Need Advice for PA facial/massage law
Hi, there. A few months ago I was offered the opportunity to open skin care in a yoga studio that also does massage and acupuncture. The owner chose not to go through with it because of sharing space. Well, at that point I called the PA state board and said that since the owner had a yoga studio and massage that they could add skincare as long as they W2'ed me. So we are all set to go with product lines and supplies, etc. I attended a class today on waxing education and was told that I was misinformed and to call back the state as there must be an inspection and someone who is the owner of salon space. Sure enough I call back and they agree. So okay, no big deal we are set back a few weeks. The issue lies in the sharing space. They do massage in this studio and will only be offering facial services 2 days a week. I know I have been in a salon where I had a facial and flipped over for a massage in the same service. So please, any advice is very much appreciated.
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Replies to This Discussion
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Permalink Reply by M Elaine Gustafson on
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In PA you can not perform a facial in the same space where massage is performed.
http://www.pacode.com/secure/data/049/chapter7/s7.77.html
Since yoga and massage are unlicensed activities, they would not be allowed in a space that is licensed. That would be the actual room where the facials are performed. Yes, people do it all the time. I guess you could be caught, and you would have that mark on your license.
However, I find that different inspectors in PA interpret the laws differently. I would be interested in hearing what they decide for your space.
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Thank you for your insight. I am still waiting to hear a response from the studio owner. My guess is that she is going to call it quits for the reasons that Teresa is mentioning and sharing space. Then I am out a few grand with supplies and product!! I am looking around for space to go ahead with my own thing if this falls through but not sure how fast I can pull together a different business plan for a totally different model!? Thanks again and will keep you posted.
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Massage actually is a licensed activity in the state of PA
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Whether you are a W-2 or an IC is none of the state board's business. They have banned booth rentals in cosmetology establishments.
All cosmetology establishments must be inspected after an application has been submitted. The application must include a floor plan diagram and the name of the owner and cosmetology supervisor responsible for the establishment when the owner is not present.
Unless they board has changed their regulations, you have a bigger problem in getting your space approved.
ABout a year ago I was looking at starting a small spa in Philadelphia. I was told by the board that any treatment rooms used for esthetics COULD NOT be used for massage therapy. That pretty much scuttled my plans because unless you have tons of clients, you can't afford to have space sitting idle when that particular service is not booked and have staff twiddling their thumbs because there is not an available treatment room.
I know lots of big name spas that don't follow this rule, but that is their problem...
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Funny you should mention about the W-2 vs IC. This is how the first person I spoke with at the state determined I would need an inspection. When I told them the scenario of yoga studio w/ massage she said I would be under the umbrella of the massage licensing side of things and it is only considered renting space if I was IC. She said as long as she W-2'ed me that we could bypass the whole application/inspection thing!!!! So after calling back and getting someone else I had a whole new set of instructions. Very frustrating!!
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IC and renting are two different things
If you are covered under the massage licensing, then why is the cosmo board involved at all
How many people work for the government? About half!
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Teresa,
I may be misinterpreting your message but are you saying the advice I was given about being under the umbrella of massage is true?? I literally have been on the phone with PA state board no less than 5x. Each time i describe my scenario and I have been given two different answers. One is that I need to apply for the salon space and two that no app is necessary under the massage umbrella scenario. I just want to do the right thing but I am getting conflicting information. In all honesty, the one person from the state was so mean to me and acted as if i was so daft to even ask such questions. I have never done this and always worked for someone who already had an existing skin care business so this is all new to me. I just dont want to jeopardize my license or my reputation because of any misunderstanding.
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Permalink Reply by Cindy Greenwood on
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There is a separate board for Massage licensing - the Board of Cosmetology has nothing whatever to do with yoga or massage. Even if you WERE an employee, someone has to have an Esthetic Salon License - and that means an application AND inspection.
What most people do since booth rental is not allowed, is apply for a separate salon license (business within a business) which is certainly allowed as long as you adhere to the requirements for signage and space. Just read thru the application - it is very specific. When you submit your floor plan you HAVE to leave out the space that is used for massage or yoga (any space that is not part of the esthetics business).
You CAN have shared space - waiting room and restroom - I don't see how that is a problem with owner.
People not in the biz don't understand about state board requirements and licensing - they think it's just the same as having a massage therapist rent a room and don't see what the big deal is.
If she was thinking you would just use the massage room - you absolutely can NOT do that.
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Cindy,
Thank you so much for your response. We are okay with shared space as far as bathroom but you hit it correctly when you said about sharing a room with massage. She is trying to find loopholes around this because she says "everyone does it". I don't think there is a loophole so I have given her the application and info to contact the state directly. I will do nothing to jeopardize the license that I have worked very hard to get and uphold but it stinks that the state misdirected us in the first place. Live and learn and go with my gut next time. Knew it had to be too good to be true that we didn't need an inspection!? Or that we could share space!! Wish I could locate that conversation with the state board person just to show them someone is giving out bad info. Again, thanks so much for the info and I am taking this back to the owner today.
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She is trying to find loopholes around this because she says "everyone does it". "
Everyone does it is not a very effective legal defense should the state ever come a knockin' and shut you down.
Also, most leases state that all state and local laws will be followed in the operation of the business -- if the landlord is looking to sever a lease they could easily use this to do so
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Exactly!!!! I am so appreciative since this is all so new to me. Thank you again for your responses!!
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I may be misinterpreting your message but are you saying the advice I was given about being under the umbrella of massage is true??
No, it is not true. My point was if this bureaucrat was accurate in stating it was covered under massage licensing, then why was COSMO involved at all?
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