MD Massage Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Massage therapy definition

The therapeutic manipulation of soft tissue by stroking, kneading, friction, vibration, percussion, and compression, with or without lubricant, for purposes of improving health and well-being.

Scope exclusion: diagnosis

Massage therapists assess soft tissue but may not diagnose disease, prescribe medication, or perform acts reserved by law to physicians, chiropractors, or physical therapists.

Prohibited: spinal manipulation

Spinal adjustment or manipulation is outside the massage therapy definition and prohibited for licensees, even when a client requests it or another practitioner performs it nearby.

Unlicensed practice

Practicing massage therapy, or holding oneself out as a licensed massage therapist, without a valid Maryland license is a prohibited act subject to civil and criminal penalties.

Delegation limits

A licensee may not delegate treatment to unlicensed assistants; aides may perform only non-treatment tasks such as reception, laundry, and room turnover.

Minimum age and education

Applicants must be at least 18 years old, of good moral character, hold a high school diploma or equivalent, and complete an approved program of at least 500 hours.

Approved competency examination

Applicants must pass a Board-approved examination, typically the MBLEx, and arrange for the official score report to be sent directly to the Board.

Application documentation

A complete application includes the form, official transcripts showing education hours, exam scores, the required fee, and criminal history information including fingerprints if required.

Licensure by reciprocity

An applicant licensed in another jurisdiction with substantially equivalent requirements may qualify, subject to Board review and verification that the out-of-state license is in good standing.

Denial grounds at application

The Board may deny a license for prior criminal convictions, fraud or misrepresentation in the application, or disciplinary action against a license held in another state.

Board composition

The Board is appointed by the Governor and includes licensed massage therapists, consumer members, and at least one physician or health professional member as statute provides.

Board investigative authority

The Board may issue subpoenas for records and testimony, administer oaths, and compel witness attendance while investigating complaints against licensees or unlicensed practitioners.

Conflict of interest recusal

A Board member must recuse from any matter involving a competitor, business associate, or personal acquaintance so that decisions remain impartial and defensible on appeal.

Injunctive relief

The Board may ask a court to enjoin unlicensed practice and may refer criminal violations to the appropriate State's Attorney for prosecution.

Fraudulent licensure

Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of a material fact is a ground for discipline and for denial of licensure.

Practicing while impaired

Practicing massage therapy while impaired by alcohol, drugs, or a physical or mental condition that affects competence is a ground for discipline, including emergency suspension.

Emergency suspension

The Board may suspend a license immediately when public health, safety, or welfare requires it, with a hearing provided afterward to satisfy due process.

Hearing rights

A licensee is entitled to notice of charges, an impartial decision-maker, counsel, presentation and cross-examination of witnesses, and a written decision explaining findings.

Judicial review deadline

A licensee may appeal a final Board decision to the circuit court under State administrative procedure provisions, generally within 30 days of the final order.

Informed consent elements

Before treatment, the therapist must explain the technique, expected benefits, risks, and alternatives, and document that the client agreed to proceed.

Record retention and content

Records must be accurate, legible, dated, and retained for the regulatory period, documenting assessment, treatment provided, client response, and any referral made.

Confidentiality of records

Client records are confidential and may be released only with written authorization or as required by law, subpoena, or a public health reporting duty.

Draping requirement

Only the area being treated may be exposed; clients must be draped and given privacy to dress and undress, and consent for any change in draping must be obtained.

Sexual misconduct prohibition

Any sexual conduct, sexual contact, or sexualized communication with a client is prohibited, is grounds for discipline, and may create criminal liability.

Renewal cycle and fee

Licenses renew on the cycle set by the Board, commonly every two years, with a renewal application and fee due before the expiration date shown on the license.

Continuing education requirement

Renewal requires Board-approved continuing education hours set by regulation, including specified hours in ethics, professionalism, or safety, with certificates retained for audit.

Lapsed license

A license not renewed by the expiration date lapses; the holder may not practice until reinstated and may owe a late fee plus continuing education for the expired period.

Reinstatement after revocation

A revoked license may be reinstated only by Board order after a waiting period, with proof of rehabilitation and compliance with any conditions the Board imposes.

Mandatory abuse reporting

Licensees must report suspected child abuse or neglect as required by State law, and good-faith reports are protected from civil liability.

Communicable disease duty

A licensee with a communicable disease that poses a risk to clients must follow public health guidance, accept practice restrictions, and avoid conduct that endangers others.

Business licensure distinction

Local business licensing and zoning approval for an establishment do not replace individual practitioner licensure; each therapist must hold a valid State license.

Consumer protection exposure

Maryland consumer protection law prohibits unfair or deceptive trade practices, including false advertising of credentials, guaranteed cures, or misleading fee representations.