Section 49-01-02-04 - Grounds for disciplineA licensed massage therapist may be subject to disciplinary action by the board for any of the grounds authorized in North Dakota Century Code chapter 43-25, including:
1. Failure by the licensee to identify himself or herself before beginning the massage ;2. Failure as an instructor to provide sufficient supervision of massage by students; or3. Commission of one or more acts which indicate the licensee lacks good moral character and is therefore ineligible to be licensed by the board, including: a. Engaging in criminal conduct involving the client as a victim.b. Initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a current massage client of the licensee, even if the client attempts to sexualize the relationship.c. Consuming alcohol while providing massage services or with a client in a massage establishment. d. Intentionally viewing a completely or partially disrobed client, or disregarding proper draping procedures in the course of treatment if the viewing is not legitimately related to treatment under current practice standards.e. Having had a license revoked or suspended, or other disciplinary action taken, or an application for licensure refused, revoked, or suspended by the proper authorities of another state, territory, or country.f. Failing to report to the board when there is direct knowledge of any unprofessional, incompetent, or illegal acts that appear to be in violation of North Dakota Century Code chapter 43-25 or any rules established by the board.g. Failure to apply massage based on current standards of practice, such as those provided by professionally or nationally recognized massage therapy organizations.N.D. Admin Code 49-01-02-04
Effective January 1, 2001; amended effective July 1, 2010.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.General Authority: NDCC 28-32-02
Law Implemented: NDCC 43-25-07, 43-25-10