State Laws and Rules
Not publishedof exam
Scope of Practice
Not publishedof exam
Ethics and Boundaries
Not publishedof exam
Business and Advertising
Not publishedof exam
Health and Safety
Not publishedof exam
Quick Facts
- Exam
- TX Jurisprudence
- Regulator
- TDLR
- Law
- Occupations Code 455
- Rules
- 16 TAC Chapter 117
- Fee
- $34
- Format
- Online, 30-day window
- Questions
- Not published
- Time
- Not published
- Pass score
- Not published
- Required for
- MBLEx applicants
- License term
- 2 years
500-Hour Split
200 technique, 125 Swedish inside, 50 internship
Anatomy: 50Physiology: 25Kinesiology: 50Pathology: 40Hydrotherapy: 20Law and ethics: 45Hygiene and CPR: 20
Texas Exam vs MBLEx
Texas exam (PSI)
- State administered
- Law content included
- No jurisprudence exam
MBLEx (FSMTB)
- National exam
- Law content excluded
- Jurisprudence exam required
MBLEx route adds jurisprudence
Which Exam Route?
- Took Texas PSI exam→No jurisprudence exam(Law included)
- Took the MBLEx→Add jurisprudence exam(117.22)
- Paid jurisprudence fee→Finish within 30 days(No refund)
- Registration expired→Register and pay again(Fee forfeited)
- Passed over two years ago→Retest before applying(117.22(c))
- Licensed in another state→Two-year limit waived(117.20 route)
- Holding NCBTMB certification→Still pass approved exam(Not accepted)
Who Regulates Massage
- TDLR
- Licenses and enforces program
- Commission
- Adopts the massage rules
- Advisory board
- Nine members, six-year terms
- The Act
- Occupations Code Chapter 455Statute
- The rules
- 16 TAC Chapter 117Rules
- Procedural rules
- 16 TAC Chapter 60
- Executive director
- Issues emergency orders
- Program transfer
- Moved to TDLR, 2017
Late Renewal Ladder
90 days 1.5x, 18 months 2x
Under 90 days: 1.5xUnder 18 months: 2xUnder 3 years: approvalPast 3 years: none
Administrative vs Civil Penalty
Administrative penalty
- TDLR imposes
- Up to $5,000 daily
- Sanction classes A-D
Civil penalty
- A court imposes
- $1,000 to $10,000
- Attorney general may sue
Agency versus courtroom
Renewal Timing Picker
- Renewing on time→Pay $75 plus CE
- Expired 90 days or less→Pay 1.5 times fee
- Expired under 18 months→Pay 2 times fee
- Expired under three years→Need director approval(Plus double fee)
- Expired over three years→Late renewal unavailable
- Missing trafficking training→Complete before renewing(Chapter 116)
- Short on CE hours→Finish 12 hours first
License Types
- Massage therapist
- Practices for compensation
- Massage therapy instructor
- Teaches technique and internship
- Massage school
- Teaches the 500-hour program
- Massage establishment
- Place offering massage services
- Student permit
- Enrolled student; never expires
- CE provider
- Approved education sponsor
CE Math
12 hours, 50-minute clock, 6 CPR max
Term: 12 hoursClock hour: 50 minutesFirst aid and CPR: 6Semester hour: 15 hours
Student Permit vs License
Student permit
- $25, never expires
- Photo attached
- No paid practice
Therapist license
- $100, two years
- Photo on display
- Paid practice allowed
Enrolled versus licensed
TDLR Fees
- Therapist
- $100 initial117.100
- Therapist renewal
- $75 biennial
- Instructor
- $100 initial and renewal
- Establishment
- $200 initial and renewal
- School
- $1,500 initial; $1,000 renewal
- School extra location
- $500 initial and renewal
- School location change
- $300 with inspection
- CE provider
- $200 initial and renewal
- Student permit
- $25
- Duplicate license
- $25 replacement
- Refunds
- All TDLR fees non-refundable
500-Hour Curriculum
- Technique and theory
- 200 hours455.156
- Swedish minimum
- 125 of those hours
- Anatomy
- 50 hours
- Physiology
- 25 hours
- Kinesiology
- 50 hours
- Pathology
- 40 hours
- Hydrotherapy
- 20 hours
- Law, business, ethics
- 45 hours
- Health, hygiene, CPR
- 20 hours
- Internship
- 50 hours
Exam Requirements
- Route A
- Texas exam through PSI
- Route B
- MBLEx through FSMTB
- Jurisprudence exam
- Required after MBLEx route117.22
- Jurisprudence fee
- $34, vendor collected
- Completion window
- 30 days after payment
- Expired registration
- Fee lost; register again
- Item count
- Not published
- Time limit
- Not published
- Passing score
- Not published
- Score validity
- Two years before application
- NCBTMB certification
- Voluntary, not licensure
Renewal and CE
- License term
- Two years
- CE hours
- 12 per license term117.30
- Clock hour
- 50 minutes
- Semester hour
- 15 clock hours
- Quarter hour
- 10 clock hours
- CEU
- 0.1 equals one hour
- First aid and CPR
- Six hours per renewal
- Online CE
- No soft-tissue technique courses
- Trafficking training
- Before every renewal
- Background check
- Rerun at each renewal
- CE audit
- May follow the renewal
Late Renewal Rules
- 90 days or less
- 1.5 times renewal fee60.83
- 90 days to 18 months
- 2 times renewal fee
- 18 months to 3 years
- Double fee plus approval
- Past three years
- Late renewal unavailable
- Expired license
- No practice, no titles
Penalties and Sanctions
- Administrative penalty
- Up to $5,000 daily51.302
- Civil penalty
- $1,000 to $10,000 each
- Daily rule
- Each day a violation
- Class A
- $500 to $1,500
- Class B
- $1,000 to $2,500; suspension possible
- Class C
- $2,000 to $5,000; revocation possible
- Class D
- $5,000 and possible revocation
- Mandatory revocation
- Trafficking or sexually oriented business
- Criminal default
- Class C misdemeanor
- Repeat unlicensed practice
- Escalates to state jail felony
- Venue
- Travis or violation county
License vs Certification
TDLR license
- Legally required
- State issued
- Authorizes practice
NCBTMB certification
- Voluntary credential
- Privately issued
- Not accepted for licensure
Required versus optional
Key Definitions
- Massage therapy
- Soft tissue manipulation
- Effleurage
- Stroking
- Petrissage
- Kneading
- Tapotement
- Percussion
- Swedish gymnastics
- Listed statutory technique
- Other massage services
- Paid contact at establishment
- Compensation
- Fees, tips, barter, memberships
- Client
- Person receiving massage services
- Massage school
- Program plus two instructors
- Linens
- Sheets, towels, robes
- Nude
- Unclothed or barely covered
Scope Limits
- Health care service
- When therapeutic in purpose455.002
- Diagnosis
- Outside massage therapy scope
- Disease treatment
- Outside massage therapy scope
- Chiropractic
- Massage is not chiropractic
- Paid health-benefit contact
- Requires some state license
- Clients under 17
- Parent consent in writing
- Physician referrals
- Permitted for licensees
- Expired license
- No practice at all
- Unlicensed establishment
- Licensee may not practice
Chapter 455 Exemptions
- Physicians
- Within their own scope455.004
- Chiropractors
- Within their own scope
- Physical therapists
- Within their own scope
- Occupational therapists
- Within their own scope
- Nurses
- Within their own scope
- Cosmetologists
- Within their own scope
- Athletic trainers
- Within their own scope
- TEA-approved schools
- Chapter 455 does not apply
- State-approved instructors
- Chapter 455 does not apply
Protected Titles
- LMT
- Licensed massage therapist
- MT
- Massage therapist
- RMT
- Protected therapist abbreviation
- Masseur
- Equivalent therapist title
- Masseuse
- Equivalent therapist title
- Myotherapist
- Equivalent therapist title
- Massage technician
- Equivalent therapist title
- Body massager
- Equivalent therapist title
- Body rubber
- Equivalent therapist title
Always Drape Three
Genitals, gluteal cleavage, female breasts
Genitals: alwaysGluteal cleavage: alwaysBreasts: unless consentedConsent: written, per session
Consultation vs Breast Consent
Consultation document
- Once before first session
- Signed by both
- Updated when plans change
Breast consent
- Before each such session
- Signed and dated
- Never carries over
One intake vs per-session
Draping and Consent Picker
- Any client, any session→Drape genitals and gluteals
- Female client→Drape breasts by default
- Breast massage planned→Get written consent first(117.91(c))
- Second breast-massage session→Get new written consent(No carryover)
- Client is under 17→Get guardian written consent(117.90(g))
- Treatment goals change→Update consultation document(117.91(b))
- Client acts sexually→End session immediately(117.92(e))
- Licensee feels uncomfortable→May end the session
Draping Rules
- Genital area
- Draped at all times117.90(u)
- Gluteal cleavage
- Draped at all times
- Female breasts
- Draped unless consented massage
- Breast massage
- Needs written consent first
- Draping purpose
- Safety, comfort, privacy
- Who is covered
- All clients, every session
Consultation Document
- Timing
- Before the first session117.91
- Techniques
- Anticipated services listed
- Body parts
- Massaged or avoided listed
- Indications
- Listed with contraindications
- Breast statement
- Draping and consent rule
- Draping statement
- Genital and gluteal draping
- Client stop right
- Client may end session
- Licensee stop right
- Licensee may end session
- Sexual contact rule
- Session ends immediately
- Signatures
- Client and licensee sign
- Updates
- When goals or techniques change
- Breast consent
- New signature every session
Sexual Misconduct
- Genitalia or anus
- Any touching prohibited117.92
- Female breasts
- Only authorized breast massage
- Offer or agreement
- Counts as sexual contact
- Kissing
- Counts as sexual contact
- Penal Code offenses
- Chapters 21, 22, 43
- Seductive behavior
- Gestures and expressions included
- Sexual comments
- About a client's body
- On premises
- No sexual contact anywhere
- Nudity
- No nude or partial practice
- Sexually oriented business
- No massage, paid or unpaid
- Client initiates
- Discontinue the session immediately
Licensee Duties
- Deceptive claims
- Prohibited, including result warranties117.90
- Work area
- Clean and sanitary required
- Billing
- Only services actually rendered
- Gift certificates
- Honor or refund fully
- Client records
- Kept at least two years
- Charge explanation
- Written, on client request
- Alcohol and drugs
- No practice-impairing abuse
- Overcharging
- No overcharge or overtreatment
- Unlicensed practice
- Never allow or assist
- Complaint notice
- TDLR name, address, phone, web
- File updates
- Report name and address changes
- Investigations
- No interference or threats
Establishment Exemption GOSH
Government, One solo, Specialist employer, Hours limited
G: government ownedO: one solo practitionerS: specialist employs therapistH: 72 charity hours
Therapist vs Establishment
Therapist license
- $100 then $75
- A person practices
- 12 CE hours
Establishment license
- $200 then $200
- A place offers massage
- No CE requirement
Person versus place
Need an Establishment License?
- Solo, no assumed name→No license needed
- Solo with assumed name→Add legal name or number(Then exempt)
- Government-owned location→No license needed
- Chiropractor employs the therapist→No license needed(455.155)
- Charity event under 72 hours→No license needed
- Two therapists share space→Establishment license required
- Sexually oriented business→License never available
Advertising Rules
- The word massage
- Licensees or exempt persons only117.93
- Sexually oriented business
- Never massage or bath
- False advertising
- Prohibited and unverifiable claims
- Unjustified results
- No guaranteed outcome claims
- Comparisons
- Must be factually substantiated
- Credential confusion
- Prohibited in advertising
- Waived copays
- May not be advertised
- Fear-based appeals
- Prohibited in advertising
- Other profession titles
- May not be borrowed
- Assumed name
- Add legal name or number
- Establishment ads
- Include the license number
- School ads
- Say training, not employment
- Advertising presumption
- Presumed regulated conduct
Solo Practice vs Establishment
Solo practitioner
- Works alone
- May skip establishment license
- Name rules still apply
Massage establishment
- Employs or contracts therapists
- License always required
- Posts trafficking sign
Alone versus employing
Records and Display
- Client records
- Dates, types, billing information
- Retention
- Minimum of two years
- License display
- Public at business location117.23
- No primary office
- Carry current identification card
- Photo
- Current photo on front
- Establishment posting
- Each therapist license posted
- On request
- Show license to TDLR
- License ownership
- TDLR property, surrender on demand
- Establishment client files
- Consultations, notes, consents, billing
- Staff roster
- Names, license numbers, expirations
Establishment Duties
- Staffing
- Licensed massage therapists only117.82
- Worker file
- License copy on site
- Work eligibility
- Proof plus I-9 or contract
- Living space
- Solid wall or locked door
- Residency
- Nobody may live onsite
- Minors
- Written parental authorization required
- Nudity
- No nude or partial services
- Sexual contact
- Never allowed on premises
- Students
- Only approved internship work
- Trafficking sign
- Conspicuous and publicly visible
- Inspections
- TDLR inspects facility and records
- Sexually oriented business
- Cannot hold any license
Establishment Exemptions
- Government owned
- No establishment license needed117.84
- Solo, no assumed name
- No establishment license needed
- Solo with assumed name
- Add legal name or number
- Health professional employer
- Listed licensee employs therapist
- Charity events
- 72 hours per six months
- Sexually oriented business
- Never exempt, never licensed
Entity Fingerprint Triggers
- 10% of stock
- Personal or constructive holding117.80
- $25,000 market value
- More than that threshold
- Controlling interest
- Any controlling owner
- 10% profit share
- Direct or indirect interest
- Governing body
- Board or director members
- Elected officer
- Must submit fingerprints
- General manager
- Must submit fingerprints
Massage School Duties
- Monthly report
- Attendance and credit hours455.2035
- Completion notice
- Student is exam eligible
- Instructors
- At least two required
- Course hours
- No more than required
- Student permits
- Every enrolled student needs one
- Colleges
- Exempt from school license
Trafficking Sign Languages
English, Spanish, Korean, Mandarin, plus rule
Hotline: toll-free numberDPS: suspicious activityWhere: conspicuous public spotWho: establishments and schools
Sanitation Basics
- Health codes
- State and local compliance117.83
- Cleaning
- Routine plus bactericidal agent
- Equipment
- Good working condition always
- Restrooms
- Clean; never used for storage
- Handwashing
- Hot and cold running water
- Supplies
- Soap and towels stocked
- Trash
- Emptied daily, kept clean
- Furniture
- Washable, clean, in repair
- Electrical gear
- Sanitary and safe always
- Oils
- Kept in closed containers
Linens and Waste
- Clean linens
- Fresh set every client
- After one use
- Into a closed container
- Reuse
- Only after wash and disinfect
- Disinfectant
- Chlorinated bleach, hot water
- Disposables
- Discard immediately after use
Human Trafficking Rules
- Sign locations
- Establishments and massage schools455.207
- Languages
- English, Spanish, Korean, Mandarin
- Hotline
- Toll-free national number
- DPS contact
- For reporting suspicious activity
- Placement
- Conspicuous, visible to public
- Renewal training
- Approved course before renewal
- Emergency order
- Halts establishment during investigation
- Permanent bar
- Trafficking convictions block licensure
Common Traps
Exam route confusion
MBLEx adds jurisprudence exam ≠ Texas PSI exam does not
Consent timing
Consultation signed once ≠ Breast consent every session
Draping scope
Genitals and gluteals always ≠ Breasts unless consented massage
Solo is not unregulated
Establishment license may be skipped ≠ Advertising name rules still apply
Certification is not licensure
NCBTMB certification is voluntary ≠ TDLR license authorizes practice
Penalty types
TDLR assesses administrative penalties ≠ Courts assess civil penalties
Record retention
Client records two years ≠ Establishment keeps signed consents
Online CE limits
Theory courses allowed online ≠ Hands-on technique never online
Unpublished exam details
TDLR publishes no item count ≠ Third-party numbers are unofficial
Last Minute
- 1.Law: Occupations Code Chapter 455
- 2.Rules: 16 TAC Chapter 117
- 3.Jurisprudence exam: $34, 30 days
- 4.Count, time, score: not published
- 5.MBLEx route needs jurisprudence exam
- 6.Education: 500 hours, 125 Swedish
- 7.License term two years; renewal $75
- 8.CE: 12 hours; CPR six max
- 9.Trafficking training before every renewal
- 10.Drape genitals and gluteal cleavage
- 11.Breast massage: new written consent
- 12.Client records kept two years
- 13.Unlicensed persons cannot advertise massage
- 14.Charity exemption: 72 hours, six months
- 15.Administrative penalty $5,000 daily maximum
- 16.Civil penalty $1,000 to $10,000
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