1. A. A licensee or registrant shall:

   1. (1) Use professional judgment in the use of evaluation and treatment procedure;
   2. (2) Decline to administer treatment when the treatment is contraindicated or unjustified;

   3. (3) Terminate a professional relationship with a client in an appropriate manner, such as:

      1. (a) Providing the client with sufficient notice to permit the client to obtain the services of another professional; or
      2. (b) Assisting the client by providing referrals, if appropriate.
   4. (4) Maintain legible, organized written records of treatment of any client under the care of the licensee or registrant for at least 5 years after termination of treatment and as provided by applicable provisions of Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;
   5. (5) Make the written records available to the client upon request, in compliance with applicable laws for disclosure of medical records;
   6. (6) Make referrals only to other qualified and duly licensed or certified health care providers or practitioners, or both;
   7. (7) Accurately inform clients, other health care professionals, and the public of the limitations of massage therapy;
   8. (8) Adequately assess the client to determine if contraindications against massage therapy exist and refer the client to an appropriate health care practitioner; and
   9. (9) Exercise independent professional judgment in the treatment or evaluation, or both, of clients, regardless of whether the client was referred by another health care provider.

2. B. A licensee or registrant may not:

   1. (1) Accept a client for treatment, or continue unnecessary treatment, when the client cannot be reasonably expected to benefit from the treatment;
   2. (2) Receive remuneration from, or provide remuneration to, or split a fee with another health care provider or individual, or both, for either making or accepting a referral of the client to the health care provider or individual, or both;
   3. (3) Make a guarantee or promise about the efficacy of a particular treatment, the licensee’s or registrant’s practice, or the results of a treatment unless supported by scientific principles accepted by the profession as determined by the governing board; or

   4. (4) Exploit the professional relationship by:

      1. (a) Continuing treatment unnecessarily; or

      2. (b) Charging for a service:

         1. (i) Not provided; or
         2. (ii) Different from those actually provided.

Authority: Health Occupations Article, §§1-212, 6-102, 6-206, and 6-308, Annotated Code of Maryland

Effective date:

Chapter recodified from COMAR 10.43.18 to COMAR 10.65.03 under new Subtitle, Board of Massage Therapy Examiners, Code of Ethics, effective January 2, 2017 (43:26 Md. R. 1446)

Regulation .02B amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .03 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .03C amended effective January 2, 2017 (43:26 Md. R. 1446)

Regulation .04 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .05 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .06 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .07 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .08 amended effective August 5, 2024 (51:15 Md. R. 710)

Regulation .09 amended effective January 2, 2017 (43:26 Md. R. 1446); August 5, 2024 (51:15 Md. R. 710)