(a) A place of business is not required to hold a massage establishment license under the Act if:
  (1) the place of business is owned by the federal government, the state, or a political subdivision of the state;
  (2) at the place of business, a licensed massage therapist practices as a solo practitioner and:
    (A) does not use a business name or assumed name; or
    (B) 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;
  (3) 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
  (4) at the place of business, a person offers to perform or performs massage therapy:
    (A) for not more than 72 hours in any six-month period; and
    (B) as part of a public or charity event, the primary purpose of which is not to provide massage therapy.
(b) Unless the person is exempt from the licensing requirement, a person may not represent that the person is a massage establishment unless the person holds an appropriate license under this subchapter.

Source Note: The provisions of this §117.84 adopted to be effective November 1, 2017, 42 TexReg 4991