| (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.
(b) Each prospective student shall be given a reasonable
time to review the material in subsection (a) and offered the opportunity
to tour the instructional facility and inspect equipment before signing
an enrollment agreement.
(c) Each massage school shall use a department-approved
acknowledgment form to verify the prospective student's receipt of
the information required in subsection (a). A signed copy of the form
shall be given to the prospective student and the original shall be
maintained in the student's file. The form shall include the following
or similar statements:
(1) "I have furnished information disclosing my previous
education, training, and work experiences. I understand this will
be evaluated and may result in the program length being shortened
and the cost reduced.";
(2) "I further realize that complaints may be made
to the Texas Department of Licensing and Regulation, Massage Therapy
Program, P.O. Box 12157, Austin, Texas 78711, (512) 539-5600, or www.tdlr.texas.gov.";
(3) "I have been offered the opportunity to read the
Massage Therapy Act and the rules of the department included in 16
Texas Administrative Code Chapter 117."; and
(4) "I have been made aware that the State of Texas
requires only the minimum 500-hour course of instruction for licensure
as a massage therapist, and anything beyond that is strictly voluntary."
(d) Each massage school shall develop an enrollment
agreement which shall be used to enroll each student. The agreement
shall include but is not limited to:
(1) the full and correct name and location of the massage
school and the massage school director(s) and owner(s);
(2) the program title, tuition, fees, reasonable estimated
cost of books and supplies, any other expenses, total cost of the
program, items subject to cost change, method of payment and payment
schedule, disclosure statement (if interest is charged on more than
three payments), student's right to cancel;
(3) the number of instructional hours included in the
program, including internship hours, hours completed in a classroom,
and hours completed through distance learning;
(4) the date the program is to begin, the course length
and course schedule;
(5) the name and address of the student; and
(6) a statement that the student has received a copy
of the information in subsection (a) of this section.
(e) Each student shall be given a copy of his or her
executed enrollment agreement and a copy shall be kept in the student's
file maintained by the school along with a copy of the acknowledgment
form required by subsection (c).
(f) Each massage school must maintain an album or database
that contains each student permit, including a picture of each enrolled
student.
(g) Each student enrolled in a massage school must
have a student permit. No student may accrue hours without a student
permit subject to department approval. No student permit is valid
unless the student's photo is included.
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| Source Note: The provisions of this §117.62 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 |
