02-041 C.M.R. ch. 400, § 4 - Clarification of Terms

A. FRAUD OR DECEIT.

1. The practice of fraud or deceit in obtaining or renewing or in attempting to obtain or renew a license or registration includes, but is not limited to:

a. Falsification or misrepresentation of facts or information listed on an application;

b. Intentionally withholding or misrepresenting any information requested on the application, including information regarding criminal or disciplinary action taken by any state against an applicant; or

c. Impersonating another applicant.

2. The practice of fraud or deceit in connection with services rendered, but is not limited to:

a. Intentionally engaging in false, misleading or deceptive advertising; or

b. Impersonating another licensee or registrant.

B. GROSS NEGLIGENCE, INCOMPETENCY OR MISCONDUCT

1. Gross negligence, incompetence or misconduct in the service of massage therapy includes, but is not limited to:

a. Intentionally or recklessly causing physical or emotional harm to the public;

b. Encouraging or promoting massage therapy by untrained or unqualified persons;

c. Engaging in any lewd, indecent, obscene or unlawful behavior while acting as a massage therapist or massage practitioner;

d. Massage of genital areas or massage of a client who is not properly draped for massage, or by a massage therapist or massage practitioner who is not properly dressed;

e. Failure to respect the patient's/client's boundaries with respect to privacy, exposure, or emotional expression;

f. Serving the public when physical or mental ability is impaired to any extent by alcohol and/or drugs;

g. Serving the public when ability to do so is impaired psychologically or mentally;

h. Willful or intentional misrepresentation of skills to a client;

i. Failure to comply with the terms of any settlement agreement or other disciplinary action by the department;

j. Subject to the limitations of 5 MRSA chapter 341, conviction of a crime which involves dishonesty or false statement or which directly relate to the practice of massage;

k. Failure to safeguard the confidentiality of all client information, unless disclosure is required by law or court order;

l. Failure to respect the client's right to refuse, modify, or terminate treatment, regardless of prior consent given;

m. Failure to provide draping and treatment in a way that ensures the safety, comfort and privacy of the client; or

n. Failure to refrain, under all circumstances, from initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior or speech with a client in connection with the rendering to that client of professional massage services, even if the client attempts to sexualize the professional relationship.

Notes

02-041 C.M.R. ch. 400, § 4