Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 141.
MASSAGE THERAPISTS
The Executive Commissioner of the Health and Human Services Commission,
on behalf of the Department of State Health Services (department), proposes
amendments to §§141.1 - 141.3, 141.5 - 141.7, 141.10, 141.11, 141.13
- 141.17, 141.20, 141.21, 141.24 - 141.27, 141.29 - 141.34, 141.36, 141.37,
141.40, 141.50, 141.51, 141.53 - 141.55, 141.60 - 141.62, and 141.64 - 141.66
and the repeal of §141.12, concerning the licensing and regulation of
massage therapy.
BACKGROUND AND PURPOSE
Revisions to the rules are necessary to implement provisions of House Bill
2696, 79th Legislature, Regular Session (2005), which amended Occupations
Code, Chapter 455, relating to the regulation of massage therapy. The bill
specifically changes the massage therapy registration to a license. The Massage
Therapy Licensing Program is a regulatory program that issues and renews licenses
for licensed massage therapists, licensed massage therapy establishments,
licensed massage therapy education programs, licensed massage therapy instructors,
and approved continuing education providers. The program also administers
examinations, through a contracted agency, to determine the eligibility and
competency of massage therapists in Texas in order to protect and promote
public health, safety, and welfare. Examination fees, including an administrative
fee, are collected by the contracted agency that is approved by the department.
Examination review fees, which are collected by the department, are being
modified to eliminate the in-person review of written examination questions.
In the future, written examination review will consist of providing a written
analysis of performance, which will not require a fee.
SECTION-BY-SECTION SUMMARY
Amendments to §§141.1 - 141.3, 141.5 - 141.7, 141.10, 141.11,
141.13 - 141.17, 141.20, 141.21, 141.25 - 141.27, 141.29 - 141.33, 141.36,
141.37, 141.40, 141.50, 141.51, 141.53 - 141.55, 141.60 - 141.62, and 141.64
- 141.66 reflect changes to Texas Occupations Code, Chapter 455 due to recent
legislation. The changes are necessary in order to change the terms "registration,
registered, certificate of registration, and registrant" to "license, licensed,
and licensee."
Amendments to §141.1 clarify that the Act, regulating massage therapy,
was formerly codified at Texas Civil Statutes, Article 4512k, add a definition
for the commissioner of the Department of State Health Services (department),
reflect the change in agency name, include the use of lubricants, jacuzzi,
sauna, and steam baths in the definition of massage therapy. New §141.1(10)
adds a definition for licensee. This section has been renumbered to reflect
deletions and insertions.
Amendments to §141.2 reflect change in agency name, remove language
regarding application fees for a one-year license due to House Bill 2292,
78th Legislature, Regular Session (2003), and remove language regarding fees
for the written examination review. New language §142.2(e)(4)(A) and
(B) will require massage therapy educational programs to pay late renewal
fees to align the fee structure with standard licensing agency practices.
Amendments to §141.3 delete the reference to the temporary registration,
and changes "letter of approval for examination" to "notice of approval for
examination" to allow for electronic notification.
New §141.5(t) requires licensees to cooperate during investigation
of a complaint.
Amendments to §141.6 prohibit the practice of massage therapy or other
massage services while partially nude.
Amendments to §141.10 require applicants for licensure to be at least
18 years of age.
Amendments to §141.11 delete the requirement that applications must
be submitted by established deadlines.
Repeal of §141.12 (relating to the issuance of a temporary registration)
is being proposed in accordance with House Bill 2696 of the 79th Regular Legislative
Session.
Amendments to §141.13 require applicants for licensure to be at least
18 years of age and reflect that a licensee is licensed by the department.
Amendments to §141.14 delete references to the temporary registration,
require an applicant to submit a new application and begin the examination
process again if the applicant has not passed both the written and practical
examination within one year of being approved for examination, clarify that
only the videotape from the practical exam may be reviewed by the candidate.
New §141.14(b) requires the applicant to pass the written examination
before they are eligible to sit for the practical exam unless the applicant
requires the examination in a language other than English or an interpreter
is needed.
Amendments to §141.24 remove language regarding one-year approvals
for continuing education providers.
New §141.32(h) and (i) will require massage therapy educational programs
to pay late renewal fees to align the fee structure with standard licensing
practices.
New language §141.34(j) to clarify that students may only complete
50 hours of internship before they are required to be licensed in accordance
with Texas Occupations Code, §453.053(7), relating to massage schools.
Amendments to §141.37 reflect agency name change. New §141.37(a)(16)(B)
requires massage therapy education programs to inform prospective students
that a person is ineligible for licensure until the fifth anniversary date
of a conviction for a misdemeanor involving moral turpitude or a felony.
Amendments to §141.50 require businesses that advertise or offer other
massage services to be licensed.
New §141.51(i) prohibits a massage establishment from employing an
individual who is not a United States citizen or legal permanent resident,
employing a minor without parental consent, allowing a nude or partially nude
employee to practice massage therapy or other massage services, allowing employees
to engage in sexual contact, allowing employees to wear clothing that is designed
to arouse or gratify a sexual desire. New §141.51(j) requires massage
therapy establishments to maintain and secure client intake forms, billing
records, and session notes and to make them available at the departments request.
New §141.51(k) defines nude and "sexual contact."
Amendments to §141.54 exclude the office of an occupational therapist
from licensure requirements, and add an exemption for the practice of other
massage services.
New §141.55(e) requires massage establishments to obtain a new license
if the location of the establishment changes.
Amendments to §141.62 change board to executive commissioner to reflect
that the executive commissioner adopts rules.
Amendments to §141.64 replace board with department to clarify that
the department is responsible for implementing terms of final court or attorney
general orders and that the department may not modify, remand, reverse, vacate,
or stay a court or attorney general's order to suspend a license for failure
to pay child support.
FISCAL NOTE
Kathy Perkins, Manager, Health Care Quality Section, has determined that
for each year of the first five years the sections are in effect, there will
be a decrease in revenue to the state as a result of enforcing or administering
the sections as proposed. The decrease in revenue is related to the elimination
of the written examination review fee. In fiscal year 2005, 11 applicants
who failed the written examination elected to pay the written examination
review fee of $15. This represents a decrease in revenue of $165 for the first
and each succeeding fiscal year that the rules will be in effect. There may
be an increase in revenue that will come from massage therapy education programs
that renew late. The specific increase to revenue cannot be determined because
there is no way to know how many massage therapy education programs will renew
late and be required to pay the additional fees. There are currently 100 licensed
massage therapy education programs. Due to the issuance of two-year licenses
approximately 50 education programs renew each year. Implementation of the
proposed sections will not result in any fiscal implications for local governments.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Perkins has determined that there will be fiscal implications for small
businesses or micro-businesses that are required to comply with the sections
as proposed. Some massage therapy education programs are small businesses
or micro-businesses and they will be required to pay late renewal fees if
they do not renew on time. The cost to small businesses or micro-businesses
will be the amount of the late renewal fee. There is no anticipated cost to
persons who are required to comply with the sections as proposed.
PUBLIC BENEFIT
In addition, Ms. Perkins has also determined that for each year of the
first five years the sections are in effect, the public will benefit from
adoption of the sections. The public benefit anticipated as a result of enforcing
or administering the sections is to continue to ensure public health and safety
through the licensing and regulation of massage therapy.
REGULATORY ANALYSIS
The department has determined that this proposal is not a "major environmental
rule" as defined by Government Code, §2001.0225. "Major environmental
rule" is defined to mean a rule the specific intent of which is to protect
the environment or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy, a sector of
the economy, productivity, competition, jobs, the environment or the pubic
health and safety of a state or a sector of the state. This proposal is not
specially intended to protect the environment or reduce risks to human health
from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed rules do not restrict or
limit an owner's right to his or her property that would otherwise exist in
the absence of government action and, therefore, do not constitute a taking
under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Heather Muehr, Program Director,
Massage Therapy Licensure Program, Professional Licensing and Certification
Unit, Division for Regulatory Services, Department of State Health Services,
1100 West 49th Street, Austin, Texas 78756, (512) 834-6628 or by e-mail to
heather.muehr@dshs.state.tx.us. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the proposed rules have been reviewed by legal counsel and
found to be within the state agencies' authority to adopt.
Subchapter A. THE DEPARTMENT
25 TAC §§141.1 - 141.3
STATUTORY AUTHORITY
The proposed amendments are authorized by Texas Occupations Code, Chapter
455; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed amendments affect the Occupations Code, Chapter 455, Health
and Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. Words
and terms defined in the Texas Occupations Code, Chapter 455 (the Act relating
to the regulation of massage therapy) shall have the same meaning in this
chapter as assigned in the Act.
(1)
Act--Texas Occupations Code, Chapter 455 [
(2) - (4)
(No change.)
(5)
Commissioner--The Commissioner of the
Department of State Health Services.
(6)
[
(7)
[
(8)
[
(9)
[
(10)
Licensee--A person or entity licensed
under the Act as a massage therapist, massage school, massage therapy instructor,
or massage establishment.
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
[(14)
Registrant--A person or entity registered
under the Act as a massage therapist, massage school, massage therapy instructor
or massage establishment.]
(16)
[
(17)
[
(18)
[
§141.2.Fees.
(a)
All fees are non-refundable and shall be submitted in the
form of a personal check, certified check or money order made payable to the
Department of State Health Services
[
(b)
(No change.)
(c)
The fees related to the
licensure
[
[(1)
application fee for applications filed
on or before December 31, 2004 (includes temporary and initial registration)--$53;]
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
[(A)
practical and written--$40;]
[(B)
practical only--$25;]
[(C)
written only--$15;]
(6)
[
(7)
[
(8)
[
(A)
a fee that is equal to one and one-half times the normally
required renewal fee when renewed on or within 90 days of expiration; or
(B)
a fee that is equal to two times the normally required
renewal fee when renewed more than 90 days, but less than one year after expiration.
(d)
The fees related to massage establishments are as follows:
[(1)
massage establishment application and
registration fee for applications filed on or before December 31, 2004--$150;]
(1)
[
(2)
[
(3)
[
(4)
[
(A)
a fee that is equal to one and one-half times the normally
required renewal fee when renewed on or within 90 days of expiration; or
(B)
a fee that is equal to two times the normally required
renewal fee when renewed more than 90 days, but less than one year after expiration.
(e)
The fees related to massage therapy educational programs
(massage schools and massage therapy instructors offering the 300
-
hour
course of instruction for
licensure
[
[(1)
application and registration fee for
applications filed on or before December 31, 2004 (includes inspection)--$1,400;]
(1)
[
(2)
[
(3)
[
(4)
late renewal fees:
(A)
a fee that is equal to one and one-half times the normally
required renewal fee when renewed on or within 90 days of expiration; or
(B)
a fee that is equal to two times the normally required
renewal fee when renewed more than 90 days, but less than one year after expiration.
(5)
[
[(6)
application and renewal fee for an additional
educational program location separate from the main campus filed on or before
December 31, 2004 (includes inspection)--$375; and]
(6)
[
(f)
The fees related to massage therapy instructors are as
follows:
[(1)
application and registration fee for
applications filed on or before December 31, 2004--$100;]
(1)
[
(2)
[
(3)
[
(4)
[
(A)
a fee that is equal to one and one-half times the normally
required renewal fee when renewed on or within 90 days of expiration; or
(B)
a fee that is equal to two times the normally required
renewal fee when renewed more than 90 days, but less than one year after expiration.
(g)
The fees related to pre-approved providers for continuing
education are as follows:
[(1)
fee for applications submitted on or
before December 31, 2004--$100;]
(1)
[
(2)
[
(3)
[
(h)
License
[
(i) - (j)
(No change.)
§141.3.Processing Applications.
(a)
The following periods of time shall apply from the date
of receipt of an application until the date of issuance of a written notice
that the application is complete and accepted for filing or that the application
is deficient and additional specific information is required. A written notice
stating that the application has been approved may be sent in lieu of the
notice of acceptance of a complete application. The time periods are as follows:
(1)
letter of acceptance of application for massage therapist
license
[
(2)
(No change.)
(3)
issuance of
license
[
(4)
letter of acceptance or notice of deficiency of application
for massage school, massage therapy instructor, or massage establishment
license
[
(b)
The following periods of time shall apply from the receipt
of the last item necessary to complete the application until the date of issuance
of written notice approving or denying the application. The time periods for
denial include notification of the proposed decision and of the opportunity,
if required, to show compliance with the law and of the opportunity for a
formal hearing. An application is not considered complete until the required
examination has been successfully completed by the applicant. The time periods
are as follows:
(1)
notice
[
(2)
initial letter of approval for
licensure
[
(3)
letter of denial of
licensure
[
(4)
issuance of
license
[
(c)
In the event an application is not processed in the time
periods stated in subsection (a) of this section, the applicant has the right
to request reimbursement of all fees paid in that particular application process.
If the department does not agree that the time period has been violated or
finds that good cause existed for exceeding the time period, the request will
be denied. Good cause for exceeding the time period is considered to exist
if the number of applications for
licensure
[
(d)
(No change.)
(e)
The time periods for contested cases related to the denial
of
licensure
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 24, 2006.
TRD-200601792
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §§141.5 - 141.7
STATUTORY AUTHORITY
The proposed amendments are authorized by Texas Occupations Code, Chapter
455; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed amendments affect the Occupations Code, Chapter 455, Health
and Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.5.General Ethical Requirements.
(a)
A
licensee
[
(b)
A
licensee
[
(c)
A
licensee
[
(d)
A
licensee
[
(e)
For each client, a
licensee
[
(f)
A
licensee
[
(g)
On the written request of a client, a client's guardian,
or a
client's
[
(h)
A
licensee
[
(1)
the type of massage techniques the
licensee
[
(2)
(No change.)
(3)
a statement that the
licensee
[
(4)
a statement that draping will be used during the session,
unless otherwise agreed to by both the client and the
licensee
[
(5)
a statement that if uncomfortable for any reason, the client
may ask the
licensee
[
(6)
the signature of both the client and the
licensee
[
(i)
If the client's reason for seeking massage changes at any
time and any of the information in subsection (h)(1) - (4) of this section
is modified, the
licensee
[
(j)
A
licensee
[
(k)
A
licensee
[
(l)
A
licensee
[
(m)
A
licensee
[
(n)
A
licensee
[
(o)
A
licensee
[
(p)
A
licensee
[
(q)
A
licensee
[
(r)
A
licensee
[
(1)
on each written contract for services of a
licensee
[
(2)
on a sign prominently displayed in the primary place of
business of each
licensee
[
(3)
on a bill for service provided by a
licensee
[
(4)
(No change.)
(s)
A
licensee
[
(t)
A licensee shall be subject to disciplinary
action for failure to truthfully respond in a manner that fully discloses
all information in an honest, materially responsive, and timely manner to
a complaint filed with or by the department.
§141.6.Sexual Misconduct.
(a)
A
licensee
[
(1) - (7)
(No change.)
(b)
A
licensee
[
(c)
A
licensee
[
(d)
A
licensee
[
(e)
A
licensee
[
§141.7.Advertising.
(a)
A person, including a massage therapy instructor, a massage
school, a massage therapist, or massage establishment that is not
licensed
[
(b)
A
licensee
[
(1) - (4)
(No change.)
(5)
causes confusion or misunderstanding as to the credentials,
education, or
licensure
[
(6) - (9)
(No change.)
(c)
When an assumed name is used in a person's practice as
a massage therapist or massage establishment, the legal name or
license
[
(d)
(No change.)
(e)
A massage therapy educational program shall not maintain,
advertise, solicit for or conduct any course of instruction intended to qualify
a person for
licensure
[
(f)
(No change.)
(g)
Advertisements seeking prospective students must include
the full and correct name and
license
[
(h) - (j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 24, 2006.
TRD-200601793
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §§141.10, 141.11, 141.13 - 141.17
STATUTORY AUTHORITY
The proposed amendments are authorized by Texas Occupations Code, Chapter
455; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed amendments affect the Occupations Code, Chapter 455, Health
and Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.10.Qualifications for Licensure [
(a)
Each applicant for
licensure
[
(1)
successfully completed a minimum of a 300-hour supervised
course of instruction in massage studies provided by a
licensed
[
(A) - (G)
(No change.)
(2) - (3)
(No change.)
(b)
Applicants who began massage therapy studies prior to January
1, 1992, may be eligible for
licensure
[
(c) - (d)
(No change.)
§141.11.Application Procedures and Documentation.
(a)
Unless otherwise indicated, an applicant for
licensure
[
(b) - (c)
(No change.)
(d)
Applicants must provide the following information on official
department forms, unless otherwise requested by the department:
(1) - (2)
(No change.)
(3)
a statement that the applicant, if issued a
license
[
(4)
a statement that the applicant understands that fees and
materials submitted in the
licensure
[
(5)
a statement that the information in the application is
truthful and that the applicant understands that providing false and misleading
information on items which are material in determining the applicant's qualifications
may result in the voiding of the application and failure to be granted
a license
[
(6)
(No change.)
(e)
(No change.)
(f)
Applicants applying under §141.10(a)(3) of this title
(relating to Qualifications for
Licensure
[
(1) - (5)
(No change.)
§141.13.Provisional License [
(a)
The department may issue a provisional
license
[
(1) - (2)
(No change.)
(3)
is sponsored by a person
licensed
[
(b)
(No change.)
(c)
A provisional
license
[
(d)
The
department
[
§141.14.Examination.
(a)
An
[
(b)
Applicants must pass the written
examination in order to be eligible to sit for the practical examination.
Exceptions may be made for individuals who require an interpreter or can not
take the examination in English.
(c)
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
(i)
[
(j)
[
(k)
[
(l)
[
(m)
[
(n)
[
(1)
The
[
(2)
All reviews are subject to department security requirements.
(3)
Textbooks and other references may not be used and persons
other than the applicant and department representatives may not be present
during the review.
(4)
The department will set a date and hour within a reasonable
time when the examination will be available for review.
§141.15.Massage Therapy Licenses [
(a)
The department will send each applicant whose application
has been approved and who has passed the written and practical examination,
a
license
[
(b)
A
license
[
(c)
Neither the
licensee
[
(d)
Neither the
licensee
[
(e)
The department will replace a lost, damaged, or destroyed
license
[
(f)
Licenses
[
§141.16.Massage Therapist License [
(a)
When issued, an initial
license
[
(b)
Each
licensee
[
(c)
At least 30 days prior to the expiration date, the department
will send a notice to each
licensee
[
(d)
The department may request specific information for renewal
including the
licensee's
[
(e)
For renewals occurring after January 1, 2002,
licensees
[
(f)
A
licensee
[
(g)
The department shall not renew a
license
[
(h)
A person whose
license
[
(i)
A person whose
license
[
(j)
A person whose
license
[
(k)
A person who was
licensed
[
(l)
A person whose
license
[
(m)
The department shall deny renewal of the
license
[
(n)
The department shall not renew a
license
[
§141.17.Active Military Duty.
(a)
If a
licensee
[
(1)
Renewal of the
license
[
(2)
Renewal may be requested before or after expiration of
the
license
[
(3)
A copy of the official orders or other official military
documentation showing that the
licensee
[
(4)
A copy of the power of attorney from the
licensee
[
(b)
A
licensee
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 24, 2006.
TRD-200601794
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §141.12
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of State Health Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeal is authorized by Texas Occupations Code, Chapter 455;
and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed repeal affects the Occupations Code, Chapter 455, Health and
Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.12.Temporary Registration.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 24, 2006.
TRD-200601795
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §§141.20, 141.21, 141.24, 141.25
STATUTORY AUTHORITY
The proposed amendments are authorized by Texas Occupations Code, Chapter
455; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed amendments affect the Occupations Code, Chapter 455, Health
and Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.20.Hour Requirements for Continuing Education.
(a)
Licensees
[
(b) - (c)
(No change.)
§141.21.Acceptable Continuing Education.
(a)
Acceptable continuing education includes attendance at
and completion of department approved or recognized programs (other than the
300 hour course of instruction required for
licensure
[
(1) - (3)
(No change.)
(b)
Continuing education approved or recognized by the department
must be developed and presented by qualified persons.
(1) - (2)
(No change.)
(3)
Out-of-state instructors or presenters offering continuing
education in Texas on massage therapy techniques or involving the manipulation
of soft tissue must be in compliance with any licensure, registration or certification
requirements for massage therapists and massage therapy instructors in the
instructor or presenter's home state or be licensed to practice medicine,
occupational therapy,
chiropractic, athletic training, physical therapy,
or nursing. If the instructor or presenter's home state does not have licensure,
registration or certification requirements for massage therapists and massage
therapy instructors, the instructor or presenter must provide documentation
of education or practical experience specific to the continuing education
being offered.
§141.24.Pre-approved Continuing Education Providers.
(a)
Continuing education providers may apply for provider
pre-approval on department forms. Approval of provider applications will be
determined by review of the application and determination of applicants' ability
to comply with department rules. [
(b) - (d)
(No change.)
(e)
Continuing education providers must renew the
approval
[
§141.25.Reporting Continuing Education.
(a)
The department will monitor a
licensee's
[
(b)
(No change.)
(c)
Licensees
[
(d)
Licensees
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 24, 2006.
TRD-200601796
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
25 TAC §§141.26, 141.27, 141.29 - 141.34, 141.36, 141.37, 141.40
STATUTORY AUTHORITY
The proposed amendments are authorized by Texas Occupations Code, Chapter
455; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
The proposed amendments affect the Occupations Code, Chapter 455, Health
and Safety Code, Chapter 1001; and Government Code, Chapter 531.
§141.26.General Provisions and Inspections.
(a)
A person or entity who provides at a minimum the course
of instruction required for
licensure
[
(b) - (e)
(No change.)
§141.27.Application Procedures and Documentation.
(a) - (d)
(No change.)
(e)
The
license
[
(f)
The effective date of the
license
[
§141.29.Massage Therapy Instructors.
(a)
A massage therapy instructor shall instruct the 125 hours
of Swedish massage therapy and the internship portion of the required course
of instruction. To qualify for
licensure
[
(1)
be a
licensed
[
(2)
(No change.)
(3)
submit a statement of assurance that the
licensee
[
(4)
complete a 30-hour course on teaching adult learners or
demonstrate competency in teaching adult learners. Courses attended may include
an instructional certification program, a college level course in teaching
adult learners, a continuing education course in teaching adult learners,
or an advanced program approved by the department in teaching the course of
instruction. Demonstrated competency means teaching adult learners varied
subjects in a formal educational setting, including the development of lesson
plans and assessment methods, which may be verified by a letter of reference.
Effective January 1, 2002, applicants for
licensure
[
(b)
(No change.)
(c)
Each massage therapy instructor and instructor employed
by a
licensed
[
(d)
Licensed
[
§141.30.Financial Stability.
(a)
Applicants for initial
licensure
[
(1)
(No change.)
(2)
Additional documents required for initial
licensure
[
(A) - (C)
(No change.)
(b) - (d)
(No change.)
(e)
Financial statements for the most recent fiscal year are
required at the time of renewal in accordance with §141.32 of this title
(relating to
License
[
§141.31.Change of Ownership.
(a)
The
license
[
(b)
(No change.)
(c)
The department may require submission of a complete application
for
licensure
[
(1) - (2)
(No change.)
(d)
The department may require a partial application for
licensure
[
(e)
Prior to a change in ownership of a massage therapy educational
program, the purchaser shall furnish the department a balance sheet meeting
the requirements for initial
licensure
[
(f)
(No change.)
(g)
The department may issue a new
license
[
§141.32. License [
(a)
When issued, the
license
[
(b)
The expiration date of a
license
[
(c)
A complete application for renewal of a
license
[
(1) - (4)
(No change.)
(d)
At least 30 days prior to the
license
[
(e)
The [
(f)
A massage therapy educational program has renewed the
license
[
(g)
The department shall issue a [
(h)
A massage therapy educational program
whose license has been expired for 90 days or less may renew by submitting
all required documentation and paying a fee that is equal to one and one-half
times the normally required renewal fee.
(i)
A massage therapy educational program
whose license has been expired for more than 90 days but less than one year
may renew by submitting all required documentation and paying a fee that is
equal to two times the normally required renewal fee.
(j)
[
(k)
[
§141.33.Locations.
(a)
A
license
[
(b)
(No change.)
(c)
A request for
licensure
[
(1) - (4)
(No change.)
(d) - (f)
(No change.)
§141.34.Curriculum and Internship for the Basic Course of Instruction.
(a) - (i)
(No change.)
(j)
The department does not approve more than
50 internship hours. Individuals who have completed the required 300-hour
supervised course of instruction, including the 50-hour internship are eligible
for examination and licensure and are no longer considered to be students.
For the purposes of Texas Occupations Code, §455.053(7), 50 hours is
the maximum number of hours a student can accumulate in an internship before
the student is required to be licensed.
§141.36.Admission Requirements.
(a) - (b)
(No change.)
(c)
Each massage therapy educational program must maintain
a written record of the previous education and training of a student which
meets any portion of the course of instruction required for
licensure
[
(d)
A massage therapy educational program may not require
a student to take subjects the student has already completed and which meet
the requirements for
licensure
[
§141.37.Enrollment Procedures.
(a)
Prior to enrollment, each massage therapy educational
program shall provide each prospective student copies of the following:
(1) - (12)
(No change.)
(13)
a notice that clearly states the number of course hours
which must be successfully completed before a student can
be licensed
[
(14) - (15)
(No change.)
(16)
a statement that the Act sets out that a person is ineligible
for
licensure
[
(A)
if the person has been convicted of, entered a plea of
nolo contendere or guilty to, or received deferred adjudication to crimes
or offenses involving prostitution or another sexual offense; [
(B)
until the fifth anniversary of the date
of a conviction for a misdemeanor involving moral turpitude or a felony; or
(C)
[
(b)
(No change.)
(c)
Each massage therapy educational program shall use an
acknowledgment form approved by the department to verify the prospective student's
receipt of the information required in subsection (a) of this section. A signed
copy of the form shall be given to the prospective student. The form shall
include the following or similar statements.
(1)
(No change.)
(2)
"I further realize that complaints may be made to the
massage therapy educational program and the
Department of State Health
Services, Massage Therapy Licensing Program
[
(3)
(No change.)
(d) - (e)
(No change.)
§141.40.Cancellation and Refund Policy.
(a) - (e)
(No change.)
(f)
The department may take disciplinary action against the
license
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 24, 2006.
TRD-200601797
Cathy Campbell
General Counsel
Department of State Health Services
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 458-7111 x6972
and Texas
Revised Civil Statutes, Article 4512k
], relating to the regulation of
massage therapists, massage therapy instructors, massage therapy schools and
massage establishments.
(5)
] Department--
Department
of State Health Services
[
Texas Department of Health
].
(6)
] Health and hygiene--The study
of recognized methods of sanitation and cleanliness including prophylaxis
or disease prevention as applied to massage therapy services and current knowledge
of elements of healthy life styles.
(7)
] Hydrotherapy--The use of generally
accepted methods of external application of water for its mechanical, thermal,
or chemical effect.
(8)
] Instructor--A person employed
at a
licensed
[
registered
] massage school who instructs
one or more students in any section of the course of instruction, other than
Swedish massage therapy techniques or the internship.
(9)
] Massage therapy--The manipulation
of soft tissue by hand or through a mechanical or electrical apparatus for
the purpose of body massage. The term includes effleurage (stroking), petrissage
(kneading), tapotement (percussion), compression, vibration, friction, nerve
strokes, and Swedish gymnastics. Massage therapy may include the use of oil,
lubricant,
salt glows, heat lamps, hot and cold packs, or tub, shower,
jacuzzi, sauna, steam
or cabinet baths. Equivalent terms for massage
therapy are massage, therapeutic massage, massage technology, myo-therapy,
body massage, body rub, or any derivation of those terms. Massage therapy
is a health care service when the massage is for therapeutic purposes. The
terms "therapy" and "therapeutic" do not include diagnosis, the treatment
of illness or disease, or any service or procedure for which a license to
practice medicine, chiropractic, physical therapy, or podiatry is required
by law. Massage therapy does not constitute the practice of chiropractic.
(10)
] Massage therapy educational
program--The supervised 300 hour course of instruction described in the Act, §455.156,
required for
licensure
[
registration
] provided by a
licensed
[
registered
] massage school or massage therapy instructor.
(11)
] Massage therapy instructor--A
licensed
[
registered
] massage therapist who provides to one
or more students instruction approved by the department in massage therapy.
(12)
] Owner--An owner is, in the
case of a massage therapy educational program or establishment, an individual,
a partnership and any partners, a corporation, or any other legal business
entity.
(13)
] Physiology--The study of
the normal vital processes of the human body including the processes of cells,
tissues, and organs including the contractibility of muscle tissue; coordination
through the nervous system; digestion; circulatory reproduction; and secretions.
(15)
] State approved educational
institution--An institution which is approved by the Texas Education Agency
or which is an institution of higher education as defined in the Texas Codes
Annotated, Texas Education Code, Chapter 61 or a higher education institution
approved by a similar agency in another state.
(16)
] Swedish gymnastics--Passive
and active joint movements, nonspecific stretches, passive and active exercise,
or any combination of these.
(17)
] Swedish massage therapy techniques--The
manipulation of soft tissue utilizing effleurage (stroking), petrissage (kneading),
tapotement (percussion), compression, vibration, friction, nerve stroke, and
Swedish gymnastics.
Texas Department of Health
]. Cash payments may be made in person only.
registration
] of massage therapists are as follows:
(2)
] application fee [
for applications
filed on or after January 1, 2005 (includes temporary and initial registration)
]--$106;
(3)
] examination fee--to be determined
by the agency approved by the department to administer the examination plus
an administrative fee determined by the department at the time the applicant
is scheduled for an examination;
(4)
] re-examination fee--to be determined
by the agency approved by the department to administer the examination plus
an administrative fee determined by the department at the time the applicant
is to be rescheduled for an examination;
(5)
] written translation fee--the
actual costs to the department of translating or having the examination translated
into a foreign language, including salaries, travel expenses, and out of pocket
expenses plus an administrative fee determined by the department;
(6)
]
practical
examination
review fee
--$25;
[
:
]
(7)
] fee for a renewal
license
[
registration
] issued for a one-year period--$50;
(8)
] fee for a renewal
license
[
registration
] issued for a two-year period--$100;
(9)
] late renewal fees;
(2)
] massage establishment application
fee [
for applications filed on or after January 1, 2005
]--$300;
(3)
] fee for a renewal
license
[
registration
] issued for a one-year period--$150;
(4)
] fee for a renewal
license
[
registration
] issued for a two-year period--$300;
(5)
] late renewal fees;
registration
])
are as follows:
(2)
] application and
licensure
[
registration
] fee [
for applications filed on or after
January 1, 2005
] (includes initial inspection and annual inspection)--$2,800;
(3)
] fee for a renewal
license
[
registration
] issued for a one-year period (includes inspection)--$1,000;
(4)
] fee for a renewal
license
[
registration
] issued for a two-year period (includes annual
inspections)--$2,000;
registration fee for a
] change of instructional
address
for main campus
(includes inspection)--$375;
and
(7)
] application and renewal fee
for an additional educational program location separate from the main campus
[
filed on or after January 1, 2005
] (includes initial inspection
and annual inspection)--$750.
(2)
] application and
licensure
[
registration
] fee [
for applications filed on or after
January 1, 2005
]--$200;
(3)
] fee for a renewal
license
[
registration
] issued for a one-year period--$100;
(4)
] fee for a renewal
license
[
registration
] issued for a two-year period--$200;
(5)
] late renewal fees for massage
therapy instructors;
(2)
]
application
fee
[
for applications submitted on or after January 1, 2005
]--$200;
(3)
] fee for a renewal
license
[
registration
] issued for a one-year period--$100;
(4)
] fee for a renewal
license
[
registration
] issued for a two-year period--$200.
Registration certificate
]
and identification card replacement fee--$20.
registration or temporary registration
]--20 working
days;
registration
]
renewal after receipt of documentation of all renewal requirements--10 working
days; and
registration
]--30 working days.
letter
] of approval for examination--20
working days;
registration
]--30 days;
registration
]--30 days; and
registration
]
renewal after receipt of documentation of all renewal requirements--10 working
days.
registration
] and
licensure
[
registration
] renewal exceeds
by 15% or more the number of applications processed in the same calendar quarter
the preceding year; another public or private entity relied upon by the department
in the application process caused the delay; or any other condition exists
giving the department good cause for exceeding the time period.
registration
] or
licensure
[
registration
] renewals are not included within the time periods stated
in subsection (a) of this section. The time period for conducting a contested
case hearing runs from the date the department receives a written request
for a hearing and ends when the decision of the department is final and appealable.
A hearing may be completed within one to four months, but may extend for a
longer period of time depending on the particular circumstances of the hearing.
Subchapter B. CODE OF ETHICS
registrant
] shall not
make deceptive, untrue, or fraudulent representations in the practice of massage
or employ a trick or scheme in the practice of massage, including, but not
limited to, warranty of results of such services and false claims of proficiency
in any field.
registrant
] shall not
use a work area, equipment or clothing that is unclean or unsanitary.
registrant
] shall not
practice massage therapy fraudulently, with gross incompetence, with gross
negligence on a particular occasion, or with negligence or incompetence on
more than one occasion.
registrant
] shall bill
clients or third parties for only those services actually rendered or as agreed
to by mutual understanding at the beginning of services or as later modified
by mutual agreement.
registrant
] shall keep accurate records of the dates of massage therapy services,
types of massage therapy and billing information. Such records must be maintained
for a minimum of two years.
registrant
] must obtain
the written consent of a parent or guardian to provide massage therapy services
to a person under the age of 17.
clients
] parent if the client is a under
the age of 17, a
licensee
[
registrant
] shall provide
a written explanation of the charges for massage therapy services previously
made on a bill or statement of the client. This requirement applies even if
the charges are to be paid by a third party.
registrant
] shall provide
an initial consultation to each client(s) prior to the first massage session
and obtain the signature of the client on the consultation document. The consultation
document shall include:
registrant
] anticipates using during the massage therapy session;
registrant
] shall not engage in breast massage of female clients without the written
consent of the client;
registrant
];
registrant
] to cease the massage
and the
licensee
[
registrant
] will end the massage session;
and
registrant
].
registrant
] must provide
an updated consultation reflecting any changes and modifications to the techniques
used or the parts of the client's body to be massaged.
registrant
] shall not
abuse alcohol or drugs in any manner which detrimentally affects the provision
of massage therapy or massage therapy instruction.
registrant
] may not persistently
or flagrantly overcharge or over treat a client.
registrant
] shall not
practice in an
unlicensed
[
unregistered
] massage establishment
or massage school.
registrant
] shall not
allow an
unlicensed
[
unregistered
] person to engage
in activity for which
licensure
[
registration
] is required.
registrant
] shall not
provide false information on material submitted to the department.
registrant
] shall not
interfere with a department investigation by the willful misrepresentation
of facts to the department or its authorized representative, or by the use
of threats
, retaliation,
or harassment against any person.
registrant
] shall comply
with any formal order issued by the department relating to the
licensee
[
registrant
].
registrant
] shall be
subject to disciplinary action by the department if the
licensee
[
registrant
] is issued a public letter of reprimand, is assessed a civil
penalty by a court, or has an administrative penalty imposed by the attorney
general's office under the Texas Code of Criminal Procedure, §56.31.
registrant
] shall notify
each client of the name, mailing address, and telephone number of the department
for the purpose of directing complaints to the department by providing notification:
registrant
];
registrant
];
registrant
] to a client or third party; or
registrant
] shall keep
his or her
licensure
[
registration
] file updated by
notifying the department, in writing, of changes of names, address, telephone
number and employment.
registrant
] shall not
engage in sexual contact during a session with a client. For the purposes
of this section, sexual contact includes:
registrant
] shall not
allow any individual, including a client, student,
licensee
[
registrant
], employee, or one's self to engage in sexual contact on
the premises of any massage school, massage establishment, or the
licensee's
[
registrant's
] own place of business.
registrant
] shall not
allow any individual, including a student,
licensee
[
registrant
], employee, or one's self to practice massage therapy
or provide
other massage therapy services
in the nude
, while partially nude,
or in clothing designed to arouse or gratify the sexual desire of any
individual.
registrant
] shall not
perform massage therapy, whether or not for compensation, at or for a sexually
oriented business.
registrant
] shall immediately
discontinue the activity or the professional relationship when a client initiates
any verbal or physical contact with the
licensee
[
registrant
] that is intended to arouse or gratify the sexual desire of either
person.
registered
] under the Act shall not use the word "massage"
on any sign, display, or other form of advertising unless the person is expressly
exempt from the
license
[
registration
] requirements
of the Act. Under no circumstances may a sexually oriented business use the
word "massage"
or "bath"
on any sign or other form of advertising.
registrant
] shall not
use advertising that is false, misleading, or deceptive or that is not readily
subject to verification. False, misleading, or deceptive advertising or advertising
that is not readily subject to verification includes advertising that:
registration
] of a health care
professional;
registration
] number of the massage therapist must be listed
in conjunction with the assumed name. An assumed name used by a massage therapist
must not be false, misleading, or deceptive.
registration
] as a massage therapist
without first obtaining
licensure
[
registration
] from
the department.
registration
]
number of the massage therapy educational program.
Subchapter C. MASSAGE THERAPISTS Registration ] as a Massage Therapist.
registration
] as a massage therapist must
be at least 18 years old and
present
evidence satisfactory to the department that the person has:
registered
] massage therapy instructor,
licensed
[
registered
] massage school, a state approved educational institution, or a combination
of any of these. The 300-hour supervised course of instruction must include:
registration
]
by documenting completion of a
250-hour
[
250 hour
] supervised
course of instruction and are not required to have completed a
50-hour
[
50 hour
] internship in accordance with subsection (a)(1)
of this section.
registration
] as a massage therapist must submit all required
information and documentation of credentials on official department forms.
[
Documents must be submitted on or before the examination deadline set
by the department to be eligible for an examination. Applications which are
received incomplete or late may cause the applicant to miss the examination
deadline.
]
registration certificate
], shall return the
license
[
certificate
] and identification cards to the department
upon the expiration, revocation or suspension of the
license
[
registration
];
registration
]
process are nonrefundable and nonreturnable;
any registration
] or the revocation of any
licenses
[
registration
] issued; and
Registration
]
as a Massage Therapist) must submit two or more of the following to the department
on official department forms, if required:
Registration ].
registration
] to an applicant for
licensure
[
registration
] as a massage therapist or massage therapy instructor who is
at least 18 years old and is
currently licensed or registered in another
jurisdiction and who:
registered
] by the
department
[
board
] under the Act with
whom the provisional
licensee
[
registrant
] will practice
during the time the person holds a provisional
license
[
certificate
of registration
].
certificate of registration
] is valid until the date the
department
[
board
]
approves or denies the provisional
licensee's
[
registrant's
] application for
licensure
[
registration
]. The
department shall issue a
license
[
certificate registration
], without examination, to a person submitting the documentation set
out in subsection (a) of this section.
board
] must approve
or deny a provisional
licensee's
[
registrant's
] application
for
licensure
[
registration
] not later than the 180th
day after the date the provisional
license
[
registration
]
is issued. The
department
[
board
] may extend the 180-day
period if the results of an examination have not been received by the
department
[
board
] before the end of that period.
A holder of a temporary registration
or an
] applicant meeting the requirements of §141.10 of this title
(relating to Qualifications for
Licensure
[
Registration
]
as a Massage Therapist) is allowed to take
the written and practical
examinations
[
the examination
] provided the person complies
with the requirements of this section.
(b)
] The department
or its
designee
shall send an examination
approval notice to each
[
candidate form to an
] applicant
who is eligible to sit for the
written or practical examination.
[
whose application has been approved.
Applications which are received incomplete or late may cause the applicant
to miss the examination deadline.
]
(c)
]
Approved examination candidates
must complete the examination registration process and submit the examination
fee by the established deadlines.
[
A completed examination candidate
form and fee must be submitted on or before the deadline date set by the department.
] Forms which are received incomplete or late may cause the applicant
to miss the examination deadline.
(d)
] The department shall void the
application of any applicant who fails to schedule and take an examination
within one year after the examination approval notice is mailed to the applicant.
To be eligible for subsequent examination(s), the applicant will be required
to file another application and meet requirements in effect at that time.
(e)
] The examination will be conducted
in the English language. Exceptions will be made when English is not the native
or first language of the applicant. The written exam may be taken in a person's
native language if the person notifies the department at least 60 days in
advance, so that the written test can be available. The applicant will be
responsible for any fee or consideration to be paid to an acceptable interpreter
and/or translator whose services are necessary for the examination.
(f)
] Applicants with disabilities
must inform the department, in advance, of special accommodations requested
for examination.
(g)
] The examination shall consist
of a written section and a practical section. Exam candidates must sign a
statement agreeing to maintain the confidentiality of the exam.
(h)
] Examinations will be held on
dates and in locations to be announced by the department.
(i)
] Examinations will be graded
by the department or its designee. The department
or its designee
shall
notify each examinee of the results of the examination within 30 calendar
days of the date of the examination.
(j)
] A person who fails the written
examination or the practical examination may retest
by registering for
another examination and
[
twice on the failed portion of the examination
after
] paying another examination fee.
The department will void
the application of a person who fails to pass both the written and practical
examination within one year of the initial approval for examination. The person
must submit a new application and successfully pass both examinations, even
if the written examination was previously passed, before being eligible for
licensure.
[
All retests must be completed no later than two years
after the initial date of examination eligibility or the person's application
will be voided.
]
(k)
] No refunds will be made to
examination candidates who fail to appear for an examination.
(l)
] Each applicant taking the practical
[
portion of the
] examination may serve as a model for another applicant
taking the practical [
portion of the
] examination on the same day.
Each applicant shall complete a model eligibility form provided by the department
at the examination site.
(m)
] Each applicant who fails the
practical
examination may request, in writing and within 21 days from
the date of the notification of failure, an examination review. All requests
for a review shall be accompanied by the fee set out in §141.2 of this
title (relating to Fees).
For the practical examination, the
] applicant may review his or her
videotape
[
video tape
and examination grade sheets
]. A skill examiner may be requested to
review [
or regrade
] the skill demonstration
videotape
[
video tape
].
Therapist Registration Certificates ].
registration certificate
] and identification
card containing a
license
[
registration
] number.
Licenses
[
Registration certificates
] and identification cards
remain the property of the department and must be surrendered to the department
on demand.
certificate
] must be displayed
in an appropriate and public manner in the primary office or place of employment
of the
licensee
[
registrant
]. In the absence of a primary
office or place of employment, the
licensee
[
registrant
]
shall carry a current identification card.
registrant
]
nor anyone else shall display a photocopy of a
license
[
certificate
] or carry a photocopy of an identification card in lieu of the original
document.
registrant
]
nor anyone else shall make any alteration on a
license
[
certificate
] or identification card issued by the department.
certificate, temporary registration certificate,
]
or identification card upon written request from a
licensee
[
registrant
] and payment of the appropriate replacement fee. The request
shall include a statement detailing the loss or destruction of the original
license
[
certificate
] or identification card, or be accompanied
by the damaged
license
[
certificate
] or card.
Certificates
] and cards
that may have not been received by a
licensee
[
registrant
] may be replaced at no charge if the
licensee
[
registrant
] notifies the department in writing and within 30 days of the date
the
license
[
certificate
] or card was issued.
Registration ] Renewal.
registration
] is valid until the last day of the
licensee's
[
registrant's
] birth month in the current or following year, as determined by the
department, and must be renewed on or before the expiration date. Renewal
licenses
[
registrations
] will be issued for a one or two-year
period, as determined by the department, and expire on the last day of the
licensee's
[
registrants
] birth month. The expiration date
is noted on each
license
[
registration certificate
].
registrant
] is responsible
for renewing the
license
[
registration
] before the expiration
date and shall not be excused from paying late renewal fees. Failure to receive
notification from the department prior to the expiration date of the
license
[
registration
] will not excuse failure to file for
renewal or late renewal.
registrant
] at
the
licensee's
[
registrant's
] last known address according
to the records of the department. The notice shall include the expiration
date of the
license
[
registration
] and the amount of
the renewal fee.
registrant's
] preferred mailing
address, primary employment address and telephone number, category of employment,
all names or titles under which the
licensee
[
registrant
]
engages in the practice of massage therapy, and a statement of all misdemeanor
and felony convictions or offenses for which deferred adjudication was received
or for which a plea of nolo contendere or guilty was entered.
registrants
] shall report continuing education required
for renewal in accordance with Subchapter D of this chapter, (relating to
Continuing Education and Documentation).
registrant
] may renew
by mailing the renewal fee and required documentation to the department or
by telephonic or electronic methods on or before the expiration date. The
postmark date or the date of electronic renewal shall be considered in determining
whether any late fees apply.
registration
] until it receives the fee and required documentation for
renewal or notice of telephonic or electronic renewal.
registration
]
has expired for 90 days or less may renew by paying a fee that is equal to
one and one-half times the normally required renewal fee.
registration
]
has expired for more than 90 days but less than one year may renew by paying
a fee that is equal to two times the normally required renewal fee.
registration
]
has expired for more than one year may not renew. The person may obtain a
new
license
[
registration
] by complying with the then
current requirements and procedures for obtaining a
license
[
registration
], including the examination.
registered
]
in this state, moved to another state, and is currently registered or licensed
as a massage therapist and has been in the practice of massage therapy in
the other state for the two years preceding the date of application may
obtain a license
[
register
] without reexamination. The person
must pay to the department a fee that is equal to two times the normally required
renewal fee for
licensure
[
registration
].
registration
]
has expired may not engage in the activities of a massage therapist and may
not hold himself or herself out as a massage therapist, imply that he or she
has the title of "
licensed
[
registered
] massage therapist"
or "massage therapist", or use "RMT"
, "LMT",
or "MT" or any facsimile
of those titles in any manner.
registration
] of a
licensee
[
registrant
] if renewal
is prohibited by the Education Code, §57.491 (relating to Default of
Student Loans).
registration
] if renewal is prohibited by a court order or attorney
general's order issued pursuant to the Family Code, Chapter 232 (relating
to Suspension of License for Failure to Pay Child Support).
registrant
] fails
to timely renew his or her
license
[
registration
] on
or after August 1, 1990, because the
licensee
[
registrant
] is or was on active duty with the armed forces of the United States
of America serving outside the State of Texas, the
licensee
[
registrant
] may renew the
license
[
registration
]
pursuant to this section.
registration
]
may be requested by the
licensee
[
registrant
], the
licensee's
[
registrant's
] spouse, or an individual having
power of attorney from the
licensee
[
registrant
]. The
renewal form shall include a current address and telephone number for the
individual requesting the renewal.
registration
].
registrant
]
is or was on active duty serving outside the state of Texas shall be filed
with the department along with the renewal form.
registrant
] shall be filed with the department along with
the renewal form if the individual having the power of attorney executes any
of the documents required in this subsection.
registrant
] renewing
under this section shall pay the applicable renewal fee, but not a late renewal
fee.
Subchapter D. CONTINUING EDUCATION REQUIREMENTS AND DOCUMENTATION
Registrants
] must successfully
complete at least 6 hours of acceptable continuing education to renew a one-year
license
[
registration
].
Licensees
[
Registrants
] must successfully complete at least 12 hours of acceptable continuing
education to renew a two-year
license
[
registration
].
registration
]), institutes, seminars, workshops, state or national conferences,
advanced course work, or college and university academic courses that are:
Approved applications filed on or before
December 31, 2004, are effective for twelve months from the date of approval.
] Approved applications [
filed on or after January 1, 2005,
]
are effective for two years from the date of approval.
registration
] prior to the expiration date.
Renewed
approvals
[
Renewal registrations
] will be issued for a one
or two-year period, as determined by the department.
registrant's
] compliance with continuing education requirements by the
use of a random audit system.
Licensees
[
Registrants
]
selected for audit will receive notification along with the renewal notice.
Supporting documentation of participation in continuing education activities
are not to be submitted unless a written audit notice is received informing
the
licensee
[
registrant
] that he or she has been randomly
selected for a document audit.
Registrants
] who receive
an audit form with the renewal notice shall submit all appropriate documentation
to substantiate compliance with the department's continuing education requirements.
Registrants
] are responsible
for maintaining continuing education records for a period of three years.
Subchapter E. MASSAGE SCHOOLS AND MASSAGE THERAPY INSTRUCTORS
registration
]
to one or more students constitutes a massage therapy educational program
and must obtain
licensure
[
registration
] as a massage
school or as a massage therapy instructor providing the training solely through
an independent training program.
registration certificate
] must be displayed in an appropriate and public manner at the location
of the educational program.
registration
] shall be the date the
license
[
certificate of registration
] is issued.
registration
]
as a massage therapy instructor, a person shall:
registered
] massage
therapist (not a temporary
license
[
registration
]);
registrant
] has been engaged in the practice of massage
therapy for at least one-year and has conducted 250 hours of hands-on experience
(does not include internship hours). Hours accumulated while holding a provisional
license
[
registration
] can be applied to the requirements
of this paragraph; and
registration
] as a massage therapy instructor must complete the 30-hour course on
teaching adult learners.
registered
] massage school shall be evaluated
by the school annually. A report of the evaluation shall be available for
review by the department.
Registered
] massage schools
shall ensure continuity of instruction through the reasonable retention of
qualified instructors.
registration
] of a massage therapy educational program shall furnish the department
with complete and correct financial statements or documents, sufficient to
demonstrate the program is financially stable and capable of fulfilling its
commitments for training.
registration
] include:
Registration
] Renewal).
registration
] of a
massage therapy educational program may not be sold or transferred to another
person or owner.
registration
] if:
registration
] if the department reasonably believes
the change in ownership will not significantly affect the educational program's
continued ability to meet the criteria for approval.
registration
]
outlined in §141.30(a) of this title (relating to Financial Stability),
excluding the sufficient cash requirement for initial expenses. The purchaser
shall furnish any other evidence deemed appropriate by the department to establish
financial stability.
registration
], resulting from a change of ownership, without conducting
an inspection if an inspection of the facility has been conducted within the
previous year and if the new owner verifies that no changes will be made to
existing facilities.
Registration ] Renewal.
registration
] of a massage therapy educational program is valid for a one or two-year
period, as determined by the department, beginning on the date of issuance
of the initial
license
[
registration
]. A
licensee
[
registrant
] must renew the
license
[
registration
] prior to the expiration of the
license
[
registration
].
registration
] shall be the last day of the month in which the
license
[
registration
] was originally issued.
registration
] shall consist of:
registration
] expiration date, the department shall send a notice of
the expiration date and the amount of the renewal fee due. The notice will
be mailed to the address in the department's records. Each massage therapy
educational program must complete and return the
license
[
registration
] renewal form to the department with the required renewal
fee.
registration
] renewal forms for massage
therapy educational programs shall require the address, the names of the owner/operator
of the educational program, a statement of all misdemeanor and felony offenses
for which the
licensee
[
registrant
] or owner or operator
have been convicted, entered a plea of nolo contendere or guilty, or received
deferred adjudication.
registration
] when it has mailed the renewal form
and the required renewal fee to the department prior to the expiration date
of the
license
[
registration
]. The postmark date shall
be considered the date of mailing. Massage therapy educational programs should
allow three to four weeks for the department to receive the
license
[
registration
] renewal fees and documentation, and print the certificate.
registration
]
renewal
license
[
certificate
] to a massage therapy educational
program once all requirements for renewal are met.
(h)
] [
A massage therapy educational
program whose registration has expired for not more than one year may renew
the registration by submitting to the department the renewal form and the
fee.
] A massage therapy educational program that
operates
[
continues to operate
] with an expired
license
[
registration
] may be subject to disciplinary action. Course hours taught during
the time the
license
[
registration
] is expired will
not apply toward the
300-hour
[
300 hour
] course of instruction.
The postmark date shall be considered the date of mailing.
(i)
] A massage therapy educational
program
may not renew a license that has been expired for more than one
year.
[
whose registration has expired for more than one year from
the expiration date may not renew the registration.
]
certificate of registration
] shall be issued for each approved instructional location(s). Instruction
shall not be provided at an additional location until the department has issued
a
license
[
certificate of registration
] for the additional
location.
registration
] of an additional location shall include the appropriate fee and the
following documents:
registration
]. Official transcripts and documentation of
course work obtained at colleges, universities or out of state institutions
must be placed in the student's file along with a copy of the department's
written evaluation.
registration
].
register
] as a massage therapist under this chapter;
registration
]:
or
]
(B)
] until the fifth anniversary
of the date of a conviction of a violation of the Act.
Texas Department of
Health, Massage Therapy Registration Program
], 1100 West 49th Street,
Austin, Texas 78756-3183, (512) 834-6616."
registration
] of a massage therapy educational program
for a violation of this section; however, the department has no authority
to recover a refund on behalf of a student.
Subchapter F. MASSAGE ESTABLISHMENTS