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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 03-12-2015, 08:02 AM   #1
Gingerspicy
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Is it legal to provide a bodyrub if not a licensed massage therapist? Thank you. Sorry if it bores you.
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Old 03-12-2015, 02:30 PM   #2
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NO

One must be a LMT to give body rubs

and should you get licensed, then anyone giving you a review will place that license in jeopardy. as the licensing authority will give penalty administratively. This advice is only for Texas
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Old 03-24-2015, 04:34 PM   #3
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Quote:
Originally Posted by instfixer View Post
NO
Disagree. In Texas one must be a LMT in order to offer a massage.

A bodyrub is not a massage and is not licensed.

that is why Backpage has both a 'bodyrub' and a 'massage' section.
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Old 03-24-2015, 05:30 PM   #4
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The term "body rub" refers to massage therapy under Texas law. To give body rubs in Texas professionally, you must be licensed. This means completing at least 500 hours of coursework and passing a background check. If you perform this service without a license, you can be convicted of a misdemeanor, or you may face a felony charge and jail time if you're a repeat offender. Massages can be done by hand or with massage equipment. They can include such actions as stroking and kneading, and the use of oils, hot or cold packs, heat lamps, tubs and showers

Never mind what happens on BP
Of course if one does advertize massage or body rub and one is not a licensed LMT then it is an easy ticket for L E to give out
There are many providers that have disclaimers on their ads- these do nothing
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Old 03-24-2015, 11:12 PM   #5
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What do you think about plagiarism?

http://www.ehow.com/facts_7453615_la...bs-texas_.html
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Old 03-25-2015, 07:31 AM   #6
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Quote:
Originally Posted by tpepsi View Post
Disagree. In Texas one must be a LMT in order to offer a massage.

A bodyrub is not a massage and is not licensed.

that is why Backpage has both a 'bodyrub' and a 'massage' section.
This is completely incorrect. instfixer is right and you're flat wrong, no matter what source of information instfixer used.

From the Texas Department of State Health Services website:

"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy." (Emphasis added.)

See https://www.dshs.state.tx.us/massage/mt_scope.shtm.

I will again urge those unqualified to render legal advice to not do so here.
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Old 03-25-2015, 07:36 AM   #7
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I was going to quote the specific Texas statute but this was far simpler
Actually this is how academic plagiarism is caught. Just put a phrase in Google and out it pops. Plagiarism works if one translates the English into German, then translate the German into Italian and then back once more into English and work it into presentable English

The LMT licensing authority is an avid ECCIE reader, some poor LMT gets reviewed here, and her license will be in jepordy.

Then I see Shyster Jon comment after I post mine
OH THANK YOU SHYSTER JON
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Old 03-28-2015, 01:55 AM   #8
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Quote:
Originally Posted by ShysterJon View Post
I will again urge those unqualified to render legal advice to not do so here.
May as well add this to your Sig line. I've been wrong too. Expressing legal opinion is much different from speaking from personal experience or opinion. Thanks for your insights.
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Old 04-01-2015, 10:42 AM   #9
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I apologize. I was really interested in MS and TN. My computer skills as well as how I do on these sites is not always and more often than not wrong. I do like TX and spent a few months years ago at the Gold Club in Houston. Thank you for taking the time to answer my inquiry. Have a wonderful and fulfilled day.
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Old 04-01-2015, 11:11 AM   #10
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Quote:
Originally Posted by Gingerspicy View Post
Is it legal to provide a bodyrub if not a licensed massage therapist? Thank you. Sorry if it bores you.
My answer to your question regarding Tennessee is 'no,' and regarding Mississippi, my answer is 'probably no.'

This is the applicable definition in Tennessee: "Massage/bodywork/somatic – The manipulation of the soft tissues of the body with the intention of positively affecting the health and well-being of the client." (See attachment). Although this definition differs from the Texas law because it doesn't list all the synonyms for 'massage,' the Tennessee definition still would include body rubs, in my opinion. The definition is from the Tennessee laws governing their Board of Massage Licensing.

The laws in Mississippi regarding massage aren't linked on the state board's website, and I couldn't find them after a few Google searches. But I'd bet Mississippi defines 'massage' as any manipulation of soft tissue, which would include body rubs.

Hope this helps.

0870-01.20120906.pdf
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Old 04-15-2015, 07:27 PM   #11
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How about "feel good non sexual stress relief" ?
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Old 04-15-2015, 08:10 PM   #12
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Sure. Give me a call.
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Old 04-16-2015, 08:27 AM   #13
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There are only 3 or 4 states left that do not require licensing to advertise massage. There are only about 6 states where it is still a legal grey area in regards to advertising "body rubs"

In Texas, they will absolutely call at BP provider advertising Body Rubs and show up at her door asking for her license. The Catch-22 is... if she is licensed, they'll report her to the state since she didn't display her license number in her BP ad. If she is not licensed, she will receive a ticket for a Class C Misdemeanor (assuming its a first offense, subsequent ones are Class B) and depending on the jurisdiction, may even get a ride to the police station and booked for a piddly Class C.

For the licensed ladies, there is a method that is effective, but time consuming in regards to both saving your license and avoiding a record. They'd have to PM me for the details though---
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Old 04-16-2015, 09:41 AM   #14
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I apologize in advance if I am asking a dumb question, but does this also apply to AMPs?
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Old 04-16-2015, 09:45 AM   #15
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Yep. Most AMPs at least have a couple of people who are actually licensed to avoid having the entire place shut down...
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