| (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.
(b) Unless the person is exempt from the licensing
requirement, a person may not represent that the person is a massage
establishment unless the person holds an appropriate license under
this subchapter.
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