- (a) It is the responsibility of the licensed massage therapist or therapists to create and maintain a safe environment during a massage session.
(b) It is the therapist’s responsibility to inform clients of their rights as recipients of massage therapy, including but not limited to the following:
- (1) Their right to terminate the treatment at any time; and
- (2) Their right to modify the treatment at any time.
(c) Therapists shall ensure and safeguard the following rights of the clients:
- (1) Obtain necessary information from the client to be held in confidence regarding pertinent health history in order to ensure safe treatment at all times;
- (2) Stay within the scope of practice of massage therapy, performing only techniques for which they are appropriately and sufficiently trained; and
- (3) Refrain under all circumstances from initiating or engaging in any sexual conversation, sexual conduct, sexual behavior, or sexual activities involving a client, even if the client attempts to sexualize the relationship.
(d) The licensed massage therapist adheres to the following practices:
- (1) Keeps licensure current;
- (2) Conducts all aspects of their massage practice in a legal, ethical, and responsible way;
- (3) Pursuant to Acts 2023, No. 531, a licensed massage therapist is a mandated reporter under Arkansas Code § 12-18-402, and, if the licensed massage therapist has reasonable cause to suspect child maltreatment, shall notify the Child Abuse Hotline; and
(4) Reports to the Department of Health in writing and under oath any knowledge of violations of:
- (A) The Massage Therapy Act, Arkansas Code § 17-86-101 et seq., or
- (B) This part.
(e) Providing false or misleading statements or documentation to the department as part of application for registration or licensure, or any investigation, may result in disciplinary action, including:
- (1) Rejection of the application; or
- (2) Suspension or revocation of licensure.
- (f) Violations of any provision under this part may result in disciplinary action by the State Board of Health up to and including revocation of licensure in accordance with the procedures adopted in 17 CAR §§ 52-101, 52-103 – 52-112.