Section 041-400-4 - Clarification of TermsA. FRAUD OR DECEIT. 1. The practice of fraud or deceit in obtaining or renewing or in attempting to obtain or renew a license or registration includes, but is not limited to: a. Falsification or misrepresentation of facts or information listed on an application;b. Intentionally withholding or misrepresenting any information requested on the application, including information regarding criminal or disciplinary action taken by any state against an applicant; orc. Impersonating another applicant.2. The practice of fraud or deceit in connection with services rendered, but is not limited to: a. Intentionally engaging in false, misleading or deceptive advertising; orb. Impersonating another licensee or registrant.B. GROSS NEGLIGENCE, INCOMPETENCY OR MISCONDUCT 1. Gross negligence, incompetence or misconduct in the service of massage therapy includes, but is not limited to: a. Intentionally or recklessly causing physical or emotional harm to the public;b. Encouraging or promoting massage therapy by untrained or unqualified persons;c. Engaging in any lewd, indecent, obscene or unlawful behavior while acting as a massage therapist or massage practitioner;d. Massage of genital areas or massage of a client who is not properly draped for massage, or by a massage therapist or massage practitioner who is not properly dressed;e. Failure to respect the patient's/client's boundaries with respect to privacy, exposure, or emotional expression;f. Serving the public when physical or mental ability is impaired to any extent by alcohol and/or drugs;g. Serving the public when ability to do so is impaired psychologically or mentally;h. Willful or intentional misrepresentation of skills to a client;i. Failure to comply with the terms of any settlement agreement or other disciplinary action by the department;j. Subject to the limitations of 5 MRSA chapter 341, conviction of a crime which involves dishonesty or false statement or which directly relate to the practice of massage;k. Failure to safeguard the confidentiality of all client information, unless disclosure is required by law or court order;l. Failure to respect the client's right to refuse, modify, or terminate treatment, regardless of prior consent given;m. Failure to provide draping and treatment in a way that ensures the safety, comfort and privacy of the client; orn. Failure to refrain, under all circumstances, from initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior or speech with a client in connection with the rendering to that client of professional massage services, even if the client attempts to sexualize the professional relationship.02-041 C.M.R. ch. 400, § 4