Maryland Massage Therapy Jurisprudence Exam Study Guide, Exams of Law

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Maryland Massage Therapy

Jurisprudence Exam Study October 2024

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S6-101 MD Annotated Code Health Occupations "Board" means - ANSWER State Board of Massage Therapy Examiners S6-101 MD Annotated Code Health Occupations "Health care setting" means - ANSWER Office of a health care provider or a health care facility such as a hospital S6-101 MD Annotated Code Health Occupations "License" means - ANSWER The document issued by the Board to an individual qualified to practice massage therapy (in any setting including health care) S6-101 MD Annotated Code Health Occupations "Licensed Massage Therapist" means - ANSWER An individual who is licensed by the Board to practice massage therapy S6-101 MD Annotated Code Health Occupations "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, & friction. or laying on of hands to affect energy field if it also includes use of manual techniques above with or without heating pads, cold water, nonlegend topical applications

for purpose of improving circulation, enhancing relaxation, relieving muscular pain and stress, promoting health and wellbeing 10.65.07.02 COMAR Application fee - ANSWER $ 10.65.07.02 COMAR certification/license fee - ANSWER $ 10.65.07.02 COMAR (lists ceiling fee), https://health.maryland.gov/massage/Pages/fees.aspx (actual fee tested on exam) jurisprudence exam fee - ANSWER $ 10.65.07.02 COMAR biennial renewal fee - ANSWER $ 10.65.07.02 COMAR reexamination fee - ANSWER $ 10.65.07.02 COMAR late renewal fee w/in 30 days of license/registration expiration, in addition to renewal fee - ANSWER $ 10.65.07.02 COMAR S6-101 MD Annotated Code Health Occupations "Massage Therapy" does NOT include - ANSWER diagnosis or treatment of illness, disease, or injury adjustment, manipulation, or mobilization of any of the articulations of the osseous (bone) structures of the body or spine (chiropractic work)

laying on of hands to specifically affect the electromagnetic energy or energetic field of the human body with exceptions outlined in definition of massage therapy 10.65.01.04 COMAR "Massage Therapy Education Program" means - ANSWER a course of study that prepares individuals in subjects related to the knowledge, techniques, skills, & abilities used in the practice of massage therapy. S6-101 MD Annotated Code Health Occupations "Practice Massage Therapy" means - ANSWER to engage professionally and for compensation in massage therapy S6-101 MD Annotated Code Health Occupations "registered massage practitioner" means - ANSWER an individual who is registered by the Board to practice massage therapy in a setting that is NOT a health care setting. S6-101 MD Annotated Code Health Occupations "registration" means - ANSWER unless context requires otherwise, a document issued by the Board to practice massage therapy in a setting that is NOT a health care setting. S6-401 MD Annotated Code Health Occupations Mailing of notices to patients for appointment reminders is - ANSWER not considered advertising S6-401 MD Annotated Code Health Occupations Trade name requirements - ANSWER Not misleading Ads, treatment records, invoices with trade name include name of practitioner or business entity S6-402 MD Annotated Code Health Occupations Referrals to unlicensed massage therapists - ANSWER are prohibited

S6-404 MD Annotated Code Health Occupations Purpose of rehabilitation committee - ANSWER Assist in drug and alcohol rehab of massage therapists S6-502 MD Annotated Code Health Occupations Protected advertising terms include - ANSWER Massage, massage therapy, myotherapy, LMT, RMP Health-related therapeutic massage for RMPs S6-504 MD Annotated Code Health Occupations Penalty for practicing without license or misrepresentation - ANSWER Pay court costs for the Board First offense: $2000 or 6 months jail Second offense: $6000 or 1 year jail 10.65.04.03 COMAR You may not advertise under the following conditions - ANSWER You are a visiting practitioner from another state Pending application Suspended or revoked license 10.65.04.03 COMAR Advertisements must include - ANSWER State of MD LMT or RMP, license status Practice or business name

Name Practice or business address & number 10.65.04.03 COMAR Advertisements may not include - ANSWER Deceiving or misrepresentation of facts, benefits, qualifications, fees Corporate or political lobbying 10.65.05.01 COMAR Continuing education/CEU requirements - ANSWER 24 hrs in 2 years by October of each renewal year, of which:

• 3 in ethics or jurisprudence
• 3 in communicable disease education including AIDS/HIV
• 17 hours in massage related courses approved by the Board
• 1 hr in diversity/cultural competency May be live, home study, or online Up to 12 hrs may be through representation at conventions/meetings related to Board pre-approved organizations Reinstatement fee after 31 days of expiration of license/registration, in addition to renewal and late fees

• ANSWER $ 10.65.07.02 COMAR Inactive renewal fee - ANSWER $ 10.65.07.02 COMAR Reactivation fee - ANSWER $

10.65.07.02 COMAR

Duplicate license/registration ordered at renewal fee - ANSWER $ 10.65.07.02 COMAR Duplicate license/registration fee - ANSWER $ 10.65.07.02 COMAR verification fee - ANSWER $ 10.65.07.02 COMAR penalty for returned checks - ANSWER $ 10.65.07.02 COMAR mailing labels/rosters fee - ANSWER $ 10.65.07.02 COMAR CEU/continuing education course processing fee per submission - ANSWER $25 / credit hour 10.65.07.02 COMAR paper copy of laws & regulations fee - ANSWER $ CEs are pre-approved if related to massage, contraindications, business, ethics, jurisprudence, diversity Current CPR Maintain documentation in case of audit 10.65.05.04 COMAR

Requirements for CE approval - ANSWER Submit in writing at least 60 days before course start to Board:

• Title, location, date
• Credit hours
• Qualifications of instructors
• Attendance certifying officer
• Syllabus and books
• Sponsorship of course 10.65.05.03 COMAR Continuing education/CEU requirement exemptions - ANSWER Initially certified within 12 months of renewal date for first renewal cycle Petitioned for hardship 90 days before renewal date 10.65.01.07 COMAR CPR training is required, but - ANSWER does not count toward the 600-hour minimum. 10.65.01.07 COMAR An applicant may attend more than one training institution if: - ANSWER the applicant graduates from a school requiring satisfactory completion of a minimum of 600 classroom hours in massage therapy education. S6-302 MD Annotated Code Health Occupations, 10.65.01.06 COMAR Applicants for massage therapy license must be - ANSWER met requirements for massage therapy registration 60 college credit hours of which at least 24 are health care related OR in addition to 24 credit hours = 360 contact hours of massage health care CE

CPR Basic Life Support certified S6-302 MD Annotated Code Health Occupations, 10.65.01.06 COMAR Applicants for massage therapy registration must be - ANSWER 18 or older, of good morals attended Board-approved massage therapy school passed Board approved exam (MBLEx) criminal history checked Basic CPR certified S6-302 MD Annotated Code Health Occupations, 10.65.01.06 COMAR, 10.65.01.07 COMAR To be eligible for license/registration, massage therapy schools must include - ANSWER Board and Higher Education Commission approval Commission on Massage Therapy Accreditation or similar agency accredited 600 contact hours including

• 100 hours of anatomy & physiology, pathology, kinesiology
• massage theory & practice, contraindications, ethics, research, business, hygiene S6-302 MD Annotated Code Health Occupations License/registration requirements may be waived if - ANSWER Applicant is licensed/certified/registered in another state which has similar educational and examination requirements Applicant pays application fee

good moral character 10.65.01.07 COMAR Correspondence massage therapy courses - ANSWER are NOT recognized by the Board. S6-305 MD Annotated Code Health Occupations Licenses expire - ANSWER on the date set by the Board 10.65.01.08 COMAR The Board shall notify an applicant not approved for licensure/registration by: - ANSWER letter which specifies the reason(s) for disapproval. S6-305 MD Annotated Code Health Occupations Licenses must be renewed - ANSWER every 2 years S6-305 MD Annotated Code Health Occupations the license/registration holder shall notify the Board of any change in the name or address of the license/registration holder by this date or else pay this fee - ANSWER in writing, within 60 days after the change occurs. $ 10.65.01.15 COMAR Board may disclose licensing information if - ANSWER Possible criminal activity or violation of law or risk to public health To law enforcement, healthcare system, government agency

S6-306 MD Annotated Code Health Occupations, 10.65.01.11 COMAR Reinstatement applicants must meet these requirements, otherwise applicants must do this - ANSWER Within 2 years of license/registration expiration Meets renewal requirements Pays late + renewal fee if within 30 days of expiration Pays late + renewal + reinstatement fee past 30 days Otherwise past 2 years must submit application for new license/registration under current laws 10.65.01.08 COMAR The Board may NOT issue a license/registration if: - ANSWER the criminal history records information required is not received. S6-306.1 MD Annotated Code Health Occupations A license holder shall display the license and any current renewal license: - ANSWER conspicuously in the space where the license holder is engaged in practice S6-308 MD Annotated Code Health Occupations Licenses/registrations may be denied/reprimanded/placed on probation/suspended/revoked if: - ANSWER In any state: Fraudulent licensure application or usage in employment Convicted or pleads guilty to any moral crime

Falsifies client records, client payment, or employment history Exceeds scope of practice Practices under influence of alcohol or drugs Violates professional standards Fails to report child abuse Discrimination against HIV+ Does not follow CDC universal precautions No criminal history check S6-308 MD Annotated Code Health Occupations, 10.65.03.09 COMAR Board may charge this fee if action is taken against license or regulations are violated - ANSWER $ S6-309 MD Annotated Code Health Occupations, 10.65.02.05 COMAR Board must do this before denying/reprimanding/suspending/revoking license/registration - ANSWER Hearing presided over by the Board, which practitioner is entitled to counsel Allow for rehearing applications and appeals S6-305 MD Annotated Code Health Occupations You should get a renewal notice - ANSWER by first class or electronic mail 30 days before current certificate or registration expiry

detailing date of expiry, renewal deadline and amount of renewal fee 10.65.01.10 COMAR If you don't receive a renewal notice you must - ANSWER Notify board at least 15 days before expiry S6-305 MD Annotated Code Health Occupations Renewal requirements - ANSWER Meets requirements for licensure/registration Submits renewal application Pays renewal fee 10.65.01.12 COMAR You may be placed in inactive status if - ANSWER if you pay biennial fee and complete the application S6-403 MD Annotated Code Health Occupations Health insurance are not required - ANSWER to reimburse massage therapy 10.65.01.12 COMAR You can reactivate from inactive status if - ANSWER by paying the reactivation fee 10.65.01.13 COMAR If mistake on your certificate - ANSWER you can get a free duplicate if you request in writing within 6 weeks 10.65.01.13 COMAR If you don't receive certificate within 2 weeks - ANSWER you can get a free duplicate if you request in notarized writing within 30 days from the date of registration

10.65.01.13 COMAR

If you practice in more than one location, change name, lose original certificate: - ANSWER Can get duplicate certificate by paying duplication fee, surrenders current registration, legal documentation of change, and requesting in writing 10.65.03.02 COMAR "Non bona-fide treatment" - ANSWER A license/registration holder treats or examines a client in a way that involves sexual contact, but there is no therapeutic reason for the procedure, or the procedure falls outside of scope of practice. 10.65.03.02 COMAR "Sexually exploitative relationship" - ANSWER When sexual contact occurs in an existing therapeutic relationship between the massage therapist and the client or between the instructor & student, or within period of time after formal termination of relationship when client/student may be vulnerable to power imbalance even if the relationship may appear to be mutually consensual. 10.65.03.02 COMAR "Therapeutic deception" - ANSWER when a license/registration holder misrepresents sexual conduct as a legitimate form of treatment or instruction to a client or student. 10.65.03.04 COMAR In relationship w/client, the license/registration holder shall: - ANSWER use professional judgment in the use of evaluation and treatment procedure decline treatment when contraindicated/unjustified terminate with sufficient time for client to find another practitioner assist w/ providing referrals to licensed healthcare practitioners if appropriate

accurately inform of limitations of massage therapy make arrangements for another professional to provide for the clients' needs during anticipated absences when not available 10.65.03.03 COMAR Standards of practice for massage therapy - ANSWER Professional conduct Free from conflict of interest, commercial or otherwise Accurate fee information Respect client dignity, autonomy, privacy Cooperate with Board investigations Report Code violations to the Board or other authority Avoid misrepresentation Avoid contraindicated massage 10.65.03.05 COMAR In relationship w/ client/students, practitioners must NOT - ANSWER Cross boundaries even if client/student initiates Exploit relationships for personal gain including financially or sexually Engage in sexual acts or misconduct

10.65.03.03 COMAR

You cannot discriminate on basis of - ANSWER age, gender, sexual orientation, disability, nationality, origin, race, religion 10.65.03.04 COMAR Unacceptable payments for services - ANSWER May not start or continue unnecessary or ineffective treatment Charge for services different from those actually provided Receive kickbacks for making or accepting referrals Guarantee efficacy unless supported by science 10.65.03.03 COMAR Primary concern of license/registration - ANSWER Ensure welfare of clients 10.65.03.03 COMAR If you are impaired from practicing due to physical/mental/emotional causes - ANSWER you must seek professional treatment and avoid practice until finding suitable accomodations 10.65.03.04 COMAR The license/registration holder shall maintain legible, organized written records of any client under care for at least: - ANSWER 5 years after termination of treatment Make records available to client upon request 10.65.03.06 COMAR

Requirements for informed consent - ANSWER Purpose or nature of treatment, treatment alternatives, side effects and benefits, estimated cost, right to withdraw right to know and consent to educational/research usage 10.65.03.06 COMAR Records can only be disclosed - ANSWER With client's consent or required by law 10.65.06.01 COMAR Client records must contain - ANSWER Name, address, contact info Summarized history Summarized reason for appointment including referral info Billing & insurance documentation SOAP format or equivalent: assessment, contraindications, plan, notes, reflection 10.65.06.02 COMAR Client records are property of - ANSWER License holder if sole proprietor/independent contractor Practice owner if employee 10.65.06.02 COMAR Client records must be - ANSWER kept confidential and secure S4-403 MD Annotated Code Health General You must maintain adult client records for - ANSWER 5 years unless patient is notified S4-403 MD Annotated Code Health General You must maintain minor client records for - ANSWER until 21 or 5 years after record is made, whichever is later unless guardian (or minor in some circumstances) is notified

S4-304 MD Annotated Code Health General You have this amount of time to release copies of records to the patient: - ANSWER "reasonable time" S4-304 MD Annotated Code Health General What fees can you charge for providing patient records? - ANSWER "reasonable cost-based fee"

• $0.76 per page
• $22.88 preparation fee
• Shipping S4-304 MD Annotated Code Health General What happens if the patient can't pay for records? - ANSWER You can withhold, but you can't withhold if they pay the record fee even if they still owe you for other services Exception: government request concerning CPS or adult protective services S4-403 MD Annotated Code Health General What happens to records if you die? - ANSWER Must contact all clients if necessary for destruction of records Your estate must publish a notice in daily newspaper for two weeks stating records will be destroyed or transferred and designating retrieval location S4-403 MD Annotated Code Health General How do you destroy records? - ANSWER Must render records unreadable S4-403 MD Annotated Code Health General Consequences for violating health records policies - ANSWER up to $8.5k fine per practitioner per day, $10k fine for health care facilities

S20-102 MD Annotated Code Health General you can release minor's medical records to - ANSWER parent without prior disclosure to minor excluding abortions S5-704 MD Annotated Code Family Law Suspected child abuse requires - ANSWER oral and written report to CPS/authorities/law enforcement S5-704 MD Annotated Code Family Law Required information in child abuse report - ANSWER Name, age, address of minor's parent/guardian, whereabouts, nature and extent, cause, individual identity of abuser 10.65.07.04 COMAR MHCC - ANSWER Maryland Health Care Commission, which assess health care professional renewal fees S6-201 MD Annotated Code Health Occupations Who regulates massage therapists? - ANSWER State Board of Massage Therapy Examiners under the Maryland Department of Health S6-202 MD Annotated Code Health Occupations What is the composition of the Board? - ANSWER Five LMTs who have practiced for at least 5 consecutive years, two consumer members who have never been LMTs or RMPs All members must not have financial conflicts of interest S6-202 MD Annotated Code Health Occupations Who appoints the Board members? - ANSWER Governor appoints LMTs with advice from Secretary and advice and consent from Senate from a submitted list from an association of at least 250 MD LMTs S6-206 MD Annotated Code Health Occupations, 10.65.01.16 COMAR

What are the functions of the Board? - ANSWER Adopt regulations to enforce the Code Maintain list of LMTs and RMPs Aid in investigations and prosecutions of Code violations Approve education programs S6-207 MD Annotated Code Health Occupations How are licensing fees set? - ANSWER Equivalent to cost of maintaining the Board S6-301 MD Annotated Code Health Occupations, 10.65.01.05 COMAR You don't need a license/registration to practice if: - ANSWER Massage therapy student Qualified in a different state and practicing in MD for no more than 7 days consecutively and no more than 30 days in calendar year Family member practicing on another family member Athletic trainer Government employment Cosmetology beauty salon with permit excluding massage therapy Name of MD state regulations for massage therapists - ANSWER Code of Maryland Regulations (COMAR) Title 10 Subtitle 65 Name of MD state laws for massage therapists - ANSWER Annotated Code of Maryland Health Occupations Title 6

10.65.01.03 COMAR

Scope of regulations - ANSWER Anything that some other regulation approves of is not regulated by massage therapy regulations 10.65.03.07 COMAR Scope of practice - ANSWER must practice within limits of training and qualifications must obtain training as needed to perform new techniques and services maintain current license or registration 10.65.01.04 COMAR "State Board of Massage Therapy Examiners Jurisprudence Examination" means - ANSWER assessment of knowledge of statutes and regulations governing massage therapy in MD 10.65.08.02 COMAR Applicants with disabilities may - ANSWER request modifications in exam materials by application deadline through written request with letter from medical professional and letter from education program 10.65.07.03 COMAR Fees are - ANSWER non-refundable with exception of exam fee provided applicant applies 14 days before exam