Statute Details
- Title: Massage Establishments (Exemption) Order 2018
- Act Code: MEA2017-OR1
- Legislative Type: Subsidiary legislation (SL)
- Current Status: Current version (as at 27 Mar 2026)
- Authorising / Parent Act: Massage Establishments Act 2017 (Section 32)
- Commencement: 1 March 2018 (as reflected in the 2025 Revised Edition)
- Key Provisions (from extract): Sections 2–6 (Healthcare premises; massage by registered persons; head/scalp only; under-12 customers; full public view)
- Notable Administrative Provision: Section 6 includes conditions, an extended-hours mechanism, and a notification requirement to the Licensing Officer
- Latest Amendment Reference in Timeline: S 95/2026 (effective 09/03/2026) amending the Order
What Is This Legislation About?
The Massage Establishments (Exemption) Order 2018 (“Exemption Order”) is a regulatory instrument made under the Massage Establishments Act 2017. Its core function is to carve out specific categories of premises and massage activities from the scope of the Massage Establishments Act. In practical terms, it identifies situations where the statutory licensing and regulatory controls under the Act do not apply, because the massage activity is either (i) part of regulated healthcare services, or (ii) delivered in a manner that is sufficiently controlled or publicly observable.
In plain language, the Exemption Order recognises that not all “massage” activities present the same regulatory concerns. For example, massage provided within licensed healthcare facilities is treated differently from massage offered by massage establishments to the general public. Similarly, massage limited to head or scalp, or massage provided only to children below 12, is exempt. The Order also provides a more nuanced exemption for premises where massage is administered in full public view—subject to strict conditions designed to prevent private or hidden treatment.
For practitioners, the Exemption Order is important because it directly affects compliance strategy. Whether a business must obtain a licence (and comply with the Act’s requirements) can turn on whether the premises fall within one of the exemption categories in Sections 2 to 6. The Order therefore operates as a gatekeeping document: it determines when the Massage Establishments Act applies and when it does not.
What Are the Key Provisions?
1) Exemption for healthcare premises (Section 2)
Section 2 exempts certain premises that provide specified services under a licence granted under the Healthcare Services Act 2020. The exemption applies to “any approved permanent premises, or premises other than permanent premises” used for the provision of the listed services. The services include: acute hospital service, ambulatory surgical centre service, clinical laboratory service, community hospital service, nursing home service, outpatient dental service, and outpatient medical service.
Two legal points matter here. First, the exemption is tied to the existence of a licence under the Healthcare Services Act 2020. Second, the definitions of the healthcare services and the meaning of “approved permanent premises” and “permanent premises” are imported by reference to the Healthcare Services Act 2020. This drafting technique means that practitioners must check the healthcare licensing framework and the statutory definitions in the parent Act to determine whether the premises qualify.
2) Exemption where massage is administered by registered persons (Section 3)
Section 3 exempts premises used (or represented as being used, or intended to be used) for the reception or treatment of individuals seeking massage, where the massage is administered only by specified categories of professionals, each holding the relevant practising certificate or registration.
The exempt professional categories are:
- Traditional Chinese Medicine (TCM) practitioners registered under section 14 of the Traditional Chinese Medicine Practitioners Act 2000, with an in-force practising certificate under section 17 of that Act.
- Allied health professionals with a certificate of registration under section 22 of the Allied Health Professions Act 2011, and an in-force practising certificate under section 23.
- Registered medical practitioners under the Medical Registration Act 1997, with an in-force practising certificate under section 36.
Practically, Section 3 is a “who administers the massage” exemption. It is not enough that the premises are staffed by qualified persons; the massage must be administered only by the listed professionals, and each must hold the relevant practising certificate. For compliance, this typically requires maintaining documentary evidence of practising certificates and ensuring that no other persons administer massage within the premises.
3) Exemption for head or scalp massage only (Section 4)
Section 4 provides a straightforward exemption: any premises where massage is administered only to an individual’s head or scalp are exempt from the Act. This is a scope-of-service exemption. The key factual question is the limitation of the massage to head/scalp only. If the service expands to other body parts, the exemption would likely fail.
4) Exemption for massage only for customers below 12 years of age (Section 5)
Section 5 exempts premises where massage is administered only to individuals below 12 years of age. Again, this is a scope-of-customer exemption. Businesses relying on this exemption should ensure robust age verification and operational controls so that massage is not provided to customers aged 12 and above.
5) Exemption for massage in full public view (Section 6)
Section 6 is the most operationally complex provision. It exempts premises if all conditions in Section 6(1)(a)–(e) are satisfied, subject to the Licensing Officer’s extended-hours mechanism in Section 6(2) and the notification requirements in Section 6(3)–(4).
Conditions to qualify (Section 6(1))
- Full visibility: Any customer and member of the public can see at any time the massage services provided in every part of the premises from inside and outside.
- No obscuring devices: No window and no entrance may be obscured with devices or accessories (e.g., tinted glass, curtains, blinds, posters, or notices).
- No private treatment spaces: No rooms, partitions, cubicles, or other furniture that allow massage to be administered privately.
- Time restriction: Massage services may be provided only between 7 a.m. to 10.30 p.m. (both inclusive), or any extended period the Licensing Officer may allow in a particular case.
- Notification: The business must notify the Licensing Officer of the name and address of the establishment before starting the business.
Extended hours (Section 6(2))
If a business seeks to operate beyond 10.30 p.m., the Licensing Officer must consider whether the operator has (a) been convicted of offences under the Act or the repealed Massage Establishments Act (as in force immediately before 1 March 2018), (b) had offences compounded under the Massage Establishments (Composition of Offences) Rules 2018, and (c) had offences compounded under the revoked Massage Establishments (Composition of Offences) Rules 2005 (as in force immediately before 1 March 2018). The Licensing Officer must also consider whether the business is likely to cause annoyance or inconvenience to the public or any class of the public.
How notification must be made (Section 6(3))
Notification must be made using the electronic application service at https://www.gobusiness.gov.sg/... (as specified), or if the electronic service is not operating, in any form the Licensing Officer may require. The Licensing Officer may disregard notifications not made according to the paragraph (Section 6(4)). This means procedural compliance is not merely administrative; it can be determinative of whether the exemption is available.
How Is This Legislation Structured?
The Exemption Order is structured as a short set of operative provisions that list categories of exempt premises. In the 2025 Revised Edition extract, the Order contains:
- Citation (Section 1): Establishes the short title.
- Healthcare premises (Section 2): Exempts massage-related services when provided within licensed healthcare premises under the Healthcare Services Act 2020.
- Massage by registered persons (Section 3): Exempts premises where massage is administered only by specified registered professionals holding practising certificates.
- Head or scalp only (Section 4): Exempts premises where massage is limited to head/scalp.
- Customers below 12 (Section 5): Exempts premises where massage is limited to children under 12.
- Full public view (Section 6): Exempts premises meeting strict visibility, layout, time, and notification requirements, with an extended-hours discretion for the Licensing Officer.
Who Does This Legislation Apply To?
The Exemption Order applies to “premises” and to the provision of massage services in those premises. It is relevant to operators of massage businesses, healthcare providers, and any establishment offering massage services that might otherwise fall within the Massage Establishments Act 2017.
However, the Order does not apply uniformly to all massage providers. Instead, it applies conditionally: a premises is exempt only if it fits within one of the enumerated categories. For example, healthcare providers must ensure their massage-related services are within the scope of services licensed under the Healthcare Services Act 2020. Premises relying on Section 3 must ensure that only the specified registered professionals administer massage and that practising certificates are in force. Premises relying on Section 6 must meet the stringent “full public view” and operational constraints, including the notification procedure.
Why Is This Legislation Important?
This Exemption Order is significant because it affects regulatory exposure and licensing obligations under the Massage Establishments Act 2017. For practitioners advising businesses, the Order provides a structured pathway to determine whether the Act’s requirements apply. Correct classification can reduce compliance costs and avoid enforcement risk. Conversely, misclassification—such as relying on the “public view” exemption while using partitions that create private treatment areas—can lead to regulatory breach.
From an enforcement perspective, Section 6 is particularly telling. The conditions are designed to address concerns about privacy and concealment of treatment. The requirement that members of the public can see massage services “at any time” in “every part” of the premises, coupled with prohibitions on obscuring devices and private rooms/partitions, indicates a policy preference for transparency. The time restriction (7 a.m. to 10.30 p.m.) and the Licensing Officer’s discretion to consider prior offences and public annoyance further show that the exemption is not intended to be a broad substitute for licensing.
For legal practitioners, the Order also has evidentiary and procedural implications. Section 6(3)–(4) makes the notification method potentially decisive: if the notification is not made through the specified electronic service (or otherwise as required), the Licensing Officer may disregard it. Therefore, compliance advice should include not only substantive layout and staffing requirements, but also documentation and proof of notification.
Related Legislation
- Massage Establishments Act 2017 (Section 32 – authorising the Exemption Order)
- Healthcare Services Act 2020 (licensing framework and definitions imported into Section 2)
- Allied Health Professions Act 2011 (registration and practising certificate requirements referenced in Section 3)
- Traditional Chinese Medicine Practitioners Act 2000 (registration and practising certificate requirements referenced in Section 3)
- Medical Registration Act 1997 (registration and practising certificate requirements referenced in Section 3)
- Massage Establishments (Composition of Offences) Rules 2018 (referenced in the extended-hours considerations under Section 6(2))
- Massage Establishments Rules (revoked rules referenced in Section 6(2) historical context)
Source Documents
This article provides an overview of the Massage Establishments (Exemption) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.