Maryland Jurisprudence Exam (Massage)CORRECT Questions & answers verified 100%, Exams of Law

Download Maryland Jurisprudence Exam (Massage)CORRECT Questions & answers verified 100% and more Exams Law in PDF only on Docsity! Maryland Jurisprudence Exam (Massage)CORRECT Questions & answers verified 100% 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 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