Massage Therapists and Establishments Penalties and Sanctions

Massage Therapists and Establishments (MAS)
Texas Occupations Code, Chapter 455
Texas Occupations Code, Chapter 51
16 Texas Administrative Code, Chapter 117
16 Texas Administrative Code, Chapter 60

Class A:

$500 up to $1,500

Administrative Violations

• Failed to timely provide Department with continuing education information - 117.33(c)(3)
• Failed to notify the Department in writing of a change of name, address, telephone number or employment - 117.90(r)

Posting a Public Information Violations

• Failed to publicly display license in the appropriate location, or failed to carry current identification card - 455.204(a); 117.23(b); 117.82(d)
• Failed to notify clients of Department’s information for the purpose of directing complaints in a written contract for services, on a sign at the primary business, in a bill for services, or another written and documented method - 117.90(q)

Recordkeeping Violations

• Failed to maintain continuing education records for a period of five (5) years - 117.33(d)

Class B:

$1,000 up to $2,500 and/or up to 1-year full suspension

Administrative Violations

• Failed to surrender license upon demand of the Department - 455.154(b); 117.23(a); 117.82(e)
• Failed to present license upon request of authorized representative - 455.204(c)

Posting a Public Information Violations

• Failed to post in plain sight the license of each massage therapist practicing at that establishment - 455.204(b)

Unlicensed Activity

• Represented, held self out, or offered to perform as a massage therapist without the appropriate license - 455.151(b)
• Employed non-citizen without a valid work permit to perform massage services - 455.202(b)(1); 117.82(a)
• Employed minor without written authorization from parents/guardian - 455.202(b)(2);
• Used the word “massage” in any form of advertising without a license - 455.205(c); 117.93(a)
• Practiced massage therapy, held self out as licensed massage therapist, or implied held title related to licensed massage therapists with an expired license - 117.24(e)
• Advertised or offered to perform massage therapy or other massage services at an unlicensed massage therapy establishment - 455.151(b); 117.80(a); 117.84(b)
• Failed to obtain a new establishment license upon change of ownership - 117.85(a)
• Practiced in unlicensed establishment or school - 117.90(k)

Recordkeeping Violations

• Failed to properly maintain client records for at least two years - 455.202(c); 117.90(f)
• Failed to maintain sufficient documentation of each licensed massage therapists’ employment or contract relationship - 117.82(a)
• Failed to maintain sufficient list of all establishment employees and/or contractors - 117.82(h)(2)
• Failed to provide a consultation document with all required information to a client before the first session - 117.91(a)(1)-(6)
• Failed to provide client an updated consultation document after a change in the client’s reason for service - 117.91(b)

Sanitation Violations

• Violated applicable state and/or local sanitary or health codes and regulations - 117.83(a)
• Establishment and/or fixed equipment not cleaned on routine basis, not rendered free of harmful organisms through accepted bactericidal agent, or not maintained in good working condition. - 117.83(b)
• Toilet facility unsanitary or in disrepair, or used as storage room - 117.83(c)
• Failed to provide or supply adequate hand washing facilities - 117.83(d)
• Trash container unclean or not emptied daily - 117.83(e)
• Failed to dispose of disposable sheets, towels, or protectors incapable of disinfection immediately after use - 117.83(f)
• Failed to keep furniture, equipment, and/or other fixtures clean and in good repair - 117.83(g)
• Failed to keep electrical equipment safe and sanitary at all times - 117.83(g)
• Failed to use clean sheets on each client - 117.83(h); 117.83(i)
• Failed to properly discard soiled sheets - 117.83(i)
• Failed to wash used towels in chlorinated hot water - 117.83(j)
• Failed to keep oil in closed container - 117.83(k)

Ethical Violations

• Practiced massage therapy with negligence or incompetence on more than one occasion - 117.90(c)
• Failed to provide written explanation of charges upon request - 117.90(h)
• Overcharged or over treated a client - 117.90(j)
• Issued a public letter of reprimand, 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, Chapter 56, Subchapter B. - 117.90(p)

Advertising Violations

• Used assumed name without listing full legal name or license number as required - 117.93(c)

Class C:

$2,000 up to $5,000 and/or up to revocation

Administrative Violations

• Altered a license issued by the Department in any way - 117.23(a)
• Failed to provide client records upon Department request - 455.202(c)(2)
• Failed to cooperate with inspection or investigation - 117.82(f)(3); 117.90(s)

Unlicensed Activity

• Acted as a massage therapist without the appropriate license - 455.151(a)
• Performed or offered to perform for compensation any service with a purported health benefit that involves physical contact with a client without the appropriate license or authorization - 455.151(c)
• Employed an unlicensed person to perform massage services - 455.202(a); 117.90(l)
• Operated a massage establishment without a license 455.151(a); 455.206; 117.82(b)
• Allowed unlicensed student to provide massage services beyond the approved internship to the public - 117.82(g)(6)
  

Recordkeeping Violations

• Failed to properly maintain client records - 455.202(c); 117.82(h)(1); 117.90(f)
• Failed to provide a consultation document to client before initial massage therapy session - 117.91(a)

Prohibited Practices

• Failed to maintain sufficient separation between massage therapy establishment premises and rooms used for residential or sleeping purposes by a solid locked door - 117.82(c)
• Failed to immediately discontinue any activity or professional relationship after client engaged in conduct intended to arouse or gratify the sexual desire of either person - 117.92(e)

Ethical Violations

• Made deceptive, untrue, or fraudulent representations or employed a trick or scheme in the practice of massage therapy - 117.90(a)
• Practiced massage therapy fraudulently, with gross incompetence, or with gross negligence on a particular occasion - 117.90(c)
• Billed client for services not provided or for unwanted services - 117.90(d)
• Failed to either honor an unexpired gift certificate or to provide a full refund - 117.90(e)
• Provided massage therapy services to a minor without parent or guardian’s written consent - 117.90(g)
• Provided massage services while detrimentally affected by drug or alcohol abuse - 117.90(i)
• Provided false information on material submitted to the Department - 117.90(m)
• Made false, misleading, deceptive, fraudulent, or exaggerated claim or statement about services - 117.90(t)

Advertising Violations

• Sexually oriented business used the word “massage” or “bath” in any form of advertising - 455.205(d); 117.93(a)
• Used false, misleading, or deceptive advertising, or used advertising not readily subject to verification - 117.93(b); 117.90(t)
• Assumed name is false, misleading, or deceptive - 117.93(c)

Class D:

$5,000 and/or revocation

• Allowed a nude or partially nude employee to provide massage services to a customer - 455.202(b)(3); 117.82(g)(3); 117.82(i)(1)
• Allowed any individual to engage in sexual contact in the massage therapy establishment - 455.202(b)(4); 117.82(g)(4); 117.82(i)(2)
• Allowed any individual to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual - 455.202(b)(5); 117.82(g)(5); 117.82(i)(1)
• Engaged in sexual contact during a session with a client - 117.92(a)(1)-(7)
• Performed massage therapy at or for a sexually oriented business - 455.205(a); 117.92(d)
• Interfered with or attempted to interfere with an investigation by misrepresentation of facts, threats, or harassment against any person - 117.90(n)
• Failed to comply with previous order of Commission/Executive Director - 51.353(a); 117.90(o)
• Obtained or attempted to obtain a license by fraud or false representation - 60.23(a)(1)
• Used or provided unauthorized assistance in connection with a examination - 60.52(a)
• Failed to pay the Department for a dishonored payment - 60.82