Tenn. Comp. R. & Regs. 0870-01-.01 - DEFINITIONS

As used in these rules, the following terms and acronyms shall have the following meaning ascribed to them:

(1) Applicant - Any individual seeking licensure who has submitted an official application and paid the application fee.

(2) Application - The application form approved by the Board and the required attachments.

(3) Board - The Tennessee Massage Licensure Board.

(4) Board Administrative Office - The office of the administrator assigned to the Board.

(5) Board's Consultant - Any person who has received a delegation of authority from the Board to perform Board functions subject to review and ratification by the Board where provided by these rules.

(6) Client - Any person with whom the massage therapist has an agreement to provide massage therapy.

(7) Continuing Education - Those pre-planned/formalized activities with written learning objectives that are directed at developing and enhancing an individual's massage therapy knowledge base or relevant skills.

(8) Department - Tennessee Department of Health.

(9) Division - The Division of Health Related Boards, Tennessee Department of Health, from which the Board receives administrative support.

(10) Establishment - A business or institution that is a fixed and permanent location or a mobile vehicle facility that is open and accessible to the general public for compensated massage services.

(11) FSMTB - The Federation of State Massage Therapy Boards.

(12) Licensee - Any person holding a license to practice massage therapy or to operate a massage establishment in the State of Tennessee. Where applicable this shall include partnerships and/or corporations.

(13) 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.

(14) MBLEx - The Massage and Bodyworks Licensing Examination established by the FSMTB

(15) NCBTMB - The National Certification Board for Therapeutic Massage and Bodywork.

(16) Person - Any individual, firm, corporation, partnership, organization, or body politic.

(17) Physician - Any physician licensed pursuant to T.C.A. Title 63, Chapter 6 or 9.

(18) Responsible person - The individual listed on a massage establishment's licensure application form, who has agreed to be held accountable to the Board for the establishment's compliance with all state statutes and regulations governing massage therapy, among other things.

(19) Sexual Activity - "Sexual activity" means any direct or indirect physical contact or communication by any person or between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes but is not limited to, sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. "Sexual activity" can involve the use of any device or object or conversation and is not dependent on whether penetration, orgasm or ejaculation occurred. As used in these rules, "masturbation" means the manipulation of any body tissue with the intent to cause sexual arousal.

Notes

Tenn. Comp. R. & Regs. 0870-01-.01

Original rule filed November 13, 1996; effective January 27, 1997. Amendment filed November 26, 1996; effective February 9, 1997. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed July 31, 2000; effective October 14, 2000. Amendment filed July 25, 2002; effective October 8, 2002. Amendment filed April 17, 2003; effective July 1, 2003. Amendment filed March 24, 2006; effective June 7, 2006. Amendment filed June 16, 2006; effective August 30, 2006. Repeal and new rule filed April 9, 2012; effective July 8, 2012. The Government Operations Committee filed a stay of the rules on July 2, 2012; new effective date August 3, 2012. The Government Operations Committee filed a second stay of the rule on July 13, 2012; new effective date September 6, 2012. Amendments filed May 19, 2017; effective 8/17/2017.

Authority: T.C.A. §§ 63-18-102, 63-18-104, 63-18-105, 63-18-108, and 63-18-111.