SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 455.001 - Definitions
In this chapter: Text of subdivision effective until September 01, 2017 (1) "Department" means the Department of State Health Services. Text of subdivision effective on...
- Texas Section 455.002 - Massage Therapy As Health Care Service
(a) Massage therapy constitutes a health care service if the massage therapy is for therapeutic purposes. Massage therapy does not constitute the practice of chiropractic....
- Texas Section 455.003 - Practices Included In Massage Therapy
Massage therapy includes the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths. Acts 1999, 76th Leg.,...
- Texas Section 455.004 - Applicability Of Chapter
This chapter does not apply to: (1) a person licensed in this state as a physician, chiropractor, occupational therapist, physical therapist, nurse, cosmetologist, or athletic...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.005 - Effect On Local Law
(a) Except as provided by Subsection (b), this chapter supersedes any regulation adopted by a political subdivision of this state relating to the licensing or...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.051 - General Rulemaking Authority
The executive commissioner shall adopt rules consistent with this chapter as necessary for the performance of duties under this chapter. Added by Acts 1999, 76th...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.052 - Rules Regarding Massage Establishments
Rules adopted under this chapter relating to a massage establishment must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.053 - Rules Regarding Massage Schools
Rules adopted under this chapter relating to a massage school must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.053 - Rules Regarding Massage Schools
Rules adopted under this chapter relating to a massage school must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.054 - Rules Regarding Massage Therapists
Rules adopted under this chapter relating to a massage therapist must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.055 - Rules Regarding Massage Therapy Instructors
Rules adopted under this chapter relating to a massage therapy instructor must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.056 - Rules Regarding Advertising Or Competitive Bidding
(a) The executive commissioner may not adopt rules restricting advertising or competitive bidding by a person licensed under this chapter except to prohibit false, misleading,...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.057 - Continuing Education
The executive commissioner shall provide for the recognition, preparation, or administration of continuing education programs for persons licensed under this chapter. A licensed person must...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.058 - Fees
The executive commissioner shall set fees for the issuance or renewal of a license under this chapter in amounts designed to allow the department to...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.051 - General Rulemaking Authority
The executive commissioner shall adopt rules consistent with this chapter as necessary for the performance of duties under this chapter. Added by Acts 1999, 76th...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.052 - Rules Regarding Massage Establishments
Rules adopted under this chapter relating to a massage establishment must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.053 - Rules Regarding Massage Schools
Rules adopted under this chapter relating to a massage school must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.053 - Rules Regarding Massage Schools
Rules adopted under this chapter relating to a massage school must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.054 - Rules Regarding Massage Therapists
Rules adopted under this chapter relating to a massage therapist must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.055 - Rules Regarding Massage Therapy Instructors
Rules adopted under this chapter relating to a massage therapy instructor must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.056 - Rules Regarding Advertising Or Competitive Bidding
(a) The executive commissioner may not adopt rules restricting advertising or competitive bidding by a person licensed under this chapter except to prohibit false, misleading,...
SUBCHAPTER B POWERS AND DUTIES
- Texas Section 455.057 - Continuing Education
The executive commissioner shall provide for the recognition, preparation, or administration of continuing education programs for persons licensed under this chapter. A licensed person must...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.058 - Fees
The executive commissioner shall set fees for the issuance or renewal of a license under this chapter in amounts designed to allow the department to...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.101 - General Duties Of Department
Sec. 455.101. GENERAL DUTIES OF DEPARTMENT. The department shall: Text of subdivision effective until September 01, 2017 (1) administer this chapter; Text of subdivision effective...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.101 - General Powers And Duties
(a) The executive director shall administer and enforce this chapter. (b) The department shall: (1) investigate a person who may be engaging in a practice...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.103 - Memorandum Of Understanding Regarding Massage Schools
(a) The department may enter into a memorandum of understanding with the Texas Education Agency to regulate massage schools. (b) A memorandum must: (1) be...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.103 - Memorandum Of Understanding Regarding Massage Schools
(a) The commission may enter into a memorandum of understanding with the Texas Education Agency to regulate massage schools. (b) A memorandum must: (1) be...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.104 - Inspections; Investigations
(a) The department, its authorized representative, or a peace officer may enter the premises of an applicant for a license or a license holder at:...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.105 - Registry
(a) The department shall annually prepare a registry of licensed massage therapists. (b) The department shall make the registry available to the public, license holders,...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.101 - General Duties Of Department
Sec. 455.101. GENERAL DUTIES OF DEPARTMENT. The department shall: Text of subdivision effective until September 01, 2017 (1) administer this chapter; Text of subdivision effective...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.101 - General Powers And Duties
(a) The executive director shall administer and enforce this chapter. (b) The department shall: (1) investigate a person who may be engaging in a practice...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.103 - Memorandum Of Understanding Regarding Massage Schools
(a) The department may enter into a memorandum of understanding with the Texas Education Agency to regulate massage schools. (b) A memorandum must: (1) be...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.103 - Memorandum Of Understanding Regarding Massage Schools
(a) The commission may enter into a memorandum of understanding with the Texas Education Agency to regulate massage schools. (b) A memorandum must: (1) be...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 455.104 - Inspections; Investigations
(a) The department, its authorized representative, or a peace officer may enter the premises of an applicant for a license or a license holder at:...
SUBCHAPTER D LICENSING
- Texas Section 455.105 - Registry
(a) The department shall annually prepare a registry of licensed massage therapists. (b) The department shall make the registry available to the public, license holders,...
- Texas Section 455.151 - License Required
(a) Unless the person is exempt from the licensing requirement, a person may not act as a massage therapist, massage school, massage therapy instructor, or...
- Texas Section 455.152 - Ineligibility For License
(a) A person is not eligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the person is...
- Texas Section 455.1525 - Criminal Background Checks
(a) On receipt of an application for a license under this chapter, the department shall conduct a criminal background check on the applicant. (b) An...
- Texas Section 455.153 - Application For License
An applicant for a license under this chapter must: (1) submit an application on a form provided by the department; and (2) include with the...
- Texas Section 455.153 - Application For License
An applicant for a license under this chapter must: (1) submit an application in the manner and on a form prescribed by the executive director;...
- Texas Section 455.154 - General Provisions Relating To Licenses
(a) The holder of a license may exercise all professional rights, honors, and privileges relating to the practice of massage therapy. (b) A license is...
- Texas Section 455.155 - License Exemption
(a) Section 455.151 does not apply to an establishment or person that: (1) holds a license, permit, certificate, or other credential issued by this state...
- Texas Section 455.156 - License Requirements For Massage Therapist
(a) The department shall issue a license to each qualified applicant who applies for a massage therapist license. (b) An applicant for a license under...
- Texas Section 455.1565 - Notification Of Examination Results
(a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the department shall notify the person...
- Texas Section 455.1571 - Applicant Licensed In Another Jurisdiction
(a) The department may waive any prerequisite to obtaining a license for an applicant for licensing as a massage therapist or massage therapy instructor after...
- Texas Section 455.1572 - Provisional License
(a) The department may issue a provisional license to an applicant for licensing as a massage therapist or massage therapy instructor currently licensed or registered...
- Texas Section 455.158 - Student Exemption From Licensing Requirements
A student who provides massage therapy as part of an internship program or without compensation is exempt from licensing under this chapter if the student...
- Texas Section 455.159 - Student Internship Program
(a) An internship program must: (1) meet the qualifications established by the department; (2) provide a student with a minimum of 40 hours of hands-on...
- Texas Section 455.160 - License Renewal
(a) A person licensed under this chapter must periodically renew the person's license. The license expires unless the license holder submits an application for renewal...
- Texas Section 455.160 - License Term And Renewal
(a) A license issued under this chapter is valid for two years. A license holder must renew the license biennially. (b) Repealed by Acts 2015,...
SUBCHAPTER E PRACTICE BY LICENSE HOLDERS
- Texas Section 455.161 - Renewal Of Expired License Of Out-of-state Practitioner
(a) A person who was registered or licensed in this state, moved to another state, and is currently registered or licensed and has been in...
- Texas Section 455.201 - Referral From Physician
A person issued a license may receive referrals from a physician to administer massage therapy. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept....
- Texas Section 455.202 - Practice By Massage Establishment
(a) A massage establishment may employ only licensed massage therapists to perform massage therapy or other massage services. (b) A massage establishment may not: (1)...
- Texas Section 455.203 - Practice By Massage School Or Instructor At School
Sec. 455.203. PRACTICE BY MASSAGE SCHOOL OR INSTRUCTOR AT SCHOOL. Text of subsection effective until September 01, 2017 (a) A massage school must meet the...
- Texas Section 455.204 - Display Of License
(a) A person who holds a license shall publicly display the license as specified by the department. (b) Each massage establishment must post in plain...
- Texas Section 455.205 - Prohibited Practices
(a) A massage therapist may not perform massage therapy for compensation or without compensation at or for a sexually oriented business. (b) A massage school...
SUBCHAPTER F LICENSE DENIAL OR DISCIPLINARY PROCEDURES
- Texas Section 455.206 - Establishment Change Of Location Prohibited
A massage establishment may not change the location of the establishment without obtaining a new massage establishment license under this chapter. Added by Acts 2005,...
- Texas Section 455.251 - Grounds For License Denial Or Disciplinary Action
(a) The department may refuse to issue a license to a person and shall suspend, revoke, or refuse to renew the license of a person...
- Texas Section 455.251 - Grounds For License Denial Or Disciplinary Action
(a) The commission or executive director may refuse to issue a license to a person and shall suspend, revoke, or refuse to renew the license...
- Texas Section 455.252 - Hearing On Denial Or Disciplinary Action
(a) A person whose application for a license is denied, whose license is suspended or revoked, or who has been reprimanded is entitled to a...
- Texas Section 455.253 - Probation
The department may place on probation a person, including a massage school, massage therapy instructor, or massage establishment, whose license is suspended. If a license...
SUBCHAPTER G ADMINISTRATIVE PENALTY
- Texas Section 455.254 - Emergency Suspension
(a) The department shall temporarily suspend the license of a license holder if the department determines from the evidence or information presented to it that...
- Texas Section 455.301 - Imposition Of Administrative Penalty
The department may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th Leg.,...
- Texas Section 455.302 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $1,000 for each violation. Each day a violation continues or occurs is a separate violation...
- Texas Section 455.302 - Amount Of Administrative Penalty
(a) The amount of an administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may...
- Texas Section 455.303 - Notice Of Violation And Penalty
If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give...
- Texas Section 455.304 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice under Section 455.303, the person may: (1) accept the department's...
- Texas Section 455.305 - Hearing On Department Determination
(a) If the person makes a timely request for a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing...
- Texas Section 455.306 - Decision By Department
(a) Based on the findings of fact, conclusions of law, and recommendations of the hearings examiner, the department by order may determine that: (1) a...
- Texas Section 455.307 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the order issued under Section 455.306 becomes final, the person shall: (1) pay the administrative...
- Texas Section 455.308 - Determination By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 455.309 - Remittance Of Penalty And Interest
(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
- Texas Section 455.310 - Collection Of Penalty
(a) In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of...
SUBCHAPTER H OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 455.311 - Administrative Procedure
A proceeding to assess an administrative penalty under this chapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 455.351 - Injunctive Relief; Civil Penalty
(a) The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action for injunctive relief to restrain a...
- Texas Section 455.352 - Criminal Penalty
(a) A person commits an offense if the person is required to be licensed under this chapter and the person: (1) knowingly violates Section 455.151,...
- Texas Section 455.353 - Enforcement By Peace Officers
A peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter. Acts 1999, 76th...