16 Tex. Admin. Code § 117.90 - General Ethical Requirements
(a) A
licensee shall not make deceptive, untrue, or fraudulent representations in the
practice of massage therapy or employ a trick or scheme in the practice of
massage therapy, including, but not limited to, warranty of results of such
services and false claims of proficiency in any field.
(b) A licensee shall not use a work area,
equipment or clothing that is unclean or unsanitary.
(c) A licensee shall not practice massage
therapy fraudulently, with gross incompetence, with gross negligence on a
particular occasion, or with negligence or incompetence on more than one
occasion.
(d) A licensee shall bill
clients or third parties only for those services actually rendered or as agreed
to by mutual understanding at the beginning of services or as later modified by
mutual agreement.
(e) A licensee
must either honor an unexpired gift certificate issued by that licensee or
provide a full refund.
(f) For each
client, a licensee shall keep accurate records of the dates of massage therapy
services, types of massage therapy and billing information. Such records must
be maintained for a minimum of two years.
(g) A licensee must obtain the written
consent of a parent or guardian to provide massage therapy services to a person
under the age of 17.
(h) On the
written request of a client, a client's guardian, or a client's parent if the
client is under the age of 17, a licensee shall provide a written explanation
of the charges for massage therapy services previously made on a bill or
statement of the client. This requirement applies even if the charges are to be
paid by a third party.
(i) A
licensee shall not abuse alcohol or drugs in any manner which detrimentally
affects the provision of massage therapy or massage therapy
instruction.
(j) A licensee may not
overcharge or over treat a client.
(k) A licensee shall not practice in an
unlicensed massage establishment or massage school.
(l) A licensee shall not allow an unlicensed
person to engage in activity for which licensure is required.
(m) A licensee shall not provide false
information on material submitted to the department.
(n) A licensee shall not interfere with a
department investigation by the willful misrepresentation of facts to the
department or its authorized representative, or by the use of threats,
retaliation, or harassment against any person.
(o) A licensee shall comply with any formal
order issued by the department relating to the licensee.
(p) A licensee shall be subject to
disciplinary action by the department if the licensee is issued a public letter
of reprimand, is assessed a civil penalty by a court, or has an administrative
penalty imposed by the attorney general's office under the Texas Code of
Criminal Procedure, Chapter 56, Subchapter B.
(q) A licensee shall notify each client of
the name, mailing address, telephone number, and web address of the department
for the purpose of directing complaints to the department by providing
notification:
(1) on each written contract
for services of a licensee;
(2) on
a sign prominently displayed in the primary place of business of each
licensee;
(3) on a bill for service
provided by a licensee to a client or third party; or
(4) by another written and documented
method.
(r) A licensee
shall keep his or her licensure file updated by notifying the department, in
writing, of changes of names, address, telephone number and
employment.
(s) A licensee shall be
subject to disciplinary action for failure to truthfully respond in a manner
that fully discloses all information in an honest, materially responsive, and
timely manner to a complaint filed with or by the department.
(t) A licensee shall not make any false,
misleading, deceptive, fraudulent, or exaggerated claim or statement about the
licensee's services, including, but not limited to:
(1) the effectiveness of services;
(2) the licensee's qualifications,
capabilities, background, training, experience, education, certification or
licensure, professional affiliations, fees, products, or publications;
or
(3) the practice or field of
massage therapy.
(u) A
licensee shall provide draping and treatment services sufficient to protect a
client's safety, comfort, and privacy, and must drape:
(1) the genital area and gluteal cleavage of
all clients at all times; and
(2)
the breasts of female clients at all times, unless performing breast massage
that is specifically authorized by the client as required in
§117.91.
Notes
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