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G-93-10-14-8F - 10/14/1993ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 4, SECTION 4.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, WHICH REGULATES MASSAGE PARLORS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the State of Texas regulates Massage Therapists and Massage Establishments; and WHEREAS, the City of Round Rock is preempted from regulating such establishments, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 4, Section 4.400, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby repealed. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. KS/ORDINANCE OR10143F READ, PASSED, and ADOPTED on first reading this of (9- , 1993. day Alternative 2. READ and APPROVED on first reading this the day of , 1993. READ, APPROVED and ADOPTED on second reading this the day of , 1993. ATTEST: 4 VI e / 71.,(s f JOANNE LAND, City Secretary CHARLES CULPEP E ayor City of Round Rock, Texas 2. STEPHAN L. SHEETS KEVIN HENDERSON CHARLES D. CROSSFIELD CHERYL RAYNER STEPHAN L. SHEETS & ASSOCIATES, P.C. ATTORNEYS AT LAW 309 E. MAIN STREET ROUND ROCK, TEXAS 78664-5246 MEMORANDUM TO: Bob L. Bennett, Jr. FROM: Stephan L. Sheets DATE: October 12, 1993 RE: Massage Parlors' Regulations TELEPHONE {5I2) 255-8877 FAX 6512) 255-8986 The 72nd Legislature passed House Bill 2420 which amended Article 4512k of the Texas Civil Statutes. This statute regulates massage therapists and the practice of massage therapy. Attached to this memorandum is revised Article 4512k. Since the State has choosen to regulate massage parlors, then the City is preempted from regulating them. Therefore, Chapter 4, Section 4.400 is in conflict with State law and should be repealed. KS/ROUNDROCK MEMOMASS Art. 4512j "467,.m: HEALTH --PUBLIC Title 71 Sunset Provision Sec. 22. The State Committee of Examiners for Speech -Language Pathology and Audiology is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this Act expires September 1, 1993. Acts 1983, 68th Leg., p. 2072, eh. 381, eff. Sept. 1, 1983. Sec. 3(c) amended by Acts 1985, 69th Leg., ch. 479, § 27, eff. Sept. 1, 1985; Sec. 13(a), (b) amended by Acts 1985, 69th Leg., ch. 448, § 1, eff. June 11, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch. 729, § 35, eff.Sept. 1, 1985; Sec. 22 amended by Acts 1987, 70th Leg., ch. 167, § 2.20(12), eff. Sept. 1, 1987; Seca 3(a) amended by Acts 1991, 72nd Leg., ch. 561, § 77, eff. Aug. 26, 1991; Sec. 22 amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 1.19, eff. Nov. 12, 1991. Historical and Statutory Notes Section 2 of Acts 1985, 69th Leg., ch. 448 provides: "A person who has filed an application for a license as a speech-language pathologist or au- diologist on or after August 31, 1984, but before August 31, 1986, is entitled to a license under the special conditions prescribed by Section 13, Chapter 381, Acts of the 68th Legislature, Regu- lar Session, 1983 (Article 4512j, Vernon's Texas Civil Statutes), if the person meets the require- ments of that section." Title of Act: An Act relating to the licensing and regulation of speech-language pathologists and audiolo- gists; providing for hearings and judicial review; making an appropriation; providing enforcement procedures and penalties; and declaring an emergency. Acts 1983, 68th Leg., p. 2072, ch. 381. Cross References Punishment, Class B misdemeanors, see V.T.C.A. Penal Code, § 12.22. Administrative Code References Department of Health, maternal and child health services, special senses and communica tions disorders, Approved providers, see 25 TAC § 37.38. Denial, modification, suspension, or termi- nation of provider approval, see 25 TAC § 37.39. State Committee of Examiners for Speech - Language Pathology and Audiology, Denial, suspension, or revocation of licen- sure, penalties, see 22 TAC § 741.196. Meetings, see 22 TAC § 741.17. Practice, code of ethics, see 22 TAC § 741.- 41. Procedures for denying, suspending or re- voking a license, see 22 TAC § 741.194. Subcommittees, see 22 TAC § 741.12. CHAPTER SIX J -MASSAGE THERAPISTS AND ESTABLISHMENTS Article 4512k. Regulation of " massage therapists and massage establishments. WESTLAW Electronic Research See WESTLAW Electronic Research Guide fol- lowing the Preface. Art. 4512k. Regulation of Massage Therapists and Massage Establishments Definitions Sec. 1. In this Act: (1) "Massage therapy" means the manipulation of soft tissue. The term includes, but is. not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion),: compression, vibration, friction, nerve, strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage 146 3—PUBLIC Title 71 thology and ct). Unless hed and this }85, 69th Leg., 448, § 1, eff. 1985; Sec. 22 ended by Acts Leg., 1st C.S., and regulation and audiolo- judicial review; 1g enforcement declaring an p. 2072, ch, cation of :lieen- C § 741.196. .17. 22 TAC § 741. - spending or re - TAC § 741.194. § 741.12. €BM'S tablishments includes, but is t (percussion), her by hand or age. .Massage HEALTH—PUBLIC Art. 4512k 'nue 71 therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for massagetherapy are massage, therapeu- tic massage, massage technology, myo-therapy, body massage, body rub, or any deriva- tion of those terms. Massage therapy is a health care service when the massage therapy is for therapeutic purposes. As used in the Act, 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. (2) "Massage therapist" means an individual who practices or administers massage therapy to a patron of either gender for compensation. The term includes a registered massage therapist, therapeutic massage practitioner, massage technician, masseur, mas- seuse, myo-therapist, body massager, body rubber, or any derivation of those titles. (3) "Massage therapy instructor" means an individual who is a registered massage therapist, who is instructing one or more students in massage therapy, and whose instruction is approved by the department. (4) "Massage establishment" means any place of business that advertises massage therapy or offers massage therapy as a service. (5) "Department" means the Texas Department of Health. (6) "Board" means the Texas Board of Health. (7) "Advisory Council" means the Advisory Council on Massage Therapy. (8) "Person" means an individual, partnership, corporation, association, or other legal entity. (9) "Massage school" means an entity or organization with at least two instructors that teaches, at a minimum, the course of instruction required for registration as a massage therapist under this Act. (10) "Instructor" means an individual who instructs one or more students in any section of the course of instruction required for registration as a massage therapist. (11) "Applicant" means a person, including a massage school, a massage therapy instructor, or a massage establishment, that applies for registration under this Act. (12) "Examiner" means a registered massage therapist who administers the practical portion of the state examination to applicants for registration as massage therapists. (13) "Internship program" means a program supervised by a massage therapy instruc- tor in which a student provides massage therapy to the general public. The massage therapy may be for compensation in an amount set by the massage school or massage therapy instructor and paid to the massage school or massage therapy instructor. (14) "Sexually oriented business" has the meaning assigned by Section 243.002, Local Government Code, unless another meaning applies under local law. Registration Requirements Sec. 2. (a) An individual who practices as a massage therapist, or who represents that the individual is a massage therapist, must register as provided by this Act, unless the individual is exempt from registration. A massage therapist may not perform massage therapy, whether or not for compensation, at or for a sexually oriented business. (b) An individual who registers as a massage therapist under this Act must present evidence satisfactory to the board that the person: (1) has satisfactorily completed massage therapy studies in a 300 hour, supervised course of instruction provided by a massage therapy instructor, by a :passage school registered by the department, by a state approved educational institution, or by any combination of instructors or schools, in which 125 hours are dedicated to the study of Swedish massage therapy techniques taught by a massage therapy instructor, 50 hours to the study of anatomy, 25 . hours to the study of physiology, 15 hours to the study of hydrotherapy, 15 hours tothe study of business practices and professional ethics standards, 20 hours to the study of health and hygiene, and 50 hours to an internship program; 147 'PAWS If f:, •. rik.+:i}'}r:}S•}�lt:{•1ki.:{,C'. } .�aoSz`Li Art. 4512k HEALTH—PUBLIC Title 71 (2) is registered as a massage therapist in another state or country that has and maintains standards and requirements of practice and licensing or registration that substantially conform ` to those of this state, as determined by the department; or (3) has practiced'znassage therapy as a profession for not less than five years in another state or country that does not have or maintain standards and requirements of practice and licensing or registration, that substantially conform to those of this state, as determined by the department. (c) A student in a state -approved course of instruction that consists ofa minimum of 300 hours is exempt from registration under this Act if the student provides massage therapy as part of an internship program dr for no compensation. Massage Schools, Massage Therapy Instructors, and Internships Sec. 2A. (a) A massage school that offers, at a minimum, the course of instruction required for registration as a massage therapist must register with the department. A massage school must meet the minimum standards of operation established by board rule. (b) A massage therapy instructor must register with the department as provided by this Act. (c) An instructor must meet the minimum requirements established by board rule. (d) An internship program shall be conducted on the school grounds or in a clinic or classroom setting provided by the massage school or massage therapy instructor. (e) A student must complete the requirements of the first 250 hours of training at the massage school or with the massage therapy instructor before being eligible to enter the internship program. (f) A student who is participating in an internship program may: (1) make an appointment with a client; (2) interview a client; (3) perform massage therapy; (4) collect and review a client evaluation with the student's supervisor; and (5) perform other tasks necessary to the business of providing massage therapy to the public. (g) A student who is participating in an internship program must be under the supervision and direction of a massage therapy instructor during the hours that the student is working in the program. (h) An internship program shall provide a student with a minimum of 40 hours of hands-on massage therapy experience. (i) An internship program must meet the qualifications established by the board with the advice of the advisory council. (j) The department shall regulate all school hours provided by a massage school or a massage therapy instructor. (k) A massage school or a massage therapy instructor may not offer a course of instruction for registration as a massage therapist which requires the successful comple- tion of more course hours than are required for registration as a massage therapist under this chapter. (1) A massage school or massage therapy instructor registered under this chapter must give each prospective student a notice that clearly states the number of course hours which must be successfully completed before a student can register as a massage,. therapist under this chapter. (m) The notice required by Subsection (i) of this section must be given to each prospective student at a time and in a manner that provides the student with sufficient opportunity to read the notice and discuss it with massage school officials or with the massage therapy instructor, if necessary for understanding and clarity, before signing an:,. enrollment contract and before the massage school or the massage therapy instructor accepts the student in a course of study. 148 b: e: ti b; s< tc e t}. p} ni sr b3 in re Pi' df m "r ex m. ac of pe kr th< on th< be. .............................. iLIC le 71 and that or rain tsof as m of ;sage tion t. A rule. 3d by rule. lie or tt the 1' the To the r the it the irs of 1 with lora -se of ample- under • must hours ,ssage each fieient th the mg an ructor HEALTH—PUBLIC Title 71 Art. 4512k Massage Establishments Sec. 2B. (a) A massage establishment must register with the department as provided by board rule. A sexually oriented business is ineligible for registration as a massage establishment under this section and may not operate as a massage establishment under this Act. (b) A massage establishment may employ only registered massage therapists to per- form massage therapy. (c) An establishment that holds a license, permit, certificate, or other credential issued by this state underanother law, and that offers or performs massage therapy under the scope of that credential, is not required to be registered under this section. (d) A registered massage therapist who practices as a solo practitioner is not required to register as a massage establishment. (e) The board shall by rule provide for a fair and reasonable procedure to grant exemptions from the registration requirements of this section where a person can show that the advertising or provision of massage therapy services is incidental to the person's primary enterprise. Application for Registration Sec. 3. Each applicant for registration under this Act shall submit application forms provided by the department, accompanied by the application fee set by the department. Exemptions Sec. 4. This Act does not apply to: (1) a person who is licensed in this state as a physician, chiropractor, physical therapist, nurse, cosmetologist, athletic trainer, or member of another similar profession that is subject to state licensing, while the person is practicing within the scope of the license; (2) a school approved by the Central Education Agency or that is otherwise approved by the state; or (3) an instructor who is otherwise approved by the state to teach in an area of study included in the required course of instruction. Display of Certificate; Regulation of Advertising Sec. 5. (a) Each massage establishment must post in plain sight the certificate of registration of each massage therapist who practices in the massage establishment. A massage school, massage establishment, massage therapy instructor, or massage thera- pist shall each display the registrant's certificate of registration on the request of the department, an authorized representative of the department, or a peace officer. (b) A person, including an instructor, a massage school, a massage therapist, or massage establishment, that is not registered under this Act may not use the word "massage" on any sign, display, or other form of advertising unless the person is expressly exempt from the registration requirements of this Act. Under no circumstances may a sexually oriented business use the word . "massage" on any sign or other form of advertising. Penalty Sec. 6. (a) A person subject to the registration requirements of this Act commits an offense if the person knowingly violates Section 2, 2A, 2B, or 5 of this Act. (b) The owner or operator of a massage establishment commits an offense if that person knowingly violates Section 2B or 5 of this Act. (c) The owner or operator of a massage school commits an offense if that person knowingly violates Section 2A or 5 of this Act. (d) An offense under this section is a Class C misdemeanor. However, if it is shown on the trial of an offense under this section that the person has previously been convicted one or more times of an offense under this section, the offense is a Class A misdemeanor. (e) A person subject to the registration requirements of this Act commits an offense if the person collects a fee or any other form of compensation for massage therapy without being registered under this Act. 149 � f✓ } � � Aja G f ,4,:7f„{�1 ��✓✓ YtG✓r''.r+,CtG F�✓,f f f p. .i'0 rw• ' 0��`off;; .................................................... Art. 4512k IIEALT11 PUBLIC Title 71 Powers and Duties of the Board and the Department Sec. 7. (a) The board, with the advice of the advisory council, shall adopt rules consistent with this Act, including rules relating to the definition of "unprofessional conduct" as that term is used by Section 11(aX4) of this Act, as necessary for the performance of its duties under this Act. The board shall adopt the rules in the manner provided by the Administrative Procedure and Texas Register Act (Article >.6252-13a, Vernon's Texas Civil Statutes). (b) The department shall administer this Act. (c) The department shall investigate persons who may be engaging in practices that violate this Act. (d) The department shall prepare and administer a state examination as required to implement this Act. The department may hire examiners with the recommendation of the advisory council. An examiner is entitled to compensation and the state per diem allowance as set by the General Appropriations Act for transportation and related expenses incurred by the examiner in engaging in the business of the department. (e) The board and department shall cooperate with the advisory council in the adminis- tration of this Act, and shall make available to the advisory council reports, statistical information, and other information as reasonably necessary for the advisory council to perform its duties under this Act., (f) The department shall regulate all massage school and massage therapy instructor hours. Board Rules for Massage Schools Sec. 7A. The board rules relating to a massage school must contain minimum standards for: (1) the issuance, denial, renewal, suspension, probation, or revocation of a registration under this Aet; (2) the qualifications of professional personnel; (3) the supervision of professional personnel; (4) the equipment essential to the education, health, and safety of students, school personnel, and the public; (5) the sanitary and hygienic condition of a school; (6) the provision of massage therapy by a school or a student; (7) the maximum number of hours a student may accumulate in a school's internship program without being required to : be registered under this Act; (8) the educational and clinical records kept by a school; (9) the organizational structure of a school, including the lines of authority and the delegation of responsibility; (10) fire prevention and safety within a school; (11) the school's curriculum and educational material; (12) school inspections; and (13) any other aspect of the operation of a school that the board considers necessary to protect students, school personnel, or the public. Board Rules for a Massage Establishment Sec. 7B. The board rules relating to a massage establishment must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of a registration under this Act; (2) the qualifications of professional personnel; (3) the supervision of professional personnel; (4) the equipment essential to the health and safety of personnel and the public; (5) the sanitary and hygienic conditions of an establishment; (6) the provision of massage therapy by an establishment; 150 IC 71 les ial he ler 3a, tat to :he em ed nt. cal to tor urn ion ool hip the ,to um ion hc; HEALTH :PUBLIC Art. 4512k Title 71 (7) the records kept by an establishment; (8) the organizational structure of an establishment, including the lines of authority and the delegation of responsibility; (9) fire prevention and safety within an establishment; (10) the inspection of an establishment; and (11) any other aspect of the operation of an establishment necessary to protect the personnel of the establishment or the public. Board Rules for a Massage Therapy Instructor See. 7C. The board rules relating to a massage therapy instructor must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of a registration under this Act; (2) the qualifications of a massage therapy instructor; (3) the supervision of a student by a massage therapy instructor; (4) the maximum number of hours a student may accumulate in an internship program under the supervision of a massage therapy instructor without being required to be registered under this Act; (5) the equipment essential to the education, health, and safety of students and the public; (6) the sanitary and hygienic conditions of the physical environment in which a massage therapy instructor teaches; (7) the provision of massage therapy by a student or a massage therapy instructor; (8) the educational and clinical records kept by a massage therapy instructor; (9) the curriculum taught and educational material used by a massage therapy instruc- tor; (10) the inspection of the records, equipment, and physical environment of a massage therapy instructor; and (11) any other aspect of a massage therapy instructor's instruction or operation of any portion of the course of instruction required for registration as a massage therapist. Board Rules for a Massage Therapist Sec. 7D. The board rules relating to a massage therapist must contain minimum standards for: (1) the issuance, denial, renewal, suspension, revocation, or probation of a registration under this Act; (2) the qualifications of a massage therapist; (3) the sanitary and hygienic conditions of the physical environment in which a massage therapist practices massage therapy; (4) the records kept by a massage therapist; (5) the inspection of the records, equipment, and the sanitary and hygienic conditions of the physical environment used by a massage therapist in practicing massage therapy; and (6) any other aspect of the practice of a massage therapist necessary to protect the public.' Advisory Council Sec. 8. (a) The Advisory Council on Massage Therapy is created as an advisory council to the department. (b) The advisory council is composed of nine members appointed by the board of health. Five members must be massage therapists regulated under this Act, one member must be a licensed chiropractor, one member must be a licensed physician, and two members must be representatives > of the general public. (c) Members of the advisory council hold office for staggered terms of six years. Three members'' terms expire September 1 of each odd -numbered year. In the event of a 151 Art. 4512k HEALTH—PUBLIC Title 71 vacancy during a term, the board shall appoint a replacement who meets the qualifica- tions of the vacated office to fill the unexpired portion of the term. (d) A member of the advisory council may not receive compensation for serving on the council, but is entitled to receive the state per diem allowance as set by the legislature in the General Appropriations Act for transportation and related expenses incurred for each day the member engages in the business of the council. (e) A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member on the advisory council. (f) The advisory council is subject to the open meetings law, Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 (Article 6252-47, Vernon's Texas Civil Statutes), and the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). (g) A member of the advisory council is not liable to civil action for any act performed in good faith in the execution of duties as a council member. (h) A massage therapist member of the advisory council may not be a member of another profession regulated or licensed by this state. (i) The advisory council shall report attendance to the board. Powers and Duties of the Advisory Council Sec. 9. (a) The advisory council by rule shall prescribe application forms and registra- tion fees. The advisory council shall set the fees in amounts reasonable and necessary to administer this Aet. (b) The advisory council shall meet at least twice a year. Additional meetings may be held at the call of the presiding officer or on the written request of any three members of the council. (c) The advisory council shall keep a complete record of all registered massage therapists and shall annually prepare a roster showing the names and addresses of all registered massage therapists. A copy of the roster shall be available to any person requesting it on payment of a fee set by the council in an amount sufficient to cover the costs of distribution of the roster. Issuance of Registration Certificates Sec. 10. (a) The department shall issue a registration certificate to each qualified applicant. To be qualified for a registration certificate, an applicant for registration as a massage therapist must pass the practical and written portions of the state examination. (b) A person issued a certificate by the department shall display the certificate in an appropriate public manner as specified by the board. (e) The issuance of a registration certificate grants all professional rights, honors, and privileges relating to the practice of massage therapy. (d) A registration certificate is the property of the department and must be surrendered on demand. (e) A person issued a certificate by the department may receive referrals from a physician to administer massage therapy. (f) The department shall issue a temporary registration certificate to an applicant for registration who has complied with the education and experience requirements for registration. A temporary registration certificate is valid for six months, until the applicant is issued a massage therapist registration after successful completion of the first examination for which the applicant is eligible, or until the applicant is notified by the department that the applicant has failed the first examination for which the applicant was eligible, whiehever is later. The department may assess a reasonable fee for a temporary registration certificate. Registration, Denial, Probation, Suspension, or Revocation See. 11. (a) The department' may refuse to issue a registration certificate to an applicant, may suspend or revoke a registration certificate, or may place a registered person, including a massage school, massage therapy instructor, or massage establish- ment, on probation for any of the following causes: 152 ............................. 'UBLIC ".#title 71 ;zaliffica- on the attire in 'or each :rnment 3 of the atutes), 'ernon's -formed nber of egistra- ssary to may be abers of iassage s of all person ,ver the ualified on as a ination. e in an ,rs, and nndered from a ant for ats for 3ti1 the of the fied by )plicant for a to an istered ablish HEA:.filly-PUBLIC Art. 4512k Title 71 (1) obtaining a certificate by means of fraud, misrepresentation, or concealment of material facts; (2) selling, bartering, or offer to sell or barter a registration certificate; (3) violating any rule adopted by the board; (4) engaging in unprofessionalconduct that has endangered or is likely to endanger the health, welfare, or safety of the public as defined by the rules established by the board; (5) violating a regulation adopted by a political subdivision under Chapter 243, Local Government Code; or (S) violating any provisions of this Act. (b) An individual who has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication to crimes or offenses involving prostitution or sexual offenses is ineligible for registration as a massage therapist, massage therapy instructor, massage school, or massage establishment. The department shall revoke the registration of a person registered as a massage therapist or massage therapy instructor who is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudica- tion to a crime or offense involving prostitution or other sexual offenses, or who the department determines has practiced or administered massage therapy at or for a sexually oriented business. The department shall revoke the registration of a person registered as a massage school or massage establishment if the department determines that the school or establishment is a sexually oriented business, or that a crime or offense involving prostitution or other sexual offenses and resulting in a conviction, or to which a plea of nolo contendere or guilty was entered or deferred adjudication was received, has occurred on the premises of the school or establishment. (e) A person whose application for registration is denied, or whose registration is suspended or revoked is entitled to a hearing before the department if the person submits a written request to the department. Hearings are governed by department rules for a contested hearing and by the Administrative Procedure and Texas Register Act (Article 5252-13a, Vernon's Texas Civil Statutes). (d) A person convicted of a violation of this Act is ineligible for registration as a massage therapist, massage therapy instructor, massage school, or massage establish- ment for a period of five years. Renewal of Registration See. 12. (a) Registration under this Act is subject to periodic renewal and expires unless the registered person submits an application for renewal accompanied by the renewal fee. (b) The department shall adopt a system under which registrations expire and are renewed on various dates of the year. Initial registration fees shall be prorated so that a registered person pays only for that part of the renewal period for which the registration is issued until the expiration date of the registration. (c) A person registered under this Act who does not renew registration by the expiration date may renew the registration not later than the first anniversary of the expiration date by meeting the requirements set forth in this section and paying a late penalty fee. (d) The registration of a person who fails to meet the renewal requirements of this section is void. Such a person must submit a new application, pay the appropriate fees, and meet the current requirements for registration. Injunctive Relief; Civil Penalty Sec. 13. (a) If it appears that a person is in violation of or is threatening to violate this Act or a rule adopted by the board, the attorney general, a distriet or county attorney, or the department may institute an action for injunctive relief to restrain the person from continuing the violation and fora civil penalty of not less than $100 or more than $1,000 for each violation. Each day of a violation shall constitute a separate violation. (b) A civil action filed under this section by the attorney general or the department must > be filed in a district court in Travis County or the county in which the violation occurred. 153 Art. 4512k IlEALTII-PUBLIC (c) The attorney general, district and county attorney, and the department may recoverTitle 71 reasonable expenses incurred in obtaining injunctive relief or a civil section, including court costs,. reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. penalty under this (d) A civil penalty recovered in an action by the attorney under this section shall be deposited in the state treasury. general or the department Effect on Local Regulation Sec. 14. (a) Except as provided by Subsection any regulation adopted by apolitical subdivision of this stateof thissrelatin, thisg to thetlisuersedes censing or regulation of massage therapists. (b) This Act does not affect:" (1) local regulations relating to zoning requirements for massage establishments or other similar regulations; (2) any local regulations that authorize or require an investigation into the background of an owner or operator of, or an investor in, a massage establishment; or (3) any local regulations that do not relate directly to the practice of massage therapy as performed by a registered massage therapist including those professions listed unde Section 4 of this Act while performing duties under their respective lieensing Acts while working with a registered massage therapist. (c) Except as provided by Chapter 248, Local Government Code, a political subdivision may not adopt regulations of the type listed in Subsection (b) of this section that are more professionals or establishments. restrictive for massage therapists or massage establishments than for other health care Sec. 15. Expired. Sec. 16. This Act takes effect SepEffective Date tember 1, 1985. Inspections and Investigations Sec. 17. The department or its authorized representative may enter the premises of a registration applicant or registration holder at reasonable times to conduct an inspection incidental to the issuance of a registration and at other times as the department considers necessary to ensure compliance with this Act and the rules adopted under this Act. Enforcement by Peace Officers Sec. 18. Each peace officer of this state, including a peace officer employed by the state or a political subdivision of the state, is authorized to enforce this Act. Memorandum of Understanding Sec. 19. If the department enters into a memorandum of understanding with the Central Education Agency for -the regulation of massage schools, the memorandum shall: (1) be adopted by rule, subject to the Administrative Procedure and Texas Register Act; and (2) require that the total of the fees charged by the department and by the Central Education Agency for the registration of a massage school not exceed the fees which absence of the memorandum. would be charged by the department for the registration of the massage school in the Acts 1985, 69th Leg., ch. 752, §§ 1 to 16, eff. Sept. 1, 1985. Sec. 8(e) amended by Acts 1987, 70th Leg., ch. 167, § 2,19(5), eff. Sept. 1, 1987; See. 8(i) added by Acts 1987, 70th Leg, June 19, 1987; Sec. 10(e) added by Acts 1987, 70th Leg., ch. 101R' , une 19, 1987; Sec. 14, § 1, eff. ©)amended by Acts 1987, 70th Leg., ch. 1014, § 3, eff. June 19, 1987; 2,Sec. 14 amended by Acts 1987, Leg., ch. 1014, § 4, eff. June 19, 1987; Sec. 15(0) (d) added byActs 1987, 74th Le § 5, eff. June 19, 1987; Sec. 1(1) to (4) amended by and Seca 1(9) o (12) added bys 8 1 1st Leg., ch. 248, § 1, eff. Sept. 1, 1989; Sec. 2(b) amended by Acts 1989, 71st Le Acis 248, § 7f. Sept. 1, 1989; Secs 2A, 2B added by Acts 1989, 71st Leg.,g'' 0 amended by Acts 2989, 71st Leg.,eh. ch. 248, § 3, eff. Jan. 1, 1990;.Sec. 4 71st €. g., eh. 248, § 5, eff. Sept. 1, 1989; See.6 amended by Actt. 1, s 1989, 71st nc by Acts , eff. 154 Leg.,0h. 248, § 6, eff. 1 a a fi 7 J (< 7 7 7 J a L 7: J; fo A. bz ti< Ja 19 dig UL of re; tin pr, thi see In 1. mal the: on JM - this moa ploy ent des or or rid py ter ile on re re a in rs :t. Title 71`` Note 1 Jan. 1, 1990; Sec. 7(d), (e) added by Acts 1989, 71st Leg., ch. 248, § 7, eff. Sept. 1, 1989; Sec. 10(a) amended by and Sec. 10(1) added by Acts 1989, 71st Leg., ch. 248, § 8, eff. Jan. 1, 1990; Sec. 11(a), (b) and (d) amended by Acts 1989, 71stLeg_, ch. 248, § 9, eff. Sept. 1, 1989; Sec. 12(a), (b) amended by Acts 1989, 71st Leg., ch. 248, § 10, eff. Jan. 1, 1990; Sec. 14(c) added by Acts 1989, 71st Leg., ch. 248, § 11, eff. Sept. 1, 1989; Sec. 1(1), (2), (3), (8), (9) amended by and Sec. 1(13), (14) added by Acts 1991, 72nd Leg., ch. 507, § 5, eff. June 13, 1991; Sec. 2 amended by Aets 1991, 72nd Leg., ch. 507, § 6, eff. lune 13, 1991; See. 2A amended by Acts 1991, 72nd Leg., ch. 507, § 7, eff. June 13, 1991; Sec. 2B(a), (e) amended by Acts 1991, 72nd Leg., ch. 507, § 1, eff. June 13, 1991; Sec. 5 amended by Acts 1991, 72nd Leg., ch. 507, § 2, eff. June 13, 1991; Sec. 6(a) amended by and Sec. 6(e) added by Aets 1991, 72nd Leg., ch. 507, § 8, eff. June 13, 1991; Sec. 7(a) amended by and Sec. 7(f) added by Acts 1991, 72nd Leg., eh. 507, § 9, eff. June 13, 1991; Sec. 7A added by Acts 1991, 72nd Leg., ch. 507, § 10, eff. June 13, 1991; Sec. 78 added by Acts 1991, 72nd Leg., ch. 507, § 11, eff. June 13, 1991; Sec. ?C added by Acts 1991, 72nd Leg., ch. 507, § 12, eff. June 13, 1991; Sec. 7D added by Acts 1991, 72nd Leg., ch. 507, § 13, eff. June 13, 1991; Sec. 10(f) amended by Aets 1991, 72nd Leg., ch. 507, § 14, eff. June 13,. 1991; See. 11(b) amended by Acts 1991, 72nd Leg„ ch. 507, § 3, eff. June 13, 1991; See. 12(c) amended by Acts 1991, 72nd Leg., ch. 507, § 15, eff. June 13, 1991; See. 13 amended by Aets 1991, 72nd Leg_, ch. 507, § 16, eff. June 13, 1991; See. 17 added by Acts 1991, 72nd Leg., ch. 507, § 17, eff. June 13, 1991; See. 18 added by Aets 1991, 72nd Leg., eh. 507, § 18, eff. June 13, 1991; Sec. 19 added by Acts 1991, 72nd Leg., ch. 507, § 19, eff. June 13, 1991. Historical and Statutory Notes Section 15, which related to the effective date for the registration requirement, was added by Acts 1987, 70th Leg., ch. 1014, § 5, and expired by its own terms on January 1, 1988. Section 15(d) provided: "An application for registration under Subsec- tion (c) of this section must be made before January 1, 1988. This section expires January 1, 1988, except that it continues in effect for the disposition of any registration applications made under this section before that date. Expiration of this section does not affect the validity or renewal of a certificate issued under this sec- tion." Section 20 of Acts 1991, 72nd Leg., ch. 507 provides: "(a) Except as provided by Subsection (b) of this section, this Act takes effect immediately. te 1: "(b) The change in Section 2, Chapter 752, Acts of the 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas Civil Stat- utes), as amended by this Act, relating to the number of hours of instruction required for an individual to be registered as a massage thera- pist, applies only to an individual who begins required massage therapy studies on or after January 1, 1992. A person who begins required study before that date is governed by the law under which the person began the studies, and that law is continued in effect for that purpose." Title of Act: An Act relating to the regulation of massage therapists and massage establishments; provid- ing penalties. Acts 1985, 69th Leg., ch. 752. Cross References Practice of chiropractic, see art. 4512b. Administrative Code References Department of Health, massage therapists, see 25 TAC § 141.1 et seq. Notes of Decisions to comply with its requirements for a massage therapy school. Op.Atty.Gen. 1986, No. JM -609. Texas Department of Health is not authorized under sections 5 and 7(a) of this 'article to pro- mulgate a rule requiring each massage establish- ment to include in all forms of advertising the names that appear on the registration certificate, and the state registration number of each mas- sage therapist practicing in the establishment, but the Department is empowered to reasonably regulate advertising. Op.Atty.Gen. 1986, No JM -609. In general 1 1. In general The Texas Board of Health adopts rules on matters pertaining to the regulation of massage therapy with the advice of the Advisory Council on Massage Therapy. Op.Atty.Gen.1986, No. JM -414. Department of Health is not authorized under this article to promulgate a rule requiring a massage therapy instructor, who is self-em- ployed and teaches more than two apprentices, DATE: October 12, 1993 SUBJECT: City Council Meeting, October 14, 1993 ITEM: 8.F. Consider an ordinance repealing Chapter 4, Section 4.400 Massage Parlors, Code of Ordinances, 1990 Edition. (First Reading) STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: In 1980 the City Council adopted an ordinance regulating massage parlors in the City. At the time, there were no state statues regulating massage parlors. The 72nd Legislative passed House Bill 2420 which amended Article 4512k V.A.T.S. This statatue extensively regulates massage therapists across the state and therefore preempts the City's ordinance. Having the ordinace remain on the books could be confusing to massage therapists and law enforcement personnel. Staff recommends adoption of the ordinance repealing massage parlor regulations.