SRC-SLL H.B. 727 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 727
By: Van de Putte (Gallegos)
Health & Human Services
5-13-97
Engrossed


DIGEST 

The massage therapy profession, which includes the practice of massage
therapy and massage therapy education, is regulated by the Texas
Department of Health (department).  To become a registered massage
therapist a person must successfully complete the required state-approved
300hour course of instruction as offered at private and junior or
community college massage schools and by independent massage therapy
instructors.  A registered massage therapist must also pass a written and
practical exam administered by the department.  This bill will provide
regulations for massage therapy and provide penalties. 

PURPOSE

As proposed, H.B. 727 provides regulations for massage therapy and
provides penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 3
(Section 2(c), Article 4512k, V.T.C.S.) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 4512k, V.T.C.S., to redefine "massage
therapy," "massage therapist," "massage therapy instructor," "massage
school," "instructor," "applicant," and "internship program."  Defines
"commissioner," "independent massage therapy instructor," "advanced
program," and "advanced program presenter."  Deletes the definition of
"advisory council." 

SECTION 2. Amends Article 4512k, V.T.C.S., by adding Section 1B, as
follows: 

Sec.  1B.  REGISTRATION REQUIRED.  Prohibits a person from practicing
massage therapy or representing to the public that the person practices
massage therapy unless the person is registered under this Act or exempt
under Section 4 of this Act.  Prohibits a person from using the title of
"massage therapist" or "registered massage therapist" or the initials
"R.M.T." unless the person is registered as provided under this Act. 

SECTION 3. Amends Section 2, Article 4512k, V.T.C.S., as follows:

Sec.  2.  New heading: MASSAGE THERAPIST REGISTRATION REQUIREMENTS.
Requires an applicant for registration as a massage therapist to meet
certain requirements. Requires a person applying to take the examination
required for registration as a massage therapist to present evidence that
the person has met certain requirements.  Sets forth regulations for the
300-hour course of instruction in massage therapy studies required for
registration under this Act.  Requires the board to adopt rules that
specify general course content and the minimum number of hours of
instruction required in each of the subjects. Authorizes only course work
taught by a massage school or independent massage therapy instructor
(independent instructor) to qualify for credit under Subsection (b)(1) of
this section, except that the Texas Department of Health (department) may
accept massage therapy course work taken outside of this state to satisfy
one or more of the subject requirements contained in Subsection (c) of
this section if the out-of-state course work is equivalent to the course
work required by the department.  Prohibits  a massage therapist  from
preforming massage therapy at or for a sexually oriented business
regardless of whether the massage therapist receives compensation or not.
Makes conforming changes. 

SECTION 4. Amends Section 2A, Article 4512k, V.T.C.S., as follows:

Sec.  2A.  New heading: MASSAGE SCHOOLS, INDEPENDENT MASSAGE THERAPY
INSTRUCTORS, AND INTERNSHIPS.  Requires a person that offers the 300-hour
course of instruction required for registration as a massage therapist or
an advanced program to register with the department as a massage school or
as an independent instructor.  Authorizes a massage school or an
independent instructor to only provide a 300-hour course of instruction
that is approved by the department.  Requires a massage therapy instructor
employed or retained by a massage school to register with the department
as provided by this Act.  Requires a student who is participating in an
internship program conducted by an independent instructor to be under the
supervision of that instructor during the hours the student is working in
the internship program.  Requires a massage school or  independent
instructor to notify the department of any advanced program to be offered
by the school or instructor for placement on the massage therapy advanced
program registry.  Requires the credentials of the advanced program
presenter to be submitted to the department with the notification.
Requires an advanced program presenter to have the experience and
credentials necessary to provide effective instruction in the topic
covered in the advanced program. Provides that an advanced program
presenter is not required to be a registered massage therapist under this
Act.  Makes conforming and nonsubstantive changes. 

SECTION 5. Amends Section 4, Article 4512k, V.T.C.S., to provide that this
Act does not apply to an employer that sponsors a course of instruction,
other than the 300-hour course of instruction required for registration as
a massage therapist, for training the employer's employees and for which
no tuition is charged to the employees; or a trade, business, or
professional organization that sponsors a course of instruction for
members or guests of the organization at a meeting or convention if the
course is not offered for a fee.  Deletes existing text regarding a school
approved by the Central Education Agency or an instructor who is otherwise
approved by the state. 

SECTION 6. Amends Sections 7(a), (b), (d)-(f), Article 4512k, V.T.C.S., to
authorize the department to adopt fees for those regulated by this Act in
amounts necessary to cover the costs of administering this Act.  Makes
conforming and standard recodification changes.  

SECTION 7. Amends Section 7C, Article 4512k, V.T.C.S., as follows:

Sec.  7C.  New heading: BOARD RULES FOR INDEPENDENT MASSAGE THERAPY
INSTRUCTORS. Makes conforming changes. 

SECTION 8. Amends Section 11, Article 4512k, V.T.C.S., to authorize the
department to take certain actions against a massage school, an
independent instructor, a massage therapy instructor, or a massage
establishment for certain reasons.  Requires the department to consider
certain factors in determining whether a conviction, plea, deferred
adjudication, or community supervision under Subsection (a)(8) or (a)(9)
of this section shall be the basis to deny, probate, suspend or revoke a
certificate of registration.  Requires the department to consider certain
factors in addition to the factors considered under Subsection (b) in
determining the fitness of a person under Subsection (a)(8) or (a)(9) of
this section.  Provides that it is the responsibility of the applicant or
registrant, to the extent possible, to provide to the department the
recommendations of prosecution, law enforcement, and correctional
authorities.  Requires the applicant or registrant to also furnish proof
of certain facts in the form required by the department.  Authorizes a
conviction, a plea, deferred adjudication, or community supervision to be
considered by the department under Subsection (a)(8) or (a)(9) of this
section notwithstanding Sections 5(c) and 20(a), Article 42.12, Code of
Criminal Procedure.  Deletes existing text regarding the denial,
probation, suspension, or revocation of registration.  Makes conforming
and standard recodification changes. 

SECTION 9. Amends Article 4512k, V.T.C.S., by adding Section 11A, as
follows: 

Sec.  11A.  ADMINISTRATIVE PENALTY.  Sets forth regulations regarding the
assessment of administrative penalties by the department.  

SECTION 10. Amends Section 14, Article 4512k, V.T.C.S., to delete a
provision that this Act does not affect certain local regulations.  Makes
conforming changes. 

SECTION 11. Repealers: Sections 3, 8, 9, and 16, Article 4512k, V.T.C.S.
(Application for Registration, Advisory Council, Powers and Duties of the
Advisory Council, and Effective Date). 

SECTION 12. (a) Effective date: September 1, 1997.
 
(b) Sets forth regulations regarding registration under this Act.


(c) Provides that a rule of the Texas Board of Health adopted under
Article 4512k, V.T.C.S., that is in effect on the effective date of this
Act remains in effect until the board adopts rules under Article 4512k,
V.T.C.S., as amended by this Act, unless the rule is in conflict with this
Act. 

SECTION 13. Emergency clause.