(1) (a) The division is the only agency authorized to license and register individuals to perform massage services within the state or any of the state's political subdivisions. (b) This chapter does not prevent any political subdivision of the state from enacting: (i) subject to Subsection (1)(b)(ii), ordinances governing the operation of establishments offering massage services; or (ii) ordinances regulating the practice of massage therapy or the practice of limited massage therapy, if: (A) except as provided in Subsection (1)(b)(ii)(B), the ordinances are at least as stringent as this chapter; and (B) the ordinances do not require a background check. (2) This chapter does not prohibit any political subdivision of the state from prosecuting: (a) an individual who is engaged in massage services without the required license; or (b) an individual or a massage establishment that is engaged in unlawful conduct.
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