Photo by Ruben Valenzuela on Unsplash
This isn't the first time I've soap-boxed about how disciplinary actions against professional licenses are often publicly accessible records.
Because I had time and curiosity, I recently went through the Maine.gov Regulatory Licensing & Permitting database to search disciplinary actions against Maine massage therapists, again, and created a more detailed list of the violations and consequences. (Massachusetts has a similar database but information on specific disciplinary actions require a public records request. I'm not going through all the other 48 states plus Washington, D.C. -- you're welcome to do that on your own time.)
Maine's Obvious Infractions:
- Practicing Without a License
- Offering to perform and then performing massage services for compensation (monetary or otherwise) without a license
- Incomplete Licensing Application (Missing CPR/First Aid Requirement)
- Working on an Expired License
- Engaging in Inappropriate Behavior and Misconduct During a Massage Therapy Session
- Improper Draping
- "Pelvic Floor Work." :| Not within our scope of practice as massage therapists and forbidden by the laws and rules set forth in Maine's Massage Therapy Program.
Perhaps Less Obvious Cases of "Misrepresentation and Making Fraudulent Statements in Obtaining a License:"
- "Have you ever been convicted by any court of any crime?" Such as...
- Violating Condition of Release
- Criminal Trespass
- Criminal Mischief from 1998, not disclosed in 2012
- Furnishing Liquor to a Minor from 1999, not disclosed in 2014
- Disorderly Conduct, Offensive Words, Gestures from 1982 and 1983, not disclosed in 2013
- Theft of Services (Class E) from 1980, not disclosed in 2019
- Operating Under the Influence in 2007, not disclosed in 2014
- "Have you ever held a professional license/certification/registration in this or any other state/country?"
- Failing to disclose registered professional licenses from other states and/or Washington, D.C.
- "Has any jurisdiction taken disciplinary action against any professional license you hold or have held, or denied your application for licensure?"
- Failing to disclose a disciplinary action against a license in one's current state, other states, and/or Washington, D.C.
Consequences, per Publicly Recorded Consent Agreements:
- Warning/Reprimand
- Denial, Surrender, or Revocation of Licensure
- Agreement to Never Reapply for Licensure
- Civil Penalties and Sanctions, such as paying fees ($200-$270)
Massachusetts Violations through Inspections or Complaints:
- Sexual Misconduct
- Unprofessional Conduct
- Inappropriate Conduct with a Patient or Client
- Fraud
- Failure to Adhere to Standards of Practice
- Employing Unlicensed Individuals
- Unlicensed Place of Business
- Operating w/an Expired or Inactive License
- No License on Premise
- Advertising Violations
- Sanitary Standards
- Multiple Violations at Once
Consequences Listed:
- Probation
- Fines Assessed
- Conditions Placed
- Continuing Education Required
- Voluntary Surrender, Suspension or Revocation of License
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