(a) Unless exempt, an individual or entity who provides
at a minimum the course of instruction required for licensure to one
or more students constitutes a massage therapy educational program
and must obtain a massage school license.
(b) To be eligible for a massage school license, an
applicant must:
(1) submit a completed application on a department-approved
form;
(2) submit proof of ownership of the building or a
lease agreement for the first twelve (12) months of operation;
(3) provide a current financial statement reviewed
by a public accountant and finalized no more than 180 days prior to
the application date;
(4) pay the required fee under §117.100;
(5) 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;
(6) maintain adequate space and equipment to provide
training to enrolled students;
(7) comply with all health and safety standards established
by the Act and this chapter; and
(8) submit the name and contact information for the
school's designated contact person, if applicable.
(c) A massage school must be inspected and approved
by the department prior to operation.
(d) The massage school license must be displayed in
an appropriate and public manner at the location of the educational
program.
(e) A massage school must properly account for the
hours granted to each student, in a manner prescribed by the department.
(f) A school shall not engage in any act, directly
or indirectly, that grants or approves student hours that were not
accrued in accordance with this chapter.
(g) A criminal history check performed under this subsection
requires an applicant for a license to submit a complete and legible
set of fingerprints, on a form prescribed by the department, to the
department or to the Department of Public Safety for the purpose of
obtaining criminal history record information from the Department
of Public Safety and the Federal Bureau of Investigation.
(h) The department may not issue a license to a person
who does not comply with the requirements of this section.
(i) The department shall conduct a criminal history
record information check of each applicant for a license using information:
(1) provided by the individual under this section;
and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(j) For purposes of this section, if the applicant
for a license is an entity, the applicant must submit fingerprints
as required by this section for each individual who:
(1) personally or constructively holds, including as
the beneficiary of a trust:
(A) at least 10 percent of the entity's outstanding
stock; or
(B) more than $25,000 of the fair market value of the
entity;
(2) has the controlling interest in the entity;
(3) has a direct or indirect participating interest
through shares, stock, or otherwise, regardless of whether voting
rights are included, of more than 10 percent of the profits, proceeds,
or capital gains of the entity;
(4) is a member of the board of directors or other
governing body of the entity; or
(5) serves as:
(A) an elected officer of the entity; or
(B) a general manager of the entity.
(k) A massage school must obtain department approval
in writing before offering instruction through distance learning.
A school must notify the department in writing when changing the technology
or method of providing distance learning or offering additional instruction
through distance learning.
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Source Note: The provisions of this §117.50 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029 |