Ala. Admin. Code r. 532-X-4-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 532-X-4-.06 - [Effective until 1/7/2025] Code of Ethics for Licensed Massage Therapy Establishments

(1) The license massage therapy facility must comply with all legal requirements in the applicable jurisdictions and meet the established code of ethics include in this chapter. Violations of the code of ethics may result in disciplinary action. A licensed massage therapy establishment shall:

(a) Have a sincere commitment to provide the highest quality of care in the furtherance of public protection to those who seek professional services and provide a physical setting that is safe and meets all applicable legal requirements for health and safety.

(b) Maintain required liability insurance and honestly represent all professional qualifications and affiliations.

(c) Disclose a schedule of fees in advance of the session.

(d) Make financial arrangements in advance which are clearly understood by, and safeguard the best interests of, the client or consumer.

(e) Follow Generally Accepted Accounting Principles and file all applicable municipal, state, and federal taxes.

(f) Maintain accurate financial records, contracts and legal obligations, appointment records, tax reports, and receipts, adhering to any state or federal laws.

(g) Respect the client's right to be treated with informed and voluntary consent. The licensed massage therapist and establishment shall ensure that consent is obtained and record the informed consent of the client, or client's advocate, before providing treatment.

(h) Respect the client's right to refuse, modify, or terminate treatment, regardless of prior consent given.

(i) Keep accurate and complete records on all employees working at the facility and be able to provide those records when requested.

(j) Accurately and truthfully represent the qualifications of all massage therapists who work at the facility, including education and professional affiliations, and ensure that they provide only those services they are qualified to perform.

(k) Accurately inform clients, other health care practitioners, and the public of the scope and limitations of their discipline. Acknowledge the limitations of and contraindications for massage and bodywork and refer clients to appropriate health professionals as applicable.

(l) Conduct their business and professional activities with honesty, integrity, and respect the inherent worth of all persons. Maintain adequate client records for each client session.

(m) Advertise in a manner that is honest, dignified, accurate, and representative of services provided and remain consistent with applicable local, state, and federal laws, as well as national standards of practice.

(n) Promote his/her business with integrity and avoid potential and actual conflicts of interest.

(o) Advertise in a manner that is not misleading to the public.

(p) Comply with all laws regarding sexual harassment, human trafficking, and the practice of massage therapy, and does not discriminate against clients and/or health professionals.

(q) Safeguard the confidentiality of the client's identity and information in all conversations, advertisements, and all other matters, unless disclosure of identifiable information is requested by the client in writing, is medically necessary, or is required by law.

(r) Be accountable and responsible to not exploit the trust and dependency of others, including clients, employees, independent contractors, and coworkers.

(s) Ensure that massage therapist(s) working in the establishment are appropriately draping and providing treatment in a way that ensures the safety, comfort, and privacy of the client or the profession.

(t) Exercise the right to refuse to treat any person or part of the body for a just and reasonable cause.

(u) Avoid any interest, activity, or influence which might conflict with the practitioner's obligation to act in the best interests of the client or the profession.

(v) Respect the client's boundaries regarding privacy, disclosure, exposure, emotional expression, beliefs, as well as the client's reasonable expectations of professional behavior.

(w) Refuse any gifts or benefits that are intended to influence a referral, decision, or treatment, or that are purely for personal gain and not for the good of the client.

(x) Cause the massage therapist(s) who are working in the establishment to be fully clothed and to wear professional attire while providing massage therapy services.

(y) Monitor and prevent non-licensed person(s) from providing massage therapy services in the establishment.

(z) Immediately report any concerns about an unlicensed, illegal, or unreputable establishment to the board.

(aa) Document all massage therapy appointments, whether the appointments are provided at the licensed massage therapy establishment or are out-call or onsite appointments.

1. Appointments shall be documented prior to commencement of the massage therapy services.

2. There shall be no undocumented massage therapy appointments.

3. Documentation of appointments shall be maintained on the premises of the licensed massage therapy establishment and available for inspection.

4. Documentation shall include the name of the client(s) who will receive massage therapy services at the appointment, the name of the licensed massage therapist(s) performing the massage therapy services, the location at which the massage therapy services will occur, the type and duration of the massage therapy services to be performed, and the date and time at which the massage therapy services will occur.

5. Maintain current and post appointment calendar records on site for a minimum of three (3) years.

Ala. Admin. Code r. 532-X-4-.06

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 109 days, 1/7/2025 (Emergency).

Author: Alabama Massage Therapy Licensing Board

Statutory Authority:Code of Ala. 1975, § 34-43A-6.