North Dakota Administrative Code Title 49 - Massage Therapy, Board of
North Dakota Administrative Code (NDAC)
Title 49 — Board of Massage Therapy
Overview
Title 49 of the ND Administrative Code governs the Board of Massage Therapy in North Dakota. This Board is the regulatory agency responsible for licensing, regulating, and disciplining massage therapists within the state.
The primary goal is to protect public health and safety by ensuring massage therapists meet professional standards of education, conduct, and competency.
Key Provisions of NDAC Title 49
1. Licensing Requirements
To practice massage therapy legally in North Dakota, individuals must obtain a license from the Board.
Requirements typically include:
Completion of a Board-approved massage therapy education program
Passing a recognized examination (often the Massage & Bodywork Licensing Examination - MBLEx)
Submission of an application with supporting documentation and fees
The Board may also license massage therapy instructors and schools.
2. Scope of Practice
The rules define what constitutes massage therapy and the permissible scope of practice.
They clarify that licensed massage therapists may provide services related to soft tissue manipulation for therapeutic purposes but are prohibited from practicing medicine or other health professions unless separately licensed.
3. Continuing Education
To maintain licensure, therapists must complete continuing education (CE) hours as specified by the Board.
CE ensures that licensees remain current on best practices, ethics, and new developments.
4. Professional Conduct and Discipline
Title 49 establishes standards of professional conduct.
The Board may investigate complaints related to negligence, unethical behavior, unprofessional conduct, or violations of the rules.
Disciplinary actions can include reprimands, license suspension or revocation, fines, and conditions on practice.
Licensees are afforded due process, including notice of charges and opportunities for hearings.
5. Application and Renewal Procedures
The Board outlines procedures for applying for initial licenses, renewing licenses, and reinstating expired licenses.
Renewals require submission of CE records and payment of fees.
6. Board Governance
The composition, meeting procedures, and administrative operations of the Board are also governed by these rules.
Public transparency and compliance with open meetings laws are emphasized.
Relevant Legal Principles and Case Law
While there may be limited published case law specifically from North Dakota involving the Massage Therapy Board, general legal principles governing professional licensing boards provide useful guidance:
1. Authority to License and Discipline
The Board’s authority to license practitioners and discipline licensees is derived from state statute and administrative rules.
Courts generally defer to boards' expertise unless decisions are arbitrary, capricious, or violate statutory authority.
Example principle: Boards must act within their delegated powers and follow procedural safeguards.
2. Due Process Requirements
Licensees subject to disciplinary action have a constitutional right to due process, including:
Proper notice of the charges
Opportunity to be heard in a fair hearing
Right to present evidence and cross-examine witnesses
Courts have overturned disciplinary decisions where procedural due process was not provided.
3. Scope of Practice Limitations
Cases sometimes arise regarding unlicensed individuals practicing massage therapy or licensees exceeding their scope.
Courts and Boards have authority to enforce scope of practice rules, ensuring public protection.
Enforcement actions may include injunctions against unlicensed practice.
4. First Amendment Considerations
Occasionally, disciplinary actions involving advertising or communication by massage therapists raise First Amendment questions.
Courts balance free speech rights with the state's interest in regulating professional practice to prevent misleading claims or unethical advertising.
Hypothetical Case Example
Suppose a licensed massage therapist in North Dakota advertises services beyond the scope allowed by the Board (e.g., implying medical diagnoses or treatments). The Board investigates and issues a reprimand. The therapist appeals, claiming the Board’s action violates free speech.
A court reviewing the case would likely uphold the Board’s action if the advertising was misleading or deceptive and exceeded regulatory limits, emphasizing consumer protection over unrestricted speech.
Summary Table
| Aspect | Details |
|---|---|
| Governing Authority | ND Administrative Code Title 49; related state statutes |
| Licensing | Requirements for education, examination, application |
| Scope of Practice | Defined limits on services provided |
| Continuing Education | Mandatory for license renewal |
| Disciplinary Actions | Investigation, hearings, sanctions for violations |
| Legal Principles | Board authority; due process; scope enforcement; free speech balance |
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