A sexually oriented business may not may not be licensed by the department or operate as a massage establishment.
Unless otherwise exempt under the law or the rules, a place of business that advertises massage therapy or offers massage therapy as a service must be licensed by the department.
The following establishments are specifically exempt from the provisions of the Texas Occupations Code, Chapter 455 (the Act), regulating massage establishments:
1. An establishment or person that:
- holds a license, permit, certificate, or other credential issued by this state under another law; and
- offers or performs massage therapy under the scope of that credential.
2. A licensed massage therapist who practices as a solo practitioner is not required to hold a license as a massage establishment.
3. A place of business is not required to hold a license under this chapter if:
- the place of business is owned by the federal government, the state, or a political subdivision of the state;
- at the place of business, a licensed massage therapist practices as a solo practitioner and:
- does not use a business name or assumed name; or
- uses a business name or an assumed name and provides the massage therapist's full legal name or license number in each advertisement and each time the business name or assumed name appears in writing;
- at the place of business, an acupuncturist, athletic trainer, chiropractor, cosmetologist, midwife, nurse, occupational therapist, perfusionist, physical therapist, physician, physician assistant, podiatrist, respiratory care practitioner, or surgical assistant licensed or certified in this state employs or contracts with a licensed massage therapist to provide massage therapy as part of the person's practice; or
- at the place of business, a person offers to perform or performs massage therapy:
- for not more than 72 hours in any six-month period; and
- as part of a public or charity event, the primary purpose of which is not to provide massage therapy.