Texas Law on Massage Therapist Eligibility
Overview
Massage therapy by a licensed massage therapist is considered a health care service and is governed by Chapter 455 of the Texas Health and Safety Code. Violation of the code can result in criminal and civil penalties.
Licensing
A license is required to perform massage therapy or operate a massage school or massage establishment. Licensing requires completion of an accredited massage therapy program and successful application to the Texas Department of State Health Services.
Eligibility
Criminal background checks are mandatory. A person convicted of a felony or misdemeanor involving a crime of moral turpitude in the previous five years is ineligible for a license. A person convicted of or receiving a deferred adjudication for a sexual offense or violation of Chapter 455 is ineligible for a license.
Criminal Penalties
Receiving compensation for massage services without a valid license or operating a massage school or establishment without a valid license is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine, as of 2010. Repeated violations could result in enhancement to a Class A misdemeanor, punishable by up to 365 days in jail and a $4,000 fine, as of 2010, or a state jail felony, punishable by up to two years in state jail and a $10,000 fine, as of 2010.
Civil Penalties
Anyone in violation of Chapter 455 or anyone who appears to be in danger of violation of Chapter 455 can be fined from $1,000 to $10,000 for each day a violation occurs.
