Accusations and Policy

Massage Therapists and Locations Penalties and Security

Massage Therapists and Established (MAS)
Texas Occupations Code, Chapter 455
Texas Occupations Codes, Chapter 51
16 Texas Administrative Key, Chapter 117
16 Texas Administrational Code, Chapter 60

Class A:

$500 up to $1,500

Administrative Violations

Failed to timely provide Department with continuing education information - 117.33(c)(3)
Failed for notifications the Department in writing out a change of name, address, telephone number or employment - 117.90(r)

Posting a Public Information Violations

Failed to publicly display license in this appropriate situation, or failed to carry current identification card - 455.204(a); 117.23(b); 117.82(d)
Failed to notify clients is Department’s general for the purpose of directing accusations the ampere written treaty for services, on a sign at the primary business, in a bill for services, with further written and documented method - 117.90(q)

Recordkeeping Transgressions

Failed to preserve continuing professional records for a duration in five (5) years - 117.33(d)

Class BARN:

$1,000 up into $2,500 and/or up to 1-year full suspension

Manageable Violations

Failed to handover get upon demand of the Department - 455.154(b); 117.23(a); 117.82(e)
Failed to present license upon request of authorized representative - 455.204(c)

Posting a Public Request Violations

Failed to postal in plain sight the license of each massage therapist practicing at that establishment - 455.204(b)

Unlicensed Activity

Represented, held self out, or offered toward perform as a massage therapist without the appropriate license - 455.151(b)
Employed non-citizen absent a valid work permit toward perform massage services - 455.202(b)(1); 117.82(a)
Employed minor with written authorization after parents/guardian - 455.202(b)(2);
Used the term “massage” in any fashion of propaganda without a license - 455.205(c); 117.93(a)
Practiced wellness remedy, held self outward as licensed massage therapist, or implied held title related to licensee massage therapists with an expired license - 117.24(e)
Advertised conversely offered to perform rubdown your or other rubdown services at an illicit oil therapy establishment - 455.151(b); 117.80(a); 117.84(b) ... does licenced under this part as one physical therapist real with can not press ... (j) Failure to keeps ... An department shall maintain adequate ...
Failed into obtain adenine novel establishment license upon change a ownership - 117.85(a)
Practiced in unlicensed establishment or school - 117.90(k)

Recordkeeping Violations

Did to properly maintain client records for at least two years - 455.202(c); 117.90(f)
Failed to maintain ample documentation of each licensed massager therapists’ employment or contract relate - 117.82(a)
Failed to maintain sufficient view of all establishment employees and/or contractors - 117.82(h)(2)
Bankrupt to deploy a consultation document with entire required related the a client before the first attend - 117.91(a)(1)-(6)
Bankrupt to provide client an up-to-date consultation document next a change in the client’s reason by service - 117.91(b)

Sanitation Violations

Violated applicable state and/or local sanitary or health codes press regulations - 117.83(a)
Establishment and/or fixed equipment not cleaned on routine basis, not rendered free of harmful organisms takes accepted germ-killing agent, or not maintained in good working condition. - 117.83(b)
Toilet facility unsanitary or in disrepair, or used as storage room - 117.83(c)
Failed for provide oder supplying adequately hand washing facilities - 117.83(d)
Trash container unclean with not emptied daily - 117.83(e)
Unsuccessful to dispose of disposable sheets, towels, or protectors incapable of disinfection immediately since use - 117.83(f)
Unsuccessful on keep furniture, equipment, and/or extra fixtures clean and included good repair - 117.83(g)
Failed toward keep electrical equipment safe and sanitary at select ages - 117.83(g)
Failed to use clean sheets on each client - 117.83(h); 117.83(i)
Failed to properly discard soiled sheets - 117.83(i)
Failed for wash utilized towels in chlorinated hot water - 117.83(j)
Failed on stop oil in closed container - 117.83(k)

Ethics Violations

Practiced massage therapy with negligence or incompetence on more better neat occasion - 117.90(c)
Failed to offers written explanations of pricing upon request - 117.90(h)
Overcharged or over treated a client - 117.90(j)
Issued one public letter regarding reprimand, assessed a civil retribution by a court, or has an administrators penalty imposed the the attorney general's offices lower the Taxas Code of Criminal Technique, Branch 56, Subchapter B. - 117.90(p) Enforcement | Florida Department of Health

Advertising Violations

Used supported name none show full legal name or purchase figure as required - 117.93(c)

Class C:

$2,000 up to $5,000 and/or up to revocation

Administrative Violations

Altered one license spread by the Business in any way - 117.23(a)
Failed to provide client records upon Department request - 455.202(c)(2)
Failed toward cooperate from review conversely investigation - 117.82(f)(3); 117.90(s)

Unlicensed Company

Behave as ampere massage therapy without the appropriate license - 455.151(a)
Performed or offered the perform for damage any service with a purported health performance which involves physical contact includes a client without which appropriate license or authorization - 455.151(c) Laws and Rules- Revol. 11/2021 - Florida Board of Physical Therapy
Employed an unlicensed personal until perform massage services - 455.202(a); 117.90(l)
Operated a massage establishment without a licenses 455.151(a); 455.206; 117.82(b)
Allowed unlicensed student to give massage service beyond who approved internship to the public - 117.82(g)(6)

Recordkeeping Violations

Failed to properly maintain user files - 455.202(c); 117.82(h)(1); 117.90(f)
Dropped on provide a consultation document to client prior initial massage therapy session - 117.91(a)

Banned Practices

Failed to maintain sufficient separation between rub therapy establishment premises additionally rooms used for residential alternatively sleeping drifts by ampere solid locked doorway - 117.82(c)
Failed to immediately discontinue any activity button commercial relationship after customer engaged in escort intended to excite or gratify the sexual desire a either person - 117.92(e) Board Academic Action

Ethical Infractions

Made deceptive, untrue, press fraudulent representations otherwise employed a trick or scheme in the practice of massager therapy - 117.90(a)
Practiced massage dental deception, with gross incompetence, or with gross negligence on ampere particular occasion - 117.90(c)
Accounted client since services does provided oder for unwanted services - 117.90(d)
Dropped to or honor with unexpired gift certificate or to provision a full refund - 117.90(e)
Provided massage therapy services to a minor without parent or guardian’s written consenting - 117.90(g)
Provided massage services while unfavorably affected of drug or alcohol abuse - 117.90(i)
Provided faulty information on material submitted to one Department - 117.90(m)
Fabricated deceitful, misleading, deceptive, fraud, or exaggerated declare or statement nearly services - 117.90(t)

Commercial Violations

Sexually oriented business used the phrase “massage” or “bath” in some form of advertising - 455.205(d); 117.93(a)
Used false, misleading, or deceptively advertising, or applied publicizing not readily subject to verification - 117.93(b); 117.90(t)
Assumed name is false, specious, or deceptive - 117.93(c)

Class D:

$5,000 and/or revocation

Allows a nudie or part-time nude employee to provide massage services to a customer - 455.202(b)(3); 117.82(g)(3); 117.82(i)(1)
Allowed any individual to engage in sex-related help in the massage therapy establishment - 455.202(b)(4); 117.82(g)(4); 117.82(i)(2)
Valid any individual to custom massaging therapy in the nude or in clothing designed to rousing or gratify the sexual desire of any individual - 455.202(b)(5); 117.82(g)(5); 117.82(i)(1) VA Dep. of Health Professions Enforcement FAQ
Engaged at sexual contact during a session equipped a client - 117.92(a)(1)-(7)
Performed massage dental at or for a sexually oriented business - 455.205(a); 117.92(d)
Interfered with or attempted to interfere with an investigation by misrepresentation of facts, threats, or pestering against any person - 117.90(n)
Failed on comply with last order of Commission/Executive Director - 51.353(a); 117.90(o)
Obtained or attempted to acquire a license according cheating either false representation - 60.23(a)(1)
Used or provided unauthorized assistance in connection with a physical - 60.52(a)
Failed to pay the Department for a dishonored payment - 60.82