79R6990 YDB-F
By: Delisi H.B. No. 1842
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of massage therapists;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 455.001(1), (2), (3), and (6),
Occupations Code, are amended to read as follows:
(1) ["Board" means the Texas Board of Health.
[(2)] "Department" means the [Texas] Department of
State Health Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "Instructor" means a person who instructs a
student in any section of the course of instruction required for
issuance of [registration as] a massage therapist license or
certificate of registration.
(6) "Massage school" means an entity that:
(A) teaches at a minimum the course of
instruction required for issuance of [registration as] a massage
therapist license or certificate of registration; and
(B) has at least two instructors.
SECTION 2. Section 455.004, Occupations Code, is amended to
read as follows:
Sec. 455.004. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) a person licensed in this state as a physician,
chiropractor, physical therapist, nurse, cosmetologist, or
athletic trainer or as a member of a similar profession subject to
state licensing while the person is practicing within the scope of
the license;
(2) a school approved by the Texas Education Agency or
otherwise approved by the state; or
(3) an instructor otherwise approved by the state to
teach in an area of study included in the required course of
instruction for issuance of [registration as] a massage therapist
license or certificate of registration.
SECTION 3. The heading to Subchapter B, Chapter 455,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND
DEPARTMENT [BOARD]
SECTION 4. Section 455.051, Occupations Code, is amended to
read as follows:
Sec. 455.051. GENERAL RULEMAKING AUTHORITY. The executive
commissioner [board] shall adopt rules consistent with this chapter
as necessary for the performance of the department's [its] duties
under this chapter.
SECTION 5. Sections 455.053-455.057, Occupations Code, are
amended to read as follows:
Sec. 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 a certificate of registration under
this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the education, health,
and safety of students, massage school personnel, and the public;
(5) the sanitary and hygienic conditions of a massage
school;
(6) the provision of massage therapy by a massage
school or student;
(7) the maximum number of hours a student may
accumulate in a massage school's internship program before the
student is required to obtain a license or certificate of
registration [register] under this chapter;
(8) the educational and clinical records kept by a
massage school;
(9) the organizational structure of a massage school,
including the lines of authority and the delegation of
responsibility;
(10) fire prevention and safety in a massage school;
(11) the massage school's curriculum and educational
material;
(12) massage school inspections; and
(13) any other aspect of the operation of a massage
school that the department [board] considers necessary to protect
students, massage school personnel, or the public.
Sec. 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 a license or certificate of
registration under this chapter;
(2) the qualifications of a massage therapist;
(3) the sanitary and hygienic conditions of the
physical environment in which a massage therapist practices massage
therapy;
(4) the records kept by a massage therapist;
(5) the inspection of the records, equipment, and
sanitary and hygienic conditions of the physical environment used
by a massage therapist in practicing massage therapy; and
(6) any other aspect of the practice of a massage
therapist necessary to protect the public.
Sec. 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 of a license or certificate of
registration under this chapter;
(2) the qualifications of a massage therapy
instructor;
(3) the supervision of a student by a massage therapy
instructor;
(4) the maximum number of hours a student may
accumulate in an internship program under the supervision of a
massage therapy instructor before the student is required to obtain
a license or certificate of registration [register] under this
chapter;
(5) the equipment essential to the education, health,
and safety of students and the public;
(6) the sanitary and hygienic conditions of the
physical environment in which a massage therapy instructor teaches;
(7) the provision of massage therapy by a student or a
massage therapy instructor;
(8) the educational and clinical records kept by a
massage therapy instructor;
(9) the curriculum taught and educational material
used by a massage therapy instructor;
(10) the inspection of the records, equipment, and
physical environment of a massage therapy instructor; and
(11) any other aspect of a massage therapy
instructor's instruction or operation of any portion of the course
of instruction required for the issuance of [registration as] a
massage therapist license.
Sec. 455.056. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING BY LICENSE OR CERTIFICATE HOLDER [REGISTRANT]. (a) The
executive commissioner [board] may not adopt rules restricting
advertising or competitive bidding by a person licensed or
registered under this chapter except to prohibit false, misleading,
or deceptive practices.
(b) In the [its] rules to prohibit false, misleading, or
deceptive practices, the executive commissioner [board] may not
include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a licensed or registered
person's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the licensed or registered person; or
(4) restricts the licensed or registered person's
advertisement under a trade name.
Sec. 455.057. CONTINUING EDUCATION. The department [board]
shall recognize, prepare, or administer continuing education
programs for persons licensed or registered under this chapter. A
licensed or registered person must participate in the programs to
the extent required by the department [board] to keep the person's
license or certificate of registration.
SECTION 6. Section 455.104, Occupations Code, is amended to
read as follows:
Sec. 455.104. INSPECTIONS; INVESTIGATIONS. The
department or its authorized representative may enter the premises
of an applicant for a license or certificate of registration or a
license or certificate holder at:
(1) reasonable times to conduct an inspection
incidental to the issuance of a license or certificate of
registration; and
(2) other times that the department considers
necessary to ensure compliance with this chapter and the rules
adopted under this chapter.
SECTION 7. The heading to Subchapter D, Chapter 455,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. LICENSING AND REGISTRATION
SECTION 8. Sections 455.151-455.154, Occupations Code, are
amended to read as follows:
Sec. 455.151. LICENSE OR REGISTRATION REQUIRED. (a)
Unless the person is exempt from the licensing or registration
requirement, a person may not act as a massage therapist, massage
school, massage therapy instructor, or massage establishment
unless the person holds an appropriate license or certificate of
registration issued under this chapter.
(b) Unless the person is exempt from the licensing or
registration requirement, a person may not represent that the
person is:
(1) a licensed massage therapist unless the person
holds a license under this chapter; or
(2) a registered massage therapist unless the person
holds a certificate of registration under this chapter.
Sec. 455.152. INELIGIBILITY FOR LICENSE OR REGISTRATION.
(a) A person is not eligible for licensing or registration as a
massage establishment, massage school, massage therapist, or
massage therapy instructor if the person is an individual and has
been convicted of, entered a plea of nolo contendere or guilty to,
or received deferred adjudication for an offense involving
prostitution or another sexual offense.
(b) A person convicted of a violation of this chapter is
ineligible for licensing or registration as a massage
establishment, massage school, massage therapist, or massage
therapy instructor until the fifth anniversary of the date of the
conviction.
Sec. 455.153. APPLICATION [FOR REGISTRATION]. An applicant
for licensing or registration under this chapter must:
(1) submit an application form provided by the
department; [and]
(2) include with the application the application fee
set by the department; and
(3) for a massage therapist applicant, submit proof
the applicant has successfully completed the requirements of
Section 455.1555 or 455.156.
Sec. 455.154. GENERAL PROVISIONS RELATING TO LICENSING AND
REGISTRATION. (a) The holder of a license or certificate of
registration may exercise all professional rights, honors, and
privileges relating to the practice of massage therapy.
(b) A license or certificate of registration is the property
of the department and must be surrendered on demand.
SECTION 9. Sections 455.155(b) and (c), Occupations Code,
are amended to read as follows:
(b) A licensed or registered massage therapist who
practices as a solo practitioner is not required to register as a
massage establishment.
(c) The executive commissioner [board] by rule shall
provide for a fair and reasonable procedure to grant exemptions
from the licensing or registration requirements of this section.
The rules must provide that a person is exempt if the person shows
that the advertising or provision of massage therapy services is
incidental to the person's primary enterprise.
SECTION 10. Subchapter D, Chapter 455, Occupations Code, is
amended by adding Section 455.1555 to read as follows:
Sec. 455.1555. REQUIREMENTS FOR LICENSED MASSAGE
THERAPIST. (a) The department shall issue a massage therapist
license to each qualified applicant.
(b) An applicant for licensing under this section must be an
individual and:
(1) present evidence satisfactory to the department
that the person:
(A) has satisfactorily completed massage therapy
studies in a supervised course of instruction of at least 500 hours
provided by a massage therapy instructor, a registered massage
school, a state-approved educational institution, or any
combination of instructors or schools, in which:
(i) at least 200 hours are taught by a
massage therapy instructor and are dedicated to the study of
massage therapy techniques, theory, and practice and manipulation
of soft tissue by hand or through the use of a mechanical or
electrical apparatus, with at least 75 hours dedicated to Swedish
massage techniques, and may include the study of Eastern techniques
and theory;
(ii) at least 165 hours are dedicated to
the study of anatomy, kinesiology, physiology, and pathology and
may include Eastern physiology;
(iii) at least 25 hours are dedicated to
the study of hydrotherapy;
(iv) at least 20 hours are dedicated to the
study of business practice standards;
(v) at least 10 hours are dedicated to the
study of professional ethics;
(vi) at least 20 hours are dedicated to the
study of health and hygiene;
(vii) at least 40 hours are spent in an
internship program, provided that the hours spent in an internship
program may not exceed 15 percent of the total program hours; and
(viii) at least 20 hours are dedicated to
topics related to the massage profession; or
(B) has practiced massage therapy as a profession
for at least five years in another state or country that the
department determines does not maintain standards and requirements
of practice and licensing or registration that substantially
conform to the standards and requirements of this state; and
(2) pass the state-approved examination.
SECTION 11. Section 455.156, Occupations Code, is amended
to read as follows:
Sec. 455.156. [REGISTRATION] REQUIREMENTS FOR REGISTERED
MASSAGE THERAPIST. (a) The department shall issue a certificate
of registration to each qualified applicant for registration as a
registered massage [message] therapist.
(b) An applicant for registration under this section must be
an individual and:
(1) present evidence satisfactory to the department
[board] that the person:
(A) has satisfactorily completed massage therapy
studies in a 300-hour, supervised course of instruction provided by
a massage therapy instructor, a registered massage school, a
state-approved educational institution, or any combination of
instructors or schools, in which:
(i) 125 hours are dedicated to the study of
Swedish massage therapy techniques and taught by a massage therapy
instructor;
(ii) 50 hours are dedicated to the study of
anatomy;
(iii) 25 hours are dedicated to the study of
physiology;
(iv) 15 hours are dedicated to the study of
hydrotherapy;
(v) 15 hours are dedicated to the study of
business practices and professional ethics standards;
(vi) 20 hours are dedicated to the study of
health and hygiene; and
(vii) 50 hours are spent in an internship
program; or
(B) has practiced massage therapy as a profession
for not less than five years in another state or country that the
department determines does not maintain standards and requirements
of practice and licensing or registration that substantially
conform to the standards and requirements of this state; and
(2) pass the practical and written portions of the
state examination.
SECTION 12. Sections 455.1565(a) and (d), Occupations Code,
are amended to read as follows:
(a) Not later than the 30th day after the date a person takes
a licensing or registration examination under this chapter, the
department shall notify the person of the results of the
examination.
(d) If requested in writing by a person who fails a
licensing or registration examination administered under this
chapter, the department shall furnish the person with an analysis
of the person's performance on the examination.
SECTION 13. Sections 455.1571, 455.1572, and 455.158,
Occupations Code, are amended to read as follows:
Sec. 455.1571. APPLICANT LICENSED OR REGISTERED IN ANOTHER
JURISDICTION. (a) The department [board] may waive any
prerequisite to obtaining a license or certificate of registration
for an applicant for licensing or registration as a massage
therapist or massage therapy instructor after reviewing the
applicant's credentials and determining that the applicant holds a
license or certificate of registration issued by another
jurisdiction that has licensing or registration requirements
substantially equivalent to those of this state.
(b) The department [board] may waive any prerequisite to
obtaining a license or certificate of registration for an applicant
for licensing or registration as a massage therapist or massage
therapy instructor who holds a license or certificate of
registration issued by another jurisdiction with which this state
has a reciprocity agreement. The department [board] may make an
agreement, subject to the approval of the governor, with another
state to allow for licensing or registration by reciprocity.
Sec. 455.1572. PROVISIONAL LICENSE OR REGISTRATION. (a)
The department [board] may issue a provisional license or
certificate of registration to an applicant for licensing or
registration as a massage therapist or massage therapy instructor
currently licensed or registered in another jurisdiction who seeks
a license or certificate of registration in this state and who:
(1) has been licensed or registered in good standing
as a massage therapist or massage therapy instructor, as
applicable, for at least two years in another jurisdiction,
including a foreign country, that has licensing or registration
requirements substantially equivalent to the requirements of this
chapter;
(2) has passed a national or other examination
recognized by the department [board] relating to the practice of
massage therapy; and
(3) is sponsored by a person licensed or registered by
the department [board] under this chapter with whom the provisional
license or certificate holder [registrant] will practice during the
time the person holds a provisional license or certificate of
registration.
(b) The department [board] may waive the requirement of
Subsection (a)(3) for an applicant if the department [board]
determines that compliance with that subsection would be a hardship
to the applicant.
(c) A provisional license or certificate of registration is
valid until the date the department [board] approves or denies the
license or certificate holder's application for licensing or
registration. The department [board] shall issue a license or
certificate of registration under this chapter to the provisionally
licensed or registered person if the person:
(1) is eligible for a license or certificate of
registration under Section 455.1571; or
(2) passes the part of the examination under Section
455.101 that relates to the applicant's knowledge and understanding
of the laws and rules relating to the practice of massage therapy in
this state and:
(A) the department [board] verifies that the
person meets the academic and experience requirements for licensing
or registration under this chapter; and
(B) the person satisfies any other licensing or
registration requirements under this chapter.
(d) The department [board] must approve or deny a
provisionally licensed or registered person's application for a
license or certificate of registration not later than the 180th day
after the date the provisional license or certificate of
registration is issued. The department [board] may extend the
180-day period if the results of an examination have not been
received by the department [board] before the end of that period.
(e) The department [board] may establish a fee for a
provisional license or certificate of registration in an amount
reasonable and necessary to cover the cost of issuing the license or
certificate of registration.
Sec. 455.158. STUDENT EXEMPTION FROM LICENSING OR
REGISTRATION REQUIREMENTS. A student who provides massage therapy
as part of an internship program or without compensation is exempt
from licensing or registration under this chapter if the student is
enrolled in a state-approved course of instruction that consists of
at least 300 hours.
SECTION 14. Sections 455.159(a) and (b), Occupations Code,
are amended to read as follows:
(a) An internship program must:
(1) meet the qualifications established by the
department [board];
(2) provide a student with a minimum of 40 hours of
hands-on massage therapy experience; and
(3) be conducted on the school grounds or in a clinic
or classroom setting provided by the massage school or massage
therapy instructor.
(b) A student must complete at least [the first] 250 hours
of required training at a massage school or with a massage therapy
instructor that provides to the student a written acknowledgment of
the student's successful completion of the required hours before
the student is eligible to enter an internship program.
SECTION 15. Sections 455.160 and 455.161, Occupations Code,
are amended to read as follows:
Sec. 455.160. LICENSE OR REGISTRATION RENEWAL. (a) A
person licensed or registered under this chapter must periodically
renew the person's license or certificate of registration. The
license or certificate expires unless the license or certificate
holder submits an application for renewal accompanied by the
renewal fee prescribed by the department or by the late fee
prescribed by this section.
(b) The department shall adopt a system under which licenses
or certificates of registration expire on various dates during the
year. Fees must be prorated so that a licensed or registered person
pays only for that part of the renewal period for which the license
or registration is issued until the expiration date of the license
or registration.
(c) A person who is otherwise eligible to renew a license or
certificate of registration may renew an unexpired license or
registration by paying the required renewal fee to the department
before the expiration date of the license or registration. A person
whose license or registration has expired may not engage in
activities that require a license or registration until the license
or registration has been renewed.
(d) A person whose license or registration has been expired
for 90 days or less may renew the license or registration by paying
to the department a renewal fee that is equal to 1-1/2 times the
normally required renewal fee.
(e) A person whose license or registration has been expired
for more than 90 days but less than one year may renew the license or
registration by paying to the department a renewal fee that is equal
to two times the normally required renewal fee.
(f) A person whose license or registration has been expired
for one year or more may not renew the license or certificate of
registration. The person may obtain a license or certificate of
registration [register] by complying with the requirements and
procedures, including the examination requirements, for originally
licensing or registering.
(g) Not later than the 30th day before the date a person's
license or certificate of registration is scheduled to expire, the
department shall send written notice of the impending expiration to
the person at the person's last known address according to the
records of the department.
Sec. 455.161. RENEWAL OF EXPIRED LICENSE OR REGISTRATION 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 practice in the other state
for the two years preceding the date of application may obtain a
certificate of registration or license [register] without
reexamination.
(b) The person must pay to the department a fee that is equal
to two times the normally required renewal fee for a license or
certificate of registration.
SECTION 16. Sections 455.201 and 455.202, Occupations Code,
are amended to read as follows:
Sec. 455.201. REFERRAL FROM PHYSICIAN. A person issued a
license or certificate of registration may receive referrals from a
physician to administer massage therapy.
Sec. 455.202. PRACTICE BY MASSAGE ESTABLISHMENT. A
massage establishment may employ only licensed or registered
massage therapists to perform massage therapy.
SECTION 17. Section 455.203(c), Occupations Code, is
amended to read as follows:
(c) A massage school or massage therapy instructor licensed
or registered under this chapter shall give each prospective
student a notice that clearly states the number of course hours that
the student must successfully complete before the student is
eligible to obtain a license or certificate of registration
[register] as a massage therapist under this chapter.
SECTION 18. Section 455.204, Occupations Code, is amended
to read as follows:
Sec. 455.204. DISPLAY OF LICENSE OR CERTIFICATE. (a) A
person who holds a license or certificate of registration shall
publicly display the license or certificate as specified by the
department [board].
(b) Each massage establishment must post in plain sight the
license or certificate of registration for each massage therapist
who practices in the massage establishment.
(c) Each massage school, massage establishment, massage
therapy instructor, or massage therapist shall present the person's
license or certificate of registration on the request of the
department, an authorized representative of the department, or a
peace officer.
SECTION 19. Sections 455.205(b), (c), and (d), Occupations
Code, are amended to read as follows:
(b) A massage school or a massage therapy instructor may not
award a diploma or a certificate of completion to a student that has
not successfully completed at least [require the successful
completion of more course hours than] the number of course hours
required for licensing or registration as a massage therapist under
this chapter.
(c) A person who is not licensed or registered under this
chapter may not use the word "massage" on any form of advertising
unless the person is expressly exempt from the licensing or
registration requirements of this chapter.
(d) A sexually oriented business may not use the term [word]
"massage therapy" or "massage therapist" on a sign or any form of
advertising.
SECTION 20. The heading to Section 455.251, Occupations
Code, is amended to read as follows:
Sec. 455.251. GROUNDS FOR LICENSE OR REGISTRATION DENIAL OR
DISCIPLINARY ACTION.
SECTION 21. Sections 455.251(a) and (b), Occupations Code,
are amended to read as follows:
(a) The department [board] may refuse to issue a license or
certificate of registration to a person and shall suspend, revoke,
or refuse to renew the license or certificate of registration of a
person or shall reprimand a person licensed or registered under
this chapter if the person:
(1) obtains a license or certificate of registration
by fraud, misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or barter a
license or certificate of registration;
(3) violates a rule adopted by the executive
commissioner [board];
(4) engages in unprofessional conduct as defined by
executive commissioner [board] rule that endangers or is likely to
endanger the health, welfare, or safety of the public;
(5) violates an order or ordinance adopted by a
political subdivision under Chapter 243, Local Government Code; or
(6) violates this chapter.
(b) The department shall revoke the license or certificate
of registration of a person licensed or registered as a massage
therapist or massage therapy instructor if:
(1) the person is convicted of, enters a plea of nolo
contendere or guilty to, or receives deferred adjudication for an
offense involving prostitution or another sexual offense; or
(2) the department determines the person has practiced
or administered massage therapy at or for a sexually oriented
business.
SECTION 22. Section 455.252(a), Occupations Code, is
amended to read as follows:
(a) A person whose application for a license or certificate
of registration is denied, whose license or certificate of
registration is suspended or revoked, or who has been reprimanded
is entitled to a hearing before the department if the person submits
a written request to the department.
SECTION 23. Section 455.253, Occupations Code, is amended
to read as follows:
Sec. 455.253. PROBATION. The department [board] may place
on probation a person, including a massage school, massage therapy
instructor, or massage establishment, whose license or certificate
of registration is suspended. If a license or certificate of
registration suspension is probated, the department [board] may
require the person to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
department [board]; or
(3) continue or review professional education until
the person attains a degree of skill satisfactory to the department
[board] in those areas that are the basis of the probation.
SECTION 24. Sections 455.254(a) and (b), Occupations Code,
are amended to read as follows:
(a) The department shall temporarily suspend the license or
certificate of registration of a license or certificate holder if
the department determines from the evidence or information
presented to it that continued practice by the license or
certificate holder would constitute a continuing and imminent
threat to the public welfare.
(b) A license or certificate of registration may be
suspended under this section without notice or hearing on the
complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
SECTION 25. Section 455.304(b), Occupations Code, is
amended to read as follows:
(b) If the person accepts the department's determination,
the executive commissioner [of public health] or the executive
commissioner's designee by order shall approve the determination
and require the person to pay the recommended penalty.
SECTION 26. Section 455.305(b), Occupations Code, is
amended to read as follows:
(b) The hearings examiner shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the executive commissioner [of
public health] or the executive commissioner's designee a proposal
for decision as to the occurrence of the violation, and, if the
examiner determines a penalty is warranted, the amount of the
proposed administrative penalty.
SECTION 27. Section 455.306(a), Occupations Code, is
amended to read as follows:
(a) Based on the findings of fact, conclusions of law, and
recommendations of the hearings examiner, the executive
commissioner [of public health] or the executive commissioner's
designee by order may determine that:
(1) a violation occurred and may impose an
administrative penalty; or
(2) a violation did not occur.
SECTION 28. Section 455.310(b), Occupations Code, is
amended to read as follows:
(b) The department may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of the
hearing, an administrative penalty is assessed against the person.
The person shall pay expenses and costs assessed under this
subsection not later than the 30th day after the date the order of
the executive commissioner [of public health] or the executive
commissioner's designee requiring the payment of expenses and costs
is final. The department may refer the matter to the attorney
general for collection of expenses and costs.
SECTION 29. Sections 455.351(a) and (b), Occupations Code,
are amended to read as follows:
(a) The attorney general, a district or county attorney, or
the department may institute an action for injunctive relief to
restrain a violation by a person who appears to be in violation of
or threatening to violate this chapter or a rule adopted by the
executive commissioner [board] under this chapter.
(b) The attorney general, a district or county attorney, or
the department may institute an action to collect a civil penalty
from a person who appears to be in violation of this chapter or a
rule adopted by the executive commissioner [board] under this
chapter. The amount of a civil penalty shall be not less than $100
or more than $1,000 for each violation.
SECTION 30. Section 455.352, Occupations Code, is amended
to read as follows:
Sec. 455.352. CRIMINAL PENALTIES [PENALTY]. (a) A person
commits an offense if the person is required to be licensed or
registered under this chapter and the person:
(1) knowingly violates Section 455.151, 455.159,
455.202, 455.203(a) or (c), 455.204(b) or (c), or 455.205(a), (b),
or (c); or
(2) collects a fee or any other form of compensation
for massage therapy without being licensed or registered under this
chapter.
(b) An owner or operator of a massage establishment commits
an offense if the person knowingly violates Section 455.151(a),
455.155(d), 455.202, 455.204(b) or (c), or 455.205(c) [or (d)].
(c) An owner or operator of a massage school commits an
offense if the person knowingly violates Section 455.151(a),
455.159, 455.203(a) or (c), 455.204(b) or (c), or 455.205(b) or [,]
(c)[, or (d)].
(d) Except as provided by Subsections [Subsection] (e) and
(f), an offense under this section is a Class C misdemeanor.
(e) Except as provided by Subsection (f), if [If] it is
shown at the trial of an offense under this section that the
defendant has been previously convicted of an offense under this
section, the offense is a Class A misdemeanor.
(f) A person commits an offense if the person violates
Section 455.205(d). An offense under this subsection is a state
jail felony.
SECTION 31. Sections 455.102 and 455.157, Occupations Code,
are repealed.
SECTION 32. (a) As soon as practical after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to establish
the licensing program for licensed massage therapists.
(b) As soon as practical after the effective date of this
Act, the Department of State Health Services shall adopt the
procedures necessary to establish the licensing program for
licensed massage therapists.
SECTION 33. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 34. This Act takes effect September 1, 2005.