(a) An agent of the Division may enter and inspect during business hours, without prior notice, any massage establishment.

Terms Used In Delaware Code Title 24 Sec. 5321

  • Division: shall mean the Division of Professional Regulation of the Department of State of Delaware. See Delaware Code Title 24 Sec. 5302
  • Massage establishment: means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or other words identified by the Board in regulation. See Delaware Code Title 24 Sec. 5302
  • place of business: includes any office, clinic, facility, salon, spa, or other location where a person or persons engage in the practice of massage and bodywork. See Delaware Code Title 24 Sec. 5302

(b) An agent of the Division acting pursuant to subsection (a) of this section: may inspect and copy records of the establishment; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment; and may inspect other things therein, including records, files, papers, and facilities relating to violation of this chapter.

(c) If a massage establishment is located within a therapist’s residence, an out call location, or is located within an office space shared with other businesses, an agent of the Division must have independent and sufficient legal justification before inspecting areas not used as a place of business for massage and bodywork by the establishment.

81 Del. Laws, c. 104, § 10;