Texas law

[Vegas Matt]

I am an LMT in Texas. I have been working as an Independent Contractor for several years. I am now going to rent my own treatment room at a Makeup and Hair Studio. From what I understand that if I am to practice as a sole practicioner I do not need a dba. Anyone know if this is true? Also texas law states that I would need a massage establishment license if i had a dba. However, since I am the only mt at this studio an establishment license is not necessary.... anyone else confused??
Basically, I just wanted to see if anyone out there can clarify. Do I need the dba and/or the massage establishment license?
I am current on my MT license...

Thanks in advance!

 

[sean]

Howdy, and welcome to Bodywork Online! I think I can actually help you on this one, as I have been dealing with this issue for over a year (various circumstances within our own situation).

If you are a sole proprietor and advertise as such, you do not need an establishment license. You MAY use a DBA, but if you do, then you must include either your *full legal name* OR your MT license # everywhere that your DBA name shows up- all advertising, forms, business cards, etc.. Example: "Ima Great Therapist, DBA "Greathands Massage". Or "Great Hands Massage, MT1234567". I would caution you against publishing your MT license number in your advertising, however- there are many unscrupulous people who would love "fresh meat" for their own gain (ever looked in those places that we, as legitimate licensees, would never actually advertise ourselves? Many of them seem to have the same license number...)

If you are a sole practitioner who does not use a fictitious name, you do NOT need an establishment license. "Massage by Ima Great Therapist, phone # 123 456 7890"

As a husband and wife team who want to work together, we are getting an establishment license. We do not want to go through all the hassle of trying to operate two completely separate businesses doing the exact same thing: we'd have to advertise separately, rent to separate rooms somewhere, have two different names (DBA's, if we wanted to go that route), etc.. Since we do want to work TOGETHER, we're getting the establishment license. Thus, we'll be able to advertise as "This Great Establishment" instead of splitting everything up.

IF you are working in an established business that DOES have more than one MT operating there, the BUSINESS would be required to have the massage establishment license (not you yourself). Since you'll be the only MT working there, that shouldn't be an issue. When my husband was renting a room in a "Salon" where other MT's were also renting (in addition to other sole proprietors: hairdressers, nail techs, etc), they didn't have to have a massage establishment license since they were only providing the rooms, and not advertising for massage. That was sort of confusing. If he and I had decided to stay there and work together once I got my license, WE would have had to get the ME license. If the salon had started to advertise for their tenants ("Hair, nails, massage, etc"), THEY would have had to get a ME license.

Again, your situation does not seem to warrant getting the ME license, UNLESS you just don't want to use your *full, legal name*. For my hubby, it was a hassle to do that, because he "goes by" his middle name, and we had to use his whole name, with the "nickname" in the middle of it all so those who know him by that middle name would know that it was him. Frustrating, but worth it for the time.

No, you do not *need* a DBA, and if you do decide that you WANT to use one, you still won't need the establishment license unless you want to ONLY use the DBA and not put your full name on ALL your paperwork, advertising, etc..

I hope this answers your question!

 

[Hello Hello]

thank you Timedess! I think you put it quite easy to understand...One thing I picked up on is that you mentioned that if the Salon were to advertise me then they would need a ME. The owner of this place I am renting has offered to put me on her website. Just a mention of my name, price list and my phone number to make appointment... is this ok? I don't want her to get in trouble...as I am renting and free to come and go as I please...
Thanks for any help!

 

[Pratik]

My best advice in that instance is to call Austin and ask. I think that if you are still the ONLY MT working there it'd be ok, but if there were two of you, both renting rooms and working as independent contractors/sole proprietors, the place would need to have an ME.

The place where my DH (that's "dear husband") was renting, each person rented their own room- ALL they did was rent rooms to various self-employed people. Because of this, they didn't need an ME license. If they had decided to 'collaborate" and start advertising together, then they would have needed the ME license. That is my understanding.

From what you've said, it doesn't sound like a ME license will be necessary, but I'd still call and make sure. Have you talked to the business owner/s about it? Do they even know that such a thing exists? They should know, in case they ever do decide to bring in another MT. State rules can be a headache, but to me, it's worth a little bit of "hoop-jumping" in order to ensure that we can continue to make an honest living doing what we love for a very long time to come. Good luck!