W. Va. Code R. § 194-1-4

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 194-1-4 - Standards Relating to the Practice of Massage Therapy; Professional Misconduct

4.1. The licensee shall know the statutes and rules governing massage therapy and function within the legal boundaries of the massage therapy practice. The Board may suspend, revoke, or otherwise discipline a licensee who violates any provision of W. Va. Code § 30-37-1, et seq., and this rule, or who is guilty of professional misconduct. A licensee shall:

4.1.a. Maintain documentation of compliance with all applicable state or local government rules;

4.1.b. Conduct massage therapy only in rooms which are adequately lighted and ventilated, and which are kept clean. Restroom facilities with a toilet, sink with hot and cold running water, soap, and clean towels and adequate toilet tissue must be available;

4.1.c. Maintain a reasonable effort for sanitation for temporary locations such as athletic events or public service fund raisers in temporary venues;

4.1.d. Maintain all equipment and supplies used to perform massage services in a safe and sanitary condition. Lotions, creams, and oils shall be kept free of possible bacterial contamination;

4.1.e. Wash his or her hands in hot, soapy water or other antibacterial substance before and after each massage therapy treatment;

4.1.f. Launder, before reuse, all materials furnished for the personal use of the massage therapy client, such as towels, linens and any draping materials;

4.1.g. Before proceeding with the massage of a client, explain expected draping techniques and provide the client a clean drape or drapes for the purpose of covering the body in accordance with generally-accepted standards of practice;

4.1.h. Before proceeding with breast massage therapy, the client shall provide a written medical directive to the massage therapist in advance of performing breast massage therapy. The medical directive shall be included in the client file. The massage therapist shall also obtain informed, written consent prior to performing breast massage. A breast massage shall only be performed as indicated in the medical directive prescribed by a medical doctor, doctor of osteopathy, physician assistant, or an advanced practice registered nurse and also indicated in a plan of care. Failure to comply with this subdivision constitutes grounds for revocation of license;

4.1.i. Obtain instruction and supervision as necessary when implementing massage therapy techniques or practices;

4.1.j. Report any unsafe massage therapy practice and/or violation of law by other licensees to the Board and recognized legal authorities;

4.1.k. Conduct practice without discrimination on the basis of age, race, religion, gender, sexual preference, socio-economic status, national origin, handicap, or disease;

4.1.l. Respect the dignity and rights of clients regardless of social or economic status, personal attributes, or nature of the client's health problems;

4.1.m. Respect the client's right to privacy by protecting confidential information unless obligated by law to disclose the information;

4.1.n. Obtain voluntary and informed consent from the client prior to initiating the massage therapy session;

4.1.o. Be knowledgeable of his or her competent scope of practice and practice only within these limitations;

4.1.p. Refer to other professionals when in the best interest of the client and/or practitioner;

4.1.q. Maintain accurate and truthful records;

4.1.r. Maintain client files for a minimum period of four years, and store and dispose of client files in a secure manner;

4.1.s. Refrain from engaging in any sexual activity with a client;

4.1.t. Refrain from massaging, touching or otherwise exposing the genitalia of the client; and

4.1.u. Refrain from practicing massage therapy while under the influence of alcohol, drugs, or any illegal substances.

4.2. A licensee shall acknowledge and sign an agreement to uphold the Code of Ethics adopted by the National Certification Board for Therapeutic Massage and Bodywork, and comply with the Standards of Practice promulgated by the National Certification Board for Therapeutic Massage and Bodywork.

4.3. Conduct including, but not limited to, the following constitutes professional misconduct where the licensee:

4.3.a. Failed to adhere to common and current standards for professional massage therapy practice, including but not limited to standards established by a national massage therapy organization, or the Board;

4.3.b. Knowingly committed an act which could adversely affect the physical or psychological welfare of a client;

4.3.c. Practiced or offered to practice beyond the scope permitted by law or accepted and performed professional responsibilities that the licensee knows or has reason to know that he or she is not licensed, qualified, or competent to perform;

4.3.d. Impersonated another licensed practitioner;

4.3.e. Permitted another person to use the licensee's license for any purpose;

4.3.f. Permitted, aided, or abetted an unlicensed, uncertified, or unregistered person to perform activities requiring a license, certificate, or registration;

4.3.g. Delegated professional responsibilities to a person when the licensee delegating the responsibilities knows or has reason to know that person is not qualified by training, experience or licensure to perform them;

4.3.h. Practiced massage therapy while his or her license is suspended, lapsed, or inactive;

4.3.i. Failed to comply with terms and conditions imposed by the Board based upon previous disciplinary action of the Board;

4.3.j. Practiced massage therapy while his or her ability to safely and effectively practice is compromised by alcohol or drugs;

4.3.k. Is addicted to a controlled substance, or is a chronic or persistent alcoholic;

4.3.l. Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or any member of the public; thus, not exercising good professional character;

4.3.m. Practiced massage therapy while his or her ability to safely and effectively practice was compromised by physical or mental disability;

4.3.n. Provided false or incorrect information to an employer or potential employer regarding the status of a license, or failed to inform an employer or potential employer of a change in the status of a license;

4.3.o. Knowingly falsified an application for employment;

4.3.p. Knowingly provided false information regarding completion of educational programs;

4.3.q. Falsified client records;

4.3.r. Knowingly made or filed a false report;

4.3.s. Knowingly or negligently failed to file a report or record required by state or federal law;

4.3.t. Willfully impeded or obstructed the filing of a report or record required by state or federal law;

4.3.u. Induced another person to file a false report or obstructed the filing of a report required by state or federal law;

4.3.v. Failed to report to the Board within thirty (30) days, knowledge of a violation by a licensee of W. Va. Code § 30-37-1 et seq., this rule, any other applicable state law or rule or any applicable federal law or regulation;

4.3.w. Failed to report through proper channels a violation of any applicable state law or rule, any applicable federal law or regulation or the incompetent, unethical, illegal, or impaired practice of another person who provided health care;

4.3.x. Impeded or obstructed an investigation by the Board by failing to comply or respond to requests for action or information, whether the failure was known or negligent;

4.3.y. Violated any provision of W. Va. Code § 30-37-1 et seq., or rules governing the practice of massage therapy, or order of the Board, or failed to comply with a subpoena or subpoena duces tecum issued by the Board;

4.3.z. Failed to register or notify the Board of any changes of name or mailing address;

4.3.aa. Failed to accept certified mail from the Board, when mailed to the licensee's last address on record in the Board's office;

4.3.bb. Provided false information on any application, or any other document submitted to the Board for the purpose of licensure;

4.3.cc. Misappropriated medications, supplies, or personal items of a client or employer;

4.3.dd. Self-administered or otherwise took into his or her body any prescription drug in any way not in accordance with a legal, valid prescription or used any illicit drug;

4.3.ee. Physically or verbally abused, or failed to provide adequate protection or safety for an incapacitated individual in the context of a therapist/client relationship;

4.3.ff. Used the therapist-patient/client relationship to exploit a patient or client;

4.3.gg. Engaged a patient or client in sexual activity or became romantically involved with a patient or client while still responsible for the care of that patient or client;

4.3.hh. Failed to maintain appropriate professional boundaries in the therapist-patient/client relationship;

4.3.ii. Failed to report that his or her license to practice massage therapy in any other state, territory, jurisdiction or foreign nation was revoked, suspended, restricted or limited, or otherwise acted against, that he or she was subjected to any other disciplinary action by the licensing authority, or that he or she was denied licensure in any other state, territory, jurisdiction, or foreign nation; or

4.3.jj. Was found guilty for improper professional practice or professional misconduct by a duly authorized professional disciplinary agency or licensing or certifying body or Board in this or another state or territory, where the conduct upon which the finding was based would, if committed in this state, constitute professional misconduct under the laws of this state, may serve as a basis for disciplinary action by this Board.

W. Va. Code R. § 194-1-4