By Van de Putte H.B. No. 2190
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of massage therapy; providing penalties
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Article 4512k, Vernon's Texas Civil
1-5 Statutes, is amended to read as follows:
1-6 Sec. 1. Definitions. In this article <Act>:
1-7 (1) "Massage therapy" means the manipulation of soft tissue.
1-8 The term includes, but is not limited to, touch, including holding,
1-9 stroking, and gliding, <effleurage (stroking),> kneading,
1-10 <petrissage (kneading)>, percussion <tapotement (percussion)>,
1-11 compression, direct pressure, vibration, shaking, rocking,
1-12 friction, nerve strokes, Swedish gymnastics, guided pandiculation,
1-13 either by use of the hand, finger, elbow, knee or foot or with
1-14 mechanical or electrical apparatus for the purpose of body massage.
1-15 Massage therapy may include the use of skin lubricants <oil>, spa
1-16 therapies <salt glows>, hydrotherapy, cryotherapy, heat lamps, hot
1-17 and cold packs, and balneotherapy <tub, shower, or cabinet baths>.
1-18 Equivalent terms for massage therapy are massage, therapeutic
1-19 massage, massage technology, myo-therapy, body massage, bodywork,
1-20 somatic therapy, body rub or any derivation of those terms. Massage
1-21 therapy is a healthcare service when <the massage therapy> used for
1-22 therapeutic purposes. As used in the article <Act>, the terms
1-23 "therapy" and "therapeutic" do not include diagnosis, the treatment
2-1 of illness or disease, or any service or procedure for which a
2-2 registration or license to practice medicine, chiropractic,
2-3 physical therapy, or podiatry as required by law. Massage therapy
2-4 does not constitute the practice of chiropractic or physical
2-5 therapy.
2-6 (2) "Licensed massage <Massage> therapist" means an
2-7 individual who has successfully completed the required basic and
2-8 advanced coursework in massage therapy and state examinations and
2-9 is licensed to use the title "licensed massage therapist", the
2-10 designation "L.M.T.", and offer massage therapy services as
2-11 provided by this article <practices or administers massage therapy>
2-12 to a <patron> client of either gender for compensation. <The term
2-13 includes a registered massage therapist, therapeutic massage
2-14 practitioner, massage technician, masseur, masseuse, myo-therapist,
2-15 body massager, body rubber, or any other derivation of those
2-16 titles>.
2-17 (3) "Registered massage therapist" means an individual
2-18 who has successfully completed the required basic coursework in
2-19 massage therapy and state examination and is registered to use the
2-20 title "registered massage therapist", the designation "R.M.T.", and
2-21 offer massage therapy services as provided by this article to a
2-22 client of either gender for compensation.
2-23 <(3) "Massage therapy instructor" means an individual
2-24 who is a registered massage therapist who is instructing one or
2-25 more students in massage therapy, and whose instruction is approved
3-1 by the department.>
3-2 <(4) "Massage establishment" means any place of
3-3 business that advertises massage therapy or offers massage therapy
3-4 as a service.>
3-5 (4) <(5)> "Department" means the Texas Department of
3-6 Health.
3-7 (5) <(6)> "Board" means Texas Board of Health.
3-8 (6) <(7)> "Advisory Council" means the Advisory
3-9 Council on Massage Therapy.
3-10 (7) <(8)> "Person" means an individual, partnership,
3-11 corporation, association, or other legal entity.
3-12 (8) <(9)> "Massage school" means an entity, <or>
3-13 organization, or individual, other than a state-approved
3-14 educational institution, <with at least two instructors> that
3-15 offers instruction in basic coursework in massage therapy studies
3-16 for qualification as a massage therapist or advanced coursework for
3-17 qualification as a licensed massage therapist, or both, <teaches>
3-18 and is registered with the department <, at a minimum, the course
3-19 of instruction required for registration as a massage therapist
3-20 under this Act>.
3-21 (9) <(10)> "Instructor" means an individual who
3-22 instructs one or more students in any section of the course of
3-23 instruction <required for registration as a massage therapist under
3-24 this Act>.
3-25 <(11) "Applicant" means a person, including a massage
4-1 school, a massage therapy instructor, or a massage establishment,
4-2 that applies for registration under this Act.>
4-3 <(12) "Examiner" means a registered massage therapist
4-4 who administers the practical portion of the state examination to
4-5 applicants for registration as massage therapists.>
4-6 <(13) "Internship program" means a program conducted
4-7 supervised by a massage therapy instructor in which a student
4-8 provides massage therapy to the general public. The massage
4-9 therapy may be for compensation in an amount set by the massage
4-10 school or massage therapy instructor and paid to the massage school
4-11 or massage therapy instructor>.
4-12 (10) <(14)> "Sexually oriented business" has the
4-13 meaning assigned by Section 243.002, Local Government Code.
4-14 (11) "Basic coursework" means a course of instruction
4-15 with a minimum of 300 hours designed to develop competence in the
4-16 fundamentals of massage theory and application.
4-17 (12) "Advanced coursework" means a course of
4-18 instruction with a minimum of 500 hours designed to provide
4-19 education in advanced massage theory and applications.
4-20 (13) "Physician" means a person licensed by the Texas
4-21 State Board of Medical Examiners as a physician or a surgeon.
4-22 (14) "Commissioner" means Texas Commissioner of
4-23 Health.
4-24 (15) "Professional development course" means a seminar
4-25 or workshop of 55 hours or less which is designed to add to the
5-1 professional knowledge of an individual registered or licensed
5-2 under this article beyond subjects required in the basic or
5-3 advanced coursework.
5-4 SECTION 2. Article 4512k, Vernon's Texas Civil Statutes, is
5-5 amended by adding Section 1A to read as follows:
5-6 Sec. 1A. POLICY STATEMENT. The purpose of massage therapy
5-7 is to promote, maintain, and restore well-being, relieve stress and
5-8 somatic pain, and provide holistic benefits.
5-9 SECTION 3. Article 4512k, Vernon's Texas Civil Statutes, is
5-10 amended by adding Section 1B to read as follows:
5-11 Sec. 1B. LICENSE OR REGISTRATION CERTIFICATE REQUIRED. No
5-12 person shall practice massage therapy unless that person is
5-13 licensed or registered as provided in this article or exempt under
5-14 Section 4 of this article. No person shall use the title of
5-15 "massage therapist", "registered massage therapist", "licensed
5-16 massage therapist", "R.M.T." or "L.M.T." unless that person is
5-17 either licensed or registered as provided in this article.
5-18 SECTION 4. Section 2, Article 4512k, Vernon's Texas Civil
5-19 Statutes, is amended to read as follows:
5-20 Sec. 2. Registered Massage Therapist Applicant
5-21 <REGISTRATION> þNRequirementsää; Examinations. (a) An applicant for
5-22 registration as a registered massage therapist must file a written
5-23 application and an application and examination fee, as prescribed
5-24 by the department. In addition to any other information required
5-25 by the department, an applicant must submit evidence satisfactory
6-1 to the department that the applicant has completed the required
6-2 basic coursework or experience, as applicable, to qualify for the
6-3 registered massage therapist examination. <An individual who
6-4 practices as a massage therapist, or who represents that the
6-5 individual is a massage therapist must register as provided by this
6-6 Act, unless the individual is exempt from registration. A massage
6-7 therapist may not perform massage therapy, whether or not for
6-8 compensation, at or for a sexually oriented business.>
6-9 (b) In order to be eligible for the registered massage
6-10 therapist examination, the applicant must present evidence <An
6-11 individual who registers as a massage therapist under this Act must
6-12 present evidence satisfactory to the board> that the applicant
6-13 <person>:
6-14 (1) has successfully <satisfactorily> completed at
6-15 least 300 hours of basic coursework in massage therapy studies <in
6-16 a 300 hour, supervised course of instruction> provided by a
6-17 <massage therapy instructor, by a> massage school registered with
6-18 the department, by a state approved educational institution, or a
6-19 <by any> combination of both <instructors or schools in which 125
6-20 hours are dedicated to the study of Swedish massage therapy
6-21 techniques taught by a massage therapy instructor, 50 hours to the
6-22 study of anatomy, 25 hours to the study of physiology, 15 hours to
6-23 the study of hydrotherapy, 15 hours to the study of business
6-24 practices and professional ethics standards, 20 hours to the study
6-25 of health and hygiene, and 50 hours to an internship program>.
7-1 (2) is licensed, certified, or registered to provide
7-2 <as a> massage therapy services <therapist> in another jurisdiction
7-3 <state or country> that has and maintains standards and
7-4 requirements of practice and licensing, certification or
7-5 registration that substantially conform to those of this state, as
7-6 determined by the department; <or>
7-7 (3) has practiced massage therapy <as a massage
7-8 therapist> as a profession for not less than five years in another
7-9 jurisdiction <state or country> that does not have or maintain
7-10 standards and requirements of practice and licensing or
7-11 registration that substantially conform to those of this state, as
7-12 determined by the department<.>; or
7-13 (4) is certified by the National Certification Board
7-14 of Therapeutic Massage and Bodywork or any successor organization.
7-15 (c) The 300 hour-minimum basic coursework in massage therapy
7-16 studies shall include courses in the subjects of anatomy,
7-17 physiology, health and hygiene, basic massage technique, business
7-18 practices, and hydrotherapy. The board shall adopt rules that
7-19 specify general course content and the minimum number of hours of
7-20 instruction for each of these subjects. An internship of at least
7-21 40 hours is also required as part of the basic coursework. Only
7-22 coursework taught by a registered massage school or state-approved
7-23 educational institution shall qualify for credit under subsection
7-24 (a)(1) of this section. In the event that a curriculum is
7-25 developed by national accrediting organization that is commensurate
8-1 with the 300 hour basic coursework in massage therapy studies
8-2 specified in this subsection, the board may adopt that curriculum
8-3 in lieu of the curriculum specified in this subsection.
8-4 (d) <(c)> A student in a state-approved course of
8-5 instruction that consists of a minimum of 300 hours is exempt from
8-6 registration as a registered massage therapist under this article
8-7 <Act> if the student provides massage therapy as part of an
8-8 internship program or for no compensation.
8-9 (e) The department may accept massage therapy coursework
8-10 taken outside of this state to satisfy one or more of the basic
8-11 coursework requirements contained in Subsection (a)(1) of this
8-12 section if the out-of-state coursework is equivalent to the
8-13 coursework required by the department.
8-14 (f) The department shall administer the registered massage
8-15 therapist examination no less than two times each year. The
8-16 registered massage therapist examination shall consist of both
8-17 written and practical components and shall cover those subjects
8-18 required by subsection (c) of this section. In the event that a
8-19 national examination is developed that is commensurate to the
8-20 examination administered by the department, the board may adopt
8-21 that examination in lieu of the examination developed by the
8-22 department.
8-23 (g) The department or its designee may hire examiners to
8-24 assist with administration of the examination.
8-25 SECTION 5. Article 4512k, Vernon's Texas Civil Statutes, is
9-1 amended by adding Section 2.1 to read as follows:
9-2 Sec. 2.1. REGISTERED MASSAGE THERAPIST SCOPE OF PRACTICE. A
9-3 person registered as a registered massage therapist may only
9-4 perform massage therapy services for which they have received the
9-5 appropriate education and training.
9-6 SECTION 6. Article 4512k, Vernon's Texas Civil Statutes, is
9-7 amended by adding Section 2.2 to read as follows:
9-8 Sec. 2.2. LICENSED MASSAGE THERAPIST APPLICANT REQUIREMENTS;
9-9 EXAMINATIONS. (a) An applicant for licensure as a licensed
9-10 massage therapist must file a written application and an
9-11 application and examination fee, as prescribed by the department.
9-12 In addition to any other information required by the department, an
9-13 applicant must submit evidence satisfactory to the department that:
9-14 (1) the applicant has successfully completed a minimum
9-15 of 300 hours of basic coursework and a minimum of 500 hours in
9-16 advanced coursework in massage therapy studies from a massage
9-17 school registered with the department, a state approved educational
9-18 institution, or a combination of both, and has passed the
9-19 registered massage therapist examination; or
9-20 (2) the applicant is currently in good standing with
9-21 the department as a registered massage therapist and has
9-22 successfully completed a minimum of 500 hours in advanced
9-23 coursework in massage therapy studies from a massage school
9-24 registered with the department, a state approved educational
9-25 institution or a combination of both.
10-1 (b) The 500-hour minimum advanced coursework in massage
10-2 therapy studies shall include courses in the subjects of advanced
10-3 anatomy and physiology beyond that taught in the basic coursework,
10-4 pathology and contraindications, communicable diseases,
10-5 inter-professional communications, practice management,
10-6 professional ethics and scope of practice, and one or more specific
10-7 massage modalities and their clinical applications. The board
10-8 shall adopt rules that specify general course content and the
10-9 minimum number of hours for instruction for each of these subjects.
10-10 Only coursework taught by a registered massage school or a
10-11 state-approved educational institution shall qualify for credit
10-12 under subsection (a) of this section. In the event that a
10-13 curriculum is developed by national accrediting organization that
10-14 is commensurate with the curriculum for 500 or more hours of
10-15 advanced coursework in massage therapy studies specified in this
10-16 subsection, the board may adopt that curriculum in lieu of the
10-17 curriculum specified in this subsection.
10-18 (c) A person who is licensed, certified or registered as a
10-19 massage therapist in another jurisdiction that has and maintains
10-20 standards of practice and licensing, certification, or registration
10-21 requirements that substantially conform to those of this state, as
10-22 determined by the department, may apply for licensure as a licensed
10-23 massage therapist in this state.
10-24 (d) The department may accept massage therapy coursework
10-25 taken outside of this state to satisfy one or more of the advanced
11-1 coursework requirements contained in Subsection (b) of this section
11-2 if the out-of-state coursework is equivalent to the coursework
11-3 required by the department.
11-4 (e) The department shall develop a written examination to be
11-5 administered to applicants for licensure as a licensed massage
11-6 therapist. The department shall administer the licensed massage
11-7 therapist examination no less than two times each year. The
11-8 examination shall cover those subjects required by subsection (b)
11-9 of this section. In the event that a national examination is
11-10 developed that is commensurate to the examination administered by
11-11 the department, the board may adopt that examination in lieu of the
11-12 examination developed by the department.
11-13 SECTION 7. Article 4512k, Vernon's Texas Civil Statutes, is
11-14 amended by adding Section 2.3 to read as follows:
11-15 Sec. 2.3. LICENSED MASSAGE THERAPIST SCOPE OF PRACTICE. A
11-16 person licensed as a licensed massage therapist may only perform
11-17 massage therapy services for which they have received the
11-18 appropriate education and training.
11-19 SECTION 8. Article 4512k, Vernon's Texas Civil Statutes, is
11-20 amended by adding Section 2.4 to read as follows:
11-21 Sec. 2.4. SPECIALTY CERTIFICATION. (a) No registered
11-22 massage therapist or licensed massage therapist shall practice or
11-23 represent that they practice any specialized technique not included
11-24 in the basic or advanced coursework unless they have been certified
11-25 by the department to practice that specialized technique.
12-1 (b) The board, by rule, shall develop criteria by which
12-2 specialized techniques are evaluated so as to determine if the
12-3 technique should be approved as a certified specialty. The board
12-4 shall consider the following in developing criteria for
12-5 certification:
12-6 (1) the appropriateness of the specialized technique
12-7 as a component of massage therapy;
12-8 (2) the content of the curriculum and adequacy and
12-9 length of instruction in the specialized technique;
12-10 (3) the process by which mastery is determined in the
12-11 specialized technique; and
12-12 (4) the legitimacy and reputation of the specialized
12-13 technique among massage therapy professionals and other health care
12-14 providers.
12-15 (c) A registered massage therapist or licensed massage
12-16 therapist shall apply with the department for certification in a
12-17 specialized technique. A registered massage therapist or licensed
12-18 massage therapist may be certified to practice more than one
12-19 specialized technique.
12-20 SECTION 9. Article 4512k, Vernon's Texas Civil Statutes, is
12-21 amended by adding Section 2.5 to read as follows:
12-22 Sec. 2.5. PROHIBITED ACTS. (a) No registered massage
12-23 therapist or licensed massage therapist shall perform massage
12-24 therapy services on an individual without first assessing the
12-25 physical condition of that individual for contraindications to
13-1 massage therapy so as to determine if a medical diagnosis should be
13-2 rendered before performing massage therapy services on that
13-3 individual.
13-4 (b) No registered massage therapist or licensed massage
13-5 therapist shall continue to perform massage therapy services on an
13-6 individual if the registered massage therapist or licensed massage
13-7 therapist knows or has reason to know that the individual may have
13-8 an underlying condition that would contraindicate massage therapy
13-9 and require medical treatment. This subsection does not apply to a
13-10 registered massage therapist or licensed massage therapist
13-11 performing massage therapy services on an individual under the
13-12 direction, supervision or referral of a physician, chiropractor or
13-13 physical therapist or to a registered massage therapist or licensed
13-14 massage therapist performing massage therapy services unrelated to
13-15 a possible underlying condition that might require medical
13-16 treatment.
13-17 (c) No registered massage therapist or licensed massage
13-18 therapist may perform massage therapy, whether or not for
13-19 compensation, at or for a sexually oriented business.
13-20 (d) No individual not licensed or registered under this
13-21 article may use the word "massage" on any sign, display, or other
13-22 form of advertising unless the individual is expressly exempt from
13-23 the licensing or registration requirements of this article.
13-24 (e) No sexually oriented business may use the word "massage"
13-25 on any sign or other form of advertising.
14-1 (f) No person, including those licensed or registered under
14-2 this article, may advertise by combining advertising for a massage
14-3 therapy service with any sexually oriented business including
14-4 escort or dating services, nude or lingerie modeling, adult video
14-5 stores or by referring to any personal physical qualities of the
14-6 practitioners.
14-7 SECTION 10. Section 2A, Article 4512k, Vernon's Texas Civil
14-8 Statutes, is amended to read as follows:
14-9 Sec. 2A. MASSAGE SCHOOLS <, MASSAGE THERAPY INSTRUCTORS,>
14-10 AND MASSAGE PRACTITIONER INTERNSHIPS. (a) Any entity,
14-11 organization, or individual, other than a state-approved
14-12 educational institution, that offers or seeks to offer basic
14-13 coursework for qualification for registration as a registered
14-14 massage therapist or advanced coursework for qualification for
14-15 licensure as a licensed massage therapist, or both, is required to
14-16 register as a <A> massage school <that offers at a minimum, the
14-17 course of instruction required for registration as a massage
14-18 therapist must register> with the department. To receive a
14-19 registration certificate from the department, a <A> massage school
14-20 applicant must meet the minimum standards <of operation>
14-21 established by the board <rule>.
14-22 <(b) A massage therapy instructor must register with the
14-23 department as provided by this Act.>
14-24 <(c) An instructor must meet the minimum requirements
14-25 established by board rule.>
15-1 (b) No massage school shall permit a person to instruct any
15-2 subject unless that person is qualified to offer instruction in
15-3 that subject area as provided by the rules of the board.
15-4 (c) <(d)> A registered massage therapist <An> internship
15-5 <program> shall be conducted in compliance with this article and
15-6 the rules of the board and shall take place on the massage school
15-7 grounds or on other sites <or in a clinic or classroom setting>
15-8 provided by the massage school that have been approved by the
15-9 department <or massage therapy instructor>.
15-10 (d) <(e)> A student must successfully complete all required
15-11 coursework prior to <the requirements of the first 250 hours of
15-12 training at the massage school or with the massage therapy
15-13 instructor before> being eligible to enter the internship
15-14 <program>.
15-15 <(f) A student who is participating in an internship program
15-16 may:>
15-17 <(1) make an appointment with a client;>
15-18 <(2) interview a client;>
15-19 <(3) perform massage therapy;>
15-20 <(4) collect and review a client evaluation with the
15-21 student's supervisor;>
15-22 <(5) perform other tasks necessary to the business of
15-23 providing massage therapy to the public.>
15-24 (e) <(g)> A student who is participating in an internship
15-25 <program> must be under the supervision and direction of a massage
16-1 school <therapy> instructor during the hours that the student is
16-2 engaged in activities related to the internship <working in the
16-3 program>.
16-4 (f) <(h)> An internship <program> shall provide a student
16-5 with a minimum of 40 hours of hands-on massage therapy experience
16-6 and include training in the business aspects of providing massage
16-7 therapy services to the public.
16-8 <(i) An internship program must meet the qualifications
16-9 established by the board with the advice of the advisory council>.
16-10 <(j) The department> <shall regulate all school hours
16-11 provided by a massage school or a massage therapy instructor>.
16-12 (g) <(k)> A massage school <or a massage therapy instructor>
16-13 may not offer a course of instruction for registration as a
16-14 registered massage therapist or licensure as a licensed massage
16-15 therapist which requires the successful completion of more course
16-16 hours than are required by the department for registration as a
16-17 registered massage therapist or licensure as a licensed massage
16-18 therapist under this article <chapter>.
16-19 (h) <(l)> A massage school <or massage therapy instructor>
16-20 registered under this article <chapter> must give each prospective
16-21 student a notice that clearly states the number of course hours
16-22 which must be successfully completed before a student can qualify
16-23 for registration <register> as a registered massage therapist or
16-24 for licensure as a licensed massage therapist under this article
16-25 <chapter>.
17-1 <(m) The notice required by Subsection (l) of this section
17-2 must be given to each prospective student at a time and in a manner
17-3 that provides the student with sufficient opportunity to read the
17-4 notice and discuss it with massage school officials or with the
17-5 massage therapy instructor, if necessary for understanding and
17-6 clarity, before signing an enrollment contract and before the
17-7 massage school or the massage therapy instructor accepts a student
17-8 in a course of study.>
17-9 SECTION 11. Article 4512k, Vernon's Texas Civil Statutes, is
17-10 added Section 2A.1 to read as follows:
17-11 Sec. 2A.1. PROFESSIONAL DEVELOPMENT COURSES. (a) Any
17-12 professional development course in massage therapy offered in this
17-13 state must be approved by the department.
17-14 (b) An individual who intends to conduct a professional
17-15 development course in this state shall apply with the department
17-16 for approval of the course on an application form prescribed by the
17-17 department. The department may require any additional information
17-18 necessary for review of the application. A fee may be charged in
17-19 connection with an application.
17-20 (c) In order to be approved by the department, a
17-21 professional development course shall:
17-22 (1) offer instruction in a subject or technique
17-23 related to massage therapy by an individual or group of individuals
17-24 with expertise in that subject or technique;
17-25 (2) provide for a 100% refund of all tuition or fees
18-1 paid if a participant cancels their registration 24 hours prior to
18-2 the first day of the course; and
18-3 (3) provide for a limited refund of all tuition or
18-4 fees paid if a participant cancels their registration within 24
18-5 hours of the first day of the course, provided that such limited
18-6 refunds are disclosed in the registration material for the course.
18-7 SECTION 12. Section 4, Article 4512k, Vernon's Texas Civil
18-8 Statutes, is amended to read as follows:
18-9 Sec. 4. Exemptions. This article <Act> does not apply to:
18-10 (1) a person who is licensed in this state as a
18-11 physician, chiropractor, physical therapist, nurse, cosmetologist,
18-12 athletic trainer, or member of another similar profession that is
18-13 subject to state licensing, while the person is practicing within
18-14 the scope of the license;
18-15 (2) a school approved by the Central Education Agency
18-16 or that is otherwise approved by the state; <or>
18-17 (3) an instructor who is otherwise approved by the
18-18 state to teach in an area of study included in the required course
18-19 of instruction;<.>
18-20 (4) an employer who is sponsoring a course or course
18-21 of instruction for the training of its own employees and for which
18-22 no tuition is charged to the employees; or
18-23 (5) a trade, business or professional organization
18-24 that sponsors a course or course of instruction for members or
18-25 guests of the association when offered at a meeting or convention
19-1 and when there is no additional charge for such course.
19-2 SECTION 13. Section 6, Article 4512k, Vernon's Texas Civil
19-3 Statutes, is amended to read as follows:
19-4 Sec. 6. Penalty. <(a)> A person commits an offense if that
19-5 person knowingly violates Section 1B, 2.5(d), 2.5(e) or 2.5(f) of
19-6 this article. An offense under this subsection is a Class C
19-7 misdemeanor. However, if it is shown on the trial of an offense
19-8 under this section that the person had been previously convicted
19-9 one or more times of an offense under this section, the offense is
19-10 a Class A misdemeanor <subject to the registration requirements of
19-11 this Act commits an offense if the person knowingly violates
19-12 Section 2, 2A or 5 of this Act>.
19-13 <(b) The owner or operator of a massage establishment
19-14 commits an offense if that person knowingly violates Section 2B or
19-15 5 of this Act.>
19-16 <(c) The owner or operator of a massage school commits an
19-17 offense if that person knowingly violates Section 2A or 5 of this
19-18 Act>.
19-19 <(d) An offense under this section is a Class C misdemeanor.
19-20 However, if it is shown on the trial of an offense under this
19-21 section that the person had been previously convicted one or more
19-22 times of an offense under this section, the offense is a Class A
19-23 misdemeanor.>
19-24 <(e) person subject to the registration requirements of this
19-25 Act commits an offense if the person collects a fee or other form
20-1 of compensation for massage therapy without being registered under
20-2 this Act.>
20-3 SECTION 14. Section 7A, Article 4512k, Vernon's Texas Civil
20-4 Statutes, is amended to read as follows:
20-5 Sec. 7A. <BOARD RULES> MASSAGE SCHOOL <SCHOOLS> STANDARDS.
20-6 The board shall develop rules on <relating to a massage schools
20-7 must contain minimum> standards for massage schools. Standards
20-8 shall be developed for:
20-9 (1) the issuance, denial, renewal, suspension,
20-10 probation, or revocation of a registration certificate under this
20-11 article <Act>;
20-12 (2) the qualifications and supervision of professional
20-13 and instructional personnel;
20-14 (3) the supervision of students by professional and
20-15 instructional personnel;
20-16 (4) the equipment essential to the education, health,
20-17 and safety of students, school personnel, and the public;
20-18 (5) the safety and sanitary <and hygienic> condition
20-19 of a school;
20-20 (6) the provision of massage therapy by a school or a
20-21 student;
20-22 (7) the maximum number of hours a student may
20-23 accumulate in a school's internship program without being required
20-24 register under this article <Act>;
20-25 (8) the maintenance of educational and clinical
21-1 records <kept> by a school;
21-2 (9) the organizational structure of a school,
21-3 including the lines of authority and the delegation of
21-4 responsibility;
21-5 <(10) fire prevention and safety within a school;>
21-6 (10) <(11)> the schools' curriculum and educational
21-7 materials;
21-8 (11) <(12)> school inspections; and
21-9 (12) <(13)> any other aspect of the operation of a
21-10 school that the board considers necessary to protect students,
21-11 school personnel, or the public.
21-12 SECTION 15. Section 7D, Article 4512k, Vernon's Texas Civil
21-13 Statutes, is amended to read as follows:
21-14 Sec. 7D. REGULATION OF <BOARD RULES FOR> REGISTERED MASSAGE
21-15 THERAPISTS AND LICENSED MASSAGE THERAPISTS. The board shall
21-16 develop rules governing <relating to a massage therapist must
21-17 contain minimum> standards of practice for registered massage
21-18 therapists and licensed massage therapists. Rules shall be
21-19 developed for:
21-20 (1) the issuance, denial, renewal, suspension,
21-21 revocation, or probation of a registered massage therapist
21-22 registration certificate and a licensed massage therapist license
21-23 under this article <Act>;
21-24 <(2) the qualifications of a massage therapist;>
21-25 (2) <(3)> the sanitary and hygienic conditions of the
22-1 physical environment in which a registered massage therapist or a
22-2 licensed massage therapist practices massage therapy;
22-3 (3) <(4)> the maintenance and inspection of records
22-4 kept by a registered massage therapist and a licensed massage
22-5 therapist;
22-6 (4) <(5)> the maintenance and inspection of the
22-7 <records,> equipment used by <, and the sanitary and hygienic
22-8 conditions of the physical environment in which> a registered
22-9 massage therapist or a licensed massage therapist practicing
22-10 <practices> massage therapy; and
22-11 (5) <(6)> any other aspect of the practice of a
22-12 registered massage therapist or licensed massage therapist
22-13 necessary to protect the public.
22-14 SECTION 16. Section 8, Article 4512k, Vernon's Texas Civil
22-15 Statutes, is amended to read as follows:
22-16 Sec. 8. Advisory Council. (a) The Advisory Council on
22-17 Massage Therapy is created as an advisory council to the
22-18 department.
22-19 (b) The advisory council shall be <is> composed of nine
22-20 members appointed by the board <of health>. Two <Five> members
22-21 must be registered massage therapists <regulated under this Act>;
22-22 two members must licensed massage therapists; one member shall be
22-23 an owner of a massage school; <one member must be a licensed
22-24 chiropractor,> one member must be a <licensed> physician
22-25 specializing in physical medicine neurology or orthopaedics; and
23-1 two members must be representatives of the general public.
23-2 (c) Members of the advisory council shall serve <hold office
23-3 for> staggered terms of six years. Three members' terms expire
23-4 September 1 of each odd-numbered year. In the event of a vacancy
23-5 during a term, the board shall appoint a replacement who meets the
23-6 qualifications of the vacated office to fill the unexpired portion
23-7 of the term.
23-8 (d) A member of the advisory council may not receive
23-9 compensation for serving on the council, but is entitled to receive
23-10 the state per diem allowance as set by <the legislature in> the
23-11 General Appropriations Act for transportation and related expenses
23-12 incurred for each day the member engages in the business of the
23-13 council.
23-14 (e) A person who is required to register as a lobbyist under
23-15 Chapter 305, Government Code, may not serve as a member of the
23-16 advisory council. A person is not eligible for appointment as a
23-17 public member of the advisory council if the person or the person's
23-18 spouse:
23-19 (1) is registered, certified, or licensed by an
23-20 occupational regulatory agency in the field of health care;
23-21 (2) is employed by or participates in the management
23-22 of a business entity or other organization regulated by the
23-23 department or receiving funds from the department;
23-24 (3) owns or controls, directly or indirectly, more
23-25 than a 10 percent interest in a business entity or other
24-1 organization regulated by the department or receiving funds from
24-2 the department; or
24-3 (4) uses or receives a substantial amount of tangible
24-4 goods, services, or funds from the department.
24-5 (f) The advisory council is subject to the open meetings
24-6 law, Chapter 552.001 et. seq., Texas Government Code, <Chapter 271,
24-7 Acts of the 60th Legislature, Regular Session, 1967 (Article
24-8 6252-17, Vernon's Texas Civil Statutes),> and the Administrative
24-9 Procedure <and Texas Register> Act, <(Article 6252-13a, Vernon's
24-10 Texas Civil Statutes)> Chapter 2001.001, et. seq., Government
24-11 Code.
24-12 (g) A member of the advisory council is not liable to civil
24-13 action for any act performed in good faith in the execution of
24-14 duties as a council member.
24-15 (h) A massage therapist member of the advisory council may
24-16 not be a member of another profession regulated or licensed by this
24-17 state.
24-18 (i) It is a ground for removal from the advisory council if
24-19 a member:
24-20 (1) does not have the qualifications required for
24-21 appointment to the advisory council;
24-22 (2) does not maintain the qualifications required for
24-23 appointment to the advisory council during service on the advisory
24-24 council;
24-25 (3) violates a prohibition contained in Section 4 of
25-1 this article;
25-2 (4) cannot discharge the member's duties for a
25-3 substantial part of the term for which the member is appointed
25-4 because of illness or disability; or
25-5 (5) is absent from more than half of the regularly
25-6 scheduled advisory council meetings that the member is eligible to
25-7 attend during a calendar year unless the absence is excused by
25-8 majority vote of the advisory council.
25-9 (j) If the department has knowledge that a potential ground
25-10 for removal exists, the department shall notify the chair of the
25-11 board of the ground. The chair of the board shall determine if a
25-12 potential ground for removal exists. If a ground for removal does
25-13 exist, the chair of the board shall remove that person from the
25-14 advisory council. The validity of an action by the advisory
25-15 council is not affected by the fact that it is taken when a ground
25-16 for removal of a advisory council member exists.
25-17 (k) The department shall provide an orientation for the
25-18 members of the advisory council. The orientation shall provide the
25-19 following information to advisory council members:
25-20 (1) the provisions of this article;
25-21 (2) the duties and responsibilities of the department
25-22 and of the board regarding administration of this article;
25-23 (3) the revenue generated from and budget for
25-24 administration of this article; and
25-25 (5) the requirements of the:
26-1 (A) open meetings law, Chapter 551.001 et. seq,
26-2 Government Code;
26-3 (B) open records law, Chapter 552.001 et. seq,
26-4 Government Code; and
26-5 (C) Administrative Procedure Act, Chapter
26-6 2001.001 et. seq, Government Code;
26-7 <(i) The advisory council shall report attendance to the
26-8 board.>
26-9 SECTION 17. Section 9, Article 4512k, Vernon's Texas Civil
26-10 Statutes, is amended to read as follows:
26-11 Sec. 9. Powers and Duties of the Advisory Council. (a) The
26-12 advisory council shall assist the board with development of rules
26-13 to implement the provisions of this article including, but not
26-14 limited to: <by rule shall prescribe application forms and
26-15 registration fees. The advisory council shall set the fees in
26-16 amounts reasonable and necessary to administer this Act.>
26-17 (1) application forms;
26-18 (2) general coursework content and minimum number of
26-19 hours necessary in each subject listed in Sections 2(b)(1) and
26-20 2.2(?) of this article;
26-21 (3) examinations;
26-22 (4) fees for services provided by the department in
26-23 amounts sufficient to meet the expenses of administering this
26-24 article;
26-25 (5) consumer information describing procedures by
27-1 which consumer complaints may be filed with and resolved by
27-2 department;
27-3 (6) evaluation and approval of professional
27-4 development courses; and
27-5 (7) development of criteria for evaluation of
27-6 specialized techniques for the purpose of certification.
27-7 (b) The advisory council shall meet at least four times
27-8 <twice> a year. Additional meetings may be held at the call of the
27-9 presiding officer or on the written request of any three members of
27-10 the council.
27-11 <(c) The advisory council shall keep a complete record of
27-12 all registered massage therapists and shall annually prepare a
27-13 roster showing the names and addresses of all registered massage
27-14 therapists. A copy of the roster shall be available to any person
27-15 requesting it on payment of a fee set by the council in an amount
27-16 sufficient to cover the costs of distribution of the roster.>
27-17 SECTION 18. Section 10, Article 4512k, Vernon's Texas Civil
27-18 Statutes, is amended to read as follows:
27-19 Sec. 10. ISSUANCE OF REGISTRATION CERTIFICATES AND LICENSES;
27-20 PROVISIONAL REGISTRATIONS. (a) The department shall issue a
27-21 registration certificate or license to each <qualified> applicant
27-22 who has completed an application, paid the required fees, provided
27-23 the required evidence of their education or professional
27-24 experience, as applicable, and any other information required by
27-25 the department, and has passed the appropriate examination <To be
28-1 qualified for a registration certificate, an applicant for
28-2 registration as a massage therapist must pass the practical and
28-3 written portions of the state examination>. Registration
28-4 certificates and licenses shall be issued to applicants within 30
28-5 days upon successful completion of the examination. A picture of
28-6 the registrant or licensee shall not be required to appear on the
28-7 registration certificate or license.
28-8 (b) A person issued a registration certificate or license by
28-9 the department shall display the registration certificate or
28-10 license in an appropriate public manner as specified by the board.
28-11 Each registered massage therapist and licensed massage therapist
28-12 must post their registration certificate or license in a
28-13 conspicuous place in any facility in which the registrant or
28-14 licensee performs services. If a registrant or licensee does not
28-15 perform services at a fixed location, the registrant or licensee
28-16 shall carry the registration certificate or license with them when
28-17 they are performing massage therapy services. Each massage school,
28-18 registered massage therapist and licensed massage therapist shall
28-19 display their registration certificate or license on the request of
28-20 the department, an authorized representative of the department, or
28-21 a peace officer.
28-22 <(c) The issuance of a registration certificate grants all
28-23 professional rights, honors, and privileges relating to the
28-24 practice of massage therapy.>
28-25 (c) <(d)> A registration certificate or license is the
29-1 property of the department and must be surrendered on demand.
29-2 (d) <(e)> A person issued a registration certificate or
29-3 license by the department may receive referrals or prescriptions
29-4 from a physician or referrals from a chiropractor or physical
29-5 therapist to administer massage therapy<.>; however, neither a
29-6 referral nor a prescription is required in order for a registrant
29-7 or licensee to perform massage therapy services on an individual
29-8 for the purpose of general wellness or for a purpose unrelated to a
29-9 possible underlying condition that might require medical treatment.
29-10 Nothing in this article affects the ability of a physician to
29-11 delegate medical acts under the authority of the Medical Practice
29-12 Act.
29-13 (e) <(f)> The department may <shall> issue a provisional
29-14 <temporary> registered massage therapist registration certificate
29-15 to an applicant <for registration> who has <complied> qualified
29-16 <with the education and experience requirements> for <registration>
29-17 the registered massage therapist examination under Section 2(b) of
29-18 this article. A provisional registration certificate is only valid
29-19 <A temporary registration certificate is valid for six months,>
29-20 until <the applicant is issued a massage therapist registration
29-21 after> successful completion of the first examination for which the
29-22 applicant is eligible, or until the applicant is notified by the
29-23 department that the applicant has failed the first examination for
29-24 which the applicant was eligible <, whichever is later>. The
29-25 department may assess a reasonable fee for a provisional
30-1 <temporary> registration certificate. A provisional license may
30-2 not be issued to an individual applying for licensure as a licensed
30-3 massage therapist unless that individual is currently registered as
30-4 a registered massage therapist in good standing with the
30-5 department.
30-6 SECTION 19. Section 11, Article 4512k, Vernon's Texas Civil
30-7 Statutes, is amended to read as follows:
30-8 Sec. 11. <REGISTRATION,> DENIAL, PROBATION, SUSPENSION, OR
30-9 REVOCATION. (a) The department may refuse to issue a registration
30-10 certificate or license to an applicant, may suspend or revoke a
30-11 registration certificate or license, or may place a registrant or
30-12 licensee <registered person>, including a massage school, <massage
30-13 therapy instructor, or massage establishment> on probation for any
30-14 of the following:
30-15 (1) obtaining a registration certificate or license by
30-16 means of fraud, misrepresentation, or concealment of material
30-17 facts;
30-18 (2) selling, bartering, or offering <offer> to sell or
30-19 barter a registration certificate or license;
30-20 (3) violating any rule adopted by the board;
30-21 (4) engaging in unprofessional conduct that has
30-22 endangered or is likely to endanger the health, welfare, or safety
30-23 of the public as defined by the rules established by the board;
30-24 (5) violating a regulation adopted by a political
30-25 subdivision under Chapter 243, Local Government Code; <or>
31-1 (6) violating any provisions of this article <Act.>;
31-2 or
31-3 (7) using drugs or alcohol to an extent that affects
31-4 professional competence;
31-5 (8) having been convicted of, entered a plea of nolo
31-6 contendere or guilty to, or received deferred adjudication or
31-7 community supervision for an offense involving prostitution or a
31-8 sexual offense; or
31-9 (9) in the case of a massage school, having conduct
31-10 occur on the premises of the school which results in any person's
31-11 conviction of, the entering of a plea of nolo contendere or guilty
31-12 to, or receipt of deferred adjudication or community supervision
31-13 for an offense involving prostitution or a sexual offense.
31-14 (b) In determining whether a conviction, plea, deferred
31-15 adjudication, or community supervision under Subsection (a)(8) or
31-16 Subsection (a)(9) of this section should be the cause for denial,
31-17 probation, suspension, or revocation, the department shall
31-18 consider:
31-19 (1) the nature of the seriousness of the crime;
31-20 (2) the relationship of the crime to the purpose for
31-21 requiring a registration certificate or license;
31-22 (3) the extent to which a registration certificate or
31-23 license might offer an opportunity to engage in further criminal
31-24 activity of the same type as that in which the person previously
31-25 had been involved;
32-1 (4) the relationship of the crime to the ability,
32-2 capacity, or fitness required to perform as a registered massage
32-3 therapist, licensed massage therapist or massage school. <An
32-4 individual who has been convicted of, entered a plea of nolo
32-5 contendere or guilty to, or receiving deferred adjudication to
32-6 crimes and offenses involving prostitution or sexual offenses is
32-7 ineligible for registration as a massage therapist, massage therapy
32-8 instructor, massage school, or massage establishment. The
32-9 department shall revoke the registration of a person registered as
32-10 a massage therapist or a massage therapy instructor who is
32-11 convicted of, entered a plea of nolo contendere or guilty to, or
32-12 receiving deferred adjudication to crimes and offenses involving
32-13 prostitution or other sexual offenses, or who the department
32-14 determines has practiced or administered massage therapy at or for
32-15 a sexually oriented business. The department shall revoke the
32-16 registration of a person registered as a massage school or massage
32-17 establishment if the department determines that the school or
32-18 establishment is a sexually oriented business, or that a crime or
32-19 offense involving prostitution or other sexual offenses and
32-20 resulting in a conviction, or to which a plea of nolo contendere or
32-21 guilty was entered or deferred adjudication was received, has
32-22 occurred on the premises of the school or establishment.>
32-23 (c) In addition to the factors considered under Subsection
32-24 (b) of this section, the department, in determining the present
32-25 fitness of a person under Subsection (a)(8) or Subsection (a)(9) of
33-1 this section, shall consider the following evidence:
33-2 (1) the extent and nature of the person's past
33-3 criminal activity;
33-4 (2) age of the person at the time of the commission of
33-5 the crime;
33-6 (3) the amount of time that has elapsed since the
33-7 person's last criminal activity;
33-8 (4) the conduct and work activity of the person prior
33-9 to and following the criminal activity;
33-10 (5) evidence of the person's rehabilitation or
33-11 rehabilitative effort while incarcerated or following release; and
33-12 (6) other evidence of the person's present fitness,
33-13 including letters of recommendation from prosecution, law
33-14 enforcement, and correctional officers who prosecuted, arrested or
33-15 had custodial responsibility for the person; the sheriff and chief
33-16 of police in the community where the person resides; and any other
33-17 persons.
33-18 (d) It shall be the responsibility of the applicant,
33-19 registrant or licensee to the extent possible to secure and provide
33-20 to the department the recommendations of the prosecution, law
33-21 enforcement, and correctional authorities. The applicant,
33-22 registrant or licensee shall also furnish proof in such form as may
33-23 be required by the department that he or she has maintained a
33-24 record of steady employment; has supported his or her dependents;
33-25 has otherwise maintained a record of good conduct and has paid all
34-1 outstanding court costs, supervision fees, fines, and restitution
34-2 as may have been ordered in all criminal cases.
34-3 (e) Under Subsection (a)(8) and Subsection (a)(9) of this
34-4 section, the conviction, plea, deferred adjudication or community
34-5 supervision may be considered by the department, notwithstanding
34-6 the Code of Criminal Procedure, Article 42.12. Sections 5(c) and
34-7 20(a).
34-8 (f) <(c)> A person whose application for registration or
34-9 licensure is denied, or whose registration certificate or license
34-10 is probated, suspended or revoked is entitled to a hearing before
34-11 the department if the person submits a written request to the
34-12 department. Hearings are governed by department rules for a
34-13 contested hearing and by the Administrative Procedure <and Texas
34-14 Register> Act, Chapter 2001.001 et. seq, Government Code <(Article
34-15 6252-13a, Vernon's Texas Civil Statutes)>.
34-16 <(d) A person convicted of a violation of this Act is
34-17 ineligible for registration as a massage therapist, massage therapy
34-18 instructor, massage school or massage establishment for a period of
34-19 five years.>
34-20 SECTION 20. Article 4512k, Vernon's Texas Civil Statutes, is
34-21 amended by adding Section 11A to read as follows:
34-22 Sec. 11A. ADMINISTRATIVE PENALTIES. (a) The department may
34-23 impose an administrative penalty against a person registered or
34-24 licensed under this article who violates this article or a rule or
34-25 order adopted under this article.
35-1 (b) The penalty for a violation may be in an amount not to
35-2 exceed $1,000. Each day that a violation continues or occurs is a
35-3 separate violation for the purposes of imposing a penalty.
35-4 (c) The amount of the penalty shall be based on:
35-5 (1) the seriousness of the violation, including the
35-6 nature, circumstances, extent, and gravity of any prohibited acts,
35-7 and the hazard or potential hazard created to the health, safety,
35-8 or welfare of the public;
35-9 (2) the history of any previous violations;
35-10 (3) the amount necessary to deter future violations;
35-11 (4) efforts to correct the violation; and
35-12 (5) any other matter that justice may require.
35-13 (d) If the department determines that a violation has
35-14 occurred, the department may issue a report to the commissioner
35-15 that states the facts on which the determination is based. The
35-16 department shall make a recommendation on the imposition of a
35-17 penalty, including a recommendation on the amount of the penalty.
35-18 (e) Within 14 days after the date on which the report is
35-19 issued, the department shall give written notice of the report to
35-20 the person who committed the alleged violation. The notice may be
35-21 given by certified mail. The notice must include a brief summary
35-22 of the alleged violation and a statement of the amount of the
35-23 recommended penalty and must inform the person that the person has
35-24 a right to a hearing on the occurrence of the violation, the amount
35-25 of the penalty, or both the occurrence of the violation and the
36-1 amount of the penalty.
36-2 (f) Within 20 days after the date the person receives the
36-3 notice, the person in writing may accept the determination and
36-4 recommended penalty of the department or may make a written request
36-5 for a hearing on the occurrence of the violation, the amount of the
36-6 penalty, or both the occurrence of the violation and the amount of
36-7 the penalty.
36-8 (g) If the person accepts the determination and recommended
36-9 penalty of the department, the department shall issue an order and
36-10 impose the recommended penalty.
36-11 (h) If the person requests a hearing or fails to respond
36-12 timely to the notice, the department shall set a hearing and give
36-13 notice of the hearing to the person. The hearing shall be held by
36-14 an administrative law judge of the State Office of Administrative
36-15 Hearings. The administrative law judge shall make findings of fact
36-16 and conclusions of law and promptly issue to the department a
36-17 proposal for a decision about the occurrence of the violation and
36-18 the amount of the penalty. Based on the findings of fact,
36-19 conclusions of law, and proposal for a decision, the department by
36-20 order may find the that a violation has occurred and impose a
36-21 penalty or may find that no violation occurred.
36-22 (i) The notice of the department's order given to the person
36-23 under the Administrative Procedure Act (Chapter 2001.001 et. seq,
36-24 Government Code) must include a statement of the right of the
36-25 person to judicial review of the order.
37-1 (j) Within 30 days after the date the department's order is
37-2 final as provided by Section 16(c), the Administrative Procedure
37-3 Act (Chapter 2001.001 et. seq, Government Code), the person shall:
37-4 (1) pay the amount of the penalty;
37-5 (2) pay the amount of the penalty and file a petition
37-6 for judicial review contesting the occurrence of the violation, the
37-7 amount of the penalty, or both the occurrence of the violation and
37-8 the amount of the penalty; or
37-9 (3) without paying the amount of the penalty, file a
37-10 petition for judicial review contesting the occurrence of the
37-11 violation, the amount of the penalty, or both the occurrence of the
37-12 violation and the amount of the penalty.
37-13 (k) Within the 30-day period, a person who acts under the
37-14 subsection (j)(3) of this section may:
37-15 (1) stay enforcement of the penalty by:
37-16 (A) paying the amount of the penalty to the
37-17 court for placement in an escrow account; or
37-18 (B) giving to the court a supercedes bond
37-19 approved by the court for the amount of the penalty and that is
37-20 effective until all judicial review of the department's order is
37-21 final; or
37-22 (2) request the court to stay enforcement of the
37-23 penalty by:
37-24 (A) filing with the court a sworn affidavit of
37-25 the person stating that the person is financially unable to pay the
38-1 amount of the penalty and is financially unable to give the
38-2 supercedes bond; and
38-3 (B) giving a copy of the affidavit to the
38-4 executive secretary by certified mail.
38-5 (l) If the department receives a copy of an affidavit
38-6 under subsection (k)(2) of the section may file, with the court
38-7 within five days after the date the copy is received, a contest to
38-8 the affidavit. The court shall hold a hearing on the facts alleged
38-9 in the affidavit as soon as practicable and shall stay the
38-10 enforcement of the penalty on finding that the alleged facts are
38-11 true. The person who files an affidavit has the burden of proving
38-12 that the person is financially unable to pay the amount of the
38-13 penalty and to give a supercedes bond.
38-14 (m) If the person does not pay the amount of the penalty and
38-15 the enforcement of the penalty is not stayed, the department may
38-16 refer the matter to the attorney general for collection of the
38-17 penalty.
38-18 (n) Judicial review of the order of the department:
38-19 (1) is instituted by filing a petition as provided in
38-20 Section 19 of the Administrative Procedure Act (Chapter 2001.001
38-21 et. seq, Government Code); and
38-22 (2) is under the substantial evidence rule.
38-23 (o) If the court sustains the occurrence of the violation,
38-24 the court may uphold or reduce the amount of the penalty and order
38-25 the person to pay the full or reduced amount of the penalty. If
39-1 the court does not sustain the occurrence of the violation, the
39-2 court shall order that no penalty is owed.
39-3 (p) When the judgment of the court becomes final, the court
39-4 shall proceed under this subsection. If the person paid the amount
39-5 of the penalty and if that amount is reduced or is not upheld by
39-6 the court, the court shall order that the appropriate amount plus
39-7 accrued interest be remitted to the person. The rate of interest
39-8 is the rate charged on loans to depository institutions by the New
39-9 York Federal Reserve Bank, and the interest shall be paid for the
39-10 period beginning on the date the penalty was paid and ending on the
39-11 date the penalty is remitted. If the person gave a supercedes bond
39-12 and if the amount of the penalty is not upheld by the court, the
39-13 court shall order the release of the bond. If the person gave a
39-14 supercedes bond and if the amount of the penalty is reduced, the
39-15 court shall order the release of the bond after the person pays the
39-16 amount.
39-17 (q) A penalty collected under this section shall be remitted
39-18 to the comptroller for deposit in the general revenue fund.
39-19 (r) All proceedings under this section are subject to the
39-20 Administrative Procedure Act (Chapter 2001.001 et. seq, Government
39-21 Code).
39-22 SECTION 21. Section 12, Article 4512k, Vernon's Texas Civil
39-23 Statutes, is amended to read as follows:
39-24 Sec. 12. RENEWAL OF REGISTRATION CERTIFICATES AND LICENSES.
39-25 (a) Registration or licensure under this article <Act> is subject
40-1 to annual <periodic> renewal and expires unless the registrant or
40-2 licensee <registered person> submits an application for renewal
40-3 accompanied by the renewal fee.
40-4 (b) The department shall adopt a system under which
40-5 registrations and licenses expire and are renewed on various dates
40-6 of the year. Initial registration and license fees shall be
40-7 prorated so that a registrant or licensee <registered person> pays
40-8 for only that part of the renewal period for which the registration
40-9 or license is issued until the expiration date of the registration
40-10 or license.
40-11 (c) A person registered as a registered massage therapist
40-12 or licensed as a licensed massage therapist under this article
40-13 <Act> who does not renew the registration certificate or license by
40-14 the expiration date may renew the registration or license not later
40-15 than the first anniversary of the expiration date by meeting the
40-16 requirements set forth in this section and paying a late penalty
40-17 fee.
40-18 (d) The registration certificate or license of a person who
40-19 fails to meet the renewal requirements of this section is void.
40-20 Such a person must submit a new application, pay the appropriate
40-21 fees, and meet the current requirements for registration or
40-22 licensure. The department shall determine whether a person
40-23 applying for registration or licensure under this subsection must
40-24 take the appropriate examination in conjunction with the new
40-25 application based upon the rules of the board.
41-1 SECTION 22. Section 14, Article 4512k, Vernon's Texas Civil
41-2 Statutes, is amended to read as follows:
41-3 Sec. 14. Effect on Local Regulation. (a) Except as
41-4 provided by Subsection (b) of this section, this article <Act>
41-5 supersedes any regulation adopted by a political subdivision of
41-6 this state relating to the licensing or regulation of registered
41-7 massage therapists or licensed massage therapists.
41-8 (b) This article <Act> does not affect<:>
41-9 <(1) local regulations relating to zoning requirements
41-10 for massage establishments or other similar regulations;>
41-11 <(2) any local regulations that authorize or require
41-12 an investigation into the background of an owner or operator of, an
41-13 investor in, a massage establishment; or>
41-14 <(3)> any local regulations that do not relate
41-15 directly to the practice of massage therapy as performed by a
41-16 registered massage therapist or licensed massage therapist
41-17 including those professions listed under Section 4 of this article
41-18 <Act> while performing duties under their respective licensing Acts
41-19 <while working with a registered massage therapist>.
41-20 (c) Except as provided by Chapter 243, Local Government
41-21 Code, a political subdivision may not adopt regulations of the type
41-22 listed in Subsection (b) of this section that are more restrictive
41-23 for registered massage therapists or licensed massage therapists
41-24 <or massage establishments> than for other health care
41-25 professionals <or establishments>.
42-1 SECTION 23. Section 17, Article 4512k, Vernon's Texas Civil
42-2 Statutes, is amended to read as follows:
42-3 Sec. 17. Inspections and Investigations. The department or
42-4 its authorized representative may enter the premises of a
42-5 registration or license applicant or registration or license holder
42-6 at reasonable times to conduct an inspection incidental to the
42-7 issuance of a registration or license and at other times as the
42-8 department considers necessary to ensure compliance with this
42-9 article <Act> and the rules adopted under this article <Act>.
42-10 SECTION 24. Section 19, Article 4512k, Vernon's Texas Civil
42-11 Statutes, is amended to read as follows:
42-12 Sec. 19. Memorandum of Understanding. If the department
42-13 enters into a memorandum of understanding with another state agency
42-14 <the Central Education Agency> for the regulation of massage
42-15 schools, the memorandum shall<:>
42-16 <(1) be adopted by rule, subject to the Administrative
42-17 Procedure and Texas Register Act; and>
42-18 <(2)> require that the total of the fees charged by
42-19 the department and by the other state agency <Central Education
42-20 Agency> for the registration of a massage school not exceed the
42-21 fees which would be charged by the department for the registration
42-22 of the massage school in the absence of the memorandum.
42-23 SECTION 25. TRANSITION. (a) The board shall adopt the
42-24 rules in effect on the effective date of this Act for use until
42-25 such time as the board has adopted rules to succeed those rules,
43-1 except that any rules relating to provisions in this article that
43-2 have been repealed or amended in this Act shall be amended to
43-3 reflect such repeal or amendment.
43-4 (b) Each registered massage school that intends to offer
43-5 advanced coursework shall be prepared to offer advanced coursework
43-6 six months following final adoption of the advanced coursework
43-7 requirements. A registered massage school who does not intent to
43-8 offer advanced coursework at the end of the six month period
43-9 following final adoption of the advanced coursework requirements
43-10 shall notify the department prior to the end of the six month
43-11 period. A registered massage school that initially elects not to
43-12 offer advanced coursework is not prohibited from offering advanced
43-13 coursework at some future date.
43-14 (c) A person who is a registered massage therapist in good
43-15 standing with the department may apply to take the first licensed
43-16 massage therapist examination offered without first taking the
43-17 required advanced coursework. The opportunity to sit for this
43-18 examination under these circumstances shall only apply to those
43-19 persons who are registered massage therapists in good standing with
43-20 the department at the time the examination is first offered by the
43-21 department.
43-22 (d) On the first renewal date of a registration certificate
43-23 of an individual registered as an independent massage therapy
43-24 instructor as of September 1, 1995, the individual shall be given
43-25 the option of being issued a registration certificate as a massage
44-1 school.
44-2 (e) The terms of the members of the Advisory Council serving
44-3 on September 1 are terminated as of that date. The board shall
44-4 appoint new Advisory Council members by January 1, 1996.
44-5 SECTION 26. REPEALER. Sections 2B, 3, 5, 7, 7B, 7C, and 16,
44-6 Article 4512k, Vernon's Texas Civil Statutes, are repealed.
44-7 SECTION 27. EFFECTIVE DATE. This Act takes effect September
44-8 1, 1995.
44-9 SECTION 28. EMERGENCY. The importance of this legislation
44-10 and the crowded condition of the calendars in both houses create an
44-11 emergency and an imperative public necessity that the
44-12 constitutional rule requiring bills to be read on three several
44-13 days be suspended, and this rule is hereby suspended.