reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.53 - Massage School Equipment and Facility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage school shall provide
				  adequate equipment in good working order. The equipment required for
				  instruction shall be determined by the program objective(s). The equipment
				  shall be comparable to that commonly found in the practice of massage
				  therapy.
(b) The equipment and the
				  classroom and laboratory space shall be of sufficient quality and amount to
				  meet the use requirements of the number of current students in class with
				  appropriate seating facilities or work stations, as demanded by the activity
				  patterns of the program.
(c)
				  Enrollment shall not exceed the design characteristics of the student
				  workstations.
(d) The facilities
				  shall meet any state and local ordinances or requirements governing building
				  and safety for the designated use, including applicable state and local fire
				  codes.
(e) If adequate facilities
				  and equipment are available, the following maximum ratios are recommended for
				  the supervised course of instruction, and may be varied at the discretion of
				  the massage school to conform to specific conditions:
(1) laboratory--12 tables to 1 instructor and
				  3 students to 1 table; and
(2)
				  classroom--36 students to 1 instructor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.54 - Massage School Health and Safety Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage school shall be maintained
				  in accordance with applicable state and local health and safety codes and
				  regulations.
(b) A massage school
				  and all fixed equipment shall be:
(1)
				  thoroughly cleaned on a routine basis;
(2) rendered free from harmful organisms by
				  the application of an accepted bactericidal agent;
(3) in good working condition at all times;
				  and
(4) adequately
				  ventilated.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.55 - Massage School Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Massage
				  schools shall be inspected in accordance with Texas Occupations Code, Chapter
				  51, and the inspection rules under 16 Texas Administrative Code, Chapter 60,
				  Subchapter H.
(b) A school must
				  maintain and make available for department or student inspection the following
				  documents for a period of the student's enrollment through thirty-six (36)
				  months after the student completes the curriculum, withdraws, or is terminated:
(1) daily record of attendance;
(2) the following documents if a time clock
				  is used:
(A) time clock record(s);
				  and
(B) time clock failure and
				  repair record(s);
(3) for
				  a student completing instruction through distance learning, all documentation
				  required under §117.59(m); and
(4) all other relevant documents that account
				  for a student's hours under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.57 - Massage School License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The license of a massage school is valid for a two-year period beginning on the
				  date of issuance of the initial license.
(b) To renew a massage school license, the
				  licensee must submit:
(1) the renewal fee
				  prescribed under §117.100;
(2)
				  the completed renewal application on a department-approved form;
(3) successfully pass a criminal history
				  background check performed by the department in accordance with the Act, the
				  department's criminal conviction guidelines, and pursuant to Texas Occupations
				  Code, Chapters 51 and 53; and
(4)
				  any other information deemed necessary by the department to determine
				  compliance with the Act and this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.58 - Massage School Administrative Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage school that operates a
				  massage therapy educational program shall notify the department of the
				  designated contact person. The designated contact person is responsible for the
				  educational program, the organization of classes and other instruction
				  including distance learning, the maintenance of the physical location and the
				  instructional site(s), the maintenance of proper administrative records and all
				  other procedures related to the administration of the educational
				  program.
(b) The owner or
				  designated contact person must be available during scheduled inspections by the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.61 - Massage School Admission Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage school shall develop and
				  maintain admission requirements.
(b) Evidence shall be maintained in each
				  student's file to show that the admission requirements have been met.
(c) Each massage school 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. The record
				  shall include, if applicable, proof of current CPR and/or First Aid
				  certification from the American Heart Association, American Red Cross, or
				  National Safety Council, or another provider with curriculum that is in
				  compliance with nationally accepted guidelines established by above referenced
				  organizations.
(d) Official
				  transcripts and documentation of course work obtained at colleges,
				  universities, or out of state institutions must be submitted for evaluation on
				  a department-approved form. The department will provide the student with the
				  allowed approved credit which the student must provide to the massage school.
				  The massage school must place in the student's file a copy of the department's
				  evaluation.
(e) A massage school
				  may not require a student to take subjects the student has already successfully
				  completed and which meet the requirements for licensure.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.62 - Massage School Enrollment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Before enrollment, each massage school
				  shall provide each prospective student with the following:
(1) a program outline;
(2) the admission requirements;
(3) a schedule of tuition, fees, and other
				  charges;
(4) a cancellation and
				  refund policy;
(5) the length of
				  time for completion of program, including internship hours;
(6) a class schedule including estimated
				  break and meal times;
(7) the
				  attendance and progress policies, including requirements and fees for make-up
				  hours;
(8) grievance
				  policies;
(9) the student-teacher
				  ratio;
(10) the conduct
				  policy;
(11) explanations of the
				  difference between a loan and a grant, if the school participates in a loan or
				  grant program;
(12) a copy of the
				  enrollment agreement;
(13) a notice
				  that clearly states the number of course hours which must be successfully
				  completed before a student can be licensed as a massage therapist under this
				  chapter;
(14) a list of
				  instructors, their qualifications, and the subject area taught by each
				  instructor;
(15) information
				  indicating how a prospective student may obtain copies of the Massage Therapy
				  Act, Texas Occupations Code, Chapter 455 and this chapter; and
(16) a statement that the Act sets out that a
				  person is ineligible for licensure if the person has been convicted of, entered
				  a plea of nolo contendere or guilty to, or received deferred adjudication to
				  crimes or offenses under Chapter 20A, Penal Code, or Subchapter A, Chapter 43,
				  Penal Code, or another sexual offense.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.63 - Massage School Tuition and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A massage school shall develop and implement a written policy relating to
				  method(s) of payment available to enrolling students. If student financing is
				  available through any form of arrangement or agreement between the school and a
				  lending institution, the complete terms of the arrangement or agreement must be
				  disclosed in the policy. In addition, if any form of financing is available at
				  or through the school, all charges, the true annual percentage rate and the
				  name(s) and address(es) of the lending institution(s) shall be disclosed in the
				  policy.
(b) A student shall not be
				  held liable for any tuition, fees, or other charges not disclosed in the policy
				  at the time of enrollment.
(c)
				  Scholarships may be offered, provided the terms of the scholarships are
				  published and disclosed in the policy.
(d) Any funds received from, or on behalf of,
				  a student shall be recorded in a format that is current and readily accessible
				  to department representatives. Receipts shall be issued to the student. The
				  funding source and the reason for the charges shall be clearly identified on
				  both the school's record and the receipt.
(e) A massage school may not allow a student
				  to engage in the unlicensed practice of massage in order to pay for tuition,
				  fees, or other charges associated with the student's massage therapy
				  education.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.64 - Massage School Transcripts and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Massage schools shall make available for
				  inspection by the department all records relating to the massage school and
				  necessary data required for approval and to show compliance with the Act and
				  this subchapter. A copy of the accreditation authorization and the letter of
				  eligibility from the U.S. Department of Education shall be available for
				  review, if applicable.
(b) A
				  massage school may use a time clock to track student hours and maintain a daily
				  record of attendance.
(c) A massage
				  school using a time clock shall post a sign at the time clock that state the
				  following department requirements:
(1) Each
				  student must personally clock in or out on their own;
(2) No credit shall be given for any times
				  written in, except in a documented case of time clock failure or any other
				  situation which is documented by a licensed instructor;
(3) If a student is in or out of the massage
				  school for lunch, the student must clock out;
(4) Students leaving the massage school for
				  any reason, including smoking breaks, must clock out, except when an
				  instructional area, on a campus, is located outside the main school building
				  and students are under the supervision of a licensed instructor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.65 - Massage School Conduct and Grievance Policy

Current through Reg. 49, No. 28; July 12, 2024
A massage school shall develop and implement a written
					 policy pertaining to the conduct of students, including a grievance policy. The
					 policy shall:
(1) include conditions
				  for dismissal;
(2) include
				  conditions for re-entrance of those students dismissed for violating the
				  conduct policy;
(3) attempt to
				  resolve disputes between students, including drops and graduates, and the
				  school or instructor;
(4) require
				  that adequate records be maintained of grievances and resolutions;
(5) require that every effort to resolve
				  grievances and complaints is made; and
(6) prohibit a massage school from
				  disciplining or retaliating against a student for filing a complaint with the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.66 - Massage School Cancellation, Refund, and School Closure Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage school shall develop and
				  implement a cancellation and refund policy which must provide a full refund of
				  all monies paid by a student if:
(1) the
				  student cancels the enrollment agreement within 72 hours (until midnight of the
				  third day excluding Saturdays, Sundays, and legal holidays) after the
				  enrollment contract is signed by the prospective student;
(2) the enrollment of the student was
				  procured as the result of any misrepresentation in advertising, in promotional
				  materials of the massage school or by the owner, or massage therapy instructor;
				  or
(3) the student was not provided
				  ample opportunity to read the information provided in §117.62.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.67 - Massage School Student Progress Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Appropriate standards must be implemented
				  to ascertain the progress of the students enrolled. Each massage school shall
				  have a progress evaluation system of a type and nature to reflect whether the
				  student is making satisfactory progress to the point of being able to complete
				  all subjects within the allotted time provided in the pre-enrollment
				  information.
(b) Massage schools
				  must submit to the department an electronic record of each student's
				  successfully completed clock hours at least one time per month in a manner and
				  format prescribed by the department. The department may require massage schools
				  to identify the location where hours were completed or if hours were completed
				  through distance learning. A massage school's initial submission of clock hours
				  shall include all hours successfully completed at the school. Upon department
				  approval, a massage school may submit data required under this subsection in an
				  alternate manner and format as determined by the department, if the massage
				  school demonstrates that the requirements of this subsection would cause a
				  substantial hardship to the school.
(c) Except for a documented leave of absence,
				  a massage school shall electronically submit a student's withdrawal or
				  termination to the department within ten (10) calendar days after the
				  withdrawal or termination. Except for a documented leave of absence, a school
				  shall terminate a student who does not attend a massage school for thirty (30)
				  school days.
(d) Upon a student's
				  completion of the massage therapy educational program, the school shall notify
				  the department that the student has successfully completed the required number
				  of hours and is eligible to take the appropriate examination.
(e) Upon notification from the massage
				  school, the department shall make the student eligible to take the appropriate
				  examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.68 - Massage School Attendance Policy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each massage school shall develop and implement a written policy relating to
				  attendance for students enrolled in a massage school or any portion of the
				  course of instruction.
(b) The
				  policy shall include requirements and fees for make-up work.
(c) An absence shall be charged for a full
				  day when a student attends none of the scheduled instruction on that day. A
				  partial day of absence shall be charged for any period of absence during the
				  day.
(d) School holidays shall not
				  be considered as days of absence.
(e) The attendance policy shall require the
				  termination of students who accumulate absences of more than ten (10)
				  consecutive school days.
(f)
				  Refunds shall be made in accordance with massage school's refund policy. The
				  effective date of termination for purposes of refunds shall be the last date of
				  absence under subsection (e).
(g) A
				  massage school may not start students after 10% of the program has been taught
				  except in those cases where appropriate credit for previous education has been
				  given by the department.
(h)
				  Make-up work shall not be authorized for the purpose of removing an absence
				  under subsection (e).
(i) A leave
				  of absence for reasonable purposes acceptable to the massage school shall not
				  exceed the lesser of thirty (30) school days or sixty (60) calendar days.
(1) A student shall be granted only one leave
				  of absence for each 12-month period.
(2) Attendance records shall clearly show the
				  dates for which the leave of absence was granted. A written statement as to why
				  the leave of absence was granted, signed by both the student and the director
				  of the massage school indicating approval, shall be placed in the student's
				  file.
(3) If the student fails to
				  return from leave, the student will be automatically terminated and a refund
				  made in accordance with the massage school's refund policy. The effective date
				  of termination shall be the last day of the leave of absence.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.80 - Massage Establishment Application Procedures and Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise exempt under the Act, a
				  place of business that advertises or offers massage therapy or other massage
				  services must be licensed by the department as a massage establishment as
				  provided by this section.
(b) A
				  sexually oriented business may not obtain a license from the department or
				  operate as a massage establishment.
(c) Each applicant for a massage
				  establishment must:
(1) submit a completed
				  application on a department approved form;
(2) pay the fee as prescribed under
				  §117.100; and
(3) successfully
				  pass a criminal history background check performed by the department in
				  accordance with the Act, the department's criminal conviction guidelines, and
				  pursuant to Texas Occupations Code, Chapters 51 and 53.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.81 - Massage Establishment Renewal Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A massage establishment license is valid
				  for a two-year period beginning on the date of issuance of the initial license
				  and must be renewed before the expiration date.
(b) To renew a massage establishment license,
				  a licensee must submit:
(1) the renewal fee
				  prescribed under §117.100;
(2)
				  the completed renewal application on a department-approved form; and
(3) any other information deemed necessary by
				  the department to determine compliance with the Act and this
				  subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.82 - Massage Establishments-General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A massage establishment shall employ or
				  contract with only licensed massage therapists to perform massage therapy or
				  other massage services. Documentation of the employment or contract
				  relationship and verification that the licensed massage therapist is a United
				  States citizen or a legal permanent resident with a valid work permit shall be
				  maintained by the massage establishment and made available during an inspection
				  or investigation. Required documentation for each person providing massage
				  therapy or other massage services shall include:
(1) a copy of the current massage therapist
				  license;
(2) proof of eligibility
				  to work in the United States; and
(3) if an employee, a completed I-9 form, or
				  if under an independent contractor or contract labor agreement, a copy of the
				  contract signed by both the owner or operator and the licensed massage
				  therapist.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.83 - Sanitation Requirements for Massage Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a) Each massage establishment shall be
				  maintained in accordance with applicable state and local sanitary or health
				  codes and regulations.
(b) A
				  massage establishment and all fixed equipment shall:
(1) be thoroughly cleaned on a routine
				  basis;
(2) be rendered free from
				  harmful organisms by the application of an accepted bactericidal agent;
				  and
(3) be in good working
				  condition at all times.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.84 - Massage Establishment Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A place of business is not required to hold a massage establishment license
				  under the Act if:
(1) the place of business
				  is owned by the federal government, the state, or a political subdivision of
				  the state;
(2) at the place of
				  business, a licensed massage therapist practices as a solo practitioner and:
(A) does not use a business name or assumed
				  name; or
(B) uses a business name
				  or an assumed name and provides the massage therapist's full legal name or
				  license number in each advertisement and each time the business name or assumed
				  name appears in writing;
(3) at the place of business, an
				  acupuncturist, athletic trainer, chiropractor, cosmetologist, midwife, nurse,
				  occupational therapist, perfusionist, physical therapist, physician, physician
				  assistant, podiatrist, respiratory care practitioner, or surgical assistant
				  licensed or certified in this state employs or contracts with a licensed
				  massage therapist to provide massage therapy as part of the person's practice;
				  or
(4) at the place of business, a
				  person offers to perform or performs massage therapy:
(A) for not more than 72 hours in any
				  six-month period; and
(B) as part
				  of a public or charity event, the primary purpose of which is not to provide
				  massage therapy.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter G - LICENSED MASSAGE ESTABLISHMENTS › Section 117.85 - Massage Establishment Change of Ownership or Change of Location

Current through Reg. 49, No. 28; July 12, 2024
(a) No massage establishment license shall be
				  transferred, bartered, or sold to another person or owner. The new owner of a
				  massage establishment must apply for a license as a new applicant. A massage
				  establishment may not operate under a new owner until a massage establishment
				  license is issued by the department to the new owner. A license issued under
				  this chapter is not transferable.
(b) The department may consider the addition
				  or deletion of any person defined as an owner as a change in ownership. The
				  massage establishment must notify the department of the change in ownership
				  within thirty (30) days before the change in ownership to request that the
				  department, in lieu of a full application, accept a partial
				  application.
(c) The department may
				  require submission of a full application for approval for a change in ownership
				  if:
(1) the department has a reasonable basis
				  to believe the change in ownership of the establishment may significantly
				  affect the establishment's continued ability to meet the criteria for approval;
				  or
(2) the establishment fails to
				  file notice of the change of ownership within thirty (30) days of the ownership
				  transfer.
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 117.91 - Consultation Document and Written Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall provide an initial
				  consultation to each client before the first massage therapy session and obtain
				  the signature of the client on the consultation document. The consultation
				  document shall include:
(1) the type of
				  massage therapy services or techniques the licensee anticipates using during
				  the massage therapy session;
(2)
				  the parts of the client's body that will be massaged or the areas of the
				  client's body that will be avoided during the session, including indications
				  and contraindications;
(3) a
				  statement that the licensee shall drape the breasts of all female clients and
				  not engage in breast massage of female clients unless the client gives written
				  consent before each session involving breast massage;
(4) a statement that draping of the genital
				  area and gluteal cleavage will be used at all times during the session for all
				  clients;
(5) a statement that if
				  uncomfortable for any reason, the client may ask the licensee to cease the
				  massage and the licensee will end the massage session;
(6) a statement that the licensee may end the
				  massage session if the licensee feels uncomfortable for any reason;
(7) a statement that the licensee must
				  immediately end the massage session if a client initiates any verbal or
				  physical contact that is sexual in nature; and
(8) the signature of both the client and the
				  licensee.
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 117.92 - Sexual Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall
				  not engage in sexual contact during a session with a client. For the purposes
				  of this section, sexual contact includes:
(1)
				  any touching of any part of the genitalia or anus;
(2) any touching of the breasts of a female
				  client, unless the touching is breast massage that is specifically authorized
				  by the client as required in §117.91;
(3) any offer or agreement to engage in any
				  activity described in paragraph (1) or (2);
(4) kissing;
(5) deviate sexual intercourse, sexual
				  contact, sexual intercourse, indecent exposure, sexual assault, prostitution,
				  solicitation of prostitution, and promotion of prostitution as described in the
				  Texas Penal Code, Chapters 21, 22, and 43, or any offer or agreement to engage
				  in any such activities;
(6) any
				  behavior, gestures, or expressions which may reasonably be interpreted as
				  inappropriately seductive or sexual; or
(7) inappropriate sexual comments about or to
				  a client, including making sexual comments about a person's body.
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 117.93 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) A person, including a massage therapy
				  instructor, a massage school, a massage therapist, or massage establishment,
				  who is not licensed 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 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.
(b) A
				  licensee 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:
(1) makes a material
				  misrepresentation of fact or omits a fact necessary to make the statement as a
				  whole not materially misleading;
(2) makes a representation likely to create
				  an unjustified expectation about the results of a health care service or
				  procedure;
(3) compares a health
				  care professional's services with another health care professional's services
				  unless the comparison can be factually substantiated;
(4) causes confusion or misunderstanding as
				  to the credentials, education, or licensure of a health care
				  professional;
(5) advertises or
				  represents that health care insurance deductibles or copayments may be waived
				  or are not applicable to health care services to be provided if the deductibles
				  or copayments are required;
(6)
				  advertises or represents that the benefits of a health benefit plan will be
				  accepted as full payment when deductibles or copayments are required;
(7) makes a representation that is designed
				  to take advantage of the fears or emotions of a particularly susceptible type
				  of client; or
(8) advertises or
				  represents in the use of a professional name, title or professional
				  identification that is expressly or commonly reserved to or used by another
				  profession or professional.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter I - FEES › Section 117.100 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department are
				  non-refundable.
(b) Fees related to
				  massage therapists are as follows:
(1) student
				  permit fee--$25;
(2) initial
				  application fee--$100;
(3) renewal
				  application fee (for two-year license)--$75.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter J - ENFORCEMENT PROVISIONS › Section 117.110 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person may file a complaint with the
				  department alleging that a massage therapist, massage school, massage therapy
				  instructor, massage establishment, continuing education provider, or another
				  person or business has violated the Act or this chapter.
(b) A person wishing to file a complaint
				  against a massage therapist, massage school, massage therapy instructor,
				  massage establishment, continuing education provider, or another person or
				  business shall notify the department at Texas Department of Licensing and
				  Regulation, Massage Therapy Program, P.O. Box 12157, Austin, Texas 78711, (512)
				  539-5600, or www.tdlr.texas.gov.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter J - ENFORCEMENT PROVISIONS › Section 117.111 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a person or entity violates any provision of Texas Occupations Code,
				  Chapters 51 or 455, this chapter, or any rule or order of the executive
				  director or commission, proceedings may be instituted to impose administrative
				  penalties, administrative sanctions, or both in accordance with the provisions
				  of Texas Occupations Code, Chapters 51 and 455 and any associated
				  rules.
(b) The commission or
				  executive director may refuse to issue a license to a person, suspend or revoke
				  the license of a person, or place a person licensed under the Act on probation
				  if the person:
(1) obtains a license by
				  fraud, misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or
				  barter a license;
(3) violates a
				  rule adopted by the commission;
(4)
				  engages in unprofessional conduct that endangers or is likely to endanger the
				  health, welfare, or safety of the public;
(5) violates an order or ordinance adopted by
				  a political subdivision under Local Government Code, Chapter 243; or
(6) violates this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter J - ENFORCEMENT PROVISIONS › Section 117.112 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
					 Code, Chapters 51 and 455 and any associated rules may be used to enforce Texas
					 Occupations Code, Chapter 455 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the Texas
				  Occupations Code, Chapter 51 and Texas Health and Safety Code, Chapter
				  401.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.2 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter establishes requirements
				for:
(1) radiation safety in the use of
				lasers or pulsed light devices for hair removal procedures;
(2) laser hair removal (LHR) facility
				operations, training and qualifications for persons performing LHR procedures,
				customer notification, consulting physicians, enforcement, penalties, and
				responsibilities of the registrant, laser safety officer (LSO), certified
				individuals, and consulting physicians;
(3) the registration of LHR facilities and
				the certification of individuals who perform or attempt to perform LHR
				procedures.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Texas Radiation
				Control Act, Health and Safety Code, Chapter 401.
(2) Adverse event--Any death or serious
				injury, as that term is defined in Title 21, CFR, §803.3, to a client or
				employee of a LHR facility that is a result of use, misuse, or failure of LHR
				devices or LHR safety equipment.
(3) Advertising--All representations
				disseminated in any manner or by any means for the purpose of inducing, or that
				are likely to induce, directly or indirectly, the purchase of laser hair
				removal services.
(4) Applicant--A
				person seeking a certificate of LHR registration or individual LHR certificate,
				issued in accordance with the provisions of the Act and the requirements in
				this chapter.
(5) Certificate of
				LHR registration--A form of permission given by the department to a LHR
				facility applicant who has met the requirements for LHR registration
				certification. For purposes of this chapter, "certificate of LHR registration"
				is an equivalent term for "facility license" as specified in Health and Safety
				Code, §
									RSA
				401.510.
(6) Certified individual--Any individual
				issued an individual LHR certificate by the department.
(7) Commission--The Texas Commission on
				Licensing and Regulation.
(8)
				Consulting physician--A physician who has a contract with a LHR
				facility.
(9) Contract--A written
				legal document between a consulting physician and the operator of a LHR
				facility.
(10) Customer--For
				purposes of this chapter, "client' is an equivalent term for
				"customer".
(11) Department--The
				Texas Department of Licensing and Regulation.
(12) Direct supervision--Direct observation
				by a senior LHR technician or a LHR professional of LHR procedures performed by
				a LHR apprentice-in-training. Direct supervision shall include the following:
(A) the physical presence of senior LHR
				technician or LHR professional at the LHR facility;
(B) the availability of the senior LHR
				technician or LHR professional to give immediate assistance if required;
				and
(C) the direct observation by
				the senior LHR technician or LHR professional of LHR procedures performed by a
				LHR apprentice-in-training.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.20 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may prohibit the use of
				LHR devices that pose a significant threat or endanger occupational or public
				health and safety, in accordance with §118.2.
(b) A person shall not operate a LHR facility
				unless the person holds a certificate of LHR registration issued by the
				department in accordance with this chapter.
(c) An individual shall not use LHR devices
				to perform or attempt to perform LHR procedures unless the person holds the
				individual LHR certificate issued by the department in accordance with this
				chapter.
(d) An individual shall
				not operate a laser hair removal device with the intent to treat an illness,
				disease, injury, or physical defect or deformity unless the individual is:
(1) a physician;
(2) acting under a physician's order;
				or
(3) authorized under other law
				to treat the illness, disease, injury, or physical defect or deformity in that
				manner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.30 - Laser Hair Removal Facility Certificate - Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A separate
				LHR application shall be submitted for each LHR facility.
(b) A separate certificate of LHR
				registration is required for each LHR facility.
(c) A certificate of LHR registration for a
				LHR facility is not required for the following:
(1) a facility owned or operated by a
				physician for the practice of medicine;
(2) a licensed hospital; or
(3) a clinic owned or operated by a licensed
				hospital.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.31 - Laser Hair Removal Facility - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The LHR facility registrant must notify
				the department in writing of any changes that would render the information
				contained in the application for LHR registration or the certificate of LHR
				registration inaccurate.
(b)
				Notification is required within thirty (30) days of the following:
(1) change in business name of the LHR
				facility;
(2) change in physical
				location of the LHR facility;
(3)
				change in street address where LHR devices will be used;
(4) change in LSO;
(5) loss or change of the LHR facility's LHR
				professional; or
(6) loss or change
				of the LHR facility's consulting physician.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.32 - Laser Safety Officer - Designation and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) LSO qualifications shall be submitted to
				the department with the completed LHR facility application and shall include at
				least the following:
(1) educational courses
				related to laser radiation safety or a LSO course; or
(2) familiarity with and experience in the
				use of LHR devices; and
(3)
				knowledge of potential laser radiation hazards and laser emergency
				situations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.33 - Laser Hair Removal Individual Certificate - Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				applicants for an individual LHR certificate shall:
(1) complete an application on department
				approved forms;
(2) submit the
				applicable fee(s) specified under §118.80;
(3) successfully pass a criminal history
				background check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.34 - Laser Hair Removal Professionals and Senior Laser Hair Removal Technicians - Auditing and Supervision Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A physician or other licensed health
				professional shall not perform the auditing activities of a LHR professional in
				accordance with §118.33(c), unless that individual meets the requirements
				for a LHR professional specified in §118.33(b).
(b) A physician or other licensed health
				professional shall not perform the direct supervision activities of a LHR
				professional or senior LHR technician in accordance with §118.33(d),
				unless that individual meets the requirements of §118.33(b) and
				§118.33(c).
(c) A LHR
				professional shall audit and ensure that there was direct supervision of the
				100 LHR procedures performed by a LHR technician while obtaining the
				requirements of §118.33(c)
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.35 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each individual who holds an individual LHR certificate issued by the
				department shall obtain eight (8) hours of continuing education hours per
				certificate term to include, but not limited to, the following:
(1) refresher training in the topics
				specified in §118.26;
(2) LHR
				technology updates;
(3) applicable
				regulatory changes; and
(4) other
				health and safety related topics.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.40 - License Terms; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				facility certificate of LHR registration or individual LHR certificate issued
				by the department is valid for 2 years.
(b) Each applicant for renewal of a facility
				certificate of LHR registration or individual LHR certificate shall:
(1) complete an application on department
				approved forms; and
(2) submit the
				renewal fee(s) specified under §118.80;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.50 - Requirements for Certifying Entities and Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) A certifying entity shall meet the
				following requirements:
(1) be a
				non-governmental organization such as a society, association, business, or
				school that has an interest in or whose members participate in, or have an
				interest in, the field of laser hair removal;
(2) if a society or association, make its
				membership available to the general public nationwide that is not restricted
				because of race, color, religion, age, national origin or disability;
(3) if a society or association, have a
				certification program open to nonmembers, as well as members;
(4) be an incorporated, nationally recognized
				entity in good standing, that is involved in setting national standards of
				practice within its fields of expertise;
(5) have an adequate staff, a viable system
				for financing its operations, and a policy- and decision-making review
				board;
(6) have a set of written
				organizational by-laws and policies that provide adequate assurance of lack of
				conflict of interest and a system for monitoring and enforcing those by-laws
				and policies;
(7) have a committee,
				whose members can carry out their responsibilities impartially, to review and
				approve their certification guidelines and procedures, and to advise the
				organization's staff in implementing the certification program;
(8) have a committee, whose members can carry
				out their responsibilities impartially, to review complaints against certified
				individuals and to determine appropriate sanctions;
(9) have written procedures describing all
				aspects of its certification program, maintain records of the current status of
				an individual's certification and the administration of its certification
				program;
(10) have procedures to
				ensure that certified individuals are provided due process with respect to the
				administration of a certification program, including the process of becoming
				certified and any sanctions imposed against certified individuals;
(11) have procedures for proctoring
				examinations, including qualifications for proctors. These procedures shall
				ensure that the individuals proctoring each examination are not employed by the
				same company or corporation (or a wholly-owned subsidiary of such company or
				corporation) as any of the examinees;
(12) exchange information about certified
				individuals with the agency and other certifying entities and allow periodic
				review of its certification program and related records by the agency;
				and
(13) provide a description to
				the agency of its procedures for choosing examination sites and for providing
				an appropriate examination environment.