June 27, 2011
To clarify the circumstances when the use of a name other than the licensed name in the provision of massage therapy services at licensed massage therapy facilities will be viewed as accompanied by fraud or deceit such that he Board would consider it the use of an alias in violation of 269 Code Mass. Regs. §6.07(3)(d).
As applicable to licensed massage facilities, 269 Code Mass. Regs. §6.07(3)(d) prohibits the use of aliases by massage therapists. After considerable discussion, the Board has determined that the use of any name other than the licensed name, when providing massage therapy services, is prohibited by §6.07(3)(d) if it is done to cheat or defraud or if its accompanied by an intent to deceive or a showing of other dishonesty. The Board will review these cases on a case by case basis. When reviewing such matters, the Board would consider the presence of any of the following practices to evidence either an intent to deceive or a showing of other dishonesty:
- an oral introduction that fails to include both the licensed name and an assumed name, such as a nickname or a more easily-pronounced name;
- business cards or other business records that fail to include the licensed name and an assumed name, such as a nickname or a more easily pronounced name;
- at a multiple therapist establishment, the failure to list an assumed name, such as a nickname or a more easily-pronounced name, with the list of all massage therapy practitioners required in the business compliance plan; and
- written instructions or other appointment reminders that fail to include both the licensed and assumed names.
In general, the consistent use of an assumed name in conjunction with the licensed name would not necessarily be deceitful or dishonest. Conversely, the Board will continue its current policy of disallowing license name changes unless there is a concomitant legal name change with supporting documentation.
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