Can I operate my massage therapy practice out of my home? Check the local municipal jurisdiction, zoning office, state regulations of practice along with specific rules of the building or association. The key is the protection of the residential character of the home or apartment. Local zoning ordinances regarding traffic and parking must be considered. Before starting, take a trip down to city hall and ask the appropriate questions such as the need for permits, licenses, or health permits or requirements needed to conduct business. Is my massage license portable, meaning that I can move from state to state without requalification? The license to practice is state-given so license issued allows practice in a particular state. Some states do have special provisions recognizing the fact that an individual moves into the jurisdiction holding a current license from another jurisdiction. In this case, special provisions apply to the individual, though they must still follow the requirements to qualify and get a new license. There simply is no national, universally recognized licensing or certification program that provides for individuals to move from one state to another and have a license recognized. When preparing to move, understand that a new license or certification will be needed for that state, and there may be other legal requirements to practice.
What is a non-compete clause? When a practitioner work for another massage therapist or is employed by a practice or spa as an employee, they may be asked to sign a non-compete agreement or a non-compete clause may be a standard part of an employment contract. These clauses prohibit an employee from competing against their employer for a specified length of time and in a specific, limited geographical area. Reasonable terms might include a time frame of as three years or less and a geographic area that is small and specific, like a town or city. The non-compete clause may vary according to the state of licensure or certification. California, for example, does not allow non-compete agreements at all. Also, today’s tough economy may cause courts to look closely at contract provisions that are overreaching, unfair or prevent the practitioner from earning a living. What should I know about contracts? The answer to this is fairly easy: find a good local lawyer to advise before signing any important contract, including leases, purchase contracts and employment. Practitioners need to understand the parties involved, the terms, all information and what kinds of penalties exist in case of breach. Unfortunately, wading through this information alone without legal counsel can be overwhelming, and erring on the side of caution can save time and money in the end. Case study 1 A massage therapist and client have had a professional relationship for five months. During this time, the client has received a massage once per month. There has not been any inappropriate activity during this time, and there has not been any non-professional contact outside of the massage sessions. Lately, however, the client has been scheduling weekly massages. Moreover, the appointments have been at the home of the client, and the conversations during a massage appointment have typically been personal in nature, often speaking freely. Although it is unspoken, both the client and the therapist believe they would make great partners socially. The client has been physically attracted to the therapist since their first appointment, and the therapist has become increasingly attracted to the client as well. The client is aware that the therapist is also “getting over” the recent dissolution of a long-term relationship and has few social outlets. During the massage, the client occasionally makes sounds that signify pleasure and possibly even sexual arousal. The therapist finds the feedback flattering and puts extra effort into making the massage an increasingly sensual experience for the client. Analysis This case potentially violates several areas of ethical concern. The first is an abuse of the power wielded by the massage therapist in the therapeutic relationship. Having forged a close relationship with the client, the therapist has allowed an emotional response to escalate into a physical one, and allowed a small impropriety on the part of the client to escalate into misconduct on the part of both parties. The therapist has crossed the boundary of Case study 2 A massage therapist has a private massage therapy practice in a small town. The therapist works at a clinic located in the center of town where five therapists share office space. One of the therapist’s clients is an unemployed housewife. Her initial intake form notes that she rarely leaves the house, and that she arrived late because she got lost on the way to the clinic. Since then, she has been a punctual client for
CASE STUDIES: ETHICAL ISSUES IN PRACTICE
self-disclosure since the client knows of the dissolution of a relationship and engages in personal conversations during therapy. Whether intentionally or unintentionally, the client’s transference has tested the boundaries of the professional relationship, leading to counter transference on part of the therapist. Although transference and counter transference can generally be neither negative nor positive, the risk of raising unrealistic expectations on the part of client or practitioner in this situation is high. Ultimately, the therapist is responsible for maintaining the therapeutic relationship and as such, is required to maintain boundaries that do not compromise professional judgment and objectivity. This case is also a clear example of an ethical violation of sexual misconduct, as the therapist intentionally seeks to gain the client’s approval in a manner that is not within the therapist’s scope of practice. In this situation, the therapist may want to consider how a potentially negative end to any personal relationship with this client may adversely affect the massage business in the future, both legally and in the court of public opinion. The therapist should seek assistance from colleagues, supervisors, and possibly legal counsel, to end this relationship and resolve conflicts that will result. In addition to violating NCBTMB Standard VI to prevent sexual misconduct, the basis of Standard II, Legal and Ethical Practice states that the professional will: ● Refrain from any behavior that results in illegal, discriminatory, or unethical actions. ● Accept responsibility for his/her own actions (NCBTMB, 2009). several months. Recently, though, she has been arriving to her appointments with bruises on her back and shoulders. Today, she arrived early with a bruise over her eye, which was covered with make-up. When asked about the bruises, the client said that she “fell down.” Although the client has not mentioned anything personal to the therapist, he gets the sense that she is being physically and verbally abused.
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