Massage Therapy Act (MTA)

Describe the scope of practice for massage therapy.

- The assessment of the soft tissue and joints of the body and the treatment and prevention of physical dysfunction and pain of the soft tissues and joints by manipulation to develop, maintain, rehabilitate or augment physical function, or relieve pain

Describe restricted titles.

- No person other than a member shall use the title "massage therapist"
- No person shall hold themselves out as a person who is qualified to practice in Ontario

What is the offence for illegal practitioners?

- $25,000 for a first offence
- $50,000 for a second or subsequent offence

Describe transitional massage therapists.

- Anyone who was registered as a masseur under the Drugless Practitioners Act was "grandfathered in"
- If we were to go to a degree status, it is likely there would be a similar process

Describe the MTA Procedural code.

- The procedural code of the RHPA becomes the Massage Therapy Procedural Code under the MT Act (Aka: Schedule 2)

What are the three sections in the RHPA?

1. The general section that applies to all regulated health professions
2. Schedule 1 - List of regulated health professions
3. Schedule 2 - The procedural code which lays out all of the committees/responsibilities

*The individual Colleges use this to create their specific act (MTA)

Describe Part I - Examinations.

- College must specify general areas of competencies to be examined
- Exams should be a reliable and valid measure of the candidate's competency in knowledge, skills, and ability to practice massage therapy in Ontario
- Written exams should be offered at least twice a year (or more at Council's discretion)
- You can re-apply for an exam if you failed
- If you fail three times you cannot apply for an exam again until you get another diploma from a massage therapy program

Describe Part II - Advertising.

- Ads must not contain false or misleading statements, anything that cannot be verified, a comparison with another practice that could be regarded as having "superiority" over another practice or member, endorsements (express or implied), testimonials by any person
- Ads can't say you practice somewhere that you don't
- Ads must be readily comprehensible
- Ads must include the RMT chiefly responsible for the advertised practice
- You can't say that you "specialize" in something; however, you can say that you focus on a particular area of practice
- You can't solicit business inappropriately - specifically you need to be respectful of patient's choice - no undue pressure
- Don't promote unnecessary products or services
- Don't have anything that could negatively impact the public's confidence of the profession

Describe Part III - Records.

- Daily appointment book with clients names and time of appointments
- Equipment service record
- Financial record which includes particulars of treatment rendered, fee charged, and record of receipt (carbon copy or electronic)
- Responsibility to ensure any destruction of health records is done in such a way as to maintain client confidentiality
- You must protect clients files whether paper or electronic
- You are required to provide records if requested
- Electronic records must be kept secure from loss, tampering, interference, and unauthorized use or access
- If related to providing care, you may share the record with another HP - this includes just a simple review of file or providing copies of documentation as appropriate
- There may be times that information from a patient's file could be used for things other than direct client care: research, for example, must have all identifying information removed
- A peer assessor or other type of person can see your clients records

Describe a client health record.

- Name and address
- Date, time and duration of each visit
- Name and address of the 1st degree care physician or any referring health practitioner
- Any relevant medical history and history of massage therapy
- Particulars of every examination/clinical finding and assessment
- Every written report received (exams, tests, consultation, or treatments performed by others)
- Particulars of all advice given by member
- Particulars of every referral to another HP
- Particulars about every fee or other amount charged
- Copies of written consent, needs assessment, treatment plan
- Ongoing form - particulars of each visit including the name of HP
- Every single record must have a reference identifying the client
- Every entry must be dated with HP identified

How long do you need to retain a client's health records?

- For at least 10 years following the client's last visit or if the client was less than 18 years at the time of their last visit, the day the client became or would become 18 years old

Give reasons to provide records.

- Client request
- Personal representative appointed by client (in writing)
- Legal representative of dead client
- If client lacks capacity

Can you refuse to provide copies of records?

- No; however, you can refuse to provide records if admin fees are not paid

What shall the Registrar ensure for the public meetings?

- Published in a daily newspaper of general circulation throughout Ontario not less than 14 days before meeting
- Notice is in English and French
- Date, time, place, statement of purpose, contact address or phone number for further information

What shall the Registrar ensure for hearings of the Discipline Committee?

- 30 days before hearing that information is provided (when requested)
- Information includes: name of member, principal place of practice, intended date, time, place of hearing and statement of the purpose of hearing
- In English and French

What does the Quality Assurance program include?

1. Professional Portfolio
2. Credits component
3. Peer assessment and remediation of a member's practice
4. Remediation of behaviour and remarks of a sexual nature by a member towards a client

*Every member shall participate in the QA program

When does peer assessment occur?

- Once every five years
- Randomly picked
- Referred to the committee by executive or complaints
- Failed to meet minimum credits
- Failed to provide proof of minimum credits
- Evaluates whether the member's knowledge, skills, and judgment are satisfactory (Standards and Code)
- You cannot refuse to be assessed

What are the results of peer assessment?

- Recommend improvements
- Opportunity to correct any deficiencies
- Direct member to complete a specific course
- Take no further action

*They could require a subsequent visit to determine if the member has made the desired improvements

Describe the remediation of behaviour and remarks of a sexual nature by a member towards a client.

- QA committee may require a member to undergo a psychological assessment or another assessment specified by the Committee
- After assessment the committee may require the member to undertake specified measure, such as education, therapy or counseling

What are the two certificates of registration?

1. General: $897.00
- Required for any registrant wanting to practice massage therapy in the province
2. Inactive: $448.50
- For massage therapists who are not currently practicing massage therapy in Ontario, but may return to practice in the future

What are the requirements for a General Certificate?

- There is no current proceeding involving an allegation of professional misconduct, incompetence or incapacitation, and any like finding or proceeding against the applicant that affects fitness to practice
- Has not been convicted or charged with, an offence that affects the fitness to practice
- Once you graduate, you need to complete your exams within 3 years - if not then proof of completing of a refresher course
- Must have obtained a diploma in massage therapy from an approved school in Ontario
- Successfully completed a massage therapy program outside of Ontario and the Registration Committee considers to be equivalent
- You must successfully complete the certification exams (written and OSCE)
- Canadian citizen or a permanent resident of Canada or authorized under the Immigration and Refugee Protection Act
- Must be able to speak and write in either English or French with reasonable fluency
- Completion of a jurisprudence program that was set or approved by the Registration Committee (timely)

What are the registration conditions for a General Certificate?

- Certificate is revoked if the member ceases to be a Canadian citizen or permanent resident
- 500 hours of direct care within the scope of practice of massage therapy in the previous 3 years
- Or successfully completed a refresher course with the previous 15 months
- Certificate is revoked if the member ceases to maintain the amount of professional liability insurance required
- Need to maintain a principal place of practice in Ontario

What must the applicant satisfy the Committee?

- They will practice massage therapy with decency, honesty, and integrity, and in accordance with the law
- They do not have any physical or mental condition or disorder that could affect his or her ability to practice massage therapy in a safe manner
- They will display appropriate professional attitude

Describe Inactive Certificates.

- Must have previously been the holder of a General Certificate
- May not practice massage therapy in Ontario

How can you go from an Inactive Certificate to a General Certificate?

- If you have been inactive for less than 3 years
- Satisfactorily completed a refresher course within 15 months prior to application

If you failed to pay a fee, what does the Registrar have to receive before they lift the suspension?

- The fee you failed to pay
- Any outstanding fees or penalties
- Any other applicable fee
- Any outstanding costs of expenses ordered to be paid

If you were suspended because of lack of proof, what does the Registrar need before lifting the suspension?

- Proof
- Reinstatement fee

How long do you have to rectify your registration?

- If you had a suspension (for whatever reason) you have 2 years to rectify or your registration is automatically revoked