Damn after reading all that I'm just going to go into the back of the building and massage myself. :-( Originally Posted by simplyme
Yeah but if you get caught...you could be in big trouble unless you hold a license! You bad boy, you!
- vnurse
- 06-28-2011, 08:02 PM
Yeah but if you get caught...you could be in big trouble unless you hold a license! You bad boy, you!
- Gypsy
- 07-25-2011, 05:14 PM
I do know of a situation where a girl was given a ticket (Class C Misdemeanor) just for advertising on the back page. Cop showed up, wrote a ticket, no session, no massage, nothing. She was charged with violating Texas Occupations Code Sec. 455.151(b) which states:
(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.
(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.
The interpretation was just by advertising body rubs you are holding yourself out to be a MT, and that is a violation of the statute unless you are licensed.
- norayorkie
- 08-20-2011, 12:59 PM
You may have a national certification, but I believe you still have to get licensed in each state, or at least in Texas you would. Just because you are certified to have completed a course, does not mean your certification allows you to perform 'body manipulations' on a person. State still wants to (1) make sure you learned the right stuff and (2) COLLECT YOUR REGISTRATION FEES. Originally Posted by tigercatI am also a CMT and your right every state that I wanted to do massage therapy I had to turn in my diplomas my grades in school and my certification certificate to get their state license.
- Sensia
- 08-20-2011, 04:41 PM
There is no such thing as a national massage license. There are national massage and federal massage tests, but the names are deceiving because you are not nationally or federally licensed just because you take those tests nor are those test givers accepted by all states.
Every state requires something different. If you are licensed here in Texas and move somewhere else requirements may be different and your Texas license may not be accepted. I know of LMT's have come from Florida, California, New York who have trained and practiced for years but have to do the 500 hour schooling all over again here in Texas to get a Texas License.
If you practice without a license in Texas you can be fined big time. If your fined enough times you get jail time.
You cannot advertise body rubs or sensual body rubs or any like statement without an actual massage license period. One caveat however, is that giving a foot massage / foot reflexology alone is not considered massage therapy, so we are seeing a lot of asian foot spa's pop up all over the place where none of the people working in those establishments have massage licenses.
You cannot practice in the nude or partially nude if you do have a license.
Here is some additional information:
http://www.dshs.state.tx.us/massage/mt_aquestions.shtm
Other interesting facts:
The job of licensing and inspecting (Spa's, Salons, individual therapists) falls to Texas Department of State Health Services, but the state relies heavily on local police to enforce the regulations. There is just one full-time state investigator assigned to routine inspections of licensed businesses. Five investigators, shared with other state programs, review and investigate complaints against licensees.
Christine Mann (Texas department spokesperson) said the massage licensing program could be eliminated as part of a series of proposed budget cuts, though any decision to do so would be made by the Texas Legislature.
"One of those options is to eliminate the massage therapy licensing program in Texas worth $1.5 million over the 2012-2013 biennium,"
Every state requires something different. If you are licensed here in Texas and move somewhere else requirements may be different and your Texas license may not be accepted. I know of LMT's have come from Florida, California, New York who have trained and practiced for years but have to do the 500 hour schooling all over again here in Texas to get a Texas License.
If you practice without a license in Texas you can be fined big time. If your fined enough times you get jail time.
You cannot advertise body rubs or sensual body rubs or any like statement without an actual massage license period. One caveat however, is that giving a foot massage / foot reflexology alone is not considered massage therapy, so we are seeing a lot of asian foot spa's pop up all over the place where none of the people working in those establishments have massage licenses.
You cannot practice in the nude or partially nude if you do have a license.
Here is some additional information:
http://www.dshs.state.tx.us/massage/mt_aquestions.shtm
Other interesting facts:
The job of licensing and inspecting (Spa's, Salons, individual therapists) falls to Texas Department of State Health Services, but the state relies heavily on local police to enforce the regulations. There is just one full-time state investigator assigned to routine inspections of licensed businesses. Five investigators, shared with other state programs, review and investigate complaints against licensees.
Christine Mann (Texas department spokesperson) said the massage licensing program could be eliminated as part of a series of proposed budget cuts, though any decision to do so would be made by the Texas Legislature.
"One of those options is to eliminate the massage therapy licensing program in Texas worth $1.5 million over the 2012-2013 biennium,"
- cinderbella
- 11-24-2011, 03:00 PM
Okay, this is super confusing. I found something by a group called texashealthfreedom.com that is trying to pass HBNO 1716 Sec. 1 subtitle M, title 3, occupations code chapter 704 for complementary and alternative health care services. If this bill is passed, all one would have to do is have a business permit displayed and a disclaimer letting clients know that the understanding is that this is not considered anything that interferes with professional medical care. Lastly, you may only ask for a donation and then there are alot of terms one can use such as: acupressure, anthroscopy, aromatherapy, ayurveda (what is that?), healing touch and BODY WORK or mind body healing practice. I noticed on alot of bp provider ads in Austin this type of wordage showing up so people are reading up on the bill. I for one practice from my home in a very small town and advertise discreetely not showing any provocative photos. I don't screen yet, and have been relying on some advice a former cop friend gave me as well as questioning about employment and encouraging new clients to get naked while I remain clothed. Lastly, I claim every penny earned and pay taxes via a local accountant and only operate during normal business hours. I would love to get a massage license but don't have a spare 4 grand to pay for classes so this is a very important topic for me as I only wish to earn a living and play by the rules as often as I can.
- cinderbella
- 11-24-2011, 03:10 PM
Oh, I forgot something very important. Don't advertise in bodyrub section of bp (I advertise under theraputic) and you have to make a disclaimer clear in advertisement, THIS IS NOT A MASSAGE PARLOR! I am getting ready to go the likes of nurse vicki thought, going to screen and put out a website where I can post photos and be more adventurous now that I have a couple of years in the biz experience under my belt. My clients always tell me I have magic hands!!
- Xenia
- 11-25-2011, 03:35 AM
A helpful entry from the Texas Department of State Health Services in reference to 'Body Rubs'. Similar content has been posted already concerning the synonymous use of the term with 'massage'. BackPage still has postings in this section (Body Rubs), which for legal purposes should be changed. I personally think there should be a section called Massage Therapy or similar for licensed professionals and a section for Alternative Services to avoid confusion. Those that add postings should seriously educate themselves and between the lines about this practice. While it can be rewarding, it can be costly and illegal on many levels. Unfortunately, ignorance has caused this to become looked upon very negatively :-( Educate yourselves ppl to avoid Jail time!
Massage Therapy Licensing Program About the Profession - Scope of Practice
Definitions and Description of Practice
"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."
Practices in massage therapy include the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths.
Massage therapy constitutes a health care service if the massage therapy is for therapeutic purposes. Massage therapy does not constitute the practice of chiropractic. The terms therapy and therapeutic when used in the context of massage therapy practice do not include (1) the diagnosis or treatment of illness or disease; or (2) a service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
(an exerpt from the Texas Dept of State Health Services, Nov 2011)
Massage Therapy Licensing Program About the Profession - Scope of Practice
Definitions and Description of Practice
"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."
Practices in massage therapy include the use of oil, salt glows, heat lamps, hot and cold packs, and tub, shower, or cabinet baths.
Massage therapy constitutes a health care service if the massage therapy is for therapeutic purposes. Massage therapy does not constitute the practice of chiropractic. The terms therapy and therapeutic when used in the context of massage therapy practice do not include (1) the diagnosis or treatment of illness or disease; or (2) a service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
(an exerpt from the Texas Dept of State Health Services, Nov 2011)