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49 Pa. Code § 20.1. Definitions.


§ 20.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Massage Therapy Law (63 P. S. § §  627.1—627.50).

   Board—The State Board of Massage Therapy.

   Client—Any individual, group of individuals, or organization to which an L.M.T. provides massage therapy services.

   Contact hour—A 50 to 60 minute period of instruction related to the practice of massage therapy in the physical presence of an instructor or supervisor.

   Draping—The use of linens to cover a massage therapy client to preserve client privacy and modesty, to maintain professional boundaries and for client warmth.

   FSMTB—The Federation of State Massage Therapy Boards.

   Immediate supervision—The supervisor or instructor is within visual or audible range of the individual being supervised.

   In-class—In the physical presence of an instructor or under the immediate supervision of a clinical supervisor.

   Indirect supervision—The supervision provided by a clinical supervisor or instructor who has given a student instructions on the performance of massage therapy activities, assigned for credit, that are to be practiced outside of class or clinic.

   Informed consent—A process wherein the massage therapist and a competent client or the client’s guardian come to a mutual understanding of the massage therapy treatment, including objectives, benefits and any risks.

   L.M.T.—Licensed Massage Therapist.

   MBLEx—Massage and Bodywork Licensure Examination of the Federation of State Massage Therapy Boards.

   Massage therapy treatment plan—Written documentation that addresses soft tissue manifestations, needs and concerns of the client, including identifying indications, contraindications and precautions of massage therapy within the scope of the act, how the needs and concerns will be addressed, massage therapy goals and how progress will be assessed.

   NCBTMB—National Certification Board for Therapeutic Massage and Bodywork.

   NCETM—National Certification Examination for Therapeutic Massage.

   NCETMB—National Certification Examination for Therapeutic Massage and Bodywork.

   NESL—National Examination for State Licensure, an option offered by the NCBTMB which allows individuals to take the NCETM or NCETMB without obtaining National certification.

   Professional relationship—The relationship between a massage therapist and a client which shall be deemed to exist from the first professional contact or consultation and continue thereafter until 6 months after the last date of a professional service.

   Sexual abuse—Conduct which constitutes a violation of any provision of 18 Pa.C.S. (relating to crimes and offenses) related to sexual offenses (See 18 Pa.C.S. § §  3121—3130 (relating to definition of offenses).)

   Sexual harassment—Deliberate or repeated comments, gestures or physical contacts of a sexual nature.

   Sexual impropriety—The term includes the following offenses during the professional relationship:

     (i)   Making sexually demeaning or sexually suggestive comments about or to a client, including comments about a client’s body or clothing.

     (ii)   Unnecessarily exposing a client’s body or watching a client dress or undress, unless the client specifically requests assistance due to disability.

     (iii)   Discussing or commenting on a client’s potential sexual performance or requesting details of a client’s sexual history or preferences.

     (iv)   Volunteering information to a client about one’s sexual problems, preferences or fantasies.

     (v)   Behavior, gestures, or expressions to a client that are seductive or of a sexual nature.

     (vi)   Using draping practices that reflect a lack of respect for the client’s privacy.

   Sexual intimacies—Romantic, sexually suggestive or erotic behavior or soliciting a date.

   Sexual violation—Sexual conduct, during the professional relationship, between a massage therapist and a client, including any of the following:

     (i)   Indecent exposure.

     (ii)   Touching, with the massage therapist’s body or an object, the genitals or any sexualized body part of the client for any purpose other than appropriate examination or treatment or when the client has refused or withdrawn consent.

     (iii)   Encouraging a client to masturbate in the presence of the massage therapist or masturbating while a client is present.

     (iv)   Providing or offering to provide treatment in exchange for sexual favors.

   Supervisor—A licensee or instructor who meets the qualifications under section 13(3) of the act (63 P. S. §  627.13(3)).

   Treatment—The use of massage therapy where the primary intent is to enhance the health and well-being of the client.

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