TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 7 MASSAGE THERAPISTS

PART 2 PROFESSIONAL CONDUCT

16.7.2.1 ISSUING AGENCY: Regulation and Licensing Department, Board of Massage Therapy, P.O. Box 25101, Santa Fe, New Mexico 87504, (505) 476-7090.

[1-11-96; 16.7.2.1 NMAC - Rn, 16 NMAC 7.2.1, 06-28-01]

16.7.2.2 SCOPE: This part applies to the conduct of licensees, registrants and applicants, including the applicant's conduct during the period of education and training, and which is required for licensure.

[1-11-96 … 7-28-96; 16.7.2.2 NMAC - Rn, 16 NMAC 7.2.2, 06-28-01]

16.7.2.3 STATUTORY AUTHORITY: This part is adopted pursuant to the Massage Therapy Practice Act, Section 61-12C-8.J.

[1-11-96; 16.7.2.3 NMAC - Rn, 16 NMAC 7.2.3, 06-28-01]

16.7.2.4 DURATION: Permanent.

[1-11-96; 16.7.2.4 NMAC - Rn, 16 NMAC 7.2.4, 06-28-01]

16.7.2.5 EFFECTIVE DATE: January 11, 1996, unless a different date is cited at the end of a section or paragraph.

[1-11-96 … 7-28-96; 16.7.2.5 NMAC - Rn, 16 NMAC 7.2.5, 06-28-01]

16.7.2.6 OBJECTIVE: This part is to establish the standards against which the required professional conduct of a massage therapist is measured. Each licensee and registrant will be governed by this part whenever providing massage therapy services in a professional context. A violation of this part is sufficient reason for disciplinary action pursuant to the Massage Therapy Practice Act under the Uniform Licensing Act.

[1-11-96 … 7-28-96; 12-24-99; 16.7.2.6 NMAC - Rn, 16 NMAC 7.2.6, 06-28-01]

16.7.2.7 DEFINITIONS: [RESERVED]

[1-11-96; 16.7.2.7 NMAC - Rn, 16 NMAC 7.2.7, 06-28-01; A, 09-04-09]

[Refer to 16.7.1.7 NMAC]

16.7.2.8 CODE OF PROFESSIONAL CONDUCT:

A. Competence:

(1) Each licensee will limit practice and instruction to the areas of competence in which proficiency has been gained through education, training, and/or experience and refer clients to other health professionals when appropriate.

(2) The licensee will acknowledge the limitations of and contraindications to massage therapy and will not encourage unnecessary or unjustified treatment.

(3) Each licensee will 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 (3) months rendered massage therapy services or instruction, shall not:

(1) engage in any verbally or physically abusive behavior; or

(2) engage in sexual conduct; or

(3) take unfair advantage of the client for financial gain.

C. Client welfare:

(1) Licensees will conduct their business and professional activities with honesty and integrity.

(2) Each licensee shall obtain prior informed consent of the client regarding draping and treatment to ensure the safety, comfort and privacy of the client.

(3) Each licensee will provide privacy for the client while the client is dressing or undressing.

(4) Each licensee will modify or terminate treatment at the client's request, regardless of prior consent.

(5) Each licensee may refuse to treat any person or part of the body for just and reasonable cause.

(6) Each licensee will 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) Each licensee will maintain clean equipment, linens, clothing and work areas.

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:

(1) Each licensee shall disclose to the client the schedule of fees for services prior to treatment.

(2) Each licensee shall not misrepresent directly or by implication his/her professional qualifications such as type of licensure, education, experience, or areas of competence.

(3) Each licensee shall not falsify professional records.

(4) Each licensee will include in any advertisement for massage:

(a) his/her full name as licensed with the board and license number; and

(b) the designation or abbreviation as a “licensed massage therapist” or "LMT"; “registered massage therapy instructor” or "RMTI"; 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.

(6) Each licensee will 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:

(1) Each licensee shall not violate any applicable statute or administrative regulation governing the practice of massage therapy.

(2) Each licensee shall not 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.

G. Resolving professional conduct issues:

(1) Each licensee has 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) Each licensee will cooperate with investigations, proceedings, and resulting requirements of this part. Failure to cooperate is itself an ethics violation.

[1-11-96; 5-11-97; 12-24-99; 16.7.2.8 NMAC - Rn, 16 NMAC 7.2.8, 06-28-01]

HISTORY OF 16.7.2 NMAC: [Reserved]