16 Tex. Admin. Code § 117.2 - Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas
Occupations Code, Chapter 455, relating to the regulation of massage
therapists, massage therapy instructors, massage schools, and massage
establishments.
(2) Anatomy--The
study of the structure of the human body including the following areas: bones,
joints and muscles, the skin, blood and blood vessels, cells, tissues and
membranes, the heart, the brain, spinal cord and nerves, the lymphatic system,
the digestive system, the respiratory system, the urinary system, the
reproductive system, glands and hormones.
(3) Applicant--A person who submits an
application to the department. The term includes: owner, owner's agent,
operator, principal, officer, or general manager of the applicant.
(4) Business practices and professional
ethics--The study of standard bookkeeping and accounting practices, office
practices, and advertising, and ethical guidelines for massage therapists
established by law or the department.
(5) Client--An individual or patron seeking
or receiving massage therapy services.
(6) Commission--The Texas Commission on
Licensing and Regulation.
(7)
Compensation--Any and all forms of payment as remuneration for the provision of
massage therapy or other massage therapy services, including but not limited
to, fees, tips, memberships, goods, services, barter, or any other exchange or
any value made to or on behalf of a licensee, an unlicensed person, or an
unlicensed business. Compensation includes discounted, reduced, or waived
student fees for tuition, books, supplies, or other educational
expenses.
(8) Department--The Texas
Department of Licensing and Regulation.
(9) Distance learning--A formal instructional
process in which the student and instructor are separated by physical distance
and communication technology is used to deliver instruction to the student. The
process may also be known as "distance education."
(10) Executive Director --The executive
director of the department.
(11)
Health and hygiene--The study of recognized methods of sanitation and
cleanliness including prophylaxis or disease prevention as applied to massage
therapy services and current knowledge of elements of healthy life
styles.
(12) Hydrotherapy--The use
of generally accepted methods of external application of water for its
mechanical, thermal, or chemical effect.
(13) Instructor--A person employed at a
licensed massage school who instructs one or more students in any section of
the course of instruction, other than massage therapy techniques, manipulation
of soft tissue, or the internship.
(14) Kinesiology--The study of the anatomy,
physiology, and mechanics of movement of the human body.
(15) Licensee--A person or entity licensed
under the Act as a massage therapist, massage school, massage therapy
instructor, or massage establishment.
(16) Linens--Includes, but is not limited to,
sheets, towels, and robes or cloth materials used on or comes into contact with
a client's body during a massage.
(17) Massage school--An entity that:
(A) teaches at a minimum the course of
instruction required for a massage therapist license; and
(B) has at least two instructors.
(18) Massage therapist--A person
who practices or administers massage therapy or other massage services to a
client for compensation. The term includes a licensed massage therapist,
therapeutic massage practitioner, massage technician, masseur, masseuse,
myotherapist, body massager, body rubber, or any derivation of those
titles.
(19) Massage therapy--The
manipulation of soft tissue by hand or through a mechanical or electrical
apparatus for the purpose of body massage. The term includes effleurage
(stroking), petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, and Swedish gymnastics. Massage therapy may
include the use of oil, lubricant, salt glows, heat lamps, hot and cold packs,
or tub, shower, jacuzzi, sauna, steam or cabinet baths. Equivalent terms for
massage therapy are massage, therapeutic massage, massage technology,
myo-therapy, body massage, body rub, or any derivation of those terms. Massage
therapy is a health care service when the massage is for therapeutic purposes.
The terms "therapy" and "therapeutic" do not include diagnosis, the treatment
of illness or disease, or any service or procedure for which a license to
practice medicine, chiropractic, physical therapy, or podiatry is required by
law. Massage therapy does not constitute the practice of
chiropractic.
(20) Massage therapy
educational program--The minimum 500 hour supervised course of instruction
described in the Act, §455.156, required for licensure and provided by a
licensed massage school.
(21)
Massage therapy establishment--A place of business that advertises or offers
massage therapy or other massage services unless specifically exempted by the
Act. The term includes a place of business that advertises or offers any
service described by a derivation of the terms "massage therapy" or "other
massage services" as defined by the Act.
(22) Massage therapy instructor--A licensed
massage therapist who provides to one or more students instruction approved by
the department in massage therapy or manipulation of soft tissue and who holds
a license issued by the department as a massage therapy instructor.
(23) Owner--An owner is, in the case of a
massage school or establishment, an individual, a partnership and any partners,
a corporation, or any other legal business entity.
(24) Pathology--The scientific study of the
nature of disease and its causes, processes, development, and
consequences.
(25) Physiology--The
study of the normal vital processes of the human body including the processes
of cells, tissues, and organs including the contractibility of muscle tissue;
coordination through the nervous system; digestion; circulatory; reproduction;
and secretions.
(26) State approved
educational institution--An institution which is approved by the Texas
Education Agency or which is an institution of higher education as defined in
the Texas Codes Annotated, Texas Education Code, Chapter 61 or a higher
education institution approved by a similar agency in another state.
(27) Student permit--A permit issued by the
department to a student enrolled in a licensed massage school which allows the
student to practice massage therapy as prescribed by the massage therapy
education program.
(28) Swedish
gymnastics--Passive and active joint movements, nonspecific stretches, passive
and active exercise, or any combination of these.
(29) Swedish massage therapy techniques--The
manipulation of soft tissue utilizing effleurage (stroking), petrissage
(kneading), tapotement (percussion), compression, vibration, friction, nerve
stroke, and Swedish gymnastics.
Notes
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