TX Massage Jurisprudence flashcards

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Massage Therapy Act citation

Occupations Code Chapter 455 is the Texas statute that governs massage therapy licensure, practice standards, and enforcement, and it is administered by the Texas Department of Licensing and Regulation.

Agency regulating massage therapy

The Texas Department of Licensing and Regulation licenses massage therapists, massage establishments, and massage schools, and it enforces Chapter 455 and the rules in 16 TAC Chapter 117.

Minimum instruction hours

To qualify for a Texas massage therapist license, an applicant must complete at least 500 hours of massage therapy instruction at a licensed massage school.

Basic applicant qualifications

A Texas massage therapist applicant must be at least 18 years old, hold a high school diploma or GED, complete the required instruction hours, and pass the approved examination.

Unlicensed practice prohibition

A person may not perform or offer to perform massage therapy for compensation without a Texas license; doing so exposes the person to administrative action and criminal prosecution.

Massage establishment license

A facility where massage therapy is provided must hold a TDLR massage establishment license, in addition to the individual licenses held by the therapists who work there.

Massage school license

A school that teaches massage therapy must be licensed by TDLR, and its curriculum must meet the required instructional hours and subject content set by rule.

Draping and privacy

Licensees must drape each client to protect privacy, exposing only the body area being treated, and must obtain the client's consent before starting the session.

Linen sanitation standard

Clean linens, towels, and coverings must be used for every client; soiled items must be kept apart from clean supplies and laundered before reuse.

Hand hygiene rule

Licensees must wash their hands before and after each massage and must keep massage tables, equipment, and work surfaces clean and sanitary.

Human trafficking notice posting

Massage establishments must display the state-required human trafficking hotline notice in a conspicuous place where employees and clients can see it.

Advertising requirements

Advertising for massage services must be truthful, may not be misleading or deceptive, and may not suggest sexual services or other unlawful services.

Continuing education hours

A licensee must complete 24 hours of approved continuing education during each two-year renewal cycle, including the ethics hours required by TDLR rule.

Scope boundary statement

Massage therapy is limited to soft-tissue manipulation and related techniques; licensees may not diagnose illness, prescribe drugs, or perform chiropractic or medical procedures.

Renewal cycle length

A Texas massage therapist license is valid for two years and must be renewed before its expiration date; practicing on an expired license is prohibited.

Late renewal

After expiration, a license may be renewed late within the period allowed by TDLR upon payment of a late fee; practice must stop until renewal is granted.

Address change notification

A licensee must notify TDLR of a change of mailing address so that renewal notices, complaint correspondence, and other official documents reach the licensee.

License availability on site

A licensee must keep the license or a copy available at the location where massage therapy is performed and be able to show proof of licensure.

Establishment license renewal

A massage establishment license also expires biennially and must be renewed, with the required fee, before the expiration date to continue operating lawfully.

Licensing examination requirement

After completing the required instruction, an applicant must pass a department-approved licensing examination, such as the Massage and Bodywork Licensing Examination, to be licensed.

Informed consent duty

Before treatment, the licensee must explain the planned massage, obtain the client's consent, and stop or adjust the session if the client withdraws consent.

Genital contact prohibition

Massage therapy does not include contact with the genitalia; sexual contact or sexualized services in a massage setting are prohibited and are grounds for license discipline.

Impairment while practicing

Performing massage therapy while impaired by alcohol, drugs, or other substances is prohibited and exposes the licensee to discipline, including suspension or revocation.

Referral outside scope

When a client's condition is outside the massage scope or needs medical diagnosis, the licensee must refer the client to an appropriate licensed health care provider.

Client confidentiality

Client information learned during massage sessions is confidential and may not be disclosed without the client's authorization, except as required or permitted by law.

Use of titles

Licensees may use only the titles authorized by law and may not represent themselves as physicians, chiropractors, or other health professionals they are not licensed as.

Filing a complaint

Any person may file a complaint with TDLR about a licensee or establishment; TDLR reviews and investigates complaints and notifies the complainant of the case status.

SOAH contested case hearing

Contested disciplinary cases are heard by the State Office of Administrative Hearings, where an administrative law judge issues a proposal for decision for the Commission.

Administrative penalty amount

TDLR may impose an administrative penalty of up to $5,000 for each violation, in addition to or instead of reprimand, probation, suspension, or revocation.

Emergency suspension authority

TDLR may summarily suspend a license without a prior hearing when the licensee's continued practice poses an imminent threat to public health and safety.

Cease and desist order

TDLR may issue a cease and desist order, or the attorney general may seek an injunction, against a person who practices massage therapy without a license.

Agreed order settlement

A disciplinary case may be resolved by an agreed order in which the licensee accepts specified sanctions without a hearing, subject to agency approval.