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Texas Administrative Code |
Rules
| RULE §141.5 |
General
Ethical Requirements |
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| (a) A licensee shall not make deceptive,
untrue, or fraudulent representations in the practice of
massage or employ a trick or scheme in the practice of
massage, including, but not limited to, warranty of
results of such services and false claims of proficiency
in any field.
(b) A licensee shall not use a work area,
equipment or clothing that is unclean or unsanitary.
(c) A licensee shall not practice massage
therapy fraudulently, with gross incompetence, with
gross negligence on a particular occasion, or with
negligence or incompetence on more than one occasion.
(d) A licensee shall bill clients or third
parties for only those services actually rendered or as
agreed to by mutual understanding at the beginning of
services or as later modified by mutual agreement.
(e) For each client, a licensee shall keep
accurate records of the dates of massage therapy
services, types of massage therapy and billing
information. Such records must be maintained for a
minimum of two years.
(f) A licensee must obtain the written consent of
a parent or guardian to provide massage therapy services
to a person under the age of
17.
(g) On the written request of a client, a
client's guardian, or a client's parent if the client is
a under the age of 17, a licensee shall provide a
written explanation of the charges for massage therapy
services previously made on a bill or statement of the
client. This requirement applies even if the charges are
to be paid by a third party.
(h) A licensee shall provide an initial
consultation to each client(s) prior to the first
massage session and obtain the signature of the client
on the consultation document. The
consultation
document shall include:
(1) the type of massage techniques the licensee
anticipates using during the massage therapy session;
(2) the parts of the client's body that will be
massaged or the areas of the client's body that will be
avoided during the session, including indications and
contraindications;
(3) a statement that the licensee shall not
engage in breast massage
of female clients without the written consent of the
client;
(4) a statement that
draping will be used during the session, unless
otherwise agreed to by both the client and the licensee;
(5) a statement that if uncomfortable for any
reason, the client may ask the licensee to cease the
massage and the licensee will end the massage session;
and
(6) the signature of both the client and the
licensee.
(i) If the client's reason for seeking
massage changes at any time and any of the information
in subsection (h)(1) - (4) of this section is modified,
the licensee must provide an updated consultation
reflecting any changes and modifications to the
techniques used or the parts of the client's body to be
massaged.
(j) A licensee shall not abuse alcohol or drugs
in any manner which detrimentally affects the provision
of massage therapy or massage therapy instruction.
(k) A licensee may not persistently or
flagrantly overcharge or over treat a client.
(l) A licensee shall not practice in an
unlicensed massage establishment or massage school.
(m) A licensee shall not allow an unlicensed
person to engage in activity for which licensure is
required.
(n) A licensee shall not provide false
information on material submitted to the department.
(o) A licensee shall not interfere with a
department investigation by the willful
misrepresentation of facts to the department or its
authorized representative, or by the use of threats,
retaliation, or harassment against any person.
(p) A licensee shall comply with any formal order
issued by the department relating to the licensee.
(q) A licensee shall be subject to disciplinary
action by the department if the licensee is issued a
public letter of reprimand, is assessed a civil penalty
by a court, or has an administrative penalty imposed by
the attorney general's office under the Texas Code of
Criminal Procedure, §56.31.
(r) A licensee shall notify each client of the
name, mailing address, and telephone number of the
department for the purpose of directing
complaints to the department by providing
notification:
(1) on each written contract for services of a
licensee;
(2) on a sign prominently displayed in the
primary place of business of each licensee;
(3) on a bill for service provided by a
licensee to a client or third party; or
(4) by other written and documented method.
(s) A licensee shall keep his or her
licensure file updated by notifying the department, in
writing, of changes of names, address, telephone number
and employment.
(t) A licensee shall be subject to disciplinary
action for failure to truthfully respond in a manner
that fully discloses all information in an honest,
materially responsive, and timely manner to a complaint
filed with or by the department.
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| RULE §141.6 |
Sexual
Misconduct |
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| (a) A licensee shall not engage in
sexual contact during a session with a client. For
the purposes of this section, sexual contact includes:
(1) any touching of any part of the genitalia
or anus;
(2) any touching of the
breasts of a female
without the written consent of the female;
(3) any offer or agreement to engage in any
activity described in subsection (a)(1) or (2) of this
section;
(4) kissing without the consent of both
persons;
(5) deviate sexual intercourse, sexual contact,
sexual intercourse, indecent exposure, sexual assault,
prostitution, and promotion of prostitution as described
in the Texas Penal Code, Chapters 21, 22, and 43, or any
offer or agreement to engage in any such activities; or
(6) any behavior, gestures, or expressions
which may reasonably be interpreted as inappropriately
seductive or sexual;
(7) inappropriate sexual comments about or to a
client, including making sexual comments about a
person's body.
(b) A licensee shall not allow any
individual, including a client, student, licensee,
employee, or one's self to engage in sexual contact on
the premises of any massage school, massage
establishment, or the licensee's own place of business.
(c) A licensee shall not allow any individual,
including a student, licensee, employee, or one's self
to practice massage therapy or provide other massage
therapy services in the nude, while partially nude, or
in clothing designed to arouse or gratify the sexual
desire of any individual.
(d) A licensee shall not perform massage
therapy, whether or not for compensation, at or for a
sexually oriented business.
(e) A licensee shall immediately discontinue the
activity or the professional relationship when a client
initiates any verbal or physical contact with the
licensee that is intended to arouse or gratify the
sexual desire of either person.
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| Source Note: The provisions of this §141.6
adopted to be effective March 19, 2001, 26 TexReg 2173;
amended to be effective October 26, 2006, 31 TexReg 8672 |
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Questions Frequently Asked and Unasked
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