Criminal Conviction Policy

Criminal Conviction Policy

Revised February 2015

Massage therapists are placed in a position of trust with patients.  These therapists have unsupervised physical contact with their patients.  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.      Unreviewable Denial of Certification

Convictions of certain crimes present an unreasonable risk to patients.  Therefore, any NCBTMB applicants with a history of any felony or misdemeanor crime set forth below shall be denied certification in all cases.

  1. Crimes involving prostitution, sexual or physical abuse, and sexual misconduct.
  2. Serious crimes of violence against persons, including but not limited to, murder, attempted murder, manslaughter (not including involuntary manslaughter) kidnapping, arson, rape, and assault and/or battery with a dangerous weapon.
  3. Applicants currently on work release or on parole.
  4. Felonies in which applicants are currently on probation
  5. 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.
  6. Felonies involving serious crimes against property, such as grand larceny, robbery, burglary, embezzlement or fraud.

2.      Reviewable Denial of Certification

Any applicant who has a history which falls into the following categories may be denied certification except for circumstances where the applicant can show by clear and convincing evidence that their certification will not endanger public safety.

  1. 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.
  2. Crimes involving (but not limited to) driving while under the influence or ability impaired after a 3rd conviction.
  3. Misdemeanor crimes against property, such as larceny, burglary, robbery, embezzlement or fraud.
  4. Misdemeanors involving assault and/or battery (without a dangerous weapon)

       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:

  1. The seriousness of the crime;
  2. Whether the crime was violent in nature;
  3. Whether the applicant has multiple convictions;
  4. Whether the crime involved a minor, the elderly or a person of diminished capacity;
  5. How much time has elapsed since the crime was committed;
  6. Whether the crime relates to patient care;
  7. Whether the applicant was truthful and not misleading in explaining the terms and circumstances of their felony conviction.