Texas 2019 - 86th Regular

Texas House Bill HB2464 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R17893 SOS-D
2		-	By: Hernandez, Frullo H.B. No. 2464
	2	+	By: Hernandez H.B. No. 2464
	3	+	Substitute the following for H.B. No. 2464:
	4	+	By: Hernandez C.S.H.B. No. 2464
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the regulation of massage schools and the issuance of a
8	10		permit to massage school students; requiring an occupational
9	11		permit; authorizing a fee.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 455.053, Occupations Code, is amended to
12	14		read as follows:
13	15		Sec. 455.053. RULES REGARDING MASSAGE SCHOOLS. (a) Rules
14	16		adopted under this chapter relating to a massage school must
15	17		contain minimum standards for:
16	18		(1) the issuance, denial, renewal, suspension,
17	19		revocation, or probation of a license under this chapter;
18	20		(2) the qualifications of professional personnel;
19	21		(3) the supervision of professional personnel;
20	22		(4) the equipment essential to the education, health,
21	23		and safety of students, massage school personnel, and the public;
22	24		(5) the sanitary and hygienic conditions of a massage
23	25		school;
24	26		(6) the provision of massage therapy or other massage
25	27		services by a massage school or student;
26	28		(7) the maximum number of hours a student may
27	29		accumulate in a massage school's internship program before the
28	30		student is required to be licensed under this chapter;
29	31		(8) the educational and clinical records kept by a
30	32		massage school;
31	33		(9) the organizational structure of a massage school,
32	34		including the lines of authority and the delegation of
33	35		responsibility;
34	36		(10) fire prevention and safety in a massage school;
35	37		(11) the massage school's curriculum and educational
36	38		material;
37	39		(12) massage school inspections; and
38	40		(13) any other aspect of the operation of a massage
39	41		school that the commission considers necessary to protect students,
40	42		massage school personnel, or the public.
41	43		(b) The commission may adopt rules to:
42	44		(1) authorize a massage school to account for any
43	45		hours of instruction completed under this chapter on the basis of
44	46		clock hours or course hours; and
45	47		(2) establish standards for determining the
46	48		equivalency and conversion of clock hours to course hours and
47	49		course hours to clock hours.
48	50		SECTION 2. The heading to Section 455.151, Occupations
49	51		Code, is amended to read as follows:
50	52		Sec. 455.151. LICENSE OR PERMIT REQUIRED.
51	53		SECTION 3. Section 455.151(b), Occupations Code, is amended
52	54		to read as follows:
53	55		(b) Unless the person is exempt from the licensing
54	56		requirement, a person may not represent that the person is a massage
55	57		therapist, massage school, massage therapy instructor, or massage
56	58		establishment unless the person holds an appropriate license under
57	59		this chapter. A person may not represent that the person is a
58	60		massage student unless the person holds a student permit issued
59	61		under Section 455.1581.
60	62		SECTION 4. Subchapter D, Chapter 455, Occupations Code, is
61	63		amended by adding Section 455.1581 to read as follows:
62	64		Sec. 455.1581. STUDENT PERMIT. (a) The department shall
63	65		require a student to hold a student permit if the student is
64	66		enrolled in a massage school in this state.
65	67		(b) The department shall issue a student permit to an
66	68		applicant who:
67	69		(1) submits an application to the department for a
68	70		student permit in the form prescribed by the department;
69	71		(2) satisfies other requirements specified by the
70	72		department; and
71	73		(3) pays the application fee set by the commission.
72	74		(c) The permit must:
73	75		(1) state the student's name; and
74	76		(2) state the name of the school in which the student
75	77		is enrolled.
76	78		(d) A student permit holder who provides massage therapy as
77	79		part of the course of instruction required for a massage therapist
78	80		license:
79	81		(1) is exempt from licensing under this chapter; and
80	82		(2) may not be compensated for providing massage
81	83		therapy.
82	84		SECTION 5. Subchapter E, Chapter 455, Occupations Code, is
83	85		amended by adding Sections 455.2031 and 455.2032 to read as
84	86		follows:
85	87		Sec. 455.2031. DAILY ATTENDANCE RECORDS. (a) A massage
86	88		school shall maintain an attendance record of the students' daily
87	89		attendance in a manner prescribed by the department.
88	90		(b) The department may inspect a school's attendance record
89	91		at any time.
90	92		Sec. 455.2032. REPORTS TO DEPARTMENT. (a) A massage school
91	93		shall maintain a monthly progress report regarding each student
92	94		attending the school. The report must certify the daily attendance
93	95		record of each student and the number of course hours and internship
94	96		hours earned by each student during the previous month.
95	97		(b) On a student's completion of a prescribed course of
96	98		instruction, a massage school shall notify the department that the
97	99		student has completed the required number of hours.
98	100		(c) On completion of the required number of hours, the
99	101		department shall determine whether a student is eligible to take
100	102		the appropriate examination.
101	103		SECTION 6. The heading to Section 455.204, Occupations
102	104		Code, is amended to read as follows:
103	105		Sec. 455.204. DISPLAY OF LICENSE OR PERMIT.
104	106		SECTION 7. Sections 455.204(a) and (c), Occupations Code,
105	107		are amended to read as follows:
106	108		(a) A person who holds a license or student permit shall
107	109		publicly display the license or permit, as applicable, as specified
108	110		by the department.
109	111		(c) Each massage school, massage student, massage
110	112		establishment, massage therapy instructor, or massage therapist
111	113		shall present the person's license or student permit, as
112	114		applicable, on the request of the department, an authorized
113	115		representative of the department, or a peace officer.
114	116		SECTION 8. Section 455.158, Occupations Code, is repealed.
115	117		SECTION 9. (a) Not later than March 1, 2020, the Texas
116	118		Commission of Licensing and Regulation and the Texas Department of
117	119		Licensing and Regulation, as appropriate, shall adopt any rules or
118	120		forms necessary to implement the changes in law made by this Act to
119	121		Chapter 455, Occupations Code.
120	122		(b) Notwithstanding Section 455.151, Occupations Code, as
121	123		amended by this Act, Section 455.1581, Occupations Code, as added
122	124		by this Act, Section 455.204, Occupations Code, as amended by this
123	125		Act, and the repeal by this Act of Section 455.158, Occupations
124	126		Code, a student enrolled in a massage school in this state is not
125	127		required to comply with the changes in law made by this Act until
126	128		June 1, 2020.
127	129		(c) A massage school shall submit the first monthly report
128	130		and the first notice of student completion required under Section
129	131		455.2032, Occupations Code, as added by this Act, not later than
130	132		July 1, 2020.
131	133		SECTION 10. This Act takes effect September 1, 2019.