Relating to the regulation of massage therapy.

Contracts

• Employment Agreements: Amend termination clauses to define "Cause" to specifically include "ineligibility for licensure under Occupations Code Chapter 455" and "entry of a plea of guilty, nolo contendere, or deferred adjudication for offenses listed in Texas Penal Code § 22.012."
• Staffing Agency MSAs: If you utilize third-party staffing, amend Master Service Agreements to require the vendor to certify they have screened specifically for Indecent Assault and deferred adjudications. Include an indemnification clause for placement of ineligible workers.

Hiring/Training

• Background Screening: Update background check parameters with your third-party vendor. You must explicitly request screening for Texas Penal Code § 22.012 (Indecent Assault).
• Adjudication Logic: Instruct HR to flag "Deferred Adjudication" results. Under this statute, a deferred adjudication is treated legally equivalent to a conviction for licensing purposes.
• Intake Forms: Add a mandatory disclosure question: "Have you ever practiced massage therapy at or for a sexually oriented business?"

Reporting & Record-Keeping

• Internal Audit: Conduct a retrospective background check on all current employees using the new criteria prior to September 1, 2025.
• Duty to Report: Update employee handbooks to require written notification to management within 24 hours of any arrest, charge, or plea deal related to sexual offenses.

Fees & Costs

• Administrative Costs: Budget for increased background check fees to cover the expanded scope (auditing existing staff).
• No State Fee Changes: The bill does not increase licensure fees payable to the State.