Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment clarifies standards of
practice.
(1) A licensee
shall practice within the scope of their education and training and not
misrepresent professional qualifications relating to licensure, education,
experience, or areas of competence.
(2) A licensee shall recommend or refer a
client to another licensed health care professional when appropriate and not
delegate professional responsibilities to a person that is not qualified.
(A) For the purpose of this rule, a client is
defined as one who utilizes the services of a licensed massage therapist. A
client does not include the licensee's immediate family members or significant
other.
(3) A licensee
shall conduct business with honesty and integrity to include the following:
(A) Maintain professional liability
insurance;
(B) Advertise massage
therapy services or instruction that is accurate and free of deception, sexual
suggestiveness, or explicit sexuality;
(C) When providing massage therapy, not dress
or behave in a provocative manner;
(D) Prior to treatment, disclose the fee schedule.
When offering gratuitous services or discounts in connection with massage
therapy services, clearly and conspicuously disclose whether additional charges
may be incurred for related services and the cost of such related
services;
(E) Post the license
with a current photograph at the licensee's place of business and/or
employment;
(F) Maintain accurate
client records and store records for at least three (3) years from the last
date of service and in a manner that secures client confidentiality. Client
records for massage therapy not provided at a licensed massage therapy business
shall be maintained and stored securely by the licensee;
(G) Shall not engage in any verbally or physically
abusive behavior with a client;
(H)
Shall not engage in sexual conduct with a client(s) during a massage
session;
(I) Shall not exercise
influence within a licensee-client relationship for the purpose of engaging a
client in sexual activity during a massage session;
(J) Shall not take unfair advantage of the
client for financial gain;
(K)
Shall not massage the genitals;
(L)
Shall not massage the breast unless ordered by a physician prescription or by
documented clinical indication to be included in the client's record with the
massage performed by a licensee that is certified or has advanced training in
techniques related to therapeutic treatment of mammary tissue;
(M) Notify the board of any violation of the
Standards of Practice of which the licensee has information and knowledge;
and
(N) Within the limits of the
law, cooperate with any investigative proceeding.
(4) Unless waived, in writing and signed by the
client, and prior to providing massage therapy, a licensee shall document or
update client information to include:
(A)
Purpose for visit to include presence of pain;
(B) Allergies, preexisting conditions, recent
surgeries, and current medication;
(C) If the client is currently under the care
of any health or mental healthcare professional;
(D) Date, type, and length of massage therapy
service(s);
(E) Outcome
assessment;
(F) Consent for
treatment that is signed and dated by client; and
(G) Licensee's signature and date.
(5) When providing massage
therapy a licensee shall:
(A) During any
massage requiring the client to undress, pro-vide privacy for the
client;
(B) Provide appropriate
draping during the massage which includes draping at the gluteal cleft and
genitals on males and females and the breasts on females;
(C) Modify or terminate the massage at the
client's request regardless of prior consent;
(D) Exercise the right to refuse to provide
massage therapy to any person;
(E)
Utilize universal precautions at all times. This includes hand washing with an
antibacterial agent before and after each client and not knowingly exposing
clients to contagious diseases. An antibacterial waterless hand cleanser can be
used while in the confines of the massage therapy area and when leaving the
area, the licensee must reapply the antibacterial waterless hand cleanser
before providing massage therapy. For the purpose of this rule, universal
precautions is defined as an approach to infection control as defined by the
Center for Disease Control (CDC) to treat all human blood and certain body
fluids as if they were known to be infectious for Human Immunodeficiency Virus
(HIV), Hepatitis B Virus (HBV) and other blood borne pathogens; and
(F) Provide adequate space around massage
chair/table to allow for proper body mechanics and to minimize the spread of
infection between tables/chairs.
*Original authority: 324.245, RSMo 1998, amended 1999,
2003, 2006 and 324.262, RSMo 1998, amended 1999,
2006.