The following situations shall serve as the grounds upon which the disciplinary measures set forth in § 178 of this title may be taken against a massage therapist, pursuant to this chapter:
(a) To attempt to obtain a license to practice as a massage therapist through bribery or misrepresentation.
(b) To have been found guilty or have been convicted of any offense that is directly related to the practice of massaging [sic] or the skill to practice it in Puerto Rico, the United States, or a foreign country.
(c) To publish fraudulent and/or misleading advertisements regarding the massage services or practice offered.
(d) To fail to include the massage license number or use a false number in any type of advertisement or promotion.
(e) To support, assist, procure or advise any unlicensed and/or unauthorized person to practice as a massage technician or therapist in Puerto Rico in contravention to this chapter.
(f) To fraudulently, deceitfully or falsely represent the practice of massage.
(g) To fail to offer safe and competent massage due to illness, use of alcohol, narcotic drugs or controlled substances, or even any prescribed drug, if it gives grounds to believe that the person is not professionally, physically or mentally fit to work. Provided that failure to offer safe massaging [sic] comprises an action that may aggravate any preexisting condition, or cause some type of harm, as well as any type of massage performed in contravention to the indications of the massage profession. To reinforce this subsection, the Board shall have the authority, under probable cause or sufficient evidence, to request that the massage therapist be submitted to a physical and/or mental examination, as the case may be, with a physician or health professional designated by the Board. A massage technician or therapist affected by this subsection shall be given reasonable opportunities to demonstrate his/her competence to return to the practice with enough skills to protect the health of his/her customers.
(h) To be accused repeatedly of malpractice for failing to render quality care and expertise established as accepted by the Board in the professional services.
(i) To work and/or offer services beyond the parameters established by law and to accept professional responsibilities that the therapist knows, or has reason to know he/she is not qualified to perform.
(j) To breach the rules of this section, and/or an express order or decision of the Board, previously arranged at a disciplinary hearing.
(k) To fail to maintain the equipment used by the massage therapist clean and in acceptable hygienic condition.
It is hereby prohibited for any person who does not meet the requirements established in this chapter to use, advertise personally or as a business, or offer massage services as a massage therapist, masseur/masseuse, masotherapist, chiromassagist or under a title, words or phrases similar to these. Any person who is not authorized to use any of these titles and who deliberately uses the same with the purpose of advertising personally or as a business or of offering massage services, shall be subject to the penalties established under this chapter.
History —Sept. 3, 2003, No. 254, § 12; Oct. 13, 2004, No. 552, § 5.