24 Del. Admin. Code § 5300-11.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 5300-11.0 - Standards of Professional Conduct

11.1 A licensee shall:

11.1.1 Maintain current knowledge of the application of massage practice, including indications, contraindications and precautions.

11.1.2 Undertake a specific technique or use a product or equipment only if the licensee has the necessary knowledge, training or skill to competently perform the technique.

11.1.3 Base decisions and action on behalf of a client on sound ethical reasoning and current principles of practice.

11.1.4 Provide treatment only where there is an expectation that it will be advantageous to the client.

11.1.5 Refer the client to an appropriate health care professional when indicated in the interests of the client.

11.1.6 Discuss with clients which massage modalities and techniques will be utilized and the benefits of these modalities and techniques, the objectives, and that participation is voluntary and that consent to treatment or participation may be withdrawn at any time.

11.1.7 Modify or terminate the massage session at any time upon request of the client.

11.1.8 Keep client information private and confidential. This standard does not prohibit or affect reporting mandated under State or Federal law to protect children, older adults or others.

11.1.9 Use safe and functional coverage/draping practices during the practice of massage when the client is disrobed. Safe and functional coverage/draping means that the client's genitals and gluteal cleft and the breast area of female clients are not exposed and that massage or movement of the body does not expose genitals, gluteal cleft or breast area.

11.1.10 Continuously maintain current CPR certification.

11.1.11 Be clean, fully-clothed and professional in dress and appearance.

11.1.12 Display his or her current license with expiration date in a location clearly visible to clients or, when practicing offsite, display the licensee's wallet card.

11.1.13 Include the licensee's license number on all forms and in all advertisements, including business cards, brochures and in print and online media.

11.1.14 Cooperate with the Division of Professional Regulation in the investigation of complaints.

11.1.15 Maintain massage records for at least 3 years from the last date that services were provided to the client.

11.1.16 Educate clients about maintaining the beneficial effect of massage treatment when indicated by a massage treatment plan.

11.1.17 Know and comply with the Board's licensing law, Chapter 53 of Title 24 of the Delaware Code, and Rules and Regulations.

11.2 A licensee shall not:

11.2.1 Misrepresent professional credentials, qualifications, education or affiliations.

11.2.2 Knowingly engage in or condone behavior that is fraudulent, dishonest, or deceitful or involves moral turpitude.

11.2.3 Psychologically or physically abuse a client.

11.2.4 Violate a client's boundaries with regard to exposure, privacy or disclosure.

11.2.5 Utilize techniques that are contraindicated based on the client's condition.

11.2.6 Falsify or knowingly make incorrect entries into the client's record or other related documents.

11.2.7 Intentionally expose a client's genitals, gluteal cleft or the breasts of a female client.

11.2.8 Engage in sexual harassment, sexual impropriety, sexual violation or sexual abuse.

11.2.9 Engage in sexual intimacies during the professional relationship.

11.2.10 Perform or offer to perform any services for clients other than those connected with the practice of massage and bodywork, as defined in 24 Del.C. § 5302(6), unless the licensee has additional training and licensure to perform those services.

11.2.11 Knowingly permit another individual to use the licensee's license for any purpose.

11.2.12 Knowingly aid, abet or assist another person to violate the Board's licensing law or Rules and Regulations.

11.2.13 Misappropriate equipment, materials, property or money from a client.

11.2.14 Refuse a client's request for a refund of the unearned portion of prepaid or packaged massage therapy services. This provision does not apply to gift certificate purchases.

11.3 Any licensee who has knowledge that another licensee has violated the Standards of Professional Conduct set forth in section 11.0, or any other Board law, Rule or Regulation, shall present that information by complaint to the Division of Professional Regulation for investigation.

24 Del. Admin. Code § 5300-11.0

20 DE Reg. 825 (4/1/2017) (Final)