La. Admin. Code tit. 46 § XLIV-3101
Current through Register Vol. 50, No. 12, December 20, 2024
Section XLIV-3101 - Prohibition of Sexual ActivityA. All sexual activity by any person or persons in any massage establishment is absolutely prohibited.B. No massage establishment owner or operator shall engage in, or permit any person or persons to engage in, sexual activity in a massage establishment or to use that establishment to make arrangements to engage in sexual activity in any other place.C. No massage therapist shall engage in sexual activity with a current client of the therapist.D. No massage therapist shall engage in sexual activity with a former client of the therapist within three months after cessation of professional services.E. As used in this Rule and §5301 of this Part: a. sexual activity-includes: i. coital sexual intercourse;ii. anal sexual intercourse;iii. fellatio, cunnilingus;v. passionate kissing and acts of sadomasochistic abuse;vii. torture in the context of sexual conduct;b. the purposeful touching of the genitals of another person and the purposeful erotic stimulation of the anus, the male or female nipple, or the female breast, whether through draping or clothing, whether resulting in penetration or orgasm or not, and whether by instrumental manipulation, touching with the hands, or other bodily contact;c. any sexual offenses proscribed by the criminal laws of Louisiana including, but not limited to, R.S. 14:83.3 and 83.4.F. For purposes of this rule, the term client means and includes any person receiving massage therapy services provided for compensation (regardless of the source, recipient or nature of the compensation), and any person receiving massage therapy services that are not provided for compensation either because of indigence or because the massage therapy services were provided within the context of a community outreach or other public service program. A massage therapist's own spouse is excluded from the term client under this rule.La. Admin. Code tit. 46, § XLIV-3101
Promulgated by the Department of Health and Hospitals, Board of Massage Therapy, LR 20:1002 (September 1994), repromulgated LR 20:1111 (October 1994), amended LR 32:1235 (July 2006), LR 39:1772 (July 2013).AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3555 et seq., R.S. 37:3556(A)(4) and (6), and R.S. 14:83.3 and 83.4.