Current through Register Vol. 35, No. 18, September 24, 2024
A.
Competence: Each licensee and
applicant shall:
(1) limit practice and
instruction to the areas of competence in which proficiency has been gained
through education, training, and experience and refer clients to other health
professionals when appropriate;
(2)
acknowledge the limitations of and contraindications to massage therapy and
will not encourage unnecessary or unjustified treatment; and
(3) not delegate professional
responsibilities to a person who is not qualified or licensed to perform
them;
B.
Dual
relationship: It is presumed that a power imbalance exists in
professional relationships between licensees and clients. Therefore each
licensee, in interacting with a client or former client to whom the licensee
has at anytime within the previous three months rendered massage therapy or
instruction, shall not engage in romantic or sexual conduct.
C.
Client welfare: Each licensee
and applicant shall:
(1) conduct their
business and professional activities with honesty and integrity;
(2) obtain prior informed consent of the
client regarding draping and treatment to ensure the safety, comfort and
privacy of the client;
(3) provide
privacy for the client while the client is dressing or undressing;
(4) modify or terminate treatment at the
client's request, regardless of prior consent;
(5) refuse to treat any person or part of the
body for just and reasonable cause;
(6) not undertake or continue treatment with
a client when the licensee is impaired due to mental, emotional or physiologic
conditions including substance or alcohol abuse;
(7) maintain clean equipment, linens,
clothing and work areas;
(8) not
engage in any verbally or physically abusive behavior; or
(9) take unfair advantage of the client for
financial gain.
D.
Confidentiality of clients: Each licensee shall safeguard
confidential information of the client, unless disclosure is required by law,
court order, authorized by the client or absolutely necessary for the
protection of the public.
E.
Representation of services: Each licensee and applicant shall:
(1) disclose to the client the schedule of
fees for services prior to treatment;
(2) not misrepresent directly or by
implication of his professional qualifications such as type of licensure,
education, experience, or areas of competence;
(3) not falsify professional
records;
(4) include in any
advertisement for massage;
(a) his full name
as licensed with the board and license number; and
(b) the designation or abbreviation as a
"licensed massage therapist" or "LMT and "registered massage therapy school" or
"RMTS".
(5) When
offering gratuitous services or discounts in connection with professional
services, each licensee must clearly and conspicuously state whether or not
additional charges may be incurred by related services and the possible range
of such additional charges; and
(6)
not advertise massage therapy services or instruction, which contains:
(a) a false, fraudulent, misleading,
deceptive statement; or
(b)
suggestion of sexual stimulation.
F.
Violation of the law: Each
licensee and applicant shall not:
(1) violate any applicable statute or
administrative regulation governing the practice of massage therapy;
(2) use fraud, misrepresentation, or
deception in obtaining a massage therapy license or renewal, in passing a
massage therapy licensing examination, in assisting another to obtain a massage
therapy license or to pass a massage therapy licensing examination, in
providing massage therapy services, or in conducting any other activity related
to the practice of massage therapy; or
(3) be convicted of any crime that
substantially relates to the qualifications, functions, or duties of a massage
therapist.
G.
Resolving professional conduct issues: Each licensee and applicant
shall:
(1) have an obligation to be familiar
with this part. Lack of knowledge of professional conduct standard is not
itself a defense to a charge of unethical conduct;
(2) cooperate with investigations,
proceedings, and resulting requirements of this part. Failure to cooperate is
itself an ethics violation.
