Massage and bodywork therapists work to bring relief, relaxation, and healing to the lives of their clients. Because of the intimate nature of this profession, the Board of Massage and Bodywork Therapy is vigilant about enforcing strict standards of ethics and professionalism.
Discovering that you have been the subject of a board complaint can be a deeply troubling experience and the consequences of disciplinary action can have short and long term effects on your career. If you are facing an investigation or sanctions, acting quickly can mitigate damage to your reputation and keep you in good standing with the board.
As challenging as it may be, your first order of business after being notified of disciplinary proceedings is remaining calm. It’s critical that you read the notice carefully and completely to understand the nature of the complaint.
The notice is also likely to contain important information about the date, time, and location of your hearing. Disciplinary proceedings are typically scheduled weeks in advance in order to allow you time to prepare and respond, but choosing to ignore the notice will drastically limit your options as the date approaches.
The Board of Massage and Bodywork Therapy is required to investigate and respond to all complaints. Your disciplinary notice should reference a specific incident or concern, which, valid or not, will provide you with critical direction for preparing your defense.
Some of the most common complaints filed against massage and bodywork therapists allege:
Navigating a disciplinary investigation can be complex and high-stakes. Consulting a professional license defense attorney early in the process is one of the best moves you can make to protect your massage license and reputation.
A lawyer with experience in license defense will understand the disciplinary process and can help you identify mitigating factors and organize evidence in support of your defense. They can also represent you during your hearing in the event that your case isn’t dismissed.
Even if you feel that the allegations against you are the result of a simple misunderstanding, qualified legal help is an investment that can pay off over the lifetime of your career. Because the work that massage therapists do often requires so much vulnerability on the part of clients, a sterling reputation is particularly important. Having a legal professional by your side can improve your chances of achieving a favorable outcome.
Preparation is key to presenting a strong defense. Gather all relevant records, including client files, appointment logs, and correspondence related to the case. Thorough documentation can help establish a clear picture of your conduct and demonstrate your adherence to legal and professional standards.
Whether you plan to dispute the allegations entirely or admit fault, your attorney can work with you to present important context and mitigating factors to the board.
Although each professional licensing board operates differently, most disciplinary hearings follow a similar format.
Hearings typically involve an opening statement by the board, a presentation of evidence, and questioning of the therapist and any witnesses. The board may also ask questions to clarify details of the case. An experienced professional license defense attorney can help you anticipate the board’s questions and prepare clear, honest, and strategically informed responses.
Following the hearing, the board will render a decision.
Once you’ve received the board’s decision, it’s important to understand your options and responsibilities.
If the outcome is unfavorable, you may have the right to appeal. If you are considering an appeal, consult with your attorney right away as appeals often have strict deadlines and specific procedural requirements. It’s critical that you abide by the board’s orders, including respecting limitations on your license, while you work towards resolution. Failing to comply could result in further action against your license.
Once the process is behind you, it’s helpful to focus on preserving or rebuilding your professional reputation. In addition to any remediation required by the board, you may want to take additional training courses, join professional associations, or invest in continuing education as a demonstration of your commitment to an ethical practice.
When handled proactively, this stressful situation can be a catalyst for continued learning and professional growth.
