"Body rubs"

[LazurusLong]

Under The Texas Administrative Code:
Chapter 140
Subchapter H
Division 2 Code of Ethics
140.306 Advertising.

When you read that section, combined with how they are very specific about what the state considers Massage Therapy (see above) then ads for Body Rub means they MUST conform to the state laws for ads for licensed massage therapists or they are violating the law.

You cannot post an ad for a Body Rub unless you have a license for massage in the State of Texas.

Do they try to enforce that? Rarely.

But it could easily be enforced.
"(c) When an assumed name is used in a person's practice as a massage therapist, the full legal name of the massage therapist or license number of the massage therapist must be listed in each advertisement and each time the business name or assumed name appears in writing. The license number of a massage establishment must be listed in conjunction with the assumed or legal name of the massage establishment. An assumed name used by a massage therapist must not be false, misleading, or deceptive. "

The state tightened the law in 2005 to combat the Asian Bath Houses and the proliferation of prostitutes posing as massage therapists. You cannot give a person a bath anymore like they once freely advertised.

Considering it is expressly forbidden to offer massage (no matter WHAT you call it) in an SOB that is a whole different yet still illegal issue.

[ShysterJon]

Originally Posted by LazurusLong

Under The Texas Administrative Code:
Chapter 140
Subchapter H
Division 2 Code of Ethics
140.306 Advertising.

When you read that section, combined with how they are very specific about what the state considers Massage Therapy (see above) then ads for Body Rub means they MUST conform to the state laws for ads for licensed massage therapists or they are violating the law.

You cannot post an ad for a Body Rub unless you have a license for massage in the State of Texas.

Do they try to enforce that? Rarely.

But it could easily be enforced.
"(c) When an assumed name is used in a person's practice as a massage therapist, the full legal name of the massage therapist or license number of the massage therapist must be listed in each advertisement and each time the business name or assumed name appears in writing. The license number of a massage establishment must be listed in conjunction with the assumed or legal name of the massage establishment. An assumed name used by a massage therapist must not be false, misleading, or deceptive. "

The state tightened the law in 2005 to combat the Asian Bath Houses and the proliferation of prostitutes posing as massage therapists. You cannot give a person a bath anymore like they once freely advertised.

Considering it is expressly forbidden to offer massage (no matter WHAT you call it) in an SOB that is a whole different yet still illegal issue.

You're close, but you're still not there. The relevant provision isn't subsection (c) of Texas Administrative Code section 140.306, which pertains to licensed massage therapists -- it's subsection (a), which pertains to unlicensed massage therapists:

A person, including a massage therapy instructor, a massage school, a massage therapist, or massage establishment, who is not licensed under the Act, shall not use the word "massage" on any sign, display, or other form of advertising unless the person is expressly exempt from the license requirements of the Act. Under no circumstances may a sexually oriented business use the word "massage" or "bath" on any sign or other form of advertising.

See 140 Tex. Admin. Code § 140.306(a) (Tex. Dep't of State Health Servs., Advertising) (2009) (eff. 1-1-09).

The maximum penalty for violation of this provision is a fine (a/k/a an "administrative penalty") "not to exceed $1000 per day for each violation."

See 140 Tex. Admin. Code § 140.372(d)(10) (Tex. Dep't of State Health Servs., Complaints, Violations, Discipline) (2009) (eff. 1-1-09).

[Randilyn]

to the best of my knowledge ,"and yes ppl (I am an actual CMT on long island )" there are 2 types of therapists . 1 being certified, and the other being lisenced.
certfied means that you have completed your actual school hrs and are permitted to perform light massage therapy with your hands. 2 , the other being licsence'd meaning you get into the medicinal field of the profession (meaning accupuncture, hot stone therapy etc.)
either way if your advertising for massages,accupuncture,hot stone, etc. be sure to carry your paperwork with you. so therefore if your not certified or license'd they can get you on a felony which is more of a charge than a solicitation which is a misdemeanor. LE would rather get you on the felony faster than the misdemeanor.
i have my paperwork just in case i need to fall through a loophole... hope this helps

[ShysterJon]

Originally Posted by randigirl

hope this helps

I'm not sure that it does, since we're talking about laws in TEXAS, not laws in NEW YORK or any other state. It should go without saying that each state has its own laws, and the laws in one state differ from those in other states.

[LazurusLong]

But the state has explicitly defined other words such as body rubs to be synonyms for the word massage under the rules/statues and laws.

Correct?

Her original question dealt with being able to advertise "body rub" and the law clearly expresses that it doesn't matter what you call it, a rose by any other name is still a rose and a massage, as defined by the state as manipulation of the soft tissue of a body, is still a massage no matter what the hell you choose to call it in your ad that THAT is what it subject to ALL the same laws applicable to massage.

[Randilyn]

my certification carries throughout the usa so i would assume that the laws should be the same. but then again yep i have to agree that the certain unspoken of laws would differ slightly.

[ShysterJon]

Originally Posted by LazurusLong

But the state has explicitly defined other words such as body rubs to be synonyms for the word massage under the rules/statues and laws.

Correct?

Yes. That question was already answered in this thread -- thoroughly.

[guest043013-2]

Originally Posted by randigirl

my certification carries throughout the usa so i would assume that the laws should be the same. but then again yep i have to agree that the certain unspoken of laws would differ slightly.

You may have a national certification, but I believe you still have to get licensed in each state, or at least in Texas you would. Just because you are certified to have completed a course, does not mean your certification allows you to perform 'body manipulations' on a person. State still wants to (1) make sure you learned the right stuff and (2) COLLECT YOUR REGISTRATION FEES.

[ShysterJon]

Originally Posted by tigercat

You may have a national certification, but I believe you still have to get licensed in each state, or at least in Texas you would. Just because you are certified to have completed a course, does not mean your certification allows you to perform 'body manipulations' on a person. State still wants to (1) make sure you learned the right stuff and (2) COLLECT YOUR REGISTRATION FEES.

Exactly. Thank you.

[sofiaofhouston]

Reiki is a one day license...

[ShysterJon]

Originally Posted by sofiaofhouston

Reiki is a one day license...

Could you explain your comment a bit? Thanks.

[Elephant]

Originally Posted by ShysterJon

Could you explain your comment a bit? Thanks.

+1

[LazurusLong]

Reiki does not involve touching the body. All it involves is standing over a person waving your hands over them like in an ancient ritual.

Since there is zero touching or manipulation of the soft tissue, it doesn't fall under the laws regarding "massage".

[simplyme]

Damn after reading all that I'm just going to go into the back of the building and massage myself. :-(

[xfin]

I breased through this thread and only read the posts from the hot chicks, but it seems to me, if we create a Forum for reviews and used that as the defacto ads for providers, unlicensed providers could aquire business without actually advertising.

In other words, the customers advertise for the providers, the providers don't get in trouble, and we're all happy!

To make it a little clearer, the providers create fake ID's, advertise their services under phony reviews with fake pictures, and wa-la, everybody is happy.

Or, just go to Craigs List or Back Page and do what everyone else is doing, eh?