SECTION 117.91. Consultation Document and Written Consent

(a) A licensee shall provide an initial consultation to each client before the first massage therapy session and obtain the signature of the client on the consultation document. The consultation document shall include:

(1) the type of massage therapy services or 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 drape the breasts of all female clients and not engage in breast massage of female clients unless the client gives written consent before each session involving breast massage;

(4) a statement that draping of the genital area and gluteal cleavage will be used at all times during the session for all clients;

(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;

(6) a statement that the licensee may end the massage session if the licensee feels uncomfortable for any reason;

(7) a statement that the licensee must immediately end the massage session if a client initiates any verbal or physical contact that is sexual in nature; and

(8) the signature of both the client and the licensee.

(b) If the client's reason for seeking massage therapy changes at any time or any of the information in subsection (a)(1) - (3), 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.

(c) A licensee shall obtain a new written consent, signed and dated by the client, before each session in which breast massage of a female client will be performed. This written consent may be documented on a new consultation document or in a separate document.

Source Note: The provisions of this §117.91 adopted to be effective November 1, 2017, 42 TexReg 4991; 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