Massage therapists are placed in a position of trust with clients. These therapists have unsupervised physical contact with their clients. A violation of this trust is in direct opposition to the Standards of Practice and Code of Ethics of NCBTMB. Below is a three-tiered review system for NCBTMB certification applicants with a conviction, plea of guilty, nolo contendere, or no contest to any misdemeanors and felonies.
1. Convictions Resulting in Denial of Certification - No Appeal
Convictions of certain crimes present an unreasonable risk to clients. Board Certification will be denied in the following cases with no possibility of appeal:
- Sexual misconduct where the victim's consent was not given, such as forcible rape.
- Murder or attempted murder, manslaughter (except involuntary manslaughter).
- Other felony convictions of violence against persons, committed within the last seven years including - but not limited to - assault or battery with a dangerous weapon, aggravated assault or battery, or kidnapping.
2. Convictions Resulting in Denial of Certification - Appealable
Convictions of certain crimes present an unreasonable risk to clients. Therefore, any NCBTMB applicants with a history of any felony, or misdemeanor crime set forth below shall be initially denied certification in all cases. With the exception of convictions referenced in Section 10.1, these certification decisions may be appealed.
- Sexual Crimes: Crimes involving prostitution or other forms of sexual misconduct not referenced in Section 10.1.1;
- Violent Crimes: Serious crimes of violence against persons, committed seven years ago or more, including—but not limited to—involuntary manslaughter, kidnapping, arson, and aggravated assault and/or battery with a dangerous weapon;
- Work Release, Parole, Probation: Applicants currently on work release, parole, or felony probation;
- Illegal Drugs (Felony): Felonies involving illegal drugs and/or controlled substances, including unlawful possession or distribution or intent to distribute unlawfully, all substances set forth in Schedules I through V of the Uniform Controlled Substances Act, as amended;
- Illegal Drugs (Misdemeanor): Misdemeanors involving illegal drugs and/or controlled substances, including all substances set forth in Schedules I through V of the Uniform Controlled Substances Act, as amended;
- DUIs: Crimes involving (but not limited to) driving while under the influence or ability impaired after a 3rd conviction;
- Assault and/or Battery: Misdemeanors involving assault and/or battery (without a dangerous weapon).
- Crimes Against Property (Felony): Felonies involving serious crimes against property, such as grand larceny, robbery, burglary, embezzlement or fraud.
- Crimes Against Property (Misdemeanor): Misdemeanor crimes against property, such as larceny, burglary, robbery, embezzlement or fraud.
3. Possible Denial of Certification
Applicants with convictions that do not include any of the conditions set forth above may be denied certification after careful consideration of the following factors:
- The seriousness of the crime;
- Whether the crime was violent in nature;
- Whether the applicant has multiple convictions;
- Whether the crime involved a minor, the elderly or a person of diminished capacity;
- How much time has elapsed since the crime was committed;
- Whether the crime relates to client care;
- Whether the applicant was truthful and not misleading in explaining the terms and circumstances of their felony conviction.