(a) Unless exempt, an individual or entity who provides at a minimum the course of instruction required for licensure to one or more students constitutes a massage therapy educational program and must obtain a massage school license.
(b) To be eligible for a massage school license, an applicant must:
  (1) submit a completed application on a department-approved form;
  (2) submit proof of ownership of the building or a lease agreement for the first twelve (12) months of operation;
  (3) provide a current financial statement reviewed by a public accountant and finalized no more than 180 days prior to the application date;
  (4) pay the required fee under §117.100;
  (5) successfully pass a criminal history background check performed by the department in accordance with the Act, the department's criminal conviction guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53;
  (6) maintain adequate space and equipment to provide training to enrolled students;
  (7) comply with all health and safety standards established by the Act and this chapter; and
  (8) submit the name and contact information for the school's designated contact person, if applicable.
(c) A massage school must be inspected and approved by the department prior to operation.
(d) The massage school license must be displayed in an appropriate and public manner at the location of the educational program.
(e) A massage school must properly account for the hours granted to each student, in a manner prescribed by the department.
(f) A school shall not engage in any act, directly or indirectly, that grants or approves student hours that were not accrued in accordance with this chapter.
(g) A criminal history check performed under this subsection requires an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(h) The department may not issue a license to a person who does not comply with the requirements of this section.
(i) The department shall conduct a criminal history record information check of each applicant for a license using information:
  (1) provided by the individual under this section; and
  (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(j) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by this section for each individual who:
  (1) personally or constructively holds, including as the beneficiary of a trust:
    (A) at least 10 percent of the entity's outstanding stock; or
    (B) more than $25,000 of the fair market value of the entity;
  (2) has the controlling interest in the entity;
  (3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;
  (4) is a member of the board of directors or other governing body of the entity; or
  (5) serves as:
    (A) an elected officer of the entity; or
    (B) a general manager of the entity.
(k) A massage school must obtain department approval in writing before offering instruction through distance learning. A school must notify the department in writing when changing the technology or method of providing distance learning or offering additional instruction through distance learning.

Source Note: The provisions of this §117.50 adopted to be effective November 1, 2017, 42 TexReg 4991; amended to be effective May 1, 2018, 43 TexReg 2406; amended to be effective February 1, 2020, 45 TexReg 543; amended to be effective January 1, 2022, 46 TexReg 9029