To carry out the provisions of Chapter XIII - "Massage Clinics and Sauna Bath Establishments" of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned.

SECTION 1.       Scope. - These implementing rules and regulations shall apply to all massage clinics and sauna bath establishments, masseurs/massagists, massage attendants, sauna bath attendants and other similar entities and practitioners.

SECTION 2.       Definition of Terms. - As used in these rules and regulations, the following terms shall mean:

1.         CERTIFICATE OF REGISTRATION - a certification in writing issued by the Department of Health Committee of Examiners for Masseurs who will be authorized to perform massage and to supervise massage attendants/masseurs.

2.         COMMITTEE - the Department of Health Committee of Examiners for Masseurs.

3.         HEALTH CERTIFICATE - a certification in writing issued by the city or municipal health officer using the prescribed form to persons employed as masseurs, massage attendants, sauna bath attendants and other related practitioners after passing the required physical and medical examinations and having been administered the required immunizations.

4.         LOCAL GOVERNMENT UNIT - the political subdivision which refers to the province, city, municipality or barangay.

5.         LOCAL HEALTH OFFICER - the provincial, city or municipal health officer.

6.         LOCAL HEALTH AUTHORITY - an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor and for a city or municipality, the local health authority is the mayor.

7.         MASSAGE - a method wherein the superficial soft parts of the body are rubbed or stroked or kneaded or tapped for remedial or aesthetic or hygienic purposes. It also includes the practice of reflexology, synchrotherapy, physical therapy and other similar techniques that use instruments and/or other parts of the body.

8.         MASSAGE ATTENDANT - a trained person who have complied with the basic requirements under the provisions of these rules and regulations and authorized to massage customers under the guidance and supervision of a registered masseur.

9.         MASSAGE CLINIC - an establishment equipped with necessary facilities for the practice of massage under the guidance/supervision of a registered masseur.

10.       MASSEUR/MASSAGIST - a trained person who has passed the masseurs' examination and is a holder of a valid certificate of registration for masseur issued by the Department of Health Committee of Examiners for Masseurs.

11.       SANITATION INSPECTOR - a government official or personnel, employed by the national, provincial, city or municipal government, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/city/municipal health officer/sanitary engineer.

12.       SANITARY ENGINEER - a person duly registered with the Board of Examiners for Sanitary Engineers (Republic Act 1364) and who heads the sanitation division/section/unit of the provincial/city/municipal health office or employed with the Department of Health or its regional health offices.

13.       SANITARY PERMIT - the permission or certification in writing of the city health officer or the municipal health officer or in his absence the chief or head of the sanitation division/section/unit that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and local ordinances.

14.       SAUNA BATH ATTENDANT - a person who applies the proper technique of giving steam bath to customers.

15.       SAUNA BATH ESTABLISHMENT - an establishment where customers are exposed to steam which is generated by sprinkling water on hot stones or by some other means.

16.       VERMIN - a group of insects or small animals such as flies, mosquitoes, cockroaches, lice, bedbugs, mice and rats which are vectors of diseases.

SECTION 3.       SANITARY PERMIT. -

3.1       No massage clinic or sauna bath establishment shall open and operate for public patronage without a sanitary permit issued by the local health officer.

3.2       Any extension or additional construction or alteration in an establishment shall require a new sanitary permit before it could be operated.

3.3       Application or renewal of the sanitary permit.

3.3.1  The application or renewal of the sanitary permit shall be filed with the city or municipal health office having jurisdiction over the establishment.

3.3.2  The sanitary permit shall be issued upon compliance to at least a satisfactory rating utilizing the form for sanitary inspection of public places establishment (EHS Form No. 103-B).

3.3.3  Fees shall be paid to the local government unit upon application, renewal and noting of sanitary permit. The amount of fees shall be set through city or municipal ordinance.

3.4       Noting of Permit. If there is a change in ownership of massage clinic and sauna bath establishment, the new owner shall apply to the city municipal health office within fourteen (14) working days to have such change noted in the records and permit certificate and shall pay the corresponding fee for such noting.

3.5       Validity. The sanitary permit shall be valid for one (1) year, ending on the last day of December of each year, and shall be renewed every beginning of the year, thereafter. Upon the recommendation of the local health officer to the local health authority, the sanitary permit shall be suspended or revoked for violation of any sanitary rules and regulations.

3.6       Posting of Permit. The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by authorized health and other regulatory personnel.

3.7.      Record of sanitary permit.

3.7.1  Every city or municipality shall keep a record of all massage clinics and sauna bath establishments which have been issued sanitary permit and renewal thereof.

3.7.2  The record shall in every case show the following:

a.            The name and address of the holder of the sanitary permit;

b.            The location of the establishment;

c.            The nature/kind of business for which the permit has been issued;

d.            The date the first permit was issued and the dates of any renewal thereof;

e.            Every change of management of the establishment since the first permit was issued;

f. Sanitary conditions under which the permit was issued or any renewal thereof granted; and

g.            The revocation of the sanitary permit.

3.7.3  The record shall be available at all reasonable times for inspection by any authorized officer of the Department of Health or local government unit.

SECTION 4.       PERSONNEL AND PERSONAL HYGIENE. -

4.1       Masseurs

4.1.1  No masseur shall be allowed to practice their profession without first securing a Certificate of Registration issued by the Department of Health Committee of Examiners for Masseurs.

4.1.2  The masseur and massage clinic attendant shall possess an up-to-date health certificate (EHS Form No. 102-C; pink color) including Sexually Transmitted Diseases (STD) clearances at least every two weeks secured from Department of Health accredited government clinic or hospital. Other examinations such as hepatitis-B antigen (HBsAG), VDRL and HIV may be required depending upon the discretion of the local health officer. However, in case of HIV examination the consent of the masseur/attendant shall be secured first by the local health officer.

4.1.3  The health certificate shall be clipped visibly in the upper left front portion of the uniform worn while working.

4.1.4  The masseur shall wear a clean working garment when attending to customers or when supervising clinic attendants.

4.1.5  The masseur shall wash his/her hands thoroughly with soap, water and 70% isopropyl alcohol before and after massaging a customer.

4.1.6  The masseur is not allowed to take a bath with the customers whether in the shower or in the tub or hydromassage tub/shower.

4.1.7  A registered masseur shall supervise a maximum of fifty (50) massage attendants.

4.1.8  A registered masseur shall render no less than six (6) hours of supervision a day.

4.1.9  A copy of the certificate of registration of masseur issued by the committee including its renewal shall be displayed at a conspicuous place of the massage clinic in full view of the public. A copy of which shall be furnished to the city/municipal health office.

4.2       Massage Attendants

4.2.1  Basic requirements for the employment of massage attendant:

a.            He/she must be at least (18) years of age.

b.            He/she must submit a medical certificate from a government physician preferably hospital/city/municipal health officer that he/she is physically and mentally fit.

c.            He/she must have a certificate of training noted by the local health officer after having completed at least sixty (60) hours of training on practical massage under the supervision of a registered masseur.

d.            He/she must present a certification that he/she had attended seminars or lectures on sexually transmitted diseases including AIDS conducted by competent health authorities.

4.2.2  Attendants must possess an up-to-date health certificate (same requirement as in Section 4, sub-section 4.1, paragraph 4.1.2).

4.2.3  The health certificate shall be clipped visibly in the upper left front of the uniform worn while working.

4.2.4  The attendant shall wear a clean working uniform when attending to customers.

4.2.5  The attendant shall thoroughly wash his/her hands with soap, water and 70% isopropyl alcohol before and after massaging a customer.

4.2.6  The massage attendant is not allowed to take a bath with the customers whether in the shower or in the tub or hydromassage shower/tub.

4.2.7  The massage attendant shall be under the close supervision and control of a registered masseur.

4.3       Sauna Bath Attendants

4.3.1        Basic requirements for the employment of sauna bath attendants:

a.       He/she must be at least eighteen (18) years of age.

b.       He/she must submit a medical certificate from a government physician preferably hospital/city/municipal health officer that he/she is physically and mentally fit.

c.       He/she must have a certificate of training noted by the local health officer after having completed at least sixty (60) hours of training on sauna bath techniques and procedures under the supervision of a registered masseur.

d.       He/she must present a certification that he/she had attended seminars or lectures on sexually transmitted diseases including AIDS conducted by competent health authorities.

4.3.2        Sauna bath attendants must possess an up-to-date health certificate (same requirement as in Section 4, sub-section 4.1, paragraph 4.1.2).

4.3.3        Health certificate of sauna bath attendants shall be clipped in the upper left front of the uniform worn while on duty or while inside the establishment.

4.3.4        Attendants are strictly prohibited to take the sauna bath with the customers.

4.4       Operators

4.4.1  The operator of the establishment must possess an up-to-date health certificate issued by the local health officer concerned.

4.4.2  The operator shall hire a licensed masseur during the entire operation of the establishment corresponding to the recommended ratio of attendants to be supervised.

4.5       Other Personnel

4.5.1        All personnel in the massage clinic or sauna bath establishment other than those mentioned above must possess an up-to-date health certificate issued by the local health officer concerned.

SECTION 5.  STRUCTURAL REQUIREMENTS. -

5.1       Floors

5.1.1  All floors shall be constructed of concrete or other impervious materials, easily cleaned and non-toxic materials.

5.1.2  Where the floors are constructed of wood with dovetailed or tongue and groove floor boards, it shall be laid in a firm foundation and clamped together.

5.1.3  Floor covering such as vinyl tiles, wood parquet, linoleum or similar materials may be used as long as they are fixed to the floor with cement or suitable materials. In case carpet is used, it shall be cleaned and maintained in satisfactory condition.

5.1.4  All floors shall be kept clean and dry at all times.

5.2       Walls

5.2.1  All internal walls shall have a smooth, even, non-absorbent and easily cleaned surface of non-toxic materials.

5.2.2  Walls for the toilet and bath shall be constructed of impervious, non-absorbent materials with a height of not less than two (2) meters from the floor.

5.2.3  Walls shall be painted with light color.

5.2.4  Wall covering shall be adhered firmly to the wall to avoid open spaces or cracks that would provide harborage for vermin.

5.2.5  All light fixtures and decorative materials attached to the walls or ceilings shall be kept clean.

5.3       Ceiling

5.3.1        All ceilings shall be of non-toxic materials.

5.3.2        The ceilings and under-surface of the rooms shall be smooth, non-absorbent and shall be painted light color.

5.4       Lighting

5.4.1        All rooms shall be provided with illumination of sufficient intensity to permit effective inspection and cleaning in accordance with the DOH general illumination standards.

a.  Massage, reception, office and other rooms shall be provided with a minimum of ten (10) foot-candle (107.6 lux) illumination.

b.  Sauna bath rooms shall have a minimum level of illumination of five (5) foot-candle (53.8 lux).

5.4.2        All lightings shall be reasonably free from glare and distributed so as to avoid shadows.

5.5       Ventilation

5.5.1        All rooms shall be provided with effective and suitable ventilation to maintain comfortable room temperature. The natural air supply in any room shall in no instance be less than 0.005 cubic meter per second per person.

5.5.2        The ventilation shall be adequate to maintain a comfortable room temperature to prevent condensation and the formation of excess moisture on walls, ceiling as well as to allow the removal of objectionable odors and impurities.

5.5.3        When natural ventilation only is provided, massage, reception, office and other rooms shall be provided with a window opening of at least 10% of the total floor area. Windows shall be kept clean and in good condition.

5.5.4        In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area and discharged in such manner as not to create a nuisance, shall be provided with the following:

a.       Air-conditioning units - provide 1.50 horse power (6,000 BTU/hr) air conditioner for every 50 cubic meter room volume.

b.       Exhaust fans or blowers

i. Massage rooms - provide a 25.40 centimeter diameter blower fan per 35 cubic meter room volume.

ii.            Toilet and bathroom - provide a 15.24 centimeter diameter exhaust fan per 10 cubic meter room volume. Mechanical exhaust systems shall be connected to the light circuits of windowless bathrooms.

5.5.5        Air circulated in the room of the establishments shall be supplied through air inlets arranged, located and equipped so that the personnel and customers are not subjected to air velocities exceeding 1.02 meter per second.

5.6       Changerooms

5.6.1        Changerooms for Customers

a.       Customers shall be provided with changerooms, at least one for each gender. It shall be located either in the massage room or adjacent to the toilet or shower room or the sauna room. Such changerooms shall be provided with individual lockers with lock.

b.       Each changeroom shall be provided with chairs and lounges, the number of which shall be equal to at least 25% of the customers that could be accommodated at one time in the establishment.

5.6.2        Changerooms for Personnel

a.       Masseurs, massage attendants and sauna bath attendants/helpers shall be provided with changerooms with lockers. Changerooms may be located adjacent to the personnel shower and toilet room.

b.       There shall be separate changerooms for each gender.

c.       Each changeroom shall be provided with chairs and lounges, the number of which shall be equal to at least 25% of the number of personnel using the changerooms.

5.7       Reception Rooms

5.7.1        Reception rooms shall be provided with lounges, easy chairs or sofas, the number of which shall be equal to at least 10% of the number of massage tables in the establishment for massage clinics and at least 10% for the number of customers that could be accommodated at one time in the sauna bath establishment. The reception rooms shall be maintained clean at all times.

5.8       Massage Rooms

5.8.1        Massage rooms shall be of adequate size which will guarantee the easy movement of the masseur/attendant in their work, but in no case less than five (5) square meters in floor area.

5.8.2        Massage room shall be provided with sliding curtain or swing type wooden door or equivalent materials at the entrance. Doors with locks are not permitted.

5.8.3        Massage table shall have the following dimensions: length of 1.80 meters, width of 0.80 meter and a height of 0.70 meter.

5.8.4        Massage table shall be provided with firm mattress, two (2) freshly laundered and clean sheets, two (2) bath towels, one (1) pillow and one (1) pillow case for every customer.

5.8.5        Each room shall be provided with massage needs such as alcohol, lotion, massage oil, tissue and powder.

5.8.6        Every room shall be disinfected with water-based disinfectant after every use.

5.9       Sauna Bath Rooms

5.9.1        Sauna bath rooms shall be of adequate size to accommodate several customers at one time but in no case shall be less than five (5) square meters in floor area. Doors shall be of the automatic type that could be opened inside the room in case of emergency.

5.9.2        It shall be provided with wooden plank benches or other non-heat retaining materials.

5.9.3        Thermometer shall be provided inside every sauna room. Thermostat regulators shall be well maintained to prevent accidental overheating of the room.

5.9.4        When ice or cold water are served inside the room, they should be of potable quality and placed in sanitized ice buckets or like containers.

5.10    Other Floor Spaces in the Establishment

5.10.1      There shall be sufficient floor space to enable every person working thereon to carry out his duties efficiently and to permit easy access for cleaning. Working spaces, aisles or passageways, stairways and areas to which customers have access shall be unobstructed and with at least 1.20 meter width to permit movement of employees and customers without personal contacts.

5.10.2      Floor spaces shall be in accordance with the National Building Code of the Philippines and local ordinances.

SECTION 6.       SANITARY FACILITIES REQUIREMENT. -

6.1       Toilet, Bath and Handwashing Facilities

6.1.1        Sanitary handwashing, bath and toilet facilities shall be available. For every five (5) massage tables, there shall be at least one (1) handwashing facility with hot (at least 48.9 C or 120 F) and cold water, one (1) shower room, and one (1) water closet.

6.1.2        One (1) shower room, one (1) water closet, one (1) lavatory and one (1) urinal shall be provided for every five (5) customers in the sauna bath. Individual lockers shall likewise be furnished.

6.1.3        Customers shall be provided with soap, clean towels, sufficient number of clean bed linen, and sanitized rubber or plastic slippers. They shall be required to take a thorough bath before massage. Cabinets for supplies shall be provided adjacent to toilet room.

6.1.4        All plumbing connections and fixtures shall be in accordance with the National Plumbing Code of the Philippines.

6.2       Water Supply

6.2.1        The water supply shall be adequate and potable in accordance with the Philippine National Standards for Drinking Water.

6.2.2        Hot and cold running water shall be provided.

6.2.3        In case bottled drinking water is served, it shall be in conformity with Department of Health Administrative Order No. 18 s. 1993.

6.2.4        All ice shall come from approved sources, or if coming from ice makers dispensing units of the establishment, adequate and acceptable ice storage and dispensing utensils shall be provided and properly used.

6.2.5        Steam water shall be free from any material or additive other than those specified by the Department of Health.

6.3       Food and Drink

6.3.1        Dispensing of food and drink shall be in accordance with Chapter III - "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

6.4       Sewage Disposal and Drainage

6.4.1        All sewage discharged from massage clinics and sauna bath establishments shall be disposed in a public sewerage system, or in the absence thereof, in a manner complying with Chapter XVII - "Sewage Collection and Disposal, Excreta Collection and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

6.5       Solid Wastes Management

6.5.1        All rooms of the establishments shall be provided with two (2) refuse receptacles or containers made of impervious materials, one for biodegradable and one for non-biodegradable wastes.

6.5.2        All receptacles or containers shall be provided with tight fitting lids or covers, so constructed and maintained as to be vermin-proof and easily cleaned. The receptacles or containers shall be lined with black plastic trash bags for non-biodegradable and green plastic trash bags for biodegradable materials.

6.5.3        After being emptied, each container shall be thoroughly cleaned inside and outside with water, soap and brush.

6.5.4        Storage of refuse shall be done in such a way that it shall be inaccessible to vermin in order to avoid becoming a potential insect and rodent attractant and harborage and cause of nuisance.

6.5.5        Refuse storage areas shall be maintained clean at all times.

6.5.6        All refuse shall be disposed at least once a day, or more frequently through the collection system or by any approved method and in such manner as to prevent nuisance.

6.6       Vermin Control

6.6.1        A vermin control program shall be maintained in the massage clinics and sauna bath establishments by the owners, operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement program, the local health agency will undertake the work at the expense of the owners, operators or administrators.

6.6.2        Massage rooms, changerooms, bathrooms and other openings to outdoor space shall be effectively screened, unless air-conditioned.

6.6.3        All below grade openings such as windows, lighting and ventilation shall be rat-proofed. Likewise, all openings in the exterior walls, ground or first floor and roof shall be rat-proofed. In cases of heavy rat infestation, wooden exterior door shall be covered with cuff and chain metal and equipped with an automatic closing device.

6.6.4        The growth of bush, weeds and grass shall be controlled to prevent harborage of ticks, bugs and other insects.

6.6.5        The procedure and frequency of vermin abatement program shall be determined and approved by the local health office.

SECTION 7.  EVALUATION AND INSPECTION. -

7.1       Responsible Officer

It shall be the duty of the city/municipal health officer to cause the evaluation and inspection of every massage clinic and sauna bath establishment at least once every three (3) months and to cause additional inspections and re-inspections and evaluation as deemed necessary for the enforcement of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) days after payment of the inspection fee to the city/municipal treasurer concerned.

7.2       Sanitation Inspection Fee

The fees payable for every inspection shall be of such amount prescribed by local ordinance.

7.3       Mission Order

7.3.1        The city/municipal health officer or the chief of sanitation division/section/unit of the local health office, as the case maybe, shall issue a mission order (EHS Form No. 112) for every sanitary inspection that will be conducted by the sanitary engineer/sanitation inspector.

7.3.2        The mission order must contain the date, mission order number and series, the name of the inspector and I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order.

7.3.3        Sanitary inspection conducted without a mission order is prohibited.

7.3.4        The owner/operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit the unauthorized inspection that was executed.

7.4       Uniform of the Sanitation Inspector and Aids to Inspection

7.4.1        The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection.

7.4.2        He shall likewise bring all the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flashlight, measuring tape, camera, light meter, water pressure gauge, residual chlorine and pH comparator kits, blacklight, etc., and copy of the sanitation laws and other materials.

7.5       Recording of Inspection

7.5.1        The sanitary engineer/sanitation inspector shall keep a record of all his inspections or evaluation reports in an inspection form (EHS Form-103-B).

7.5.2        The sanitary engineer/sanitation inspector shall furnish the original of such report to the owner/operator.

7.5.3 Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform with the requirements of these regulations.

a.       The inspection form has twenty (20) items. Non-complying items are indicated with an (X). Every such item is weighted with a demerit of 5. The rating of the establishment is therefore: 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating.

7.5.4        Sanitation Standard

a.       The percentage rating has an equivalent sanitation standard as follows:

Percentage Rating

Sanitation Standard

Color Code

90% - 100%

EXCELLENT

Luminous Green

70% - 89%

VERY SATISFACTORY

 Luminous Yellow

50% - 69 %

SATISFACTORY

Luminous Red

b.       The sanitation standard rating sticker (SSRS) (EHS form No. 104 A/C) shall be posted in a conspicuous part of the establishment, preferably at the door, for guidance of the customers. It shall be updated once every three (3) months, unless revoked earlier.

7.5.5        The average sanitation standard of every massage clinic and sauna bath establishment shall be evaluated by the local health officer/chief of sanitation division/section/unit every year end to determine its improvement/maintenance of rating.

7.6       Report of Inspection

7.6.1        The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the owner/operator of the corrections to be made and indicate a reasonable period for its compliance.

a.       The recommended corrective measures shall be specific in nature for easy understanding of the owner/operator of the establishment.

b.       Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays.

7.6.2        The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the city or municipal health officer or chief of the sanitation division/section/unit as the case maybe.

7.6.3        Within 48 hours of the inspection or evaluation, the original copy of the inspection report (EHS Form No. 103-B) and the sanitary order shall be furnished and acknowledged by the holder of the sanitary permit or the owner/operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service, registered with return card.

7.7       Re-inspection

7.7.1        If upon re-inspection of the establishment after the deadline, the sanitary engineer/sanitation inspector finds that correction has not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary permit.

7.7.2        A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available for inspection by authorized officials.

7.8       Service of Notice

7.8.1        Whenever an inspection or evaluation form indicates non-complying items, the city/municipal health officer shall serve to the owner/operator a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein.

7.8.2        In the event of non-compliance of the first sanitary order by the owner/operator, the health officer may serve a second notice:

a.       Second Sanitary Order

i. If the owner of the establishment needs additional time to comply with the first sanitary order, he shall request the city/municipal health officer in writing, prior to the expiration of the sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such request.

ii.            Notice of Hearing (EHS Form No. 118). The city/municipal health officer shall call the holder of the sanitary permit to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment should not be revoked.

7.9       Revocation of Permit

7.9.1        After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or failure to comply therewith is not excusable, shall recommend the revocation of the said permit, or;

7.9.2        After the second sanitary order on an extended grace period, a re-inspection was conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city/municipality of such revocation.

7.9.3        Lifting of suspension of permit may be recommended when the owner/operator of the establishment complies with the notices.

7.9.4        The owner of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action of the local health officer.

7.9.5        The local health authority may file court proceedings against any establishment for continuously operating after the revocation of its permit.

7.10         Summary Suspension of Permit - Whenever the city/municipal health officer finds unsanitary or unhealthy conditions in the operation of the massage clinic or sauna bath establishment which constitute a substantial hazard to public health, the local health officer shall recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours.

7.11         Appeals - The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final.

7.12         Power of Entry - Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health offices, upon presentation of proper credentials may at all reasonable times enter into any premises engaged in massage or premises used for any of the purposes referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations.

7.12.1            Sanitary inspections shall be conducted by officials in accordance with Section 7, sub-section 7.3 of these rules and regulations.

7.12.2            Sanitary inspections shall be done preferably during the time while the establishment is in operation.

7.13         Hearings - The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the local health authority shall be deemed final and executory.

SECTION 8.  COMMITTEE OF EXAMINERS FOR MASSEURS. -

8.1       Membership

8.1.1        A Committee of Examiners for Masseurs shall be created through a Department Order which will hereinafter be referred to as the "Committee" and shall be composed of:

-   the Director of the Environmental Health Service

-   one medical officer from the Traditional Medicine Unit, DOH

-   one sanitary engineer

-   one legal officer

-   one representative from the Office for Public Health Services

-   one representative from masseurs association

8.1.2        The Secretary of Health shall designate the chairman of the committee from among the members.

8.1.3        The Environmental Health Service shall serve as the committee secretariat.

8.1.4        Two (2) members shall hold office for three (3) years, another two (2) members for two (2) years and another two (2) members for one (1) year. However the Secretary of Health may re-appoint any member for another term. All re-appointments shall be for a term of three (3) years.

8.2       Powers, Duties and Functions of the Committee

8.2.1        To announce, schedule and hold examinations for masseurs; to approve or disapprove applications for examination and to perform all other duties pertinent and related thereto.

8.2.2        To issue licenses to masseurs who have satisfactorily passed the masseurs examinations and have complied with the requirements prescribed by law; to deny the issuance of license to any candidate and/or to cancel the license issued to any holder of certificate upon conviction of any criminal offense involving moral turpitude, or has been found guilty of immoral or dishonorable conduct, or has been declared to be of unsound mind or physically unfit, or who has been found violating existing laws, rules and regulations as the case maybe.

8.2.3        To issue certified true copies of lost or damaged licenses for masseurs.

8.2.4        To conduct investigations of all sworn complaints against registered masseurs or against the operation of massage parlors/clinics or sauna bath establishments and to submit its findings and recommendations to the Secretary of Health for appropriate action.

8.2.5        To accredit institutions, associations or trainers conducting training programs and review courses for masseurs.

8.2.6        To establish criteria for the accreditation of institutions, associations or trainers who shall train the masseurs.

8.2.7        To have visitorial powers on establishments and other related matters covered by these rules and regulations.

8.2.8        To perform other functions necessary to regulate, standardize, professionalize and uplift the practice of massage.

8.2.9        To perform such other related duties assigned by the Secretary of Health to implement pertinent provisions of the Code on Sanitation of the Philippines and these implementing rules and regulations.

8.3       Examination for Masseurs

8.3.1        Date of Examination

Examination for masseurs shall be conducted any day of the first week of June and December of every year. In exceptional cases, the committee may give examination on other dates outside the prescribed ones.

8.3.2        Place of Examination

a.       The examination for masseurs shall be conducted at the Department of Health, Manila, or

b.       At any Department of Health regional health office as determined by the committee upon the recommendation of the regional director.

8.4       Qualification of Applicants

8.4.1        Applicants for masseur examination must possess the following qualifications:

a.       He/she must be a Filipino citizen, not less than twenty one (21) years but not more than sixty (60) years of age;

b.       He/she must be of good moral character certified by the barangay captain of the community where the applicant resides;

c.       He/she must submit a certification or clearance from the National Bureau of Investigation (NBI) or provincial fiscal that he/she is not convicted by the court of any case involving moral turpitude;

d.       He/she must submit medical certificate from a government physician that he/she is physically and mentally fit;

e.       He/she must be at least a high school graduate;

f.        He/she must submit a certificate of training from any Department of Health accredited institution, association or trainer that he/she had received basic instruction on Anatomy and Physiology, Microbiology and Parasitology, Ethics and Jurisprudence, Hygiene and Sanitation and a certificate of training that he/she had taken practical massage from any registered masseur for at least sixty (60) hours; or certificate of training that he/she has received instruction on the above subjects from recognized school or college; and

g.       He/she must submit a certificate that he/she has received at least five (5) hours lecture on Sexually Transmitted Diseases including AIDS.

8.5       Application and Examination Fee

8.5.1        Applicants must submit to the committee secretariat two (2) copies of the prescribed application form duly accomplished and accompanied by two (2) copies of passport size photograph taken within the last six months.

8.5.2 Applicants shall pay an examination fee in the amount prescribed by the Department of Health.

8.5.3        The application form and the examination fee including the necessary documents stated must be filed two weeks before the examination date in order for the applicant to be included in the list of examinees.

8.6       Scope of Examination - The examination shall be conducted in English or Filipino and will consist of theoretical and oral/practical questions. The theoretical examination shall be conducted in writing and shall comprise basic questions on Anatomy and Physiology; Microbiology and Parasitology; Hygiene and Sanitation; and Ethics, Jurisprudence and Practice of Massage. The oral/practical examination shall consist of the preparation of the patient for massage, massage treatment, remedial exercises, gymnastics, techniques in the practice of massage, and massage applied on the different parts of the body.

8.7       Passing Average

8.7.1        Only those who have passed the theoretical examination shall be allowed to take the oral/practical examination.

8.7.2        All examinees who passed the theoretical examination shall take the oral/practical examination within one (1) month after official advice, otherwise, the results of the theoretical examination shall be deemed cancelled.

8.7.3        In order that an examinee may be deemed to have passed the examination successfully, he/she must obtain a general average of 75% without a grade below 50% in any subject given in the theoretical examination and a general average of 75% in the oral/practical examination.

8.8       Certificate of Registration for Masseurs

8.8.1        Issuance

a.       All examinees who have passed the required examination shall be issued a certificate of registration duly signed by the chairman of the committee and approved by the Secretary of Health.

b.       The certificate of registration shall bear a recent picture and signature of the successful examinee and will be valid for three (3) years. Original registration and miscellaneous fees shall be paid to the Department of Health (central office).

c.       The certificate of registration shall be posted conspicuously in the establishment concerned.

8.8.2        Renewal of the Certificate of Registration

a.       A masseur shall apply for the renewal of the certificate of registration and pay the registration and miscellaneous fees compounded for three years to the regional health office concerned.

b.       The following requirements shall be presented when applying for renewal of the certificate of registration:

i. Certificate of a recent physical and medical examination issued by a government physician;

ii.            Current professional tax receipt;

iii.           Current community tax certificate;

iv.           Receipt as payment of registration and miscellaneous fees for three years in the amount prescribed by the Department;

v.            Certificate of attendance to continuing education/training on massage conducted by accredited institutions/associations/trainers; and

vi.           When all the requirements are found in order, the said certificate shall be stamped with the notation "VALIDITY EXTENDED TO THE END OF YEAR ______" and the receipt number of registration fee and the signature of the regional health director concerned shall be affixed below.

c.       The regional health director concerned shall submit the list of renewed licenses of masseurs to the committee every year.

8.8.3        Suspension or Revocation of Certificate of Registration of Masseurs

a.       The committee and/or the regional health office concerned shall recommend to the Secretary of Health to reprimand erring masseurs by suspension or revocation of the certificate of all those found guilty after due investigation on any of the following grounds:

i. Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude;

ii.            Insanity;

iii.           Fraud in the acquisition or renewal of the certificate of registration;

iv.           Gross negligence, ignorance or incompetence in the practice of his/her occupation;

v.            Addiction to alcoholic drinks and prohibited drugs;

vi.           False or unethical advertisement and practice;

vii.          Physical incapacity which will impair the performance of duty as a masseur/massagist; and

viii.          Failure to revalidate the certificate of registration for at least five (5) years.

SECTION 9.       PRACTICE OF MASSAGE. -

9.1.      Licensed massagists/masseurs shall practice massage in accordance with the following:

9.1.1        No person is authorized to practice massage in the Philippines without holding a valid certificate of registration for masseur issued by the committee and approved by the Secretary of Health.

9.1.2        It is absolutely prohibited for any qualified or practicing masseur to use the "Dr" sign before, or the letters "M.D." after his name in advertising his profession in the newspapers, cards, signboards or any other means of advertisement.

9.1.3        No masseur shall engage in any other occupation which may infect his hands and transfer the disease to other person. In case of disease/infection, the masseur shall inhibit himself in the practice of massage until such time that the infection has been cured.

9.1.4        No masseur is allowed to prescribe any form of drugs or medical therapy.

9.1.5        No masseur shall perform massage to any person by using applying substance or preparation of any kind containing chemicals or materials that are detrimental to human health and hygiene.

9.1.6        Masseurs shall comply with the standard and scientifically accepted procedures and techniques in performing massage to any person.

9.2       Massage attendants/sauna bath attendants shall practice their occupation in accordance with the following:

9.2.1   A massage attendant is authorized to practice massage only with the direct supervision of a licensed masseur.

9.2.2        A sauna bath attendant shall apply the technique of giving sauna or steam bath to customers under the supervision of a licensed masseur.

SECTION 10.            RESPONSIBILITY OF THE REGIONAL HEALTH DIRECTOR. - The regional director shall:

10.1    Act on the renewal of the certificates of registration of masseurs;

10.2    Submit the list of renewed licenses of masseurs to the committee every year; and

10.3    Recommend to the Secretary of Health the suspension or revocation of the certificate of erring masseurs.

SECTION 11.    RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY. - The local health authority shall:

11.1    Issue sanitary permit to massage clinics and sauna bath establishments;

11.2    Issue sanitary order to establishments not complying with these rules and regulations;

11.3    Conduct hearings regarding erring establishments to include appeals from such establishments, and

11.4    Act on the recommendation of the local health officer to suspend or revoke sanitary permit;

SECTION 12.    RESPONSIBILITY OF THE LOCAL HEALTH OFFICER. - The local health officer shall:

12.1.        Conduct or cause the inspection and evaluation of massage clinics and sauna bath establishments at least once every three (3) months to ascertain their state of sanitation:

12.2         Inspect the health certificate of masseur, massage clinic attendants and sauna bath attendants;

12.3         Check at least every two weeks the sexually transmitted diseases clearance records of massage clinic masseurs and attendants; and

12.4         Enforce the provisions of these rules and regulations.

SECTION 13.            PENAL PROVISION. -

13.1         Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of these rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding Php 1,000.00 or both depending upon the discretion of the court.

13.2         Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department or of the bureaus and offices under it, in the performance of his duty as such under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations, shall be guilty of a misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine of not exceeding Php 1,000.00 or both depending upon the discretion of the court.

SECTION 14.    Separability Clause. - In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby.

SECTION 15.    Repealing Clause. - All rules and regulations which are inconsistent with the provisions of these implementing rules and regulations are hereby repealed or amended accordingly.

SECTION 16.    Effectivity. - These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or newspaper of general circulation.

Adopted: 02 Oct. 1996