16 Tex. Admin. Code § 117.92 - Sexual Misconduct
(a) A licensee shall
not engage in sexual contact during a session with a client. For the purposes
of this section, sexual contact includes:
(1)
any touching of any part of the genitalia or anus;
(2) any touching of the breasts of a female
client, unless the touching is breast massage that is specifically authorized
by the client as required in §117.91;
(3) any offer or agreement to engage in any
activity described in paragraph (1) or (2);
(4) kissing;
(5) deviate sexual intercourse, sexual
contact, sexual intercourse, indecent exposure, sexual assault, prostitution,
solicitation of prostitution, and promotion of prostitution as described in the
Texas Penal Code, Chapters 21, 22, and 43, or any offer or agreement to engage
in any such activities;
(6) any
behavior, gestures, or expressions which may reasonably be interpreted as
inappropriately seductive or sexual; or
(7) inappropriate sexual comments about or to
a client, including making sexual comments about a person's body.
(b) A licensee shall not allow any
individual, including a client, student, licensee, employee, participant in a
continuing education program, or one's self to engage in sexual contact on the
premises of any massage school, massage establishment, or the licensee's own
place of business.
(c) A licensee
shall not allow any individual, including a student, licensee, employee, or
one's self to practice massage therapy or provide other massage therapy
services in the nude, while partially nude, or in clothing designed to arouse
or gratify the sexual desire of any individual.
(d) A licensee shall not perform massage
therapy, whether or not for compensation, at or for a sexually oriented
business.
(e) A licensee shall
immediately discontinue the massage therapy session, activity or the
professional relationship when a client initiates any verbal or physical
contact with the licensee that is intended to arouse or gratify the sexual
desire of either person.
Notes
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