Wis. Admin. Code Massage Therapy and Bodywork Therapy Affiliated Credentialing Board § MTBT 5.02 - Unprofessional conduct
Current through November 29, 2021
"Unprofessional conduct" includes the following, or aiding, abetting, or conspiring the same:
(1)
Violating s. 460.14(2) (a) to (j) , Stats., or any provision of a board
order.
(2) Being convicted of an
offense under s. 940.22, 940.225, 944.15, 944.17, 944.30(1m) , 944.31, 944.32,
944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095, or 948.10,
Stats.
(3) Engaging in fraud,
misrepresentation, or deceit in applying for or procuring a license to practice
massage therapy or bodywork therapy, in connection with applying for or
procuring periodic renewal of a license, or in otherwise maintaining a
license.
(4) Engaging in any act of
fraud, deceit, or misrepresentation, including acts of omission to the board or
any person acting on the board's behalf, including department of safety and
professional services personnel.
(5) Employing illegal or unethical business
practices, including either of the following:
(a) Fraud, deceit, or misrepresentation in
obtaining or attempting to obtain any fee or third-party
reimbursement.
(b) Engaging in
uninvited, in-person solicitation of actual or potential clients, who because
of their particular circumstances are vulnerable to undue influence.
(6) Knowingly, negligently, or
recklessly making any written or oral statement while practicing massage
therapy that is likely to deceive, defraud, mislead, or create an unacceptable
risk of harm to a client, the public, or both.
(7) Engaging in false, misleading, or
deceptive advertising.
(8) Failing
to maintain accurate and timely records necessary for the continuity of a
client's massage therapy or bodywork therapy treatment. Records are to be
maintained for a period of at least 5 years.
(9) Performing any act constituting the
practice of massage therapy or bodywork therapy on any client without the
client's informed consent or after the client has withdrawn informed consent,
whether verbally or in writing, or either of the following:
(a) Failure to document informed
consent.
(b) Failure to inform the
client that any act of massage therapy may or will be performed by unlicensed
personnel.
(10) Any
practice or conduct that falls below the standard of minimal competence within
the profession that results in unacceptable risk of harm to the client,
regardless of whether injury results.
(11) Practicing as a massage therapist or
bodywork therapist when physical or mental abilities are impaired by the use of
controlled substances or other drugs, chemicals, or alcohol, or by other
causes.
(12) Practicing as a
massage therapist or bodywork therapist with a mental or physical condition
that impairs the ability of the licensee to practice within the standard of
minimal competence or without exposing a client to an unacceptable risk of
harm.
(13) Practicing beyond the
scope of massage therapy or bodywork therapy.
(14) Divulging any information that is
required under s. 460.11(2) , Stats., to be kept confidential.
(15) Engaging in sexually explicit conduct,
sexual contact, exposure, gratification, or other sexual behavior with or in
the presence of a client, a client's immediate family member, or a person
responsible for the client's welfare. For purposes of this subsection, all of
the following shall apply:
(a) Sexual nature
of contact shall be determined from the totality of the circumstances and is
presumed when the massage therapist or bodywork therapist has contact with a
client's intimate parts without legitimate professional justification for doing
so.
(b) An adult client shall
continue to be considered a client for 6 months after the termination of
professional services.
(c) A client
who is a minor shall continue to be considered a client for 2 years after the
termination of services or for 2 years after the client reaches the age of
majority, whichever is longer.
(16) Engaging in any sexual contact or
conduct with or in the presence of a client or former client who lacks the
ability to consent for any reason, including age, medication, or psychological
or cognitive disability.
(17)
Falsifying client records.
(18)
Failing to provide access to client records when requested by the board or the
board's representative.
(19) After
a request by the board, failing to cooperate in a timely manner with the
board's investigation of complaints filed against the licensee. There is a
rebuttable presumption that a licensee who takes longer than 30 calendar days
to respond to a request of the board has not acted in a timely manner under
this subsection.
(20) Failing to
provide clean clothing, linens, or equipment.
(21) Failing to provide draping and treatment
that ensures the safety and privacy of a client.
(22) Permitting or assisting any person to
perform acts constituting massage therapy or bodywork therapy without
sufficient qualifications, necessary credentials, adequate informed consent, or
adequate supervision. The licensed massage therapist or bodywork therapist is
responsible for determining whether general, one-to-one, or on-premises
supervision is necessary to protect the client from an unacceptable risk of
harm. The licensed massage therapist or bodywork therapist retains
responsibility for delegated or supervised acts unless the board determines
that the delegate knowingly and willfully violated the supervisor's direction
or instruction.
(23) Failing to
inform a client about contraindications of massage therapy or bodywork therapy
as it related to the information provided on the informed consent or intake
form completed by the client.
(24)
Failing to complete the continuing education requirements under s. MTBT 7.02(3).
(25) Having an adverse action
against a credential pertaining to the practice of massage therapy or bodywork
therapy by any agency of this or another state, or by an agency or authority
within the federal government. This subsection applies whether the adverse
action is accompanied by findings of negligence or unprofessional conduct or
results in a temporary or permanent limitation, restriction, suspension, or
revocation.
(26) Subject to ss.
111.321, 111.322, and 111.335, Stats., being convicted of an offense the
circumstances of which substantially relate to the practice of massage therapy
or bodywork therapy. For purposes of this subsection, all of the following
shall apply:
(a) Except as otherwise provided
by law, a certified copy of a decision is conclusive evidence of the finding of
facts and conclusions of law by a state or federal court or agency charged with
making legal determinations relevant to a conviction.
(b) The board has the burden of proof that a
conviction is substantially related to the practice of massage therapy or
bodywork therapy.
(27)
Failing to report to the board any incident in which the licensee has direct
knowledge of reasonable cause to suspect that a massage therapist or bodywork
therapist has committed any unprofessional, incompetent, or illegal act in
violation of state or federal statute, administrative rule, or orders of the
board. Reports shall be made within the time necessary to protect clients from
further unacceptable risk of harm.
(28) Failing to display the license granted
under ch. 460, Stats., in the licensee's place of business or practice as
required under s. 460.07(1) , Stats. In the case of a mobile practice, a
licensee shall be able to present the license for public display.
(29) Failing to maintain liability insurance
coverage of at least $1,000,000 per occurrence and $1,000,000 for all
occurrences in one year as required under s. 460.05(1) (g) , Stats.
Notes
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