By: Madla S.B. No. 873
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of massage therapy.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 1, Chapter 752, Acts of the 69th
1-4 Legislature, Regular Session, 1985, (Article 4512k, Vernon's Texas
1-5 Civil Statutes), is amended by amending Subdivisions (1), (2), (3),
1-6 (4), and (10) and by adding Subdivisions (15) and (16) to read as
1-7 follows:
1-8 (1) "Massage therapy" means the health care service of
1-9 manipulating <manipulation of> soft tissue for therapeutic
1-10 purposes. The term includes, but is not limited to, effleurage
1-11 (gliding strokes) <(stroking)>, petrissage (kneading), tapotement
1-12 (percussion), compression, vibration, superficial and deep
1-13 friction, nerve strokes, joint mobilization, superficial warming
1-14 techniques, jostling, rocking, shaking, and Swedish gymnastics,
1-15 either by hand or with mechanical or electrical apparatus for the
1-16 purpose of body massage. Massage therapy may include the use of
1-17 oil<, salt glows, heat lamps, hot> and hydrotherapy <cold packs,
1-18 tub, shower, or cabinet baths>. Equivalent terms for massage
1-19 therapy are massage, therapeutic massage, massage technology,
1-20 myo-therapy, body massage, <body rub,> or any derivation of those
1-21 terms. <Massage therapy is a health care service when the massage
1-22 therapy is for therapeutic purposes.> As used in the Act, the
1-23 terms "therapy" and "therapeutic" do not include diagnosis, the
2-1 treatment of illness or disease, or any service or procedure for
2-2 which a license to practice medicine, chiropractic, physical
2-3 therapy, or podiatry is required by law. Massage therapy does not
2-4 constitute the practice of chiropractic.
2-5 (2) "Massage therapist" means an individual who
2-6 practices or administers massage therapy to a client <patron> of
2-7 either gender for compensation. The term includes a registered
2-8 massage therapist, therapeutic massage practitioner, massage
2-9 technician, masseur, masseuse, myo-therapist, body worker, body
2-10 massager, <body rubber,> or any derivation of those titles.
2-11 (3) "School-based massage <Massage> therapy
2-12 instructor" means an individual who is a registered massage
2-13 therapist, who is instructing one or more students in the soft
2-14 tissue manipulation section of the course of instruction required
2-15 for registration as a massage therapist <therapy>, and whose
2-16 instruction is approved by the department. A school-based massage
2-17 therapy instructor may also teach other courses the instructor is
2-18 qualified to teach.
2-19 (10) "Instructor" means an individual who instructs
2-20 one or more students in any section of the course of instruction
2-21 required for registration as a massage therapist other than the
2-22 soft tissue manipulation section of the course of instruction.
2-23 (15) "Independent massage therapy instructor" means an
2-24 individual who is a registered massage therapist, who is not
2-25 associated with a massage school, and who is the sole instructor of
3-1 the course of instruction required for registration as a massage
3-2 therapist under this Act.
3-3 (16) "Advanced study" means the concentrated study of
3-4 any area of coursework listed in Section 2(b)(1) of this Act or
3-5 hydrotherapy.
3-6 SECTION 2. Section 2, Chapter 752, Acts of the 69th
3-7 Legislature, Regular Session, 1985, (Article 4512k, Vernon's Texas
3-8 Civil Statutes), is amended by amending Subsections (b) and (c) and
3-9 adding Subsection (d) to read as follows:
3-10 (b) An individual who registers as a massage therapist under
3-11 this Act must present evidence satisfactory to the board that the
3-12 person:
3-13 (1) has satisfactorily completed massage therapy
3-14 studies in a 600 <300> hour, supervised course of instruction
3-15 provided by an independent <a> massage therapy instructor, by a
3-16 massage school registered by the department, by a state approved
3-17 educational institution, or by any combination of instructors or
3-18 schools, in which 125 hours are dedicated to the study of anatomy,
3-19 physiology, and kinesiology, 175 hours to the study of soft tissue
3-20 manipulation, 50 hours to the study of business practices,
3-21 professionalism, and ethics, 30 hours to the study of health,
3-22 hygiene, cardiopulmonary resuscitation, and first aid, 25 hours to
3-23 the study of pathology and contraindications, 20 hours to the study
3-24 of history, legal issues, and the rules of the board, 75 hours to
3-25 an internship program, and 100 hours of advanced study to be
4-1 determined by the school or independent massage therapy instructor
4-2 <Swedish massage therapy techniques taught by a massage therapy
4-3 instructor, 50 hours to the study of anatomy, 25 hours to the study
4-4 of physiology, 15 hours to the study of hydrotherapy, 15 hours to
4-5 the study of business practices and professional ethics standards,
4-6 20 hours to the study of health and hygiene, and 50 hours to an
4-7 internship program>;
4-8 (2) is registered as a massage therapist in another
4-9 state or country that has and maintains standards and requirements
4-10 of practice and licensing or registration that substantially
4-11 conform to those of this state, as determined by the department;
4-12 <or>
4-13 (3) has practiced massage therapy as a profession for
4-14 not less than five years in another state or country that does not
4-15 have or maintain standards and requirements of practice and
4-16 licensing or registration that substantially conform to those of
4-17 this state, as determined by the department; or
4-18 (4) has satisfactorily completed a training program in
4-19 soft tissue manipulation by a school regulated by a state or
4-20 national regulating or accrediting body that maintains standards
4-21 and requirements that substantially conform to those of this state,
4-22 as determined by the department.
4-23 (c) A student in a state-approved course of instruction that
4-24 consists of a minimum of 600 <300> hours is exempt from
4-25 registration under this Act if the student provides massage therapy
5-1 as part of an internship program or for no compensation.
5-2 (d) In order to continue to be registered under this Act, a
5-3 massage therapist must provide proof to the department at the time
5-4 required by rules adopted under this Act that during the calendar
5-5 year the registration holder has completed 12 hours of classroom
5-6 instruction, recognized by the department, designed to enhance the
5-7 registration holder's career.
5-8 SECTION 3. Section 2A(f), Chapter 752, Acts of the 69th
5-9 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
5-10 Civil Statutes), is amended to read as follows:
5-11 (f) A student who is participating in an internship program
5-12 may:
5-13 (1) practice marketing skills;
5-14 (2) make an appointment with an internship <a> client;
5-15 (3) <(2)> interview a client;
5-16 (4) <(3)> perform massage therapy;
5-17 (5) <(4)> collect and review a client evaluation with
5-18 the student's supervisor; and
5-19 (6) <(5)> perform other tasks necessary to the
5-20 business of providing massage therapy to the public.
5-21 SECTION 4. (a) Except as provided by Subsection (b) of this
5-22 section, this Act takes effect September 1, 1993, and applies only
5-23 to the holder of a registration certificate issued or renewed after
5-24 that date. The holder of a registration certificate issued or
5-25 renewed before the effective date of this Act is governed by the
6-1 law in effect at the time the registration certificate was issued
6-2 or renewed, and the former law is continued in effect for that
6-3 purpose.
6-4 (b) The additional 300 hours of massage therapy studies
6-5 required for registration under Section 2 (b)(1), Chapter 752, Acts
6-6 of the 69th Legislature, Regular Session, 1985 (Article 4512k,
6-7 Vernon's Texas Civil Statutes), as added by this Act, applies only
6-8 to a student who enrolls in a course of instruction in massage
6-9 therapy after December 31, 1996.
6-10 SECTION 5. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.