<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 117MASSAGE THERAPY
SUBCHAPTER HRESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS
RULE §117.92Sexual Misconduct

(a) A licensee shall not engage in sexual contact during a session with a client. For the purposes of this section, sexual contact includes:

  (1) any touching of any part of the genitalia or anus;

  (2) any touching of the breasts of a female client, unless the touching is breast massage that is specifically authorized by the client through the signed consultation document referenced in §117.91;

  (3) any offer or agreement to engage in any activity described in paragraph (1) or (2);

  (4) kissing;

  (5) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, and promotion of prostitution as described in the Texas Penal Code, Chapters 21, 22, and 43, or any offer or agreement to engage in any such activities;

  (6) any behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexual; or

  (7) inappropriate sexual comments about or to a client, including making sexual comments about a person's body.

(b) A licensee shall not allow any individual, including a client, student, licensee, employee, participant in a continuing education program, or one's self to engage in sexual contact on the premises of any massage school, massage establishment, or the licensee's own place of business.

(c) A licensee shall not allow any individual, including a student, licensee, employee, or one's self to practice massage therapy or provide other massage therapy services in the nude, while partially nude, or in clothing designed to arouse or gratify the sexual desire of any individual.

(d) A licensee shall not perform massage therapy, whether or not for compensation, at or for a sexually oriented business.

(e) A licensee shall immediately discontinue the massage therapy session, activity or the professional relationship when a client initiates any verbal or physical contact with the licensee that is intended to arouse or gratify the sexual desire of either person.


Source Note: The provisions of this §117.92 adopted to be effective November 1, 2017, 42 TexReg 4991

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page