86R6840 SOS-D
By: Hernandez H.B. No. 2464
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of massage schools and the issuance of a
permit to massage school students and student interns; requiring an
occupational permit; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 455.053, Occupations Code, is amended to
read as follows:
Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. (a) Rules
adopted under this chapter relating to a massage school must
contain minimum standards for:
(1) the issuance, denial, renewal, suspension,
revocation, or probation of a license under this chapter;
(2) the qualifications of professional personnel;
(3) the supervision of professional personnel;
(4) the equipment essential to the education, health,
and safety of students, massage school personnel, and the public;
(5) the sanitary and hygienic conditions of a massage
school;
(6) the provision of massage therapy or other massage
services by a massage school or student;
(7) the maximum number of hours a student may
accumulate in a massage school's internship program before the
student is required to be licensed under this chapter;
(8) the educational and clinical records kept by a
massage school;
(9) the organizational structure of a massage school,
including the lines of authority and the delegation of
responsibility;
(10) fire prevention and safety in a massage school;
(11) the massage school's curriculum and educational
material;
(12) massage school inspections; and
(13) any other aspect of the operation of a massage
school that the commission considers necessary to protect students,
massage school personnel, or the public.
(b) The commission may adopt rules to:
(1) authorize a massage school to account for any
hours of instruction completed under this chapter on the basis of
clock hours or course hours; and
(2) establish standards for determining the
equivalency and conversion of clock hours to course hours and
course hours to clock hours.
SECTION 2. The heading to Section 455.151, Occupations
Code, is amended to read as follows:
Sec. 455.151. LICENSE OR PERMIT REQUIRED.
SECTION 3. Sections 455.151(b) and (c), Occupations Code,
are amended to read as follows:
(b) Unless the person is exempt from the licensing
requirement, a person may not represent that the person is a massage
therapist, massage school, massage therapy instructor, or massage
establishment unless the person holds an appropriate license under
this chapter. A person may not represent that the person is a
massage student or massage intern unless the person holds a student
permit issued under Section 455.1581.
(c) A person may not for compensation perform or offer to
perform any service with a purported health benefit that involves
physical contact with a client unless the person:
(1) holds an appropriate license or student permit
issued under this chapter; or
(2) is licensed or authorized under other law to
perform the service.
SECTION 4. Subchapter D, Chapter 455, Occupations Code, is
amended by adding Section 455.1581 to read as follows:
Sec. 455.1581. STUDENT PERMIT. (a) The department shall
require a student to hold a student permit if the student:
(1) is enrolled in a massage school in this state; or
(2) participates in a student internship program under
Section 455.159.
(b) The department shall issue a student permit to an
applicant who:
(1) submits an application to the department for a
student permit in the form prescribed by the executive director;
(2) satisfies other requirements specified by the
department; and
(3) submits with the application a nonrefundable
application fee in an amount set by the commission.
(c) The permit must:
(1) state the student's name; and
(2) state the name of the school in which the student
is enrolled or the name of the school or massage therapy instructor
who supervises and directs the student in a student internship
program under Section 455.159, as applicable.
(d) A student permit expires on the first anniversary of the
date of issuance.
(e) A student permit holder may renew the permit by
submitting to the department a renewal application on a form
prescribed by the executive director. The department may not
charge a fee to renew a permit under this subsection.
(f) A student permit holder who provides massage therapy as
part of an internship program or without compensation is exempt
from licensing under this chapter.
SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
amended by adding Sections 455.2031 and 455.2032 to read as
follows:
Sec. 455.2031. DAILY ATTENDANCE REPORTS. (a) A massage
school shall maintain an attendance book showing a record of the
students' daily attendance.
(b) The department may inspect a school's attendance record
book at any time.
Sec. 455.2032. REPORTS TO DEPARTMENT. (a) A massage school
shall maintain a monthly progress report regarding each student
attending the school. The report must certify the daily attendance
record of each student and the number of course hours and internship
hours earned by each student during the previous month.
(b) On a student's completion of a prescribed course of
instruction, a massage school shall notify the department that the
student has completed the required number of hours and is eligible
to take the appropriate examination.
(c) A massage school shall furnish to the department:
(1) the current course completion rates of students
who attend a course of instruction offered by the school; and
(2) job placement rates and employment rates of
students who complete the school's course of instruction.
SECTION 6. The heading to Section 455.204, Occupations
Code, is amended to read as follows:
Sec. 455.204. DISPLAY OF LICENSE OR PERMIT.
SECTION 7. Sections 455.204(a) and (c), Occupations Code,
are amended to read as follows:
(a) A person who holds a license or student permit shall
publicly display the license or permit, as applicable, as specified
by the department.
(c) Each massage school, massage student or intern, massage
establishment, massage therapy instructor, or massage therapist
shall present the person's license or student permit, as
applicable, on the request of the department, an authorized
representative of the department, or a peace officer.
SECTION 8. Section 455.158, Occupations Code, is repealed.
SECTION 9. (a) A massage school shall submit the first
monthly report and the first notice of student completion and
eligibility required under Section 455.2032, Occupations Code, as
added by this Act, not later than January 1, 2020.
(b) Not later than December 1, 2019, the Texas Commission of
Licensing and Regulation, the Texas Department of Licensing and
Regulation, and the executive director of the Texas Department of
Licensing and Regulation, as appropriate, shall adopt any rules or
forms necessary to implement the changes in law made by this Act to
Chapter 455, Occupations Code.
(c) Not later than December 1, 2019, the Texas Department of
Licensing and Regulation shall begin accepting applications for and
issuing student permits under Section 455.1581, Occupations Code,
as added by this Act.
(d) Notwithstanding Section 455.151, Occupations Code, as
amended by this Act, Section 455.1581, Occupations Code, as added
by this Act, Section 455.204, Occupations Code, as amended by this
Act, and the repeal by this Act of Section 455.158, Occupations
Code, a student enrolled in a massage school in this state or
participating in a student internship program under Section
455.159, Occupations Code, is not required to comply with the
changes in law made by this Act until June 1, 2020.
SECTION 10. This Act takes effect September 1, 2019.