not a health inspection; this is a witch hunt."

Rick Stori, owner of Health Solutions Massage and Bodywork, stated similar concerns Monday during the City Council's open-comment period.

"I totally understand you are coming in and doing it for everybody, but it still bothers me that we are using forensic tools to come in looking for problems. It feels like guilty until proven innocent," he said, adding that he supports other aspects of the ordinance changes.

Rochester City Attorney Michael Spindler-Krage said he understands why some business owners might link the forensic tools to criminal investigations, but he pointed out that the technology has other uses.

"It's also testing that is extremely helpful to public-health matters," he said.

While the lights can track whether proper sanitization has occurred, inspections conducted by Olmsted County Public Health officials went further in recent inspections to determine whether samples found were seminal fluid, since it would indicate a violation of the written ordinance.

The revised ordinance identifies the presence of several bodily fluids, including blood, saliva and sweat, as a sign that the room hasn't been properly disinfected, which could lead to administrative action without the criminal implications of testing the fluid type.

Under the earlier guidelines, the existence of seminal fluid, as well as signs that people are living in the business, were linked to potential illicit activity and resulted in eight massage-therapy businesses having their licenses placed on probation.

Six of the businesses had

probation agreements

approved by the City Council on May 1, and two other agreements were accepted Monday, when the council approved probation status for Asian Style Massage, 1906 Second St. SW, and Hong Kong Massage, which has a pending license under the same ownership.

Cartwright has pointed out the probation status is intended to be a "light touch" for businesses that are deemed as needing to conform to city expectations related to operation.

The probation status provides added oversight with the understanding that the businesses must comply with license expectations or further action could be taken.

The last time the city suspended a license for a massage-therapy business was in 2021, according to Cartwright, and the revised ordinance seeks to implement a less abrasive hearing practice, which currently requires a public appearance during a City Council meeting.

Cartwright said the change allows a more nimble review by an assigned officer or panel, which could be appealed to the council for a formal review. He said the goal is to limit public confrontation and provide quicker action when needed.

With the change, Cartwright said city staff members also are working on optional education sessions for all massage therapists to make sure rules and expectations are understood.

Council member Shaun Palmer cast the sole vote against the ordinance change, stating it goes from business oversight to a public health focus.

"I think this belongs in the county," he said.

Council President Brooke Carlson and others said they appreciated the revision and the fact that business owners were included in the process before the changes were presented to the council.

"I think this is a really wonderful example of our community and our professionals and our city staff coming together to figure out how we best do this very sensitive work," Carlson said.