Section 338.723. Prohibited conduct.

Prohibited conduct includes, but is not limited to, the following acts or omissions by an individual covered by these rules:

(a)        Practicing outside of the boundaries of professional competence, based on education, training, and experience. This includes, but is not limited to, providing massage therapy services without ensuring the safety, comfort, and privacy of the client.

(b)     Engaging in harassment or unfair discrimination based on age, gender, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.

(c)      Refusing to provide professional service based on age, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.  This   requirement  does  not  prevent  a  licensee   from  terminating  a   massage

therapy session with someone or refusing to treat any person who suggests or requests that the licensee engage in conduct that is inappropriate, unsafe, or unethical.

(d)         Involvement  in  a  conflict  of  interest  that   interferes  with   the  exercise  of professional discretion or makes the client’s interests secondary.

(e)         Taking  advantage   of  or  exploiting   a  supervisee   or  student  to  further  the licensee’s personal, religious, political, business, or financial interests.

(f)      Taking on a professional role when a personal, scientific, legal, financial, or other relationship impairs the exercise of professional discretion or make the interests of a client or student secondary to those of the licensee.

(g)       Being involved in a dual or multiple relationship with a current or former client, when there is a risk of harm to, or exploitation of, the client. As used in this rule, “dual or multiple relationship” means a relationship in which a licensee is in a professional role with a client and 1 or more of the following occurs at the same time:

(i)     The licensee takes advantage of any current or former professional relationship or exploits the client to further the licensee’s personal, religious, political, business or financial interests, including inducing the client to solicit business on behalf of the licensee.

(ii)     The licensee solicits or engages in a sexual relationship with a current client.

(iii)      The licensee engages in a sexual relationship with a former client when there is a risk of harm or exploitation to the former client.

(iv)     The licensee promises to enter into another relationship in the future with the client. History: 2012 AACS.