Title OC, Occupations Code

Sec. 454.252. RENEWAL OF LICENSE. (a) A person may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license. (b) A person whose license has been expired for 90 days or less may renew the license by paying to …

Sec. 454.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The board may renew without reexamination the expired license of a person who was licensed to practice as an occupational therapist or occupational therapy assistant in this state, moved to another state, …

Sec. 454.254. MANDATORY CONTINUING EDUCATION. (a) The board by rule shall: (1) assess the continuing education needs of license holders; (2) establish a minimum number of hours of continuing education required to renew a license; and (3) develop a process to evaluate and approve …

Sec. 454.255. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the a…

Sec. 454.301. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER. (a) The board may deny, suspend, or revoke a license or take other disciplinary action against a license holder if the applicant or license holder has: (1) used drugs or intoxicating liquors to an extent…

Sec. 454.302. PROCEDURES FOR DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS. (a) Proceedings for disciplinary action against a license holder and appeals from those proceedings are governed by Chapter 2001, Government Code. (b) After a hearing by the State Office of Administrative He…

Sec. 454.3025. SCHEDULE OF SANCTIONS. (a) The board by rule shall adopt a schedule of administrative penalties and other sanctions that the board may impose under this chapter. In adopting the schedule of sanctions, the board shall ensure that the amount of the penalty or severit…

Sec. 454.303. ISSUANCE OF LICENSE AFTER DENIAL; REISSUANCE OF LICENSE. On application by the person, the board may issue a license to a person whose license has been denied or reissue a license to a person who has been disciplined by the board. The application: (1) may not be mad…

Sec. 454.304. INFORMAL PROCEEDINGS. (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings held in compliance with Section 2001.054, Government Code. (b) A rule ado…

Sec. 454.305. EMERGENCY SUSPENSION. (a) The board may temporarily suspend a license issued under this chapter on an emergency basis if the board determines that the continued practice by the license holder constitutes a continuing or imminent threat to the public health or welfar…

Sec. 454.306. SUBPOENA. (a) The board may request or compel by subpoena: (1) the attendance of a witness for examination under oath; and (2) the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation o…

Sec. 454.351. INJUNCTIVE RELIEF. The attorney general, a district attorney, a county attorney, or any other person may institute a proceeding to enforce this chapter, including a suit to enjoin a person from practicing occupational therapy without complying with this chapter. Act…

Sec. 454.352. MONITORING OF LICENSE HOLDER. The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. The rules must include procedures for: (1) monitoring for compliance a license holder who is ordered by the board to perform a cert…

Sec. 454.3521. ADMINISTRATIVE PENALTY. (a) The board may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter. (b) The penalty may not exceed $200, and each day a violation continues …

Sec. 454.353. CIVIL PENALTY. (a) A person found by a court to have violated this chapter is liable to this state for a civil penalty of $200 for each day the violation continues. (b) A civil penalty may be recovered in a suit brought by the attorney general, a district attorney, …

Sec. 454.354. RECOVERY OF COSTS AND FEES. A person other than the attorney general, a district attorney, or a county attorney who brings an action to enforce this chapter or for injunctive relief may recover the person's court costs and attorney's fees. Acts 1999, 76th Leg., ch. …

Sec. 454.355. CRIMINAL OFFENSE. (a) A person commits an offense if the person knowingly violates this chapter. (b) An offense under this section is a Class A misdemeanor. (c) Each day of violation constitutes a separate offense. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1…

Sec. 455.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (1-a) "Department" means the Texas Department of Licensing and Regulation. (2) "Executive director" means the executive director of the department. (3) "Instructor…

Sec. 455.002. MASSAGE THERAPY AS HEALTH CARE SERVICE. (a) Massage therapy constitutes a health care service if the massage therapy is for therapeutic purposes. Massage therapy does not constitute the practice of chiropractic. (b) In this chapter, therapy or therapeutic procedures…

Sec. 455.003. PRACTICES INCLUDED IN MASSAGE THERAPY. Massage therapy includes the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 455.004. APPLICABILITY OF CHAPTER. This chapter does not apply to: (1) a person licensed in this state as a physician, chiropractor, occupational therapist, physical therapist, nurse, cosmetologist, or athletic trainer or as a member of a similar profession subject to state …

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…