MTAC
INTERPRETS MASSAGE THERAPY
REGULATIONS
Questions come frequently to the Board and MTAC concerning issues of professional ethics, moral turpitude, and sexual misconduct. Also, numerous cases have been opened in which a massage therapist has been allegedly involved in improper or illegal conduct. The Board has subsequently conducted many hearings to decide whether these massage therapists have violated Maryland laws or regulations pertaining to these issues.
Maryland statutes and regulations clearly define which behaviors are not appropriate for a massage therapist to be engaged in with his/her clients. Every practicing massage therapist is responsible for following the laws and regulations, so let’s take a look at what the law says. .
In Subtitle 5A (Certification of Massage Therapists), Maryland Statute clearly states that the Board may suspend or revoke the certificate of a CMT or the registration of an RMP who engages in conduct that violates the professional code of ethics (3-5A-09.20), or knowingly does an act that has been determined by the Board to be a violation of the Board’s regulations (3-5A-09.21).
With these statements from Maryland law as our foundation, let’s look at some specific regulations governing massage therapists. Chapter 18 (Subtitle43) specifically deals with the Massage Therapy Code of Ethics. Under the section titled, “Standards of Practice” it states: “A certificate holder (CMT) or registration holder (RMP) may not knowingly engage in or condone behavior that involves moral turpitude.”
The section of the code of ethics that deals with professional boundaries says that a CMT or an RMP may not engage in a sexually intimate act with a client or engage in sexual misconduct that includes, but is not limited to: therapeutic deception, non bona fide treatment, or a sexually exploitative relationship.
Under the section titled “Definitions” non bona fide treatment means when a CMT or an RMP 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 or non-therapeutic massage practices.
A specific question regarding the use of "table showers" has arisen several times. The Massage Therapy Advisory Committee believes that the existing laws and regulations provide sufficient means to take action against the use of table showers as a ruse for illegitimate activities. When used for
illegitimate purposes, table showers in all or nearly all circumstances involve contact with the genitals. Additionally, under legitimate conditions a client would normally wear a bathing suit during a table shower.
The laws and regulations of Maryland that pertain to the practice of massage therapy are very clear about our code of ethics, professional boundaries, and the actions that may be taken against any certificate or registration holder who violates these regulations. The reputation of our profession depends on you practicing massage therapy in such a way as to uphold the law, and provide what is best for your clients.