Maryland Massage Therapy Exam: Regulations and Definitions, Exams of Law

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What's the difference between a Regulation and a Statute? - ANSWER The Legislature enacts statutes. Administrative agencies adopt, amend and repeal regulations under the authority granted to them by statutes 6-101 definitions: Board - ANSWER The State Board of Massage Therapy Examiners 6-101 definitions: Health Care Setting - ANSWER The office of a health care provider 6-101 definitions: License - ANSWER a license issued by the Board to practice massage therapy 6-101 definitions: Licensed Massage Therapist - ANSWER individual who is licensed by the Board to practice massage therapy 6-101 definitions: Massage Therapy - ANSWER the use of manual techniques on soft tissues of the human body including effleurage (stroking), petrissage (kneading), tapotement (tapping), etc. for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well-being. 6-101: Massage therapy includes - ANSWER laying of hands, consisting of pressure or movement on an individual to specifically affect the electromagnetic energy or energetic field of the human body

6-101: Massage therapy does not include - ANSWER diagnosis or treatment of illness, disease, or injury; the adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine 6-101 definition: Practice massage therapy - ANSWER engage professionally for compensation in massage therapy field related to massage therapy 6-202. Restrictions as to consumer members. - ANSWER consumer member may not have a substantial financial interest in a person regulated by the Board. 6-202. Before taking office, each appointee to the Board shall take the ____ required by Article I, § 9 of the Maryland Constitution. - ANSWER Oath 6-202. Terms of members - ANSWER Members serve for 4 years until a successor is appointed and cannot serve 2 consecutive terms. The governor shall fill any vacancies within 60 days 6-202. Removal of members - ANSWER The Governor may remove a member for incompetence or misconduct. The Governor may remove a member the Secretary finds to have been absent from two successive Board meetings without reason. 6-203. Who determines how the chair, vice chair, and secretary-treasurer are elected. - ANSWER The Board determines the manner of election of the officers and the duties of each officer. 6-204. Staff - ANSWER The Board and the State Board of Chiropractic Examiners may employ a staff in accordance with the budgets of the boards. 6-204. Appointment of executive director - ANSWER The Board and the State Board of Chiropractic

Examiners jointly shall appoint an executive director, who serves at the pleasure of both boards. 6-204. Executive director - ANSWER the executive officer of both boards and has the powers and duties assigned by the boards. 6-205. Quorums - ANSWER A majority of the full authorized membership of the Board 6-205. Meetings - ANSWER The Board shall determine the times and places of meetings 6-205. Compensation; reimbursement for expenses - ANSWER each member of the Board is entitled to compensation for each day on which the member is engaged in the duties of the member's office & Reimbursement for expenses under the Standard State Travel Regulations, as provided for in the State budget. 6-206. Additional powers of the board - ANSWER Adopt regulations to carry out the provisions of this title; Summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the duties of the Board; and authorize payment of fees and travel expenses of witnesses who testify in any proceeding before the Board. 6-206. Additional duties of the board - ANSWER Keep a list of the name and address of each lmt; Adopt an official seal; File reports of the activities of the Board; Assist in prosecutions under this title; Investigate an alleged violation of this title; and Establish an advisory committee 6-207. There is a State Board of Massage Therapy Examiners Fund. Composition: - ANSWER The Board may set reasonable fees, the fees charged shall be set so as to approximate the cost of maintaining the Board, funds to cover the compensation and expenses of the Board members shall be generated by fees.

6-207. Payments of Funds to Comptroller - ANSWER The Board shall pay all funds collected under this title to the Comptroller. The Comptroller shall distribute the fees to the State Board of Massage Therapy Examiners Fund. 6-208. Immunity - ANSWER A person shall have the immunity from liability for giving information to the Board or otherwise participating in the activities of the Board. 6-101 definition: Registered massage practitioner - ANSWER individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting 6-101 definition: Registration - ANSWER registration issued by the Board to practice massage therapy in a setting that is not a health care setting. 6-102. Certain rights not limited by title. - ANSWER this title does not limit the right of an individual to practice or advertise an occupation that the individual otherwise is authorized to practice under this article. 6-201. Board established. - ANSWER There is a State Board of Massage Therapy Examiners in the Department 6-202. Composition appointed by the Board's 7 members. Of the 7 members: - ANSWER 5 shall be licensed massage therapists and 2 shall be consumer members. 6-202. The Governor shall appoint the LMT & consumer members with the advice of the Secretary and the advice and consent of the Senate of Maryland. LMT member are chosen from: - ANSWER a list of names of qualified individuals submitted to the Secretary and the Governor by an association that represents at least 250 licensed massage therapists in the State. 6-202. Qualifications for the massage therapy members - ANSWER Be a resident of the State, active practice, graduate of a Board-approved course in massage therapy, practiced massage therapy in the State for at least 5 years, and in good standing with the Board.

6-202. Good Standing - ANSWER LMT who has not been reprimanded, suspended, revoked or placed on probation 6-202. Qualifications for consumer members - ANSWER member of the general public. MAY NOT be an lmt or participate in a commercial or professional field related to massage therapy. And may not have a household member who is a lmt or who participates in a commercial or professional 6-301. An individual must be licensed or registered by the board before becoming a massage therapist. This does not apply to - ANSWER students in massage school, lmt with similar qualifications from another state that is staying for no more than 7 days, family working on family, athletic trainer while staying in scope, employed by federal govt to practice, or working in a beauty salon 6-302. To qualify for a license, an applicant shall be an individual who has: - ANSWER 600 hours of massage education, pass the mblex, pass criminal background, and has at least 60 credit hours of education at an institution of higher education, 24 of which should be related to health care. 6-302. To qualify for registration, an applicant shall be an individual who completes: - ANSWER 600 hours of massage education, pass the mblex, and pass criminal background 6-303. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: - ANSWER Two complete sets of legible fingerprints, the fee for access to state criminal history records, and the processing fee required by the FBI for a national criminal history records check. 6-304. To apply for a license or registration, an applicant shall: - ANSWER Submit an application on the form that the Board requires, submit evidence of compliance, and pay the application fee 6-304. The Board shall issue a license or registration to any applicant who: - ANSWER Pays the fee and meets the requirements

6-304. The Board shall include on each license and registration that the Board issues: - ANSWER The seal of the Board and the kind of license or registration. 6-304. On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 6-303 of this subtitle, in determining whether to grant a license or registration, the Board shall consider: - ANSWER the age at which the crime was committed, the circumstances surrounding the crime, length of time that has passed, subsequent work history, employment and character references, and any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. 6-305. - Notice - At least 1 month before the license or registration expires, the board shall send to the licensed massage therapist or registered massage practitioner a renewal notice that states: - ANSWER The date on which the current license expires, the date by which the renewal application must be received by the Board, the renewal fee. 6-305. Requirement - Before a license or registration expires, the lmt periodically may renew it for an additional term, if the lmt: - ANSWER is entitled to be licensed or registered, submits to renewal application, pays renewal fee 6-306. The Board may not reinstate the license of a former lmt who fails to apply for reinstatement of the license or registration within _______ - ANSWER 5 years 6-306. If the Board does not reinstate a license, a former lmt may apply for a new license or registration by - ANSWER meeting the requirements in effect at the time of application and any additional requirements determined by the Board. 6-306. If an lmt fails for any reason to renew a license or registration, the Board shall reinstate the license if the former lmt: - ANSWER Applies to the Board for reinstatement within 5 years, meets the renewal requirements of 6-305, and pays the reinstatement fee. 6-306.1 - Display of license - ANSWER Each holder shall display license where holder practices.

6-307. Surrender of license. - ANSWER Unless the Board agrees, an lmt may not surrender the license nor may the license lapse by operation of law while an lmt is under investigation or while charges are pending 6-308. the Board may deny a license or registration to an applicant, place any licensee on probation, or suspend or revoke the license of a licensee if the applicant: - ANSWER Attempts to obtain license for another, fraudulently uses a license, is disciplined by disciplinary authority of any other state or country, knowingly files a false report, give false information, negligent practices, fails to submit criminal history record, etc. 6-308. Penalty for breaking the rules of title 6-308 (any reason to license suspended or revoked). Suspended licenses must be returned to the board. - ANSWER a penalty not exceeding $ 5,000 in lieu of or in addition to suspending or revoking the license , reprimanding the holder, or placing holder on probation. 6-309. - Hearing - the Board shall give the individual against whom the action is contemplated an opportunity for: - ANSWER Hearing, notice procedure, subpoenas/oaths, ex parte hearing, costs 6-310. - Judicial Review - any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. They may not: - ANSWER appeal to the secretary but may take a direct judicial appeal 6-311. - An action may be maintained in the name of the State or the Board to enjoin: - ANSWER The unauthorized practice of massage therapy or Conduct that is a ground for disciplinary action 6-311. An action under this section may be brought by: - ANSWER The Board in its own name; The Attorney General or A State's Attorney in the name of the State. 6-311. An action under this section may be brought in the county where the

defendant: - ANSWER resides or engages in the act sought to be enjoined 6-311. an action under this section may not be brought against an individual who - ANSWER is authorized to practice a health occupation is authorized to practice massage therapy 6-401. - Advertising/Solicitation - An lmt may use a trade name in connection with the practice of massage therapy provided that: - ANSWER The use of the trade name is not misleading, the advertisement includes the name of the lmt or business, the name appears billing invoices and receipts, treatment records are maintained that clearly identify the lmt 6-402. Referrals to unlicensed therapists prohibited. A health care provider who is licensed or certified under this article may not: - ANSWER refer patients to an individual who is not an lmt 6-403. Reimbursements by health insurance entities. This subtitle does not require a nonprofit health service plan, an insurer, a health maintenance organization, or a person acting as a third party administrator to - ANSWER reimburse an lmt for any services rendered 6-404. Massage therapist and practitioner rehabilitation committee is a committee of the Board or a committee of an association that represents at least 250 licensed massage therapists in the State that: - ANSWER Is recognized by the Board, includes lmt, and evaluates & assist lmt who needs rehabilitation 6-404. Scope of authority. -- A rehabilitation committee of the Board or recognized by the Board may function: - ANSWER Solely for the Board; or jointly with a rehabilitation committee representing another board 6-404. - A person who acts in good faith and within the scope of the jurisdiction of a massage therapist and practitioner rehabilitation committee is not civilly liable for any action as a member of the committee or for giving information to, participating in, or contributing to the function of the committee. - ANSWER Good faith exemption from civil liability

6-405. Ordinance and regulation of Charles County - ANSWER the Director of the Charles County Health Department and the Office of the Sheriff for Charles County have the authority to carry out the provisions of the ordinances or regulations 6-405. Ordinance and regulation of Washington County - ANSWER the Washington County Health Officer and the Office of the Sheriff for Washington County have the authority to carry out the provisions of the ordinances or regulations 6-405. Ordinance and regulation of Howard County - ANSWER the Howard County Health Officer and the Howard County Police Department have the authority to carry out the provisions of the ordinances or regulations 6-501. Practicing without license. - ANSWER An individual may not practice massage unlicensed 6-502. - Misrepresentation - Unlicensed individuals may not ________ Registered Massage Practitioners may not _______ - ANSWER Advertise or claim to be therapist; work in a health care setting 6-502. In Charles County and Washington County, an individual may not perform a massage or offer to perform a massage on another individual for compensation unless - ANSWER The individual is licensed; law enforcement officers in these counties may demand proof 6-503. A person may not buy, sell, or fraudulently obtain: - ANSWER A license/registration or any diploma/degree 6-504. - Penalties - - A person who practices or attempts to practice massage therapy without a license in violation of 6-501 of this subtitle or represents to the public in violation of 6-502 of this subtitle that the person is authorized to practice massage therapy is guilty of a misdemeanor and on conviction is subject to: - ANSWER first offense = fine not exceeding $2,000 or imprisonment not exceeding 6 months. Second offense = fine not exceeding $6,000 or imprisonment not exceeding 1 year. 6-504. Convicted person shall reimburse court reporting services and expert witness fees to: - ANSWER the Board

SUBTITLE 6 & 7. SHORT TITLE; TERMINATION OF TITLE - ANSWER no effect after July 1, 2026. CEUs required for license renewal - ANSWER 24 hours every 2 years & CPR