Adoption of Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Massage Therapists
16 TAC Chapter 147, repeal §§147.1 - 147.55

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 147, §§147.1 - 147.55, regarding the Massage Therapy program, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 511). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Commission and the Texas Department of Licensing and Regulation (Department).

On August 18, 2017, the Commission adopted its own set of rules for the Massage Therapy program located at 16 TAC Chapter 117. The Commission’s rules were effective November 1, 2017. (42 TexReg 4991). The Department officially commenced all regulatory functions for the Massage Therapy program on November 1, 2017.

The current 16 TAC Chapter 147 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 140, Subchapter H. The adopted repeal is necessary to complete the implementation of S.B. 202.

The proposed repeal of §§147.1-147.55 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Massage Therapy program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the February 2, 2018, issue of the Texas Register (43 TexReg 511). The deadline for public comment was March 5, 2018. The Department did not receive any comments during the 30-day public comment period.

At its meeting held on March 27, 2018, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adoption.

[ §147.1 Definitions. ]

[ §147.2 Fees. ]

[ §147.3 Processing Applications. ]

[ §147.4 General Ethical Requirements. ]

[ §147.5 Consultation Document. ]

[ §147.6 Sexual Misconduct. ]

[ §147.7 Advertising. ]

[ §147.8 Massage Therapy Licenses. ]

[ §147.9 Qualifications for Licensure as a Massage Therapist. ]

[ §147.10 Massage Therapist Application Procedures and Documentation. ]

[ §147.11 Provisional Massage Therapist License. ]

[ §147.12 Examinations Required for Licensure as a Massage Therapist. ]

[ §147.13 Massage Therapist License Renewal. ]

[ §147.14 Hour Requirements for Continuing Education for Massage Therapists. ]

[ §147.15 Acceptable Continuing Education for Massage Therapists. ]

[ §147.16 Activities Unacceptable as Continuing Education for Massage Therapists. ]

[ §147.17 Pre-approved Continuing Education Providers. ]

[ §147.18 Reporting Continuing Education. ]

[ §147.19 Massage School General Provisions and Inspections. ]

[ §147.20 Massage School Application Procedures and Documentation. ]

[ §147.21 Massage School Administrative Personnel. ]

[ §147.22 Massage School Instructors. ]

[ §147.23 Massage School Financial Stability. ]

[ §147.24 Change of Massage School Ownership. ]

[ §147.25 Massage School License Renewal. ]

[ §147.26 Massage School Locations. ]

[ §147.27 Massage School Curriculum Outline and Internship. ]

[ §147.28 Advanced Course Work. ]

[ §147.29 Massage School Admission Requirements. ]

[ §147.30 Massage School Enrollment Procedures. ]

[ §147.31 Massage School Tuition and Fees. ]

[ §147.32 Massage School Conduct Policy. ]

[ §147.33 Massage School Cancellation and Refund Policy. ]

[ §147.34 Massage School Minimum Progress Standards. ]

[ §147.35 Massage School Attendance Standards. ]

[ §147.36 Massage School Equipment and Facility Requirements. ]

[ §147.37 Massage School Transcripts and Records. ]

[ §147.38 Student Grievances. ]

[ §147.39 Massage School Fire Safety. ]

[ §147.40 Massage School Sanitation. ]

[ §147.41 Massage Establishment Application Procedures and Licensure. ]

[ §147.42 General Requirements for Massage Establishments. ]

[ §147.43 Sanitation Requirements for Massage Establishments. ]

[ §147.44 Massage Establishment Renewal. ]

[ §147.45 Massage Establishment Exemptions. ]

[ §147.46 Massage Establishment Change of Ownership or Change of Location. ]

[ §147.47 Filing Complaints. ]

[ §147.48 Investigation of Complaints. ]

[ §147.49 Grounds for Denial of License or Disciplinary Action. ]

[ §147.50 Formal Hearings. ]

[ §147.51 Suspension of License for Failure to Pay Child Support. ]

[ §147.52 Informal Disposition. ]

[ §147.53 Licensing of Persons with Criminal Background. ]

[ §147.54 Request for Criminal History Evaluation Letter. ]

[ §147.55 Licensing of Military Service Members, Military Veterans, and Military Spouses. ]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on April 5, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation