The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Act--Texas Occupations Code, Chapter 455, relating
to the regulation of massage therapists, massage therapy instructors,
massage schools, and massage establishments.
(2) Anatomy--The study of the structure of the human
body including the following areas: bones, joints and muscles, the
skin, blood and blood vessels, cells, tissues and membranes, the heart,
the brain, spinal cord and nerves, the lymphatic system, the digestive
system, the respiratory system, the urinary system, the reproductive
system, glands and hormones.
(3) Applicant--A person who submits an application
to the department. The term includes: owner, owner's agent, operator,
principal, officer, or general manager of the applicant.
(4) Business practices and professional ethics--The
study of standard bookkeeping and accounting practices, office practices,
and advertising, and ethical guidelines for massage therapists established
by law or the department.
(5) Client--An individual or patron seeking or receiving
massage therapy services.
(6) Commission--The Texas Commission on Licensing and
(7) Compensation--Any and all forms of payment as remuneration
for the provision of massage therapy or other massage therapy services,
including but not limited to, fees, tips, memberships, goods, services,
barter, or any other exchange or any value made to or on behalf of
a licensee, an unlicensed person, or an unlicensed business. Compensation
includes discounted, reduced, or waived student fees for tuition,
books, supplies, or other educational expenses.
(8) Department--The Texas Department of Licensing and
(9) Distance learning--A formal instructional process
in which the student and instructor are separated by physical distance
and communication technology is used to deliver instruction to the
student. The process may also be known as "distance education."
(10) Executive Director --The executive director of
(11) 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.
(12) Hydrotherapy--The use of generally accepted methods
of external application of water for its mechanical, thermal, or chemical
(13) Instructor--A person employed at a licensed massage
school who instructs one or more students in any section of the course
of instruction, other than massage therapy techniques, manipulation
of soft tissue, or the internship.
(14) Kinesiology--The study of the anatomy, physiology,
and mechanics of movement of the human body.
(15) Licensee--A person or entity licensed under the
Act as a massage therapist, massage school, massage therapy instructor,
or massage establishment.
(16) Linens--Includes, but is not limited to, sheets,
towels, and robes or cloth materials used on or comes into contact
with a client's body during a massage.
(17) Massage school--An entity that:
(A) teaches at a minimum the course of instruction
required for a massage therapist license; and
(B) has at least two instructors.
(18) Massage therapist--A person who practices or administers
massage therapy or other massage services to a client for compensation.
The term includes a licensed massage therapist, therapeutic massage
practitioner, massage technician, masseur, masseuse, myotherapist,
body massager, body rubber, or any derivation of those titles.
(19) 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.
(20) Massage therapy educational program--The minimum
500 hour supervised course of instruction described in the Act, §455.156,
required for licensure and provided by a licensed massage school.
(21) Massage therapy establishment--A place of business
that advertises or offers massage therapy or other massage services
unless specifically exempted by the Act. The term includes a place
of business that advertises or offers any service described by a derivation
of the terms "massage therapy" or "other massage services" as defined
by the Act.
(22) Massage therapy instructor--A licensed massage
therapist who provides to one or more students instruction approved
by the department in massage therapy or manipulation of soft tissue
and who holds a license issued by the department as a massage therapy
(23) Owner--An owner is, in the case of a massage school
or establishment, an individual, a partnership and any partners, a
corporation, or any other legal business entity.
(24) Pathology--The scientific study of the nature
of disease and its causes, processes, development, and consequences.
(25) 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.
(26) 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.
(27) Student permit--A permit issued by the department
to a student enrolled in a licensed massage school which allows the
student to practice massage therapy as prescribed by the massage therapy
(28) Swedish gymnastics--Passive and active joint movements,
nonspecific stretches, passive and active exercise, or any combination
(29) Swedish massage therapy techniques--The manipulation
of soft tissue utilizing effleurage (stroking), petrissage (kneading),
tapotement (percussion), compression, vibration, friction, nerve stroke,
and Swedish gymnastics.