b. Refrain from any behavior that results in illegal, discriminatory, or unethical actions. c. Accept responsibility for his/her own actions. d. Report to the proper authorities, any alleged violations of the law by other certificants or applicants for certification. e. Maintain accurate and truthful records. f. Report to the NCBTMB, any criminal conviction of, plea of guilty to, or nolo contendere, i.e., “no contest to”, a crime in any jurisdiction (other than a minor traffic offense) by an individual or by other certificants or applicants for certification. g. Report to the NCBTMB, any pending litigation and resulting resolution related to the certificant or applicant for certification’s professional practice, and the professional practice of other certificants or applicants for certification. h. Report to the NCBTMB any pending complaints in any state or local government or quasi-government board or agency against his/her professional conduct or competence, or that of another certificant, and the resulting resolution of such complaint. i. Respect existing publishing rights and copyright laws, including, but not limited to, those that apply to the NCBTMB’s copyright-protected examinations. Standard III: Confidentiality. The certificant or applicant for certification shall respect the confidentiality of client information and safeguard all records and shall: a. Protect the confidentiality of the client’s identity in all conversations, all advertisements, and any and all other matters, unless disclosure of identifiable information is requested by the client in writing, is medically necessary, is required by law, or is intended for purposes of public protection. b. Protect the interests of clients who are minors or clients who are unable to give voluntary and informed consent by securing permission from an appropriate third party or guardian. c. Solicit only information that is relevant to the professional client/therapist relationship. d. Share pertinent information about the client with third parties when required by law or for purposes of public protection. e. Maintain the client files for a minimum period of four years. f. Store and dispose of client files in a secure manner. Standard IV: Business Practices. The certificant or applicant for certification shall practice with honesty, integrity, and lawfulness in the business of therapeutic massage and bodywork and shall: a. Provide a physical setting that is safe and meets all applicable legal requirements for health and safety. b. Maintain adequate and customary liability insurance. c. Maintain adequate progress notes for each client session, if applicable. d. Accurately and truthfully inform the public of services provided. e. Honestly represent all professional qualifications and affiliations. f. Promote his/her business with integrity and avoid potential and actual conflicts of interest. g. Advertise in a manner that is honest, dignified, accurate and representative of services that can be delivered while remaining consistent with the NCBTMB Code of Ethics and Standards of Practice. h. Advertise in a manner that is not misleading to the public and does not use sensational, sexual, or provocative language and/or pictures to promote business. i. Comply with all laws regarding sexual harassment. j. Not exploit the trust and dependency of others, including clients and employees/coworkers.
k. Display or discuss a schedule of fees in advance of the session if these are clearly understood by the client or potential client. l. Make financial arrangements in advance that are clearly understood by and safeguard the best interests of the client or consumer. m. Follow acceptable accounting practices. n. File all applicable municipal, state and federal taxes. o. Maintain accurate financial records, contracts and legal obligations, appointment records, tax reports and receipts for at least four years. Standard V: Roles and Boundaries. The certificant or applicant for certification shall adhere to ethical boundaries and perform the professional roles designed to protect both the client and the practitioner, and safeguard the therapeutic value of the relationship and shall: a. Recognize his/her personal limitations and practice only within these limitations. b. Recognize his/her influential position with the client and not exploit the relationship for personal or other gain. c. Recognize and limit the impact of transference and counter- transference between the client and the certificant. d. Avoid dual or multidimensional relationships that could impair professional judgment or result in exploitation of the client or employees and/or coworkers. e. Not engage in any sexual activity with a client. f. Acknowledge and respect the client’s freedom of choice in the therapeutic session. g. Respect the client’s right to refuse the therapeutic session or any part of the therapeutic session. h. Refrain from practicing under the influence of alcohol, drugs, or any illegal substances. i. Have the right to refuse and/or terminate the service to a client who is abusive or under the influence of alcohol, drugs, or any illegal substance. Standard VI: Prevention of Sexual Misconduct. The certificant or applicant for certification shall refrain from any behavior that sexualizes, or appears to sexualize, the client/ therapist relationship. They must recognize the intimacy of the therapeutic relationship may activate practitioner and/or client needs and/or desires that weaken objectivity and may lead to sexualizing the therapeutic relationship. The professional shall: a. Refrain from participating in a sexual relationship or sexual conduct with the client, whether consensual or otherwise, from the beginning of the client/therapist relationship and for a minimum of six months after the termination of the client/ therapist relationship unless a pre-existing relationship exists prior to the certificant or applicant for certification applying to be certified by NCBTMB. b. In the event that the client initiates sexual behavior, clarify the purpose of the therapeutic session, and, if such conduct does not cease, terminate or refuse the session. c. Recognize that sexual activity with clients, students, employees, supervisors, or trainees is prohibited, even if is consensual. d. Not touch the genitalia. e. Only perform therapeutic treatments beyond the normal narrowing of the ear canal and normal narrowing of the nasal passages as indicated in the plan of care, and only after receiving informed, voluntary, written consent. f. Only perform therapeutic treatments in the oropharynx as indicated in the plan of care and only after receiving informed, voluntary consent. g. Only provide therapeutic breast massage as indicated in the plan of care and only after receiving informed, voluntary, written consent from the client (NCBTMB, 2009).
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