NCBTMB Business and Legal Practices 5 — Questions and Answers
Question 1: A massage therapist closes their practice and must retain client records for how long, according to most state regulations?
- 1 year after the last session
- A minimum of 3–7 years depending on state law, longer for minors (Correct answer)
- Until the therapist's death
- Records may be immediately destroyed upon practice closure
Correct answer: A minimum of 3–7 years depending on state law, longer for minors
Most states require records to be retained for a minimum of 3–7 years, with longer periods required for minor clients until they reach adulthood.
Question 2: Which of the following best protects a massage therapist against claims of sexual misconduct?
- Maintaining a cash-only payment policy
- Thorough documentation, clear draping protocols, and written consent (Correct answer)
- Treating only same-gender clients
- Installing cameras in the treatment room without client knowledge
Correct answer: Thorough documentation, clear draping protocols, and written consent
Comprehensive documentation, professional draping, and written consent create a clear record of appropriate conduct and client agreement.
Question 3: A massage therapist's business name that uses words like 'spa,' 'wellness center,' or 'clinic' may require:
- Only a massage license
- A DBA (doing business as) filing or additional business registration with the state (Correct answer)
- Approval from the NCBTMB
- A medical license from the state health board
Correct answer: A DBA (doing business as) filing or additional business registration with the state
Using a business name different from the owner's legal name typically requires a DBA filing, and certain terms may require additional state registration.
Question 4: A client signs a liability waiver before receiving a massage. This waiver:
- Fully protects the therapist from all legal claims
- May limit certain claims but does not protect against gross negligence or intentional harm (Correct answer)
- Is only valid if notarized
- Replaces the need for professional liability insurance
Correct answer: May limit certain claims but does not protect against gross negligence or intentional harm
Liability waivers can limit claims for ordinary negligence but courts generally do not enforce waivers for gross negligence, recklessness, or intentional misconduct.
Question 5: When setting fees for massage services, a therapist must ensure that fees are:
- Identical to all competitors in the area
- Clearly communicated to clients before services are rendered (Correct answer)
- Approved annually by the state licensing board
- Based solely on the client's ability to pay
Correct answer: Clearly communicated to clients before services are rendered
Ethical and legal billing practice requires that fees be disclosed to clients prior to service delivery to ensure informed financial consent.
Question 6: A massage therapist who accepts Medicare or Medicaid reimbursement must comply with which federal anti-fraud statute?
- Lanham Act
- False Claims Act (Correct answer)
- Sherman Antitrust Act
- Fair Debt Collection Practices Act
Correct answer: False Claims Act
The False Claims Act prohibits submitting false or fraudulent claims to federal healthcare programs like Medicare and Medicaid.
Question 7: Which of the following actions would constitute abandonment of a client by a massage therapist?
- Referring a client to a specialist outside your scope
- Abruptly terminating care without notice or referral when the client still needs treatment (Correct answer)
- Declining to treat a new client due to a full schedule
- Taking a two-week vacation after notifying active clients
Correct answer: Abruptly terminating care without notice or referral when the client still needs treatment
Client abandonment occurs when a therapist ends a therapeutic relationship without adequate notice or referral while the client still requires care.
NCBTMB Business and Legal Practices 5
A massage therapist closes their practice and must retain client records for how long, according to most state regulations?