Title OC, Occupations Code

Sec. 455.005. EFFECT ON LOCAL LAW. (a) Except as provided by Subsection (b), this chapter supersedes any regulation adopted by a political subdivision of this state relating to the licensing or regulation of massage therapists. (b) Subject to Subsections (b-1), (c), (c-1), and (c…

Sec. 455.0511. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The department shall: (1) investigate a person who may be engaging in or offering to engage in a practice that violates this chapter; (2) regulate the number of sch…

Sec. 455.052. RULES REGARDING MASSAGE ESTABLISHMENTS. Rules adopted under this chapter relating to a massage establishment must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of a license under this chapter; (2) the qualific…

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 license under this chapter; (2) the qualifications of prof…

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 under this chapter; (2) the qualifications o…

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 under this chapter; (2) th…

Sec. 455.059. INSPECTIONS; INVESTIGATIONS. The department, the department's authorized representative, or a peace officer may enter the premises of a massage establishment or massage school at: (1) reasonable times to conduct an inspection incidental to the issuance of a license;…

Sec. 455.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) two members who are licensed massage therapists; (2) two members who represent license…

Sec. 455.102. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 6.005, eff. September 1, 2017…

Sec. 455.103. TERMS; VACANCIES. (a) Members of the advisory board are appointed for staggered six-year terms. (b) If a vacancy occurs on the advisory board during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement…

Sec. 455.104. PRESIDING OFFICER. (a) The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. (b) The presiding officer of the advisory board may vote on any matter befo…

Sec. 455.105. MEETINGS. The advisory board shall meet at the call of the executive director or the presiding officer of the commission. Added by Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 7, eff. September 1, 2005. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007…

Sec. 455.151. LICENSE REQUIRED. (a) Unless the person is exempt from the licensing 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 issued under this chapt…

Sec. 455.152. INELIGIBILITY FOR LICENSE. A person is not eligible for a license 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, o…

Sec. 455.1525. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The department shall require an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of…

Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a license under this chapter must: (1) submit an application in the manner and on a form prescribed by the executive director; (2) pass any required examination; and (3) include with the application the application fee set b…

Sec. 455.154. GENERAL PROVISIONS RELATING TO LICENSES. (a) The holder of a license may exercise all professional rights, honors, and privileges relating to the practice of massage therapy. (b) A license is the property of the department and must be surrendered on demand. Acts 199…

Sec. 455.155. LICENSE EXEMPTION. (a) Section 455.151 does not apply to an establishment or person that: (1) holds a license, permit, certificate, or other credential issued by this state under another law; and (2) offers or performs massage therapy under the scope of that credent…

Sec. 455.156. LICENSE REQUIREMENTS FOR MASSAGE THERAPIST. (a) The department shall issue a license to each qualified applicant who applies for a massage therapist license. (b) An applicant for a license under this section must be an individual and: (1) present evidence satisfacto…

Sec. 455.159. STUDENT INTERNSHIP PROGRAM. (a) An internship program must: (1) meet the qualifications established by the department; (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 …

Sec. 455.160. LICENSE TERM AND RENEWAL. (a) A license issued under this chapter is valid for two years. A license holder must renew the license biennially. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.298(7), eff. September 1, 2017. (c) Repealed by Acts 2015, 84th…

Sec. 455.161. STUDENT PERMIT; ELIGIBILITY. (a) The department shall require a student enrolled in a massage school in this state to hold a permit stating the student's name and the name of the school and including a photograph of the student's face. The permit must be displayed i…

Sec. 455.201. REFERRAL FROM PHYSICIAN. A person issued a license may receive referrals from a physician to administer massage therapy. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 17, eff. September 1, 200…

Sec. 455.202. PRACTICE BY MASSAGE ESTABLISHMENT. (a) A massage establishment may employ only licensed massage therapists to perform massage therapy or other massage services. (b) A massage establishment may not: (1) employ an individual who is not a United States citizen or a leg…

Sec. 455.203. PRACTICE BY MASSAGE SCHOOL OR INSTRUCTOR AT SCHOOL. (a) A massage school must meet the minimum standards of operation established by commission rule. (b) An instructor must meet the minimum requirements established by commission rule. (c) A massage school or massage…

Sec. 455.2035. 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 credit hours earned by each student during the pr…

Sec. 455.204. DISPLAY OF LICENSE. (a) A person who holds a license shall publicly display the license as specified by the department. (b) Each massage establishment must post in plain sight the license for each massage therapist who practices in the massage establishment. (b-1) T…

Sec. 455.205. PROHIBITED PRACTICES. (a) A massage therapist may not perform massage therapy for compensation or without compensation at or for a sexually oriented business. (b) A massage school or a massage therapy instructor may not require the successful completion of more cour…

Sec. 455.206. NEW LICENSE REQUIRED FOR CHANGE OF LOCATION OF ESTABLISHMENT OR SCHOOL. A massage establishment or massage school may not change the location of the establishment or school without obtaining a new massage establishment or massage school license under this chapter, a…

Sec. 455.207. POSTING OF CERTAIN NOTICES REQUIRED. (a) Each massage establishment and massage school shall display in the form and manner prescribed by the commission a sign concerning services and assistance available to victims of human trafficking. (b) The sign required by thi…

Sec. 455.251. GROUNDS FOR LICENSE DENIAL, DISCIPLINARY ACTION, OR ADMINISTRATIVE PENALTY. (a) The commission or executive director may refuse to issue a license to a person, suspend, revoke, or refuse to renew the license of a person, or impose an administrative penalty under Sub…

Sec. 455.252. EMERGENCY ORDER. The executive director may issue an emergency order under Section 51.3511 halting the operation of a massage establishment if: (1) a law enforcement agency gives notice to the department, or the department otherwise learns, that the law enforcement …

Sec. 455.351. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action for injunctive relief to restrain a violation by a person who: (1) appears to be in violation of or threatening…

Sec. 455.352. CRIMINAL PENALTY. (a) A person commits an offense if the person is required to be licensed under this chapter and the person: (1) knowingly violates Section 455.151, 455.159, 455.202(b), 455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d); or (2) collec…

Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.