A massage establishment may hire only licensed massage therapists, and it must not allow several listed conduct or staffing practices. It also must keep client records and provide them to the department on request.
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 legal permanent resident with a valid work permit; (2) employ a minor unless the minor's parent or legal guardian authorizes in writing the minor's employment by the establishment; (3) allow a nude or partially nude employee to provide massage therapy or other massage services to a customer; (4) allow any individual, including a client, student, license holder, or employee, to engage in sexual contact in the massage establishment; (5) allow any individual, including a student, license holder, or employee, to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual; or (6) allow any individual, including a student, license holder, or employee, to reside on the premises of the massage establishment. (c) A massage establishment shall: (1) properly maintain and secure for each client the initial consultation documents, all session notes, and related billing records; and (2) make available to the department on request the information kept as provided by Subdivision (1). (d) For purposes of this section: (1) "Nude" means a person who is: (A) entirely unclothed; or (B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts or any portion of the genitals or buttocks. (2) "Sexual contact" includes: (A) any touching of any part of the genitalia or anus; (B) any touching of the breasts of a female without the written consent of the female; (C) any offer or agreement to engage in any activity described in Paragraph (A) or (B); (D) kissing without the consent of both persons; (E) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution as described in Chapters 21, 22, and 43, Penal Code, or any offer or agreement to engage in such activities; (F) any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual; or (G) inappropriate sexual comments about or to a client, including sexual comments about a person's body. (e) Subsection (b)(6) does not apply to: (1) a place of business exempted under Section 455.155(c)(2) from the requirement to hold a license as a massage establishment; or (2) a licensed massage therapist who practices as a solo practitioner and who is exempted under Section 455.155(b) from the requirement to hold a license as a massage establishment. 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, 2005. Acts 2019, 86th Leg., R.S., Ch. 1136 (H.B. 2747), Sec. 1, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 50, eff. September 1, 2021.