Current through Register 1531, September 27, 2024
(1) An application for licensure as a Massage
Therapist or Massage Practitioner shall be accompanied by such written
documentation as the Board may reasonably require in order to determine whether
the applicant is of "good moral character".
(2) Conduct which reasonably raises a
question about whether an applicant possesses the "good moral character"
required for registration includes, but is not limited to, any of the
following:
(a) Conviction of any criminal
offense, other than a routine traffic violation. The term "conviction" means
any of the following:
1. A final judgment
entered after a jury verdict of guilty or a judicial finding of guilty;
or
2. A plea of guilty;
or
3. A plea of nolo
contendere (no contest); or
4. Any other plea or finding which is treated
by the court as a plea or finding of guilty;
(b) Conduct that violates any of the
provisions in the Code of Professional Ethics contained in
269 CMR
5.01: Code of Professional
Ethics; and
(c)
Disciplinary action taken against any professional license, registration or
certification held by the applicant by the applicable governmental authority of
any state, territory or political subdivision of the United States or any
foreign jurisdiction.
(3) If the Board receives information about
an applicant for licensure that reasonably raises a question about whether that
applicant is of "good moral character", the Board shall conduct a further
inquiry into the relevant facts and circumstances before making a final
decision on the application.
(a)
Determinations about whether an applicant for registration possesses the "good
moral character" required for licensure shall be made on an individualized,
case-by-case basis.
(b) If the
Board determines, in its discretion, that such steps are reasonably necessary,
the Board may require the applicant to appear personally before the Board,
and/or furnish additional written information to the extent permitted by
applicable state or federal law.
(c) The burden of demonstrating that the
applicant possesses the good moral character required for registration shall
rest with the applicant.
