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10-08-2010, 12:39 PM
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#1
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Valued Poster
Join Date: Sep 15, 2010
Location: Overland Park
Posts: 293
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is outcall massage legal?
I'm fairly new to the hobby and the state and would like to know whats legal or illegal about having a massage done in your home in Missouri?
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10-12-2010, 07:54 PM
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#2
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Pending Age Verification
User ID: 18955
Join Date: Mar 18, 2010
Location: N/A
Posts: 1,397
My ECCIE Reviews
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You could probably get into trouble without a license... find providers that do it, everyone knows, and is verified and you should be fine.
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10-12-2010, 10:50 PM
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#3
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Valued Poster
Join Date: Sep 15, 2010
Location: Overland Park
Posts: 293
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thanks
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10-13-2010, 11:40 AM
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#4
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Account Disabled
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You might also ask in the Missouri forums. Each state has it's own statutes.
In Texas it is legal, but you have to be licensed to say you even offer a "massage". However, body rubs seem to be okay. Go figure. It was originally enacted several years ago as a tool for LE to go after the AMPS.
Some laws make little sense. We cannot buy "Lawn Darts" because some idiot may kill someone, but we can still buy cigarettes!
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10-13-2010, 08:49 PM
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#5
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Account Disabled
User ID: 5895
Join Date: Jan 6, 2010
Location: Coastal Bend, TX
Posts: 716
My ECCIE Reviews
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Actually you are not supposed to use body rub either.. pain in my ass let me tell you
Per the Occupation Code in Texas:
""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."
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10-14-2010, 12:59 AM
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#6
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Account Disabled
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I stand corrected... It is more fucked up than I thought.
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10-14-2010, 01:52 AM
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#7
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Valued Poster
Join Date: Apr 4, 2009
Location: North Texas
Posts: 2,011
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Wonder if the term "rubdown" is "legal" for non-licensed "therapists" in Texas. Exercise therapists and personal trainers do certain touching to help a patient's or client's range of motion. Do PT's have to be licensed?
Quote:
Originally Posted by cpi3000
We cannot buy "Lawn Darts" because some idiot may kill someone, but we can still buy cigarettes!
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I'm having trouble getting my cigarettes to stick in the ground when I throw them.
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10-14-2010, 01:45 PM
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#8
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Pending Age Verification
User ID: 41595
Join Date: Aug 24, 2010
Location: Dallas, TX
Posts: 151
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Little Stevie,
No, "rubdown" is just another variation of the terms for "soft tissue manipulation." In Texas, Physical Therapists have to be licensed for PT and can legally perform massage.
CHAPTER 321. DEFINITIONS
"(15) Physical therapy--The evaluation, examination, and utilization of exercises, rehabilitative procedures, massage, manipulations, and physical agents including, but not limited to, mechanical devices, heat, cold, air, light, water, electricity, and sound in the aid of diagnosis or treatment. Physical therapists may perform evaluations without referrals. Physical therapy practice includes the use of modalities, procedures, and tests to make evaluations. Physical therapy practice includes, but is not limited to the use of: Electromyographic (EMG) Tests, Nerve Conduction Velocity (NCV) Tests, Thermography, Transcutaneous Electrical Nerve Stimulation (TENS), bed traction, application of topical medication to open wounds, sharp debridement, provision of soft goods, inhibitive casting and splinting, Phonophoresis, Iontophoresis, and biofeedback services."
http://www.ecptote.state.tx.us/_priv...les2010.07.pdf
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10-15-2010, 11:56 PM
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#9
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Gaining Momentum
Join Date: Sep 15, 2010
Location: 214
Posts: 51
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Physical Therapists are licensed.
Personal Trainers are not. There are many certifications from different accrediting bodies for personal trainers. At the high end, they'll have a B.S. degree in exercise science, plus some additional certifications. My guy is degreed and has some different certs, but is also an LMT, EMT, RN and who knows what else, but anyone who can convince a gym or a client that they know what they're doing can call themselves a trainer. They aren't licensed by the state.
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10-17-2010, 05:59 AM
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#10
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Pending Age Verification
User ID: 1673
Join Date: Jul 31, 2009
Location: Dallas
Posts: 1,998
My ECCIE Reviews
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FYI~Nerve Strokes is the "light touch" or "finger tip" that is often advertised. It's just a light application of the fingertips and sometimes gives you goose bumps.
Basically, if massage is regulated in the state in which you want to receive care, then the person providing it must have a license to touch or it's a potential problem. In your home or at the spa, makes no difference. However, it's not illegal to receive an unlicensed massage, just to give it so I think you would be safer with an outcall. Correct me if I'm wrong.
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10-17-2010, 08:21 AM
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#11
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Account Disabled
User ID: 5895
Join Date: Jan 6, 2010
Location: Coastal Bend, TX
Posts: 716
My ECCIE Reviews
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I think you are right. In this situation, the receiver would not get in trouble, only the "giver". I never heard of a law prohibiting the solicitation of a massage only.
Basically the occupations code has a clause where it states the definition of "Other Massage Services" and prohibits ANY physical contact with a client for compensation.
(11) "Other massage services" include any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, lubricant, salt glow, a heat lamp, a hot and cold pack, or a tub, shower, jacuzzi, sauna, steam, or cabinet bath.
Here are the exemption rules:
Sec. 455.155. LICENSE EXEMPTION. (a) Section 455.151 does not apply to an establishment or person that:
(1) holds a license, permit, certificate, or other credential issued by this state under another law; and
(2) offers or performs massage therapy under the scope of that credential.
(b) A licensed massage therapist who practices as a solo practitioner is not required to hold a license as a massage establishment.
(c) A place of business is not required to hold a license under this chapter 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.
Just an FYI..
Surgical Assistant? Really?
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10-17-2010, 08:30 AM
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#12
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Lifetime Premium Access
Join Date: Jan 20, 2010
Location: Leaning into the curve...
Posts: 1,000
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The "rub down", "massage", "body rub", and others are terms that are important to not use if you go to the AMP's of unlicensed therapists. If you see them advertising using the term "Relaxation Therapy", "Stress Relief", or "Stress Therapy", you must use those terms when requesting service. Using the afore mentioned ones will result in mamasan replying they don't provide that, and a pause to allow you correct your wording. If you don't, bye bye, see you later.
Because the AMP's have wised up to this, the governships are now using Building Codes to shut down the operation. If they determine the girls live in the work place, they use building codes that allow them to lock the doors. So when LE can't make a case, State Licensing can't make a case, a building inspector can.
I share this only to emphasize the importance of the wording used regarding licensed vs unlicensed therapists.
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