86R17893 SOS-D

By: Hernandez, Frullo H.B. No. 2464

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of massage schools and the issuance of a permit to massage school students; requiring an occupational permit; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 455.053, Occupations Code, is amended to read as follows:

Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. (a) 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 license 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 or other massage services 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 be licensed 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 commission considers necessary to protect students, massage school personnel, or the public.

(b) The commission may adopt rules to:

(1) authorize a massage school to account for any hours of instruction completed under this chapter on the basis of clock hours or course hours; and

(2) establish standards for determining the equivalency and conversion of clock hours to course hours and course hours to clock hours.

SECTION 2. The heading to Section 455.151, Occupations Code, is amended to read as follows:

Sec. 455.151. LICENSE OR PERMIT REQUIRED.

SECTION 3. Section 455.151(b), Occupations Code, is amended to read as follows:

(b) Unless the person is exempt from the licensing requirement, a person may not represent that the person is a massage therapist, massage school, massage therapy instructor, or massage establishment unless the person holds an appropriate license under this chapter. A person may not represent that the person is a massage student unless the person holds a student permit issued under Section 455.1581.

SECTION 4. Subchapter D, Chapter 455, Occupations Code, is amended by adding Section 455.1581 to read as follows:

Sec. 455.1581. STUDENT PERMIT. (a) The department shall require a student to hold a student permit if the student is enrolled in a massage school in this state.

(b) The department shall issue a student permit to an applicant who:

(1) submits an application to the department for a student permit in the form prescribed by the department;

(2) satisfies other requirements specified by the department; and

(3) pays the application fee set by the commission.

(c) The permit must:

(1) state the student's name; and

(2) state the name of the school in which the student is enrolled.

(d) A student permit holder who provides massage therapy as part of the course of instruction required for a massage therapist license:

(1) is exempt from licensing under this chapter; and

(2) may not be compensated for providing massage therapy.

SECTION 5. Subchapter E, Chapter 455, Occupations Code, is amended by adding Sections 455.2031 and 455.2032 to read as follows:

Sec. 455.2031. DAILY ATTENDANCE RECORDS. (a) A massage school shall maintain an attendance record of the students' daily attendance in a manner prescribed by the department.

(b) The department may inspect a school's attendance record at any time.

Sec. 455.2032. REPORTS TO DEPARTMENT. (a) A massage school shall maintain a monthly progress report regarding each student attending the school. The report must certify the daily attendance record of each student and the number of course hours and internship hours earned by each student during the previous month.

(b) On a student's completion of a prescribed course of instruction, a massage school shall notify the department that the student has completed the required number of hours.

(c) On completion of the required number of hours, the department shall determine whether a student is eligible to take the appropriate examination.

SECTION 6. The heading to Section 455.204, Occupations Code, is amended to read as follows:

Sec. 455.204. DISPLAY OF LICENSE OR PERMIT.

SECTION 7. Sections 455.204(a) and (c), Occupations Code, are amended to read as follows:

(a) A person who holds a license or student permit shall publicly display the license or permit, as applicable, as specified by the department.

(c) Each massage school, massage student, massage establishment, massage therapy instructor, or massage therapist shall present the person's license or student permit, as applicable, on the request of the department, an authorized representative of the department, or a peace officer.

SECTION 8. Section 455.158, Occupations Code, is repealed.

SECTION 9. (a) Not later than March 1, 2020, the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation, as appropriate, shall adopt any rules or forms necessary to implement the changes in law made by this Act to Chapter 455, Occupations Code.

(b) Notwithstanding Section 455.151, Occupations Code, as amended by this Act, Section 455.1581, Occupations Code, as added by this Act, Section 455.204, Occupations Code, as amended by this Act, and the repeal by this Act of Section 455.158, Occupations Code, a student enrolled in a massage school in this state is not required to comply with the changes in law made by this Act until June 1, 2020.

(c) A massage school shall submit the first monthly report and the first notice of student completion required under Section 455.2032, Occupations Code, as added by this Act, not later than July 1, 2020.

SECTION 10. This Act takes effect September 1, 2019.