13:37A-3.6 CHANGE IN ADDRESS OF RECORD OR NAME a) A licensee shall notify the Board in writing within 30 days of changes to: 1. The licensee’s address of record. Service to the address of record registered with the Board shall constitute effective notice pursuant to N.J.A.C. 13:45-3.2; or 2. The licensee’s legal name. Notification of a name change shall include a copy of the marriage license or a court order which authorized the legal name change. 13:37A-3.7 PATIENT ACKNOWLEDGEMENT Prior to providing an initial service to a client, a licensee shall have the client read and sign a patient acknowledgement form which includes the following statement: “Massage and bodywork therapy practices are designed to promote and maintain the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability. If I experience any pain or discomfort during this session, I will immediately inform the therapist so that the pressure and/or manipulations may be adjusted to my level of comfort. Because massage and bodywork therapy may be contraindicated due to certain medical conditions, I affirm that I have informed the therapist of all my known medical conditions and will keep the therapist updated as to any changes in my medical condition.” 13:37A-3.8 REPORTING OF MISCONDUCT a) A licensee shall report to the Board any incident or series of incidents that the licensee, in good faith, believes is in violation of the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq., N.J.S.A. 45:1-14 et seq., N.J.A.C. 13:45C, or this chapter. b) Pursuant to N.J.A.C. 13:45E-3.2, a licensee who is in possession of information that reasonably indicates that another licensee or other health care professional has demonstrated an impairment, gross incompetence, or unprofessional conduct that would present an imminent danger to an individual or to the public health, safety, or welfare shall file a report with the Division of Consumer Affairs Health Care Professional Information Clearing House Coordinator and the Board. 13:37A-3.9 DUTY TO REPORT a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. ○ “Conviction” means a judgment of conviction entered following plea agreement or trial on an arrest, indictment, accusation, or bill of particulars in a state or Federal criminal proceeding, or the resolution of such charges, whether by a plea of no contest or nolo contendere or by pre-trial diversion program. ○ “Disciplinary order” means a disposition suspending or revoking licensure privileges or imposing civil penalties or ordering the restoration of money or ordering corrective action or medical or other professional treatment or monitoring, or censuring or reprimanding a licensee. ○ “Licensing authority” means any professional or occupational licensing board charged with granting, suspending, or revoking licensure or certification privileges.
○ “Sexual harassment” means solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, which occurs in connection with a licensee's activities or role as a provider of massage and bodywork therapy services that is unwelcome or offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. “Sexual harassment” may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a client, coworker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee. ○ “Spouse” means the husband, wife or fiancee of the licensee or an individual involved in a long term committed relationship with the licensee. For purposes of the definition of “spouse,” a long term committed relationship means a relationship which is at least six months in duration. c) A licensee shall not engage in sexual contact with a client with whom he or she has a client therapist relationship. The client therapist relationship is ongoing for purposes of this section, unless more than three months has elapsed since the last massage and bodywork therapy was rendered. d) A licensee shall not seek or solicit sexual contact with a client with whom he or she has a client therapist relationship and shall not seek or solicit sexual contact with any person in exchange for professional services. e) A licensee shall not engage in any discussion of an intimate sexual nature with a person with whom the licensee has a client-therapist relationship, unless that discussion is directly related to a proper massage and bodywork therapy purpose. Such discussion shall not include disclosure by the licensee of his or her own sexual relationships. f) A licensee shall provide privacy and therapy conditions which prevent the exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect client privacy. g) A licensee shall not engage in sexual harassment either within or outside of the professional setting. h) A licensee shall not engage in any other activity that would lead a reasonable person to believe that the activity serves the licensee’s personal prurient interests or which is for the sexual arousal, or sexual gratification, of the licensee or client or which constitutes an act of sexual abuse. i) Violation of any of the prohibitions or directives set forth in (c) through (h) above shall constitute professional misconduct pursuant to N.J.S.A. 45:1 21(e). j) Nothing in this section shall be construed to prevent a licensee from rendering massage or bodywork therapy to a spouse, providing that the rendering of such massage or bodywork therapy is consistent with accepted standards of massage or bodywork therapy and that the performance of therapy is not utilized to exploit the spouse for the sexual arousal or sexual gratification of the licensee. k) It shall not be a defense to any action under this section that: 1. The client solicited or consented to sexual contact with the licensee; or 2. The licensee is in love with or held affection for the client
EliteLearning.com/Massage-Therapy
Book Code: MNJ0626
Page 30
Powered by FlippingBook