Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter H - RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS › Section 117.90 - General Ethical Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensee shall not make deceptive, untrue, or fraudulent representations in the
				  practice of massage therapy or employ a trick or scheme in the practice of
				  massage therapy, including, but not limited to, warranty of results of such
				  services and false claims of proficiency in any field.
(b) A licensee shall not use a work area,
				  equipment or clothing that is unclean or unsanitary.
(c) A licensee 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.
(d) A licensee shall bill
				  clients or third parties only for those services actually rendered or as agreed
				  to by mutual understanding at the beginning of services or as later modified by
				  mutual agreement.
(e) A licensee
				  must either honor an unexpired gift certificate issued by that licensee or
				  provide a full refund.
(f) For each
				  client, a licensee 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.
(g) A licensee must obtain the written
				  consent of a parent or guardian to provide massage therapy services to a person
				  under the age of 17.
(h) On the
				  written request of a client, a client's guardian, or a client's parent if the
				  client is under the age of 17, a licensee 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.
(i) A
				  licensee shall not abuse alcohol or drugs in any manner which detrimentally
				  affects the provision of massage therapy or massage therapy
				  instruction.
(j) A licensee may not
				  overcharge or over treat a client.
(k) A licensee shall not practice in an
				  unlicensed massage establishment or massage school.
(l) A licensee shall not allow an unlicensed
				  person to engage in activity for which licensure is required.
(m) A licensee shall not provide false
				  information on material submitted to the department.
(n) A licensee 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.
(o) A licensee shall comply with any formal
				  order issued by the department relating to the licensee.
(p) A licensee shall be subject to
				  disciplinary action by the department if the licensee 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, Chapter 56, Subchapter B.
(q) A licensee shall notify each client of
				  the name, mailing address, telephone number, and web address of the department
				  for the purpose of directing complaints to the department by providing
				  notification:
(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 to a client or third party; or
(4) by another written and documented
				  method.