32-4253. Disciplinary action; grounds; definitions

A. The following are grounds for disciplinary action:

1. Failing to meet or maintain the requirements for an original license under section 32-4222, subsection A.

2. Using fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal or reinstatement of a license.

3. Using drugs or intoxicating liquors to an extent that affects professional competency.

4. Being convicted of a felony or other offense involving moral turpitude or any conviction for prostitution, solicitation or another similar offense. A conviction by a court of competent jurisdiction is conclusive evidence of the commission of the crime.

5. Being found mentally incompetent by a court of competent jurisdiction until proof of recovery from the condition can be established.

6. Engaging in any act or practice in violation of this chapter or any board rule or aiding, abetting or assisting any other person in the violation of these provisions or rules.

7. Having a license or certificate revoked or suspended or any other disciplinary action taken or an application for licensure or certification refused, revoked or suspended by the proper authorities of another state, territory or country.

8. Committing an act of malpractice, gross negligence or incompetency.

9. Practicing as a licensee under this chapter without an active license.

10. Engaging in conduct that could result in harm or injury to the public.

11. Using fraud, deceit or misrepresentation when communicating with the general public, health care professionals or other business professionals.

12. Falsely holding out oneself as licensed or certified in any discipline of massage therapy without successfully completing training approved by the board in that specialty.

13. Practicing or offering to practice beyond the scope of the practice of massage therapy.

14. Engaging in the performance of substandard care by a massage therapist due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person cared for is established.

15. Engaging in sexual activity with a client.

16. Failing to adhere to the recognized standards and ethics of the massage therapy profession.

17. Charging unreasonable or fraudulent fees for services performed or not performed.

18. Aiding or abetting a person who is not licensed in this state and who directly or indirectly performs activities requiring a license.

19. Failing to report to the board any act or omission of a licensee or applicant or any other person who violates this chapter.

20. Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by the use of threats or harassment against any person to prevent that person from providing evidence in a disciplinary proceeding or any legal action.

21. Promoting an unnecessary device, treatment or service for the financial gain of the massage therapist or of a third party.

22. Providing massage therapy services that are in any way linked to the financial gain of a referral source.

23. Violating this chapter, board rules or a written order of the board.

B. For the purposes of this section:

1. "Breast" means any portion of the female breast below a point immediately above the top of the areola.

2. "Sexual activity" means any of the following:

(a) Sexual conduct.

(b) Offering to engage in sexual conduct.

(c) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with a client.

(d) Intentionally viewing a completely or partially disrobed massage therapy client in the course of treatment if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage therapy client or the massage therapist.

(e) Massaging, touching or applying any instrument or device by a licensee in the course of practicing or engaging in massage therapy to the breasts of a female client unless the client requests breast massage and signs a written consent form.  If the client is a minor, the consent form must include the signature of the client's parent or legal guardian authorizing the procedure and outlining the reason for the procedure before the procedure is performed.

(f) Asking or directing a massage therapy client or prospective client to touch the client's own anus or genitals or to touch the anus, genitals or female breasts of any other person.

(g) Asking or directing a massage therapy client or prospective client to expose the client's own anus or genitals to the massage therapist or any other person with the intention of appealing to the prurient interest of the massage therapy client or the massage therapist.

(h) Exposing the massage therapist's anus or genitals to a client.

(i) Exposing her breasts to a client.

3. "Sexual conduct" means any direct or indirect touching, fondling or manipulating of any part of the genitals or anus by any part of the body or by any object or causing a person to engage in that conduct.