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). Mandated reporting There is controversy surrounding whether or not a massage therapist is a mandated reporter. Massage Therapy World, published an article in 2016 on this topic and provided the following information: In many U.S. states and Australia, mandated reporters are professionals who, in the ordinary course of their work and because they have regular contact with children, disabled persons, senior citizens, or other identified vulnerable populations, are required to report whenever financial, physical, sexual or other types of abuse have been observed or are suspected, or when there is evidence of neglect. The line, “In many U.S. states,” indicates it is not federal law for the massage therapy professional and mandated reporter requirements are not uniform throughout the U.S. The term “vulnerable populations” will also vary among states, but will always include children, senior citizens and adults with mental and physical impairments that make them vulnerable to abuse. Adults who require assistance for daily living and functional skills, whether living at home or in an assisted living facility may also be included in this definition. In some cases, able-bodied adults may be included even if they are temporarily living in a rehabilitation facility to recover from illness or injury, are hospitalized, medicated, or otherwise incapacitated. In many states, reporting abuse is considered a breach of the confidentiality rule, although some states allow reporting abuse because it is viewed as criminal activity and must be reported to protect clients. Other states may include the massage and bodywork professional in the category of healthcare provider so they would be considered mandated reporters. Abuse counselors and agencies caution practitioners to be careful because reporting abuse may put the victim in danger of further abuse. When abuse is reported, it may cause the perpetrator to act out, feeling they have nothing to lose since they will likely face prosecution. One therapist interviewed but not identified in the article provided the following insight: In the very few incidents where a client has admitted to being battered, my first response to them was to ask, “Do you need help? I can get you in touch with someone who can help you.” I am not trained or qualified to provide any meaningful help, but I can get the phone number of a women’s shelter in less than five minutes! Oftentimes, though, they do not want our help or interference. In that situation, I have to accept their decision, sad though it may be. There is no black or white answer to this, so it is important to contact the state licensing or certification board and professional organization to know the proper procedure. If the state requires the therapist to be a mandated reporter, they must report the abuse to the appropriate authority within twenty four hours of observing the abuse or face legal and professional sanctions.
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 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 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. The therapist has heard rumors that the client’s husband is involved in illegal activities and organized crime. The client begins to visit the massage clinic even when she does not have an appointment scheduled. Sometimes, she just reads the magazines and asks questions about massage. On appointment days, she arrives very early and lingers long after her session is over. She continues to increase the frequency of her appointments so that she receives two massages a week. The therapist senses that this is not a case of physical attraction and that the client she just wants someone to talk to. Analysis In this situation, it may be difficult for the therapist to avoid a breach of the client’s confidentiality, as she has not disclosed that she is either being physically or emotionally abused, regardless of appearances or hearsay. All information and matters relating to a client’s background, condition, and treatment are strictly confidential and should not be communicated to a third party without the client’s written consent or a court order. In this case, there is no method for obtaining a court order. If the therapist finds that he cannot in good conscience let the alleged abuse go undetected by the proper authorities, the therapist is left with one or both of the following options: either refer the client to a social worker, and/or terminate the therapeutic relationship. In giving the client a referral to a social worker, the therapist does not violate the client’s principle of autonomy, self-determination, which holds that individual persons have the right to make their own choices. If the client wants to seek support for abuse, she may do so of her own volition. In giving the client the referral, the therapist does not violate any professional boundaries, since he is remaining within his scope of practice. But the therapist may also choose to terminate the therapeutic relationship because the relationship with the client has become dysfunctional in terms of an effective therapeutic relationship. The obstacle for the therapist should be relayed to the client as early as possible so that the client is not surprised by any unexpected pronouncement that the therapeutic relationship will come to an end.
EliteLearning.com/Massage-Therapy
Book Code: MTX1325
Page 46
Powered by FlippingBook