Maryland Massage Therapy Jurisprudence Exam: Key Regulations and Requirements, Exams of Law

Download Maryland Massage Therapy Jurisprudence Exam: Key Regulations and Requirements and more Exams Law in PDF only on Docsity!

2024 Massage Therapy Jurisprudence

Exam Maryland Accurate !!.

HIPAA regulations require you to keep adult patient records for - ANSWER 6 years HIPAA regulations require you to keep minor patient records for - ANSWER until they are 21 or 5 years after the record is made How long do you have to release patient records to the patient? - ANSWER 24-48 hours What fees can you charge for providing patient records? - ANSWER .68 per page- 20.52 preparation fee- and shipping and handling If the patient doesn't pay you for the records - ANSWER you can withhold them - but you can't withhold them if they owe you for services but pay your record fees. If you die - ANSWER your estate must publish a notice in a daily newspaper for two weeks stating the records will be destroyed or transferred To destroy records - ANSWER you have to shred or incinerate them 20-102(f) allows you to - ANSWER release minor's health information to parent How do you report child abuse? - ANSWER you must report possible child abuse or neglect to local authorities and make an oral and written report of the details What must a child abuse report contain? - ANSWER name - age - address of minor patient and guardian - whereabouts - nature and extent - cause - and identity of individuals

who regulates massage therapists? - ANSWER Maryland department of health & mental hygiene What's the name of the regulations? - ANSWER COMAR-Code of Maryland Regulations if you don't get a renewal notice - ANSWER notify the board at least 15 days before the expiration date If your registration expires - ANSWER you can pay a late fee ($ 200) in addition to the renewal fee ($50)within 30 days- or reinstatement fee ($ 200)+ renewal fee ($50) after 30 days If your registration expired 2 years ago - ANSWER you have to comply with whatever new laws are in effect- you're not grandfathered in You may be place in inactive status - ANSWER if you pay biennially ($250)and complete the application you may reactivate your certificate - ANSWER by paying the reactivation fee $ If there's a mistake on your certificate - ANSWER you can get a free corrected duplicate within 6 weeks - request in writing if you don't receive your certificate within 6 weeks - ANSWER then let the board know within 4 months from the date of registration - request in writing If you practice in more than one location - ANSWER you can get a duplicate certificate - by paying fee and requesting in writing. (Duplicate License Registration$ 40 Duplicate License or Registration ordered at Renewal$ 20) Failure to notify board of address change can cost you - ANSWER $

"Non bona fide treatment" means - ANSWER non-therapeutic sexual contact "Sexually exploitative" relationship means - ANSWER sexual contact within time period during or following therapeutic relationship even if mutually consensual "therapeutic deception" - ANSWER misrepresentation of sexual conduct as treatment The certificate or registration is primarily concerned with the - ANSWER welfare of the client If you are impaired from practicing - ANSWER you must seek professional treatment and not practice until accommodations can be made True or False :you must report any non-compliance - ANSWER true you cannot discriminate on the basis of - ANSWER age gender sexual orientation disability natonality origin religion or race you must maintain written records of treatment for - ANSWER at least 5 years after termination of treatment Ethics violations can cost you - ANSWER $ If you are registered but not certified you may not advertise - ANSWER health-related therapeutic massage you may not advertise - ANSWER if you're a visiting pracitioner - pending - or suspended or revoked Certificate holders shall complete a CEU min of - ANSWER 24 hours in 2 years 3 in ethics or jurisprudence

• 3 in communicable disease education - 18 hours in massage related courses

the break down of CEU hours is - ANSWER 24 hours - 3 in ethics or jurisprudence - 3 in communicable disease education - 18 hours in massage related courses You are exempt from CEU requirements if you - ANSWER are initally certified within 12 months of renewal date - have petitioned for hardship 90 days before renewal date application fee is - ANSWER $ certification fee is - ANSWER $ State Examination Fee (New Fee effective January 2010) - ANSWER $ Re-examination fee - ANSWER $ Biennial renewal fee - ANSWER $ Late renewal fee - ANSWER $ Reinstatement Fee (After 31 days of expiration of Certificate or Registration, in addition to Renewal and Late Fees) - ANSWER $ Inactive renewal fee - ANSWER $ Duplicate License Registration and Duplicate License or Registration ordered at Renewal - ANSWER $40/$ 20 duplicate certificate ordered at renewal - ANSWER $ verification fee - ANSWER $

penalty for returned checks - ANSWER $ Mailing labels or rosters Fee: - ANSWER $ penalty for old address - ANSWER $ What is the Scope of regulations? - ANSWER they don't regulate anything you're already approved for by something else "Massage Therapy" includes - ANSWER myotherapy- use of cold and heat- & nonlegend topical applications "Massage Therapy" does not include - ANSWER diagnosis- treatment of illness disease or injury- chiropractic- or energetic work like reiki or polarity therapy "Practice non-therapeutic massage" means - ANSWER getting paid outside of a "health care facility" "Registered massage practitioner" means - ANSWER registered to "practice non-therapeutic massage" "registration" proves - ANSWER as a student - for 30 days (no more than 7 consecutive) if you're qualified in another state per year - if your application is pending - on a family member - as an athletic trainer - as a govt. employee - as a cosmetologist Applicants must - ANSWER be 18 or older - of good morals - complete the application - pay - pass NCETMB - 500 hours (100 anatomy) - 60 college credits Certificates issued are valid for no more than - ANSWER 2 years You have 60 days to provide - ANSWER proof of passing the NCETMB If you move or change names you have to - ANSWER notify the board within 60 days

you have to display your certificate - ANSWER conspicuously- even in temporary places You should get a renewal notice - ANSWER by first class mail 30 days before current certificate or registration expiry detailing date of expiry and amount of renewal fees CEU processing fee per hourly unit - ANSWER $25 per credit hour- $600 total for 24 units MHCC is - ANSWER Maryland health care commission The Massage Therapy Advisory Committee - ANSWER consists of 6 members appointed by the board- 2 chiropractors and 4 MTs Non-therapeutic massage practitioners may not practice in - ANSWER a health care provider's office or a hospital

1. "Massage therapy" means - ANSWER the use of manual techniques on soft tissues of the human body including effleurage (stroking), petrissage (kneading), tapotement (tapping), stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well-being. "Practice massage therapy" - ANSWER means to engage professionally and for compensation in massage therapy. "Practice non-therapeutic massage" - ANSWER means to engage professionally and for compensation in massage therapy in a setting that is not a health care facility. Registered massage practitioner" - ANSWER means an individual who is registered by the Board to practice non-therapeutic massage. "Registration" means, - ANSWER unless the context requires otherwise, a registration issued by the Board to practice non-therapeutic massage.

The Board shall adopt regulations for the: - ANSWER (1) Licensure and practice of massage therapists; and (2) Registration and practice of massage practitioners. Requirements and qualifications for licensure and registration. - ANSWER (a) To qualify for a license, an applicant shall be an individual who: (1) Is of good moral character; (2) Is at least 18 years old; (3) Has satisfactorily completed at least 60 credit hours (4) Has completed 500 hours of education in a Board approved program for the study of massage therapy that includes the following areas of content: (i) Anatomy and physiology; (ii) Massage theory, techniques, and practice; (iii) Contraindications to massage therapy; and (iv) Professional ethics; and (5) Has passed an examination approved by the Board. Waiver authority - ANSWER the Board may waive any requirement of this subtitle for an applicant who is registered, certified, or licensed to practice massage therapy in another state. (b) The Board may grant a waiver under this subsection only if the applicant: (1) Pays the application fee set by the Board; and (2) Provides adequate evidence that the applicant: (i) Has completed educational requirements that the Board determines to be equivalent to the Board approved educational requirements in this State; (ii) At the time the applicant became certified, registered, or licensed in the other state, passed in that state or any other state an examination that the Board determines to be equivalent to the examination required in this State; and (3) Is of good moral character. Non-therapeutic massage practitioners - ANSWER An individual who is registered to practice non- therapeutic massage may not practice in a medical health care provider's office, hospital, or other health care facility for the purpose of providing massage.

IN order to apply you must: - ANSWER Submit an application on the form that the Board requires Submit evidence of compliance with the requirements Pay the application fee §3-5A-11. Denials; suspensions; revocations. - ANSWER (a) Subject to the hearing provisions of § 3- of this title, the Board may deny a license or registration to any applicant, reprimand any licensee or registration holder, place any licensee or registration holder on probation, or suspend or revoke the license of a licensee or the registration of a registration holder if the applicant, licensee, or registration holder: (1) Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant or for another; (2) Fraudulently or deceptively uses a license or registration; (3) Is disciplined by a licensing, certifying, or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section; (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; (5) Willfully and knowingly: (i) Files a false report or record of an individual under the care of the license holder or registration holder; or (ii) Gives any false or misleading information about a material matter in an employment application; (6) Knowingly does any act that has been determined by the Board, in its regulations, to exceed the scope of practice authorized to the individual under this subtitle; (7) Provides professional services while: (i) Under the influence of alcohol; or (ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; (8) Does an act that is inconsistent with generally accepted professional standards in the practice of massage therapy; (9) Is neglig

Scope of subtitle ( other licences held) - ANSWER This subtitle does not limit the right of an individual to practice or advertise an occupation that the individual is otherwise authorized to practice under the Maryland Annotated Code. §3-5A-13. Advertising. - ANSWER (a) The Board shall adopt rules and regulations to establish standards for advertising or soliciting by licensed massage therapists or registered massage practitioners. (b) For purposes of this section, notices mailed to patients to inform them of times for periodic appointments are not advertising or soliciting. (c) A licensed massage therapist or a registered massage practitioner may use a trade name in connection with the practice of massage therapy provided that: (1) The use of the trade name is not deceptive or misleading; (2) The advertisement in which the trade name appears includes the name of the licensed massage therapist or registered massage practitioner or the name of the business entity providing the massage therapy services being advertised, as long as the advertisement includes the name of a licensed massage therapist or registered massage practitioner; (3) The name of the licensed massage therapist or registered massage practitioner providing massage therapy services appears on the billing invoices, stationery, and on any receipt given to a patient; (4) Treatment records are maintained that clearly identify the licensed massage therapist or registered massage practitioner who has performed the massage therapy service for the patient; and (5) The use of a trade name is preapproved by the Board before use. Restriction on referral. - ANSWER A health care provider licensed or certified under this article may not refer patients to a person who is not a licensed massage therapist. Reimbursement by insurer not required. - ANSWER even if services are practiced within scope of massage therapy they need not pay for it Charles and Washington counties. - ANSWER (a) In Charles County and Washington County, the County Commissioners may adopt ordinances or regulations relating to massage establishments and the practices of massage therapists, massage practitioners, and any other individuals who provide massage for compensation. (b) (1) The Charles County Commissioners shall provide that 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 adopted under subsection (a) of this section.

(2) The Washington County Commissioners shall provide that 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 adopted under subsection (a) of this section. "Health care facility" means: - ANSWER A hospital A limited service hospital, An ambulatory surgical facility; An inpatient facility A home health agency A hospice Any other health institution, service, or program "Massage therapy" - ANSWER means the use of manual techniques on soft tissues of the human body including effleurage (stroking), petrissage (kneading), tapotement (tapping), stretching, compression, vibration, and friction. "Massage therapy" includes massage, myotherapy, and synonyms or derivatives of these terms, with or without the aid of: - ANSWER (i) Cold packs; (ii) Nonlegend topical applications; or (iii) Heat limited to hot packs and heating pads. "Massage therapy" does not include the - ANSWER (i) Diagnosis or treatment of illness, disease, or injury; (ii) Adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the body or spine; or (iii) Laying on of hands, consisting of pressure or movement, with the exception of such techniques described in §B(7)(a) of this regulation on a fully clothed individual to specifically affect the electromagnetic energy or energetic field of the human body. "Massage therapy education program" - ANSWER means a course of study that prepares individuals in subjects related to the knowledge, techniques, skills, and abilities used in the practice of massage therapy.

"Practice massage therapy" - ANSWER means to engage professionally and for compensation in massage therapy. "Practice non-therapeutic massage" - ANSWER means to engage professionally and for compensation in massage therapy in a setting that is not a health care facility. An individual shall be licensed by the Board in order to practice massage therapy, and shall be registered by the Board in order to practice non-therapeutic massage, except for the following: - ANSWER A. A student B. An individual who has qualified to practice massage therapy in another state and the individual is in Maryland for not more than 7 consecutive days, or a total of 30 days during a period of 1 calendar year; C. A family member D. An athletic trainer E. An individual employed by the federal government F. A Cosmetologist