Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.155 - BOARD OF MASSAGE THERAPY
Subchapter 24.155.9 - Unprofessional Conduct
Rule 24.155.901 - UNPROFESSIONAL CONDUCT
Universal Citation: MT Admin Rules 24.155.901
Current through Register Vol. 24, December 22, 2023
(1) The following conduct is unprofessional conduct justifying disciplinary action against a licensee:
(a) incompetence, negligence, or
use of any modality procedure in the practice of a profession which results in
an unreasonable risk of physical injury to the client;
(b) accepting and performing massage therapy
responsibilities which the licensee knows or has reason to know that he or she
is not competent to perform;
(c)
engaging in or soliciting sexual contact or sexual intercourse, as those terms
are defined in
45-2-101,
MCA, with a client, when such act or solicitation is related to the practice of
massage therapy, or failing to refrain from any provision of [24.155.902(6)
];
(d) advertising massage therapy
services or instruction in a manner that is inaccurate, deceptive, sexually
suggestive, or explicitly sexual;
(e) failing to adequately supervise auxiliary
staff or massage therapy students to the extent that the consumer's health or
safety is at risk;
(f) failing to
comply with continuing education requirements set forth in ARM Title 24,
chapter 155, or failing to supply continuing education documentation as
requested by the board in accordance with applicable statutes and rules, or
supplying misleading, incomplete, or false information relative to continuing
education;
(g) failing to
cooperate with an investigation that is the result of a complaint;
(h) failing to maintain records in accordance
with [24.155.402 ];
(i) violation
of any of the provisions of statute or rule applicable to the practice of
massage therapy; or
(j) failing to
display licensee's license conspicuously in licensee's principal place of
business while performing any activities related to massage therapy. Licensees
with a mobile practice will show the license upon request by the
client.
NEW, 2010 MAR p. 2382, Eff. 10/15/10; AMD,2018 MAR p. 1038, Eff.5/26/2018; AMD, 2020 MAR p. 1327, Eff. 7/25/2020
AUTH: 37-1-131, 37-1-136, 37-1-319, MCA; IMP: 37-1-136, 37-1-316, 37-1-319, MCA
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