ND Massage Law flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Governing statute for ND massage
- North Dakota Century Code chapter 43-25 is the massage therapy practice act; it creates the Board of Massage Therapy and sets the core licensure framework.
- Definition of massage therapy
- Manipulation of soft tissue for therapeutic, hygienic, or relaxation purposes; this statutory definition fixes the boundary of licensed practice in North Dakota.
- License required to practice
- A person may not practice massage therapy for compensation in North Dakota without a current license issued by the Board of Massage Therapy.
- Board of Massage Therapy
- The state body created by statute that approves schools, issues and renews licenses, investigates complaints, and imposes discipline on massage therapists.
- Education requirement for licensure
- Applicants must complete a board-approved massage therapy program meeting the minimum clock-hour requirement, covering anatomy, physiology, technique, and related subjects.
- Examination requirement
- Applicants must pass a board-recognized licensure examination, commonly the MBLEx, and submit the official score report with the license application.
- Application documentation
- The license application requires the fee, proof of completed approved education, exam scores, and any additional items the board requires by rule.
- Grounds for discipline
- Unprofessional conduct, fraud in obtaining a license, practicing beyond scope, and violations of board rules are grounds for board sanctions.
- Disciplinary sanctions available
- The board may reprimand, place on probation with conditions, suspend, revoke, or refuse to renew a license, and may impose civil penalties.
- Continuing education obligation
- Licensees must complete and document the continuing education hours the board requires each renewal cycle, with specified subject-area content.
- Student clinical exemption
- Students enrolled in an approved massage program may perform massage only in supervised clinical training, not as independent compensated practice.
- Other licensed professional exemption
- Health professionals licensed under other North Dakota statutes may perform soft-tissue work within their own lawful scope without a massage license.
- License renewal cycle
- Licenses expire on the schedule set by the board; renewal requires a completed application, fee, and evidence of required continuing education.
- Practicing on expired license
- Providing massage therapy after a license lapses is unlicensed practice, exposing the person to board action and statutory penalties.
- Complaint and hearing process
- The board receives complaints, investigates, and may hold a contested hearing before imposing sanctions; due-process protections apply to the licensee.
- Scope-of-practice limits
- Massage therapists work on soft tissue for therapeutic and relaxation purposes and may not diagnose conditions, prescribe drugs, or perform invasive procedures.
- Administrative Code title 33
- Title 33 of the North Dakota Administrative Code contains board rules implementing the massage statute, including education, licensure, renewal, and conduct standards.
- Approved school curriculum
- Board rules specify the subjects an approved program must teach, including anatomy, physiology, pathology, massage technique, ethics, and business practice.
- Minimum clock hours
- The rules set the minimum number of supervised instructional hours an approved massage program must provide before a graduate may apply for licensure.
- Rule-based application procedure
- The administrative rules prescribe the forms, fees, transcripts, and examination evidence an applicant must submit and the order of review.
- Late renewal and reinstatement
- Rules define the grace period, late fees, and reinstatement steps for a lapsed license, including any additional continuing education or reexamination.
- CE hour documentation
- Licensees must retain certificates or other proof of continuing education hours for the period the rules specify and produce them on board audit.
- Acceptable CE activities
- Rules identify which activities count toward continuing education, such as approved courses, workshops, and relevant professional instruction, and which do not.
- Unprofessional conduct defined
- Rule-defined misconduct includes boundary violations, falsified records, practicing while impaired, and failure to maintain sanitary conditions or informed consent.
- Client record requirements
- Rules require records documenting intake information, treatment provided, and consent, retained for the period the board specifies.
- Informed consent rule
- Before treatment the therapist must disclose the nature of the work and obtain client consent, documenting it as the rules require.
- Sanitation and hygiene standards
- Rules require clean linens, disinfected surfaces, and hand hygiene between clients to prevent transmission of infection in massage settings.
- Draping and boundary rules
- Rules require appropriate draping and professional boundaries, prohibiting sexual contact and other conduct outside the therapeutic relationship.
- Advertising and title use
- Licensees may not advertise services or use titles that misrepresent licensure status; only licensed persons may use the massage therapist title.
- Prohibited practice provisions
- Rules bar massage therapists from diagnosing, prescribing, and performing invasive or chiropractic-type adjustments outside the defined massage scope.
- Referral and scope boundaries
- When a client's condition exceeds massage scope, rules require referral to an appropriate licensed health care provider rather than continued treatment.
- Fee schedule in rules
- The administrative rules set application, examination, renewal, and late fees payable to the board, which are subject to periodic amendment.