| (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.
(b) No massage establishment shall be operated until
the department has approved and licensed the establishment.
(c) A massage establishment must maintain separation
from rooms used wholly or in part for residential or sleeping purposes
by a solid wall or by a wall with a solid door which shall remain
locked during business hours.
(d) A massage establishment must display the license
in a prominent location in the establishment where it is available
for inspection by the public.
(e) A license issued by the department is the property
of the department and must be surrendered on demand.
(f) Massage establishments shall be inspected in accordance
with Texas Occupations Code, Chapter 51, and the inspection rules
under 16 Texas Administrative Code, Chapter 60, Subchapter H.
(g) A massage establishment may not:
(1) employ or contract with an individual who is not
a United States citizen or a legal permanent resident with a valid
work permit;
(2) employ a minor unless the minor's parent or legal
guardian authorizes in writing the minor's employment by the establishment;
(3) allow a nude or partially nude employee to provide
massage therapy or other massage services to a customer;
(4) allow any individual, including a client, student,
license holder, or employee, to engage in sexual contact in the massage
establishment;
(5) allow any individual, including a student, license
holder, or employee, to practice massage therapy in the nude or in
clothing designed to arouse or gratify the sexual desire of any individual;
or
(6) allow an unlicensed student to provide massage
therapy or other massage services to the public beyond the department-approved
internship.
(h) A massage establishment shall:
(1) properly maintain and secure for each client the
initial consultation documents, all session notes, written consent
documents, and related billing records; and
(2) maintain a current list of all establishment employees
and/or contractors at all times which includes:
(A) full name; and
(B) license number and expiration date (if licensed
as a massage therapist).
(i) For purposes of this section:
(1) "Nude" means a person who is:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or visible
through less than fully opaque clothing any portion of the breasts
below the top of the areola of the breasts or any portion of the genitals
or buttocks.
(2) "Sexual contact" includes:
(A) any touching of any part of the genitalia or anus;
(B) 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;
(C) any offer or agreement to engage in any activity
described in subparagraph (A) or (B);
(D) kissing;
(E) deviate sexual intercourse, sexual contact, sexual
intercourse, indecent exposure, sexual assault, prostitution, solicitation
of prostitution, and promotion of prostitution as described in Texas
Penal Code, Chapters 21, 22, and 43, or any offer or agreement to
engage in such activities;
(F) any behavior, gesture, or expression that may reasonably
be interpreted as inappropriately seductive or sexual; or
(G) inappropriate sexual comments about or to a client,
including sexual comments about a person's body.
(j) A massage establishment must display a sign containing
human trafficking information as required by Texas Occupations Code,
Chapter 455, §455.207, in a form and manner prescribed by the
commission that is:
(1) in a conspicuous place clearly visible to the public;
and
(2) acceptable to the department.
(k) A massage establishment shall not allow any individual,
including a student, license holder, or employee, to reside on the
premises of the massage establishment. This does not apply to a place
of business exempted by Texas Occupations Code Chapter 455, §455.155(c)(2),
from the requirement to hold a license as a massage establishment
or to a licensed massage therapist who practices as a solo practitioner
and who is exempted under Texas Occupations Code Chapter 455, §455.155(b),
from the requirement to hold a license as a massage establishment.
|
| Source Note: The provisions of this §117.82 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 April 1, 2021, 46 TexReg 2003; amended to be effective January 1, 2022, 46 TexReg 9029; amended to be effective January 15, 2023, 48 TexReg 43 |
