| (a) A licensee shall not make deceptive, untrue, or
fraudulent representations in the practice of massage therapy or employ
a trick or scheme in the practice of massage therapy, including, but
not limited to, warranty of results of such services and false claims
of proficiency in any field.
(b) A licensee shall not use a work area, equipment
or clothing that is unclean or unsanitary.
(c) A licensee shall not practice massage therapy fraudulently,
with gross incompetence, with gross negligence on a particular occasion,
or with negligence or incompetence on more than one occasion.
(d) A licensee shall bill clients or third parties
only for those services actually rendered or as agreed to by mutual
understanding at the beginning of services or as later modified by
mutual agreement.
(e) A licensee must either honor an unexpired gift
certificate issued by that licensee or provide a full refund.
(f) For each client, a licensee shall keep accurate
records of the dates of massage therapy services, types of massage
therapy and billing information. Such records must be maintained for
a minimum of two years.
(g) A licensee must obtain the written consent of a
parent or guardian to provide massage therapy services to a person
under the age of 17.
(h) On the written request of a client, a client's
guardian, or a client's parent if the client is under the age of 17,
a licensee shall provide a written explanation of the charges for
massage therapy services previously made on a bill or statement of
the client. This requirement applies even if the charges are to be
paid by a third party.
(i) A licensee shall not abuse alcohol or drugs in
any manner which detrimentally affects the provision of massage therapy
or massage therapy instruction.
(j) A licensee may not overcharge or over treat a client.
(k) A licensee shall not practice in an unlicensed
massage establishment or massage school.
(l) A licensee shall not allow an unlicensed person
to engage in activity for which licensure is required.
(m) A licensee shall not provide false information
on material submitted to the department.
(n) A licensee shall not interfere with a department
investigation by the willful misrepresentation of facts to the department
or its authorized representative, or by the use of threats, retaliation,
or harassment against any person.
(o) A licensee shall comply with any formal order issued
by the department relating to the licensee.
(p) A licensee shall be subject to disciplinary action
by the department if the licensee is issued a public letter of reprimand,
is assessed a civil penalty by a court, or has an administrative penalty
imposed by the attorney general's office under the Texas Code of Criminal
Procedure, Chapter 56, Subchapter B.
(q) A licensee shall notify each client of the name,
mailing address, telephone number, and web address of the department
for the purpose of directing complaints to the department by providing
notification:
(1) on each written contract for services of a licensee;
(2) on a sign prominently displayed in the primary
place of business of each licensee;
(3) on a bill for service provided by a licensee to
a client or third party; or
(4) by another written and documented method.
(r) A licensee shall keep his or her licensure file
updated by notifying the department, in writing, of changes of names,
address, telephone number and employment.
(s) A licensee shall be subject to disciplinary action
for failure to truthfully respond in a manner that fully discloses
all information in an honest, materially responsive, and timely manner
to a complaint filed with or by the department.
(t) A licensee shall not make any false, misleading,
deceptive, fraudulent, or exaggerated claim or statement about the
licensee's services, including, but not limited to:
(1) the effectiveness of services;
(2) the licensee's qualifications, capabilities, background,
training, experience, education, certification or licensure, professional
affiliations, fees, products, or publications; or
(3) the practice or field of massage therapy.
(u) A licensee shall provide draping and treatment
services sufficient to protect a client's safety, comfort, and privacy,
and must drape:
(1) the genital area and gluteal cleavage of all clients
at all times; and
(2) the breasts of female clients at all times, unless
performing breast massage that is specifically authorized by the client
as required in §117.91.
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