MISCONDUCT
Harassment Harassment is a specific kind of misconduct or boundary violation in which an individual of equal or greater authority is inappropriately familiar with a coworker or junior employee. Harassment can manifest itself in abusive remarks or behavior, belittling statements and actions, and discussion or commentary of an overly personal or offensive nature. Sexual harassment is abuse of power, often exercised within the context of employment, containing a sexual or gender-specific component (U.S. EEOC, n.d.). The Equal Employment Opportunity Commission defines sexual harassment as any unwelcome advance, request, verbal statement, or physical conduct of a sexual nature, including visual displays, in which any of the following occurred (U.S. EEOC, n.d.). The therapist was: • Repeatedly asked out on a date by a manager, co- worker, or client after the invitation was initially declined • Propositioned to have sex with a manager, coworker, or client • Propositioned to have sex with a manager, coworker, or client as a condition of employment or in order to receive promotions or other awards • Continually touched on the body by a manager, coworker, or client after they were asked not to • Touched on or near the genitals, buttocks, or breasts by a manager, coworker, or client • Instructed to massage a manager, coworker, or client that the massage therapist has declined to provide therapy for (due to sexual harassment) as a condition of employment or in order to receive promotions or other awards • Instructed to massage a manager, coworker, or client in a specific manner so as to elicit a sexual response • Harassed, intimidated, or offended by the ongoing sexually explicit language of their managers, coworkers, or clients (language that either references the massage therapist directly or is explicit in nature within the massage therapist’s vicinity but is not directed toward them) • Asked to undrape the genitals, buttocks, or breasts during a massage or expose themselves to clients or patients who undrape themselves in a manner that is in violation of local and state laws Sexual harassment, like sexual misconduct, is not defined by any specific sexual interaction between two individuals. Harassment may include the discussion of sexually explicit topics at a place of business, unnecessary or inappropriate references to specific body parts or functions, and visual depictions of a provocative or offensive nature, such as posters or calendars featuring photos of nude or scantily clad models. Sexual harassment can occur between men and women, women and women, men and men, or any other combination of sexual or gender identity. Sexual harassment may feel humiliating or shameful, making the victim reluctant to report the incident (U.S. EEOC, n.d.). Of course, the best option is to prevent sexual harassment from ever escalating to the point that ethical concerns are raised. Practitioners can combat sexual harassment in any number of ways; one of the easiest methods is to educate clients. As massage therapy becomes more readily accepted as a legitimate form of healthcare, today’s massage professional should be referred to as a “massage therapist” and not a “masseuse” (female) or “masseur” (male), as these terms carry with them sexual connotations. It requires little effort for practitioners to correct a client when they make this mistake in terminology, and it lets a client know
Misconduct has been a persistent and troubling issue in healthcare and medical professions since the early days of modern medicine. In recent years, accusations of misconduct in the healthcare and personal service industries have become increasingly common, due in part to formal regulation of the complaint process and greater awareness of the issue among the general public (NCBTMB, 2017b). Misconduct takes many different forms that vary considerably in type and degree of severity. The following examples of misconduct demonstrate the need for ethical vigilance in every aspect of business practice, from organizational matters, to billing, to social interactions. Even in cases where inappropriate behaviors are the unintended result of thoughtlessness, errors in judgment, or improper planning, they risk potentially serious repercussions for the client and heavy penalties for the practitioner. Victims may face emotional and physical scarring with lifelong implications, and allegations of misconduct—even false ones—wreak havoc with practitioners’ lives and livelihoods. Misconduct takes many forms. The following list provides some examples of each type of misconduct: • Misrepresentation of educational status : Identifying oneself as a craniosacral therapist after taking a two-hour course • Substance abuse : Practicing under the influence of alcohol, drugs, or any illegal substances (with the exception of prescribed dosage of prescription medication that does not significantly impair the practitioner) • Financial impropriety : Charging a cash-paying client a different fee than a client paying with a credit card • Exploiting the power differential : Asking a stockbroker for financial tips during a treatment • Misleading claims of curative abilities : Guaranteeing a client that their pain will be gone in two sessions • Accessibility : Refusing to adapt the office (or making some reasonable accommodation) for those with physical challenges • Bigotry : Refusing to work with someone due to race, religion, size, or sexual orientation • Inappropriate advertising : Using a provocative picture in advertising; presenting misleading qualifications • Dual relationships : Dating a client • Violation of laws : Practicing out of one’s home when it is not permitted by law • Confidentiality : Name-dropping famous clients; telling a spouse details about their partner’s session • Contraindications : Treating a client while sick or infectious; ignoring signs of conditions that preclude physical contact • Informed consent : Working on a minor without parental knowledge; treating someone’s injury without permission • Practicing beyond scope of practice : Doing spinal adjustments, massage, or counseling without appropriate training. • Sexual misconduct : Watching a client undress or hugging a client in a sexual way Self-Assessment Quiz Question #4 Which of the following is a form of misconduct for a massage therapist? a. Using a client’s preferred pronouns b. Informing a client a technique is outside of their scope of practice c. Taking prescription drugs before attending to a client d. Using a provocative picture in advertising
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Book Code: MMD0926
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