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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of massage schools and the issuance of a |
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permit to massage school students; requiring an occupational |
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permit; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 455.053, Occupations Code, is amended to |
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read as follows: |
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Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. (a) Rules |
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adopted under this chapter relating to a massage school must |
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contain minimum standards for: |
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(1) the issuance, denial, renewal, suspension, |
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revocation, or probation of a license under this chapter; |
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(2) the qualifications of professional personnel; |
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(3) the supervision of professional personnel; |
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(4) the equipment essential to the education, health, |
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and safety of students, massage school personnel, and the public; |
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(5) the sanitary and hygienic conditions of a massage |
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school; |
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(6) the provision of massage therapy or other massage |
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services by a massage school or student; |
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(7) the maximum number of hours a student may |
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accumulate in a massage school's internship program before the |
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student is required to be licensed under this chapter; |
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(8) the educational and clinical records kept by a |
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massage school; |
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(9) the organizational structure of a massage school, |
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including the lines of authority and the delegation of |
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responsibility; |
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(10) fire prevention and safety in a massage school; |
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(11) the massage school's curriculum and educational |
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material; |
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(12) massage school inspections; and |
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(13) any other aspect of the operation of a massage |
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school that the commission considers necessary to protect students, |
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massage school personnel, or the public. |
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(b) The commission may adopt rules to: |
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(1) authorize a massage school to account for any |
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hours of instruction completed under this chapter on the basis of |
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clock hours or course hours; and |
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(2) establish standards for determining the |
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equivalency and conversion of clock hours to course hours and |
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course hours to clock hours. |
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SECTION 2. The heading to Section 455.151, Occupations |
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Code, is amended to read as follows: |
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Sec. 455.151. LICENSE OR PERMIT REQUIRED. |
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SECTION 3. Section 455.151(b), Occupations Code, is amended |
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to read as follows: |
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(b) Unless the person is exempt from the licensing |
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requirement, a person may not represent that the person is a massage |
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therapist, massage school, massage therapy instructor, or massage |
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establishment unless the person holds an appropriate license under |
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this chapter. A person may not represent that the person is a |
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massage student unless the person holds a student permit issued |
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under Section 455.1581. |
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SECTION 4. Subchapter D, Chapter 455, Occupations Code, is |
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amended by adding Section 455.1581 to read as follows: |
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Sec. 455.1581. STUDENT PERMIT. (a) The department shall |
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require a student to hold a student permit if the student is |
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enrolled in a massage school in this state. |
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(b) The department shall issue a student permit to an |
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applicant who: |
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(1) submits an application to the department for a |
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student permit in the form prescribed by the department; |
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(2) satisfies other requirements specified by the |
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department; and |
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(3) pays the application fee set by the commission. |
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(c) The permit must: |
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(1) state the student's name; and |
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(2) state the name of the school in which the student |
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is enrolled. |
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(d) A student permit holder who provides massage therapy as |
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part of the course of instruction required for a massage therapist |
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license: |
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(1) is exempt from licensing under this chapter; and |
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(2) may not be compensated for providing massage |
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therapy. |
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SECTION 5. Subchapter E, Chapter 455, Occupations Code, is |
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amended by adding Sections 455.2031 and 455.2032 to read as |
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follows: |
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Sec. 455.2031. DAILY ATTENDANCE RECORDS. (a) A massage |
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school shall maintain an attendance record of the students' daily |
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attendance in a manner prescribed by the department. |
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(b) The department may inspect a school's attendance record |
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at any time. |
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Sec. 455.2032. REPORTS TO DEPARTMENT. (a) A massage school |
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shall maintain a monthly progress report regarding each student |
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attending the school. The report must certify the daily attendance |
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record of each student and the number of course hours and internship |
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hours earned by each student during the previous month. |
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(b) On a student's completion of a prescribed course of |
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instruction, a massage school shall notify the department that the |
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student has completed the required number of hours. |
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(c) On completion of the required number of hours, the |
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department shall determine whether a student is eligible to take |
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the appropriate examination. |
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SECTION 6. The heading to Section 455.204, Occupations |
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Code, is amended to read as follows: |
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Sec. 455.204. DISPLAY OF LICENSE OR PERMIT. |
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SECTION 7. Sections 455.204(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) A person who holds a license or student permit shall |
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publicly display the license or permit, as applicable, as specified |
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by the department. |
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(c) Each massage school, massage student, massage |
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establishment, massage therapy instructor, or massage therapist |
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shall present the person's license or student permit, as |
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applicable, on the request of the department, an authorized |
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representative of the department, or a peace officer. |
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SECTION 8. Section 455.158, Occupations Code, is repealed. |
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SECTION 9. (a) Not later than March 1, 2020, the Texas |
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Commission of Licensing and Regulation and the Texas Department of |
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Licensing and Regulation, as appropriate, shall adopt any rules or |
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forms necessary to implement the changes in law made by this Act to |
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Chapter 455, Occupations Code. |
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(b) Notwithstanding Section 455.151, Occupations Code, as |
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amended by this Act, Section 455.1581, Occupations Code, as added |
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by this Act, Section 455.204, Occupations Code, as amended by this |
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Act, and the repeal by this Act of Section 455.158, Occupations |
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Code, a student enrolled in a massage school in this state is not |
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required to comply with the changes in law made by this Act until |
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June 1, 2020. |
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(c) A massage school shall submit the first monthly report |
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and the first notice of student completion required under Section |
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455.2032, Occupations Code, as added by this Act, not later than |
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July 1, 2020. |
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SECTION 10. This Act takes effect September 1, 2019. |