Ala. Admin. Code r. 532-X-3-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 532-X-3-.07 - [Effective 1/7/2025] [Effective until 11/14/2024] Code Of Ethics - Massage Therapy Schools

(1) This Code of Ethics is a summarized statement of standards by which state licensed massage therapy schools (hereinafter referred to as "Educators") agree to conduct their practices and an acknowledgement of the principles of acceptable, ethical and professional behavior.

(2) General Standards:

(a) Any Educator licensed by the Board is required to be knowledgeable regarding the ethical, legal and regulatory aspects of the profession of massage therapy, must be skilled in applying that knowledge and must make students aware of their responsibilities as massage therapists. Licensed Educators will conduct education in an ethical manner and serve as role models for professional behavior.

(b) Licensed Educators will educate only in those areas in which they have become qualified through education, certification and professional affiliations in order to ensure that all students are adequately instructed in massage therapy techniques.

(c) Licensed Educators will accurately inform the public and other health care providers of the scope and limitations of their discipline and that of their students.

(d) Licensed Educators do not discriminate against or refuse professional service to anyone on the basis of race, gender, religion, national origin, or sexual orientation.

(e) Licensed Educators are required to clearly define and maintain ethical, professional and social relationship boundaries with their students. Educators must acknowledge that they exert both power and influence over the students under their care and control and that they must, therefore, be vigilant to maintain appropriate student-teacher boundaries and take responsibility for the power differential that exists between instructors and students.

(f) Licensed Educators must maintain and improve their professional knowledge and competency to teach massage therapy through continuing education.

(g) Licensed Educators will orient prospective students to their program expectations prior to admission, including, but not limited to, the following items:

1. the type and level of skill required for successful completion of the training;

2. a current and accurate description of the program content, training goals and objectives;

3. the subject matter to be covered;

4. the basis for evaluation;

5. the training components that encourage self-growth as part of the training process;

6. the supervision and site requirements for required clinical field experiences;

7. student evaluation and dismissal policies and procedures;

8. up-to-date employment prospects for graduates; and

9. the availability of course and program information to all interested parties.

(h) Educators do not teach the use of techniques or procedures that require specialized training, licensure or expertise, including, but not limited to, laser therapy, injection therapy, manipulation of the joints or any diagnosis or treatment of an illness that normally involves the practice of medicine, chiropractics, physical therapy, podiatry, nursing, occupational therapy, veterinary medicine, acupuncture, osteopathy, orthopedics, hypnosis or naturopathics.

(i) Educators do not serve as counselors to students over whom they hold administrative, teaching or evaluative roles unless this is a brief role associated with a training experience.

(3) Criminal Acts:

(a) An Educator should abide by federal, state and local laws and statutes. Unethical conduct includes conviction of a felony or of any crime arising out of or connected with the practice of massage therapy and/or the habitual use of controlled substances or the habitual and excessive use of alcohol. As used herein, "conviction" includes a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere.

(4) Abuse of Students:

(a) An Educator should always maintain a professional relationship with all students, both in and outside the classroom. Unethical conduct includes, but is not limited to:

1. committing any act of abuse, including physical and emotional abuse;

2. committing or soliciting any unlawful sexual act;

3. committing any act of sexual harassment; and/or

4. soliciting, encouraging or consummating a romantic or inappropriate relationship with a student (including dating a student) by written, verbal or physical means.

(5) Alcohol and Drugs:

(a) An Educator shall refrain from the abuse of alcohol or drugs during the course of professional practice. Unethical conduct includes, but is not limited to:

1. being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using or consuming illegal or unauthorized drugs and/or alcohol; and/or

2. furnishing alcohol or illegal/unauthorized drugs to any student or allowing a student to consume alcohol or illegal/unauthorized drugs while on school premises or while at a school-sponsored activity.

(6) Misrepresentation or Falsification:

(a) An Educator should exemplify honesty and integrity in the course of professional practice. Unethical conduct includes, but is not limited to:

1. falsifying, deliberately misrepresenting or omitting information regarding the evaluation of students, including improper administration of any standardized tests (changing test answers, copying or teaching identified test items, unauthorized reading of the test to students, etc.);

2. falsifying, deliberately misrepresenting or omitting reasons for terminating students; and/or

3. falsifying, deliberately misrepresenting or omitting information submitted in the course of an official inquiry/investigation.

(7) Student Funds:

(a) An Educator entrusted with student funds and property should honor that trust with a high level of honesty, accuracy and responsibility. Unethical conduct includes, but is not limited to, failing to account for funds collected from students.

(8) Advertising:

(a) All licensed massage training programs and institutions are expected to exhibit integrity and responsibility in advertising and in student recruitment. Responsible self-regulation requires rigorous attention to the principles of ethical practice. The following requirements pertain to all advertising and promotional materials used by all forms of media, including, but not limited to, print, broadcast medium, internet, data transfer technologies, and video - or audio - tape. The following requirements further pertain to all program and institutional materials that are distributed to prospective students or to members of the general public, irrespective of the originally intended purpose of those materials.

1. All printed, written, and/or spoken statements and representations regarding massage therapy schools and programs shall be clear, factually accurate and current. Supporting information shall be kept on file by the sponsoring school or program administrator and shall be readily available for review, including, but not limited to the following:

(i) Policies concerning admission, financial aid, curriculum, schedules and all other areas affecting the education and well being of students shall be honestly and clearly stated in publications promoting the school.

(ii) Procedures, dates and requirements for application, admission, financial aid, and other responsibilities and opportunities directly affecting students shall be clearly stated and shall be generally available to prospective and current students.

(iii) Policies regarding student admission and standing, -evaluation of student progress, and the operation of certificate or diploma programs shall be readily available to current and prospective students.

(iv) A description of tuition, fees, and other charges, as well as all policies pertaining thereto, shall be clearly described in the program's published literature. The total cost of the program shall be clearly stated.

2. Catalogs, advertising and promotions shall clearly -distinguish existing and recognized programs from those that are prospective or hypothetical.

3. All advertising and promotional materials shall include the correct name and location of the program and the parent institute.

4. All advertising promoting student clinical sessions will clearly indicate that services provided by students are offered under the supervision of a licensed massage therapist by using the phrase, "under the supervision of" or "supervised by a licensed massage therapist." Students may not use personal advertisements for such services, but student names may be included in -an Educator's advertisement, provided that the students' intern status is clearly disclosed in the ad.

5. All school and program advertising and promotional materials shall clearly -disclose that they offer solely training, and not employment, -in massage therapy. No overt or implied claim or guarantee of individual employment shall be made at any time therein

6. Advertisements or any other type of recruitment materials shall not claim that students receive compensation for attending school or for providing student services.

7. No program shall use the term "accredited" unless it indicates the agency or organization by which it is accredited.

8. No program shall issue any certificate or diploma or confer any degree that misrepresents the course of study or instruction covered or completed or the accomplishments or standing of the student receiving such certificate, diploma or degree.

9. The program shall not falsely represent its facilities in photos, illustrations, computerized images, or by other means.

10. Programs that utilize placement statistics and/or state examination pass rates in advertising, promotional literature and/or verbal presentations shall use corroborative data from reliable and current sources, e.g., state agencies, previous calendar year statistics, etc. to back its claims.

(9) Confidential Information:

(a) All Educators should comply with state and federal laws relating to the confidentiality of student records, unless disclosure is required or permitted by law. Unethical conduct includes, but is not limited to, sharing of confidential information concerning student academic and disciplinary records, personal confidences, health and medical information, family status and/or income, and assessment/testing results.

(10) Disciplinary Action:

(a) The Alabama Board of Massage Therapy is authorized to suspend, revoke, or refuse to issue or deny a school license, and to issue a reprimand or warning when made aware of possible improprieties by licensed Educators, as stated herein, -via written complaint. The Board will give notice and opportunity to be heard to the Educator charged with the alleged impropriety in accordance with the Alabama Administrative Procedure Act and the Rules and Regulations of the Alabama Board of Massage Therapy. For a minor incorrect practice by an Educator, the Board may provide notice -and an opportunity to cure the incorrect practice. The Educator may request a formal or informal hearing before the Board regarding any impropriety, delinquency, incorrect practice, or deficiency.

(b) Licensed Educators will adhere to and follow all policies, procedures, rules, regulations, codes and requirements promulgated -in accordance with Alabama law regarding the practice of massage therapy (Act No. 96-661) and the amendments thereto.

Ala. Admin. Code r. 532-X-3-.07

New Rule: Filed May 19, 2004; effective 6/26/2004.

Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 109 days, 1/7/2025 (Emergency).

Author: Keith E. Warren

Statutory Authority:Code of Ala. 1975, § 34-43-14.