reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.05 - Licensure or Registration Required; Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
An individual shall be licensed by the Board in order to
					 practice massage therapy, and shall be registered by the Board in order to
					 practice massage therapy in a setting that is not a health care setting, except
					 for the following:
A. A student
				  enrolled in an approved education program as determined by the Board while
				  performing massage therapy in the program;
B. An individual who:
(1) Practices massage therapy in a recognized
				  jurisdiction with an active license or registration in good standing;
(2) Is seeking to practice in Maryland
				  exclusively with a visiting organization for not more than 7 consecutive days
				  and not to exceed 30 days per calendar year; and
(3) Submits a timely request for approval to
				  participate in an event by application at least 10 days prior to the event in
				  accordance with Board procedures;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.06 - Application for Licensure or Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				  for a license to practice massage therapy shall:
(1) Complete the application provided by the
				  Board;
(2) Pay the application fee
				  as specified in COMAR 10.65.07;
(3)
				  Submit one recent 2 inch by 2 inch passport type photograph on a solid white
				  background of the applicant;
(4)
				  Submit a completed criminal background check;
(5) Provide evidence that the applicant is:
(a) Of good moral character; and
(b) 18 years old or older;
(6) Pass the State Board of
				  Massage Therapy Examiners Jurisprudence Examination, which is administered by
				  the Board, with a score of at least 75 percent;
(7) Have sent directly to the Board by the
				  administering authority proof of:
(a) Having
				  passed:
(i) The National Certification Board
				  for Therapeutic Massage and Bodywork (NCBTMB) examination; or
(ii) The National Certification Commission
				  for Acupuncture and Oriental Medicine (NCCAOM) Asian Bodywork Therapy
				  examination; or
(b) The
				  results of an examination approved by the Board;
(8) Have copies of official transcripts sent
				  directly to the Board by an institution of postsecondary education, as defined
				  in Education Article, §
											10-101, Annotated Code of
				  Maryland, and approved by the Maryland Higher Education Commission, from which
				  the applicant graduated that documents completion of a program of at least 750
				  contact hours of massage therapy education in a curriculum that is:
(a) Approved by the Board
(b) Endorsed by:
(i) The Commission on Massage Therapy
				  Accreditation (COMTA); or
(ii) An
				  equivalent entity that accredits both institutions of postsecondary education
				  and programs offering instruction in massage therapy; and
(c) Accredited by an institutional
				  accreditation agency recognized by the United States Department of
				  Education;
(9) Provide
				  documentation of having satisfactorily completed the requirements listed in
				  Regulation .07 of this chapter;
(10) Provide documentation of current
				  certification of qualification in CPR, at a minimum at the Basic Life Support
				  (BLS) level; and
(11) Have
				  verification of status sent directly to the Board by the issuing state, if
				  certified, licensed, or registered to practice massage therapy in another
				  state
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.07 - Required Massage Therapy Education and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Classroom
				  Training: LMTs.
(1) An applicant for a
				  license to practice massage therapy shall provide documentation of having
				  graduated with at least 750 hours of education in a Board-approved program for
				  the study of massage therapy that includes the following areas of content:
(a) 100 hours in anatomy, physiology, and
				  kinesiology;
(b) 200 hours in
				  massage therapy theory;
(c) 50
				  hours in contraindications to massage therapy and pathology;
(d) 30 hours in professional
				  ethics;
(e) 5 hours in health and
				  hygiene;
(f) 5 hours in
				  research;
(g) 175 hours in
				  supervised hands-on techniques;
(h)
				  50 hours in clinical assessment and documentation;
(i) 35 hours in professional standards and
				  business practices; and
(j) 100
				  hours in supervised clinical experience/practicum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.08 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall:
(1) Issue a license to an approved
				  applicant that:
(a) Is not valid for more
				  than 2 years, and
(b) Expires on
				  the date set by the Board; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.09 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall:
(1) Issue an initial registration
				  until September 30, 2024, to an approved applicant that:
(a) Is not valid for more than 2 years;
				  and
(b) Expires on the date set by
				  the Board; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.10 - Renewals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall send each licensee a renewal notice that states the:
(1) Date on which the current license or
				  registration expires;
(2) Latest
				  date by which the renewal application and documentation can be received by the
				  Board in order for the renewal license or registration to be issued before the
				  current license or registration expires; and
(3) Amount of the renewal fee as specified in
				  COMAR 10.65.07.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.11 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall reinstate an individual whose license or registration has expired if the
				  individual:
(1) Meets the renewal requirements
				  of this chapter and Health Occupations Article, §
											6-306, Annotated
				  Code of Maryland;
(2) Pays the late
				  and reinstatement fees as specified in COMAR 10.65.07, if the request is
				  received by the Board more than 30 days after the expiration date of the
				  license or registration; and
(3)
				  Satisfactorily completes the minimum continuing education requirements set
				  forth under COMAR 10.65.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.12 - Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  accordance with Health Occupations Article, §
										6-306, Annotated
				  Code of Maryland, a request by an active licensee or registrant to transfer a
				  license or registration to inactive status shall be granted upon receipt of
				  the:
(1) Completed Board-approved inactive
				  status application; and
(2) Payment
				  of the required, non-refundable, biennial inactive status fee set forth in
				  COMAR 10.65.07.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.13 - Duplicate Licenses and Registrations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall issue a duplicate license or registration to a licensee if:
(1) The licensee has a change of name, loses or
				  damages the original, or practices in multiple locations; and
(a) Makes the request to the Board in
				  writing;
(b) Provides appropriate
				  legal documentation of the change;
(c) Pays the fee as specified in COMAR
				  10.65.07; and
(d) Surrenders the
				  current license or registration;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.14 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
If a licensee fails to notify the Board of a change of name
					 or address within the time required in Regulations .08B and .09B of this
					 chapter, subject to the hearing provisions of Health Occupations Article,
					 §6"309, Annotated Code of Maryland, the Board may impose an administrative
					 penalty of $100.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.01 - General Regulations › Section 10.65.01.15 - Compelling Public Purpose Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  custodian of records for the Board may find that a compelling public purpose
				  warrants disclosure of information in an application, certification, licensing,
				  or investigative file, regardless of whether there has been a request for the
				  information, if the information concerns:
(1)
				  Possible criminal activity and the disclosure is to a federal, state, or local
				  law enforcement or prosecutorial official or authority;
(2) A possible violation of law and the
				  disclosure is to a federal, state, or local authority that has jurisdiction
				  over the individual whose conduct may be a violation, and the information
				  disclosed is limited to information relevant to the possible violation by that
				  individual; or
(3) Conduct by an
				  individual that the Board reasonably believes may pose a risk to the public
				  health, safety, or welfare, and the disclosure is to:
(a) A law enforcement authority;
(b) An administrative official;
(c) An Agency that regulates the individual;
				  or
(d) A hospital or other health
				  care facility where the individual has
				  privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all contested case hearings before
					 the Board of Massage Therapy Examiners or before the Office of Administrative
					 Hearings. It does not apply to conferences or other informal investigations or
					 proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.02 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written
				  notice of a hearing shall be sent by the Board to all interested parties at
				  least 30 days before the hearing. The notice shall state the date, time, and
				  place of the hearing. It shall also state the issues or charges involved in the
				  proceeding, provided, however, that if by reason of the nature of the
				  proceeding, the issues cannot be fully stated in advance of the hearing, or if
				  subsequent amendment of the issues is necessary, they shall be fully stated as
				  soon as practicable.
B. Service
				  upon a party shall be by delivery of the charging document and a copy of the
				  complaint to the party in person. Instead of personal service, the Board may
				  serve the charging document and a copy of the complaint by registered or
				  certified mail, restricted delivery, return receipt requested.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.03 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Every party appearing at formal hearings has the right to
					 appear in proper person, or by or with counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.04 - Pre-hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Pre-hearing Conferences. The Board may set a pre-hearing conference as it deems
				  appropriate.
B. Oaths and
				  Subpoenas. The Board may administer oaths and compel the attendance of
				  witnesses and the production of physical evidence before it from witnesses upon
				  whom process is served anywhere within the State as in civil cases in the
				  circuit court of the county or of Baltimore City, by subpoena issued over the
				  signature of the President or Secretary and the seal of the Board. Upon a
				  request by a party and statement under oath that the testimony or evidence is
				  necessary to their defense, the Board shall issue a subpoena on their
				  behalf.
C. All motions filed by a
				  party with the Board or the Office of Administrative Hearings, as appropriate,
				  shall be accompanied by a memorandum of points and authorities and shall be
				  filed at least 15 days before the hearing. A copy shall be served on the
				  opposing party. Any response shall be filed with the Board or the Office of
				  Administrative Hearings, as appropriate, at least 7 days before the hearing and
				  a copy shall be served on the opposing party.
D. Discovery on Request. By written request
				  served on the other party and filed with the Board or the Office of
				  Administrative Hearings, as appropriate, a party may require another party to
				  produce, within 15 days, the following:
(1) A
				  list of witnesses to be called;
(2)
				  Copies of documents intended to be produced at the hearing; or
(3) Both §A(1) and (2) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.05 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties
				  of Presiding Officer.
(1) The Board shall
				  conduct hearings before a quorum of the Board.
(2) For purposes of a hearing under this
				  chapter, four Board members present and entitled to vote shall constitute a
				  quorum.
(3) Board action shall be
				  by majority vote of all the members then serving.
(4) The President, or the President's
				  designee, shall be the presiding officer, and shall have complete charge of the
				  hearing, permit the examination of witnesses, admit evidence, rule on the
				  admissibility of evidence, and adjourn or recess the hearing from time to
				  time.
(5) The presiding officer may
				  set reasonable time limits in arguments and presentation of evidence.
(6) The presiding officer shall be
				  responsible for decorum in hearings and can suspend the proceedings as
				  necessary to maintain decorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.06 - Records and Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall prepare an official record, which shall include all pleadings,
				  testimony, exhibits, and other memoranda or material filed in the
				  proceeding.
B. A stenographic
				  record of the proceedings shall be made at the expense of the Board. This
				  record need not be transcribed, however, unless requested by a party, or by the
				  Board. The cost of any typewritten transcripts of any proceeding, or part of
				  it, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.07 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every
				  decision and order rendered by the Board shall be in writing and shall be
				  accompanied by findings of fact and conclusions of law.
B. A copy of the decision and order and
				  accompanying findings and conclusions shall be delivered or mailed promptly to
				  each party or attorney of record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on him of the decision and order. Action on an application
				  shall lie in the discretion of the Board.
B. Unless otherwise ordered, neither the
				  rehearing nor the application for it shall stay the enforcement of the order,
				  or excuse the person affected by it for failure to comply with its
				  terms.
C. The Board may consider
				  facts not presented in the original hearing, including facts arising after the
				  date of the original hearing, and may by new order abrogate, change, or modify
				  its original order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.02 - Rules of Procedure for Board Hearings › Section 10.65.02.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
Any person whose license has been revoked or suspended by
					 the Board, or any person placed on probation or reprimand under the regulations
					 in this chapter, may appeal the Board's decision as provided by
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to licensed massage therapists and
					 registered massage practitioners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "License holder" means an individual who
				  is licensed by the Board to practice massage therapy.
(2) "Non bona fide treatment" means when a
				  license holder or registration holder treats or examines a client in a way that
				  involves sexual contact, but there is no therapeutic reason for the procedure,
				  or the procedure falls outside of reasonable massage therapy .
(3) "Registration holder" means an individual
				  who is registered by the Board to practice massage therapy in a setting that is
				  not a health care setting.
(4)
				  "Sexually exploitative relationship" means when sexual contact occurs in an
				  existing therapeutic relationship, or within a period of time after formal
				  termination of the therapeutic relationship where the client may still be
				  vulnerable to the power imbalance that exists in the relationship between the
				  license holder or the registration holder and the client, even if the
				  relationship may appear to be mutually consensual.
(5) "Therapeutic deception" means when a
				  license holder or registration holder misrepresents sexual conduct as a
				  legitimate form of treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.03 - Standards of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  license holder or registration holder shall be concerned primarily with the
				  welfare of the client.
B. A license
				  holder or registration holder who suffers from a physical, mental, or emotional
				  impairment, including chemical abuse, which impacts the license holder's or
				  registration holder's ability to practice massage therapy, shall proactively
				  seek professional treatment and shall refrain from the practice of massage
				  therapy until such time as the impairment no longer exists or reasonable
				  accommodations can be made.
C. A
				  license holder or registration holder shall:
(1) Use professional discretion and integrity
				  in relationships with members of the public and health care
				  community;
(2) Engage in
				  professional conduct at all times, with honesty, integrity, self-respect, and
				  fairness;
(3) Remain free from
				  conflict of interest while fulfilling the objectives and maintaining the
				  integrity of the massage therapy profession;
(4) Provide accurate fee information to the
				  client, the individual responsible for payment for treatment, and the
				  insurer;
(5) At all times respect
				  the client's dignity, autonomy, and privacy;
(6) Practice massage therapy only as defined
				  in the scope of practice set out in Health Occupations Article, §
											6-101, Annotated
				  Code of Maryland;
(7) Cooperate
				  with a lawful investigation conducted by the Board of Massage Therapy
				  Examiners, including:
(a) Furnishing
				  information requested;
(b)
				  Complying with a subpoena;
(c)
				  Responding to a complaint at the request of the Board; and
(d) Providing meaningful and timely access to
				  relevant client records;
(8) Report to the Board of Massage Therapy
				  Examiners, or other appropriate authority, conduct in the practice of massage
				  therapy that indicates a violation of:
(a)
				  This chapter;
(b) Health
				  Occupations Article, Title 6, Annotated Code of Maryland; or
(c) Any other law, including but not limited
				  to aiding or abetting the unauthorized practice of massage therapy; and
(9) Attempt to correct
				  others who misrepresent the license holder's or registration holder's
				  credentials, qualifications, education, or affiliations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.04 - Relationship with Client

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  license holder or registration holder shall:
(1) Use professional judgment in the use of
				  evaluation and treatment procedure;
(2) Decline to administer treatment when the
				  treatment is contraindicated or unjustified;
(3) Terminate a professional relationship
				  with a client in an appropriate manner, such as:
(a) Providing the client with sufficient
				  notice to permit the client to obtain the services of another professional;
				  or
(b) Assisting the client by
				  providing referrals, if appropriate.
(4) Maintain legible, organized written
				  records of treatment of any client under the care of the license holder or
				  registration holder for at least 5 years after termination of treatment and as
				  provided by applicable provisions of Health-General Article, Title 4, Subtitle
				  3, Annotated Code of Maryland;
(5)
				  Make the written records available to the client upon request, in compliance
				  with applicable laws for disclosure of medical records;
(6) Make arrangements for another
				  professional to provide for the needs of the clients during anticipated
				  absences when not available to clients;
(7) Make referrals only to other qualified
				  and duly licensed or certified health care providers or practitioners, or
				  both;
(8) Accurately inform
				  clients, other health care professionals, and the public of the limitations of
				  massage therapy;
(9) Adequately
				  assess the client to determine if contraindications against massage therapy
				  exist and refer the client to an appropriate health care practitioner; and
(10) Exercise independent
				  professional judgment in the treatment or evaluation, or both, of clients,
				  regardless of whether the client was referred by another health care
				  provider.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.05 - Professional Boundaries

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  license holder or registration holder shall:
(1) Maintain professional boundaries, even
				  when the client initiates crossing the professional boundaries of the
				  professional relationship; and
(2)
				  Respect and maintain professional boundaries and respect the client's
				  reasonable expectation of professional conduct.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.06 - Records, Confidentiality, and Informed Consent

Current through Register Vol. 51, No. 14, July 12, 2024
A license holder or registration holder shall:
A. Respect and maintain the privacy and
				  confidentiality of the client;
B.
				  Disclose the client's record or information about the client only with the
				  client's consent or as required by law;
C. Adequately safeguard confidential client
				  information, including storage and disposal of records;
D. Provide sufficient information to a client
				  to allow the client to make an informed decision regarding treatment,
				  including:
(1) The purpose or nature of an
				  evaluation or treatment regimen;
(2) Alternatives to treatment;
(3) Side effects and benefits of a proposed
				  treatment regimen and the alternatives to that treatment;
(4) The estimated cost of treatment and
				  alternatives to treatment;
(5) The
				  right of the client to withdraw from treatment at any time, including the risks
				  associated with withdrawing from treatment; and
(6) The client's right to decline to
				  participate in treatment if an aspect of the treatment will be recorded,
				  documented, photographed, observed, or otherwise used in an educational
				  program;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.07 - Education and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  license holder or registration holder shall:
(1) Recognize the license holder's or
				  registration holder's limitations and qualifications and practice massage
				  therapy within the limits of these limitations and qualifications;
(2) Obtain additional training, information,
				  and supervision as needed to perform a new technique or service in a new
				  specialty area or when employing a new treatment modality; and
(3) Maintain a current license or
				  registration to practice massage therapy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.08 - Ethical, Legal, and Professional Responsibilities of Massage Therapist and Practitioners

Current through Register Vol. 51, No. 14, July 12, 2024
A license holder or registration holder may not construe a
					 failure to specify a particular ethical, legal, or professional duty in this
					 chapter as a denial of the existence of other ethical, legal, or professional
					 duties or responsibilities that are equally as important and as generally
					 recognized in the profession.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.03 - Code of Ethics › Section 10.65.03.09 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
If a license holder or registration holder violates a
					 regulation in this chapter, the Board may take action pursuant to Health
					 Occupations Article, § 6308, Annotated Code of Maryland. The Board may
					 also impose a penalty not exceeding $5,000.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs advertising by individuals licensed as
					 massage therapists or registered as massage practitioners by the Board of
					 Chiropractic and Massage Therapy Examiners in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Advertising" means calling to the
				  attention of the public the services one has to offer.
(2) "Board" means the Board of Chiropractic
				  and Massage Therapy Examiners.
(3)
				  "License holder" means an individual who is licensed by the Board to practice
				  massage therapy.
(4) "Registration
				  holder" means an individual who is registered by the Board to practice massage
				  therapy in a setting that is not a health care setting.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.03 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. A license holder
				  or registration holder may advertise massage services subject to the provisions
				  of this chapter.
B. The license
				  holder or registration holder shall state in the advertisement that the:
(1) License holder is a "State of Maryland
				  licensed massage therapist"; or
(2)
				  Registration holder is a "State of Maryland registered massage
				  practitioner".
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.04 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A license holder or registration holder may not engage in
					 solicitation, including, but not limited to, in-person, telephone, electronic,
					 or direct mail solicitation, that:
A.
				  Amounts to fraud, undue influence, intimidation, or over reaching; or
B. Contains statements which would be
				  improper under Regulation .03C of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.05 - Accountability

Current through Register Vol. 51, No. 14, July 12, 2024
A license holder or registration holder shall be
					 accountable under this chapter if the license holder or registration holder
					 uses an agent, partnership, professional association, health maintenance
					 organization, or any other entity or means to implement actions prohibited by
					 this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.04 - Advertising › Section 10.65.04.06 - Penalties for Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A violation of this chapter may result in disciplinary
					 action against the license holder or the registration holder under Health
					 Occupations Article, Title 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.05 - Continuing Education Requirements › Section 10.65.05.01 - Required Continuing Education Hours

Current through Register Vol. 51, No. 14, July 12, 2024
A. By October of each renewal year, beginning
				  in October, 2004, certificate and registration holders shall satisfactorily
				  complete a minimum of 24 hours within the previous 24 months as follows:
(1) 3 hours in professional ethics or
				  jurisprudence;
(2) 3 hours in
				  communicable disease education which includes AIDS/HIV; and
(3) 18 hours in massage-related courses as
				  approved by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.05 - Continuing Education Requirements › Section 10.65.05.02 - Approval of Continuing Education Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall approve credit for the
				  following:
(1) Courses approved by the
				  National Certification Board for Therapeutic Massage and Bodywork
				  (NCBTMB);
(2) Courses offered by
				  Maryland schools accredited by the Maryland Higher Education Commission (MHEC);
				  or
(3) Courses determined by the
				  Board to meet professional standards and educational needs for certified
				  massage therapists and registered massage practitioners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.05 - Continuing Education Requirements › Section 10.65.05.03 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individuals
				  issued initial certification or registration within 12 months of the renewal
				  date are exempt from the continuing education requirements in Regulation .01 of
				  this chapter for the first renewal cycle.
B. Certificate or registration holders with
				  documented hardships, and seeking an exemption, waiver, or extension from the
				  continuing education requirements in Regulation .01 of this chapter, shall
				  petition the Board in writing at least 90 days before the renewal
				  date.
C. The Board shall review the
				  petition for an exemption, waiver, or extension and respond in writing to the
				  certificate or registration holder.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.05 - Continuing Education Requirements › Section 10.65.05.04 - Board Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  program or institution seeking Board approval shall submit the following in
				  writing at least 60 days before the starting date of the program or course:
(1) Title, location, and date of program or
				  course;
(2) If electronically
				  administered, website, database, or system used;
(3) Credit hours requested;
(4) Names and professional and educational
				  qualifications of instructors;
(5)
				  Name of attendance certifying officer and method of certification;
(6) Required texts or course books
				  used;
(7) Program or course
				  syllabus; and
(8) List of any
				  sponsor of the program or course.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.06 - Record Keeping › Section 10.65.06.01 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  license or registration holder shall keep all client files secure and
				  confidential in accordance with the provisions of the Health-General Article,
				  Title 4, Subtitle 3, Annotated Code of Maryland.
B. Client files are the property of the:
(1) License or registration holder when
				  working as a sole proprietor or independent contractor; or
(2) Practice owner if the practitioner is an
				  employee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.06 - Record Keeping › Section 10.65.06.02 - Maintenance and Release of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall approve credit for the
				  following:
(1) Courses approved by the
				  National Certification Board for Therapeutic Massage and Bodywork
				  (NCBTMB);
(2) Courses offered by
				  Maryland schools accredited by the Maryland Higher Education Commission (MHEC);
				  or
(3) Courses determined by the
				  Board to meet professional standards and educational needs for certified
				  massage therapists and registered massage practitioners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.07 - Fees › Section 10.65.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs licensees or those who are applying
					 for licensure or registration by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.07 - Fees › Section 10.65.07.02 - Fees for Massage Therapy Licensure and Registration

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board and are
					 non-refundable:
A. Application fee . .
				  . $150;
B. License fee . . .
				  $200;
C. State examination fee . .
				  . $275;
D. Reexamination fee . . .
				  $300;
E. Biennial renewal fee . . .
				  $250;
F. Conversion to license fee.
				  . .$100
G. Late renewal fee (within
				  30 days of certificate expiration, in addition to renewal fee) . . .
				  $200;
H. Reinstatement fee (after
				  31 days of expiration of license or registration, inclusive of a reinstatement
				  fee, renewal fee, and late fee) . . . $475;
I. Inactive renewal fee . . . $50;
J. Reactivation fee (inclusive of a reactivation fee
				  and renewal fee) . . . $350;
K.
				  Duplicate license or registration fee . . . $40;
L. Duplicate license or registration ordered
				  at renewal . . . $20;
M.
				  Verification fee . . . $50;
N.
				  Penalty for returned checks . . . $50;
O. Mailing labels or rosters . . .
				  $200;
P. Penalty for failure to
				  maintain correct name or address with the Board . . . $100;
Q. Continuing Education Course processing fee per
				  submission . . . $40;
R. Paper
				  copy of laws and regulations . . . $40.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.07 - Fees › Section 10.65.07.03 - Assessment for Health Care Professionals

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall pay at the time of license renewal a
					 fee for health care professionals, assessed by the Maryland Health Care
					 Commission (MHCC), as specified in COMAR 10.25.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.08 - Licensure and Registration Examination - Special Needs Applicants › Section 10.65.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the procedures to be followed by
					 examination applicants who have special needs because of a handicap or
					 religious convictions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.08 - Licensure and Registration Examination - Special Needs Applicants › Section 10.65.08.02 - Eligibility Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant with a disability may request modifications in examination materials
				  or procedures by making a written request to the Board that includes:
(1) The applicant's name;
(2) The date of the examination to be
				  modified;
(3) A letter from the
				  appropriate medical professional that:
(a)
				  Confirms the disability; and
(b)
				  Provides information describing the accommodations required; and
(4) A letter from the applicant's
				  education program, indicating what modifications, if any, were granted by the
				  program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall be used by the Board and the Maryland Office of Administrative Hearings
				  as a framework for imposing discipline.
B. The Board and the Maryland Office of
				  Administrative Hearings shall take into consideration a range of activity
				  within certain types of conduct rather than assigning particular sanctions to
				  each specific violation.
C. The
				  Board shall complete a worksheet for each complaint considered by the Board
				  that is not initially closed.
D.
				  The Board is aware that there may be conduct by a license holder or
				  registration holder that does not fall squarely within a particular guideline
				  contained in Regulation .06 of this chapter. In that event the Board will so
				  indicate on the worksheet and use its best judgment to determine the
				  appropriate sanction.
E. The Board
				  and the Maryland Office of Administrative Hearings shall make determinations
				  that maximize the protection of the public's health while maintaining the
				  rights of license holders and registration holders.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Maryland State Board of
				  Massage Therapy Examiners.
(2)
				  "Conditions" means requirements in a public or nonpublic order that a license
				  holder or registration holder is required to satisfy which include but are not
				  limited to:
(a) Treatment and counseling for
				  an emotional or physical illness;
(b) Submission to drug and alcohol
				  testing;
(c) Abstinence from
				  specified drugs;
(d) Abstinence
				  from alcohol;
(e) Remedial
				  training;
(f) Inspection;
(g) Monitoring;
(h) Evaluation;
(i) Supervision;
(j) Testing of clinical skills;
(k) Submission of written reports;
(I) A demonstration of knowledge or
				  competency;
(m) Limitation of
				  practice;
(n) Limitation on the
				  administration of specified drugs to patients;
(o) The provision of pro bono massage therapy
				  to the poor, elderly, or disabled;
(p) Obeyance of Maryland Massage Therapy Act,
				  federal, State, and local laws; and
(q) The payment of a civil penalty.
(3) "Conduct" means behavior or
				  action or a failure to behave or act that results in a violation of the
				  Maryland Massage Therapy Act or the regulations adopted by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall be used by the Board as a guide for sanctioning license holders and
				  registration holders in formal and informal actions and proceedings.
B. Except as provided in Regulation .05 of
				  this chapter, the Board shall impose a sanction not less severe than the
				  minimum listed in Regulation .06 of this chapter, nor more severe than the
				  maximum listed in Regulation .06 of this chapter.
C. When conduct results in multiple
				  violations of the Maryland Massage Therapy Act and the regulations adopted by
				  the Board, the Board shall consider sanctions that are greater than those
				  imposed for a single violation.
D.
				  This chapter does not apply to disciplinary matters reviewed by the Board that
				  are initially closed.
E. Unless
				  otherwise indicated, the period of a suspension may be stayed in whole or in
				  part.
F. A respondent placed on
				  suspension or probation shall have conditions attached to the suspension or
				  probation which focus on the conduct and steps needed to assure public
				  protection.
G. Consent orders
				  shall:
(1) Include an acknowledgement of the
				  violation or violations; and
(2)
				  Indicate that the respondent accepts personal responsibility for the
				  respondent's behavior.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.04 - Worksheet

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  complete a sanctions worksheet after considering each disciplinary
				  matter.
B. The sanctions worksheet
				  shall, at a minimum:
(1) Briefly summarize
				  the conduct that constituted the violation or violations meriting
				  action;
(2) Identify the severity
				  of the conduct;
(3) Describe other
				  factors that the Board considered in determining the recommended sanctions
				  imposed including but not limited to:
(a)
				  Aggravating factors as outlined in Regulation .05 of this chapter;
(b) Mitigating factors as outlined in
				  Regulation .05 of this chapter; and
(c) Prior disciplinary history; and
(4) Identify the recommended
				  sanctions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.05 - Aggravating and Mitigating Factors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sanctions in a particular case may fall
				  outside the range of the sanctioning guidelines established by the
				  Board.
B. If the sanctions imposed
				  by the Board fall outside the range of the sanctioning guidelines the Board
				  shall state its reasons on its worksheet.
C. Depending on the facts and circumstances
				  of each case, and to the extent that the facts and circumstances apply, the
				  Board may consider the following aggravating and mitigating factors in
				  determining whether the sanction in a particular case should fall outside the
				  range of the sanctioning guidelines:
(1)
				  Aggravating Factors:
(a) Previous criminal or
				  administrative discipline history;
(b) Whether the offense was committed
				  deliberately or with gross negligence or recklessness;
(c) Whether the offense has the potential
				  for, or caused, serious patient harm;
(d) Whether the offense was part of a pattern
				  of detrimental conduct;
(e) Whether
				  the respondent pursued the respondent's financial gain over the patient's
				  welfare;
(f) Whether the patient
				  was especially vulnerable;
(g)
				  Whether the respondent attempted to hide error or misconduct from patients or
				  others;
(h) Whether the respondent:
(i) Concealed, falsified, or destroyed
				  evidence; or
(ii) Presented false
				  testimony or evidence;
(i) Whether the respondent willfully and
				  without legal justification failed to cooperate with a lawful investigation
				  conducted by the Board; and
(j)
				  Whether previous attempts to rehabilitate the respondent were unsuccessful;
				  and