SECTION 117.82. Massage Establishments--General Requirements

(a) A massage establishment shall employ or contract with only licensed massage therapists to perform massage therapy or other massage services. Documentation of the employment or contract relationship and verification that the licensed massage therapist is a United States citizen or a legal permanent resident with a valid work permit shall be maintained by the massage establishment and made available during an inspection or investigation. Required documentation for each person providing massage therapy or other massage services shall include:

(1) a copy of the current massage therapist license;

(2) proof of eligibility to work in the United States; and

(3) if an employee, a completed I-9 form, or if under an independent contractor or contract labor agreement, a copy of the contract signed by both the owner or operator and the licensed massage therapist.

(b) No massage establishment shall be operated until the department has approved and licensed the establishment.

(c) A massage establishment must maintain separation from rooms used wholly or in part for residential or sleeping purposes by a solid wall or by a wall with a solid door which shall remain locked during business hours.

(d) A massage establishment must display the license in a prominent location in the establishment where it is available for inspection by the public.

(e) A license issued by the department is the property of the department and must be surrendered on demand.

(f) Massage establishments shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H.

(g) A massage establishment may not:

(1) employ or contract with 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 an unlicensed student to provide massage therapy or other massage services to the public beyond the department-approved internship.

(h) A massage establishment shall:

(1) properly maintain and secure for each client the initial consultation documents, all session notes, written consent documents, and related billing records; and

(2) maintain a current list of all establishment employees and/or contractors at all times which includes:

(A) full name; and

(B) license number and expiration date (if licensed as a massage therapist).

(i) 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 client, unless the touching is breast massage that is specifically authorized by the client as required in §117.91;

(C) any offer or agreement to engage in any activity described in subparagraph (A) or (B);

(D) kissing;

(E) deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution as described in Texas Penal Code, Chapters 21, 22, and 43, 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.

(j) A massage establishment must display a sign containing human trafficking information as required by Texas Occupations Code, Chapter 455, §455.207, in a form and manner prescribed by the commission that is:

(1) in a conspicuous place clearly visible to the public; and

(2) acceptable to the department.

(k) A massage establishment shall not allow any individual, including a student, license holder, or employee, to reside on the premises of the massage establishment. This does not apply to a place of business exempted by Texas Occupations Code Chapter 455, §455.155(c)(2), from the requirement to hold a license as a massage establishment or to a licensed massage therapist who practices as a solo practitioner and who is exempted under Texas Occupations Code Chapter 455, §455.155(b), from the requirement to hold a license as a massage establishment.

Source Note: The provisions of this §117.82 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective April 1, 2021, 46 TexReg 2003; amended to be effective January 1, 2022, 46 TexReg 9029; amended to be effective January 15, 2023, 48 TexReg 43