Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 53 - Misconduct and Negligence in the Practice of Massage Therapy › Section XLIV-5301 - Unprofessional Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following acts shall constitute misconduct in the practice of massage therapy
				or incorrect practice of massage for which disciplinary penalties may be
				imposed:
1. conviction or a plea of guilty in
				any jurisdiction, regardless of adjudication, of a crime directly relating to
				the practice of massage or to the ability to practice massage. Any plea of
				"nolo contendere" shall be considered a conviction for purposes of this rule;
				including pleas of guilty, nolo contendere and pleas under La. C.Cr.P. Article
				893 and 894;
2. false, deceptive,
				or misleading advertising;
3.
				aiding, assisting, procuring, or advising any unlicensed person to practice
				massage therapy, contrary to this Rule or to a rule of the department or the
				board;
4. engaging in or attempting
				or offering to engage a client in sexual activity, including any genital
				contact, as provided under
				§3101 of this Part;
5. making deceptive, untrue, or fraudulent
				representations in the practice of massage;
6. practicing or offering to practice beyond
				the scope permitted by law or accepting and performing professional
				responsibilities which the licensee knows or has reason to know that he is not
				competent to perform;
7. delegating
				professional responsibilities to a person when the licensee delegating such
				responsibilities knows or has reason to know that such person is not qualified
				by training, experience, or licensure to perform them;
8. violating any provision of any rule of the
				board or a lawful order issued at a board hearing or failing to comply with a
				lawfully issued subpoena;
9.
				operating any massage establishment unless it has been duly licensed as
				provided herein;
10. operating a
				massage establishment under a suspended, expired, or revoked license;
11. refusing to permit the board to inspect
				the business premises of the licensee during regular business hours;
12. practicing massage therapy when a license
				to practice massage therapy has expired, been revoked, suspended or otherwise
				acted against, including the denial of licensure by the licensing authority of
				another state, territory or country;
13. failure to perform any statutory or legal
				obligation placed upon a licensed massage therapist;
14. inability to skillfully and safely engage
				in the practice of massage therapy by reason of illness, alcohol or substance
				abuse or as a result of any mental or physical condition;
15. engaging in the practice of massage
				therapy without a current massage license;
16. failure to practice massage with that
				level of care, skill, and treatment which is recognized by a reasonably prudent
				similar massage therapist as being acceptable under similar conditions and
				circumstances;
17. failing to keep
				the equipment and premises of the massage establishment in a clean and sanitary
				condition;
18. engaging in the
				practice of reflexology without a current massage therapy license.
a. For the purpose of this Rule:
reflexology
-the manipulation of the
				  superficial tissues of the hands and feet, based on the theory that
				  manipulation of body reflex areas or zones can affect other body
				  functions.