NCBTMB Business and Legal Practices 4 — Questions and Answers
Question 1: A client requests that their massage records be transferred to a new therapist. Under ethical and legal standards, the therapist should:
- Refuse because records are the therapist's property
- Transfer records only after receiving a signed release of records authorization from the client (Correct answer)
- Send records directly to the new therapist without client involvement
- Verbally summarize the records over the phone
Correct answer: Transfer records only after receiving a signed release of records authorization from the client
A signed release of records authorization from the client is required before disclosing or transferring any client health information.
Question 2: Which statement best describes dual relationships in massage therapy?
- Treating both a spouse and a sibling of the same client
- When the therapist has both a professional and a personal or business relationship with a client (Correct answer)
- Providing both Swedish and deep tissue in one session
- Accepting both cash and credit card payments
Correct answer: When the therapist has both a professional and a personal or business relationship with a client
A dual relationship occurs when the therapist occupies two roles simultaneously with a client, which can compromise professional boundaries and objectivity.
Question 3: A massage therapist is asked to give a discount to a client in exchange for referrals. This practice is considered:
- A standard and accepted marketing incentive
- Potentially unethical and possibly illegal fee-splitting depending on state law (Correct answer)
- Required disclosure on tax returns only
- Appropriate if documented in the client file
Correct answer: Potentially unethical and possibly illegal fee-splitting depending on state law
Referral-based discounts can constitute illegal fee-splitting or kickbacks under state healthcare regulations and ethical codes.
Question 4: A massage therapist accidentally bills a client's insurance for a service that was not performed. This constitutes:
- An administrative oversight with no legal consequence
- Insurance fraud, a federal and state crime (Correct answer)
- A billing error correctable only through a malpractice claim
- An ethical violation but not a legal one
Correct answer: Insurance fraud, a federal and state crime
Billing for services not rendered is insurance fraud, which carries serious legal penalties including criminal prosecution.
Question 5: When must a massage therapist renew their state license to avoid practicing illegally?
- Every five years regardless of state
- Before the expiration date set by the state licensing board (Correct answer)
- Only when changing employers
- When the national certification expires
Correct answer: Before the expiration date set by the state licensing board
Practicing on an expired license is illegal; renewal must occur before the expiration date mandated by the state licensing authority.
Question 6: Which element is NOT required in a valid informed consent document for massage therapy?
- Description of the treatment to be provided
- Client's insurance policy number (Correct answer)
- Potential risks and benefits
- Client's right to refuse or stop treatment
Correct answer: Client's insurance policy number
Informed consent must cover treatment details, risks, benefits, and client rights, but insurance information is a billing document unrelated to consent.
Question 7: A massage therapist who employs other therapists must comply with which federal employment law regarding minimum wage and overtime?
- HIPAA
- Fair Labor Standards Act (FLSA) (Correct answer)
- Americans with Disabilities Act (ADA) only
- Occupational Safety and Health Act (OSHA) only
Correct answer: Fair Labor Standards Act (FLSA)
The FLSA establishes federal minimum wage, overtime pay eligibility, and record-keeping requirements for employers.
NCBTMB Business and Legal Practices 4
A client requests that their massage records be transferred to a new therapist.
Under ethical and legal standards, the therapist should: