MTBT 5.01 Unprofessional conduct. MTBT 5.02 Unprofessional conduct. MTBT 5.03 Duty to make reports. MTBT 5.01MTBT 5.01 Unprofessional conduct. The definitions of this chapter are adopted by the board pursuant to the authority delegated by ss. 15.085 (5) (b) and 460.04 (2) (a), Stats., to establish the standards of ethical conduct for massage therapists and bodywork therapists. MTBT 5.01 HistoryHistory: Cr. Register, February, 1999, No. 518, eff. 3-1-99; CR 06-069: am. (intro.), (6) (9), (16), (19), (20), (26) to (28), cr. (29) to (32), Register December 2006 No. 612, eff. 1-1-07; correction in (31) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; correction in (31) made under s. 13.92 (4) (b) 7., Stats., Register August 2012 No. 680; CR 13-055: am. (9), (16) to (20), (27), (28), (32) Register May 2014 No. 701, eff. 6-1-14; correction in (16) made under s. 13.92 (4) (b) 6., Stats., corrections in (2) to (4), (6) to (8), (12), (14), (15), (17), (19) to (27), (29) made under s. 35.17, Stats., Register May 2014 No. 701; CR 14-041: r. and recr. Register June 2015 No. 714, eff. 7-1-15. MTBT 5.02MTBT 5.02 Unprofessional conduct. “Unprofessional conduct” includes the following, or aiding, abetting, or conspiring the same: MTBT 5.02(2)(2) Being convicted of an offense under s. 940.22, 940.225, 944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.08, 948.085, 948.09, 948.095, or 948.10, Stats. MTBT 5.02(3)(3) Engaging in fraud, misrepresentation, or deceit in applying for or procuring a license to practice massage therapy or bodywork therapy, in connection with applying for or procuring periodic renewal of a license, or in otherwise maintaining a license. MTBT 5.02(4)(4) Engaging in any act of fraud, deceit, or misrepresentation, including acts of omission to the board or any person acting on the board’s behalf, including department of safety and professional services personnel. MTBT 5.02(5)(5) Employing illegal or unethical business practices, including either of the following: MTBT 5.02(5)(a)(a) Fraud, deceit, or misrepresentation in obtaining or attempting to obtain any fee or third-party reimbursement. MTBT 5.02(5)(b)(b) Engaging in uninvited, in-person solicitation of actual or potential clients, who because of their particular circumstances are vulnerable to undue influence. MTBT 5.02(6)(6) Knowingly, negligently, or recklessly making any written or oral statement while practicing massage therapy that is likely to deceive, defraud, mislead, or create an unacceptable risk of harm to a client, the public, or both. MTBT 5.02(7)(7) Engaging in false, misleading, or deceptive advertising. MTBT 5.02(8)(8) Failing to maintain accurate and timely records necessary for the continuity of a client’s massage therapy or bodywork therapy treatment. Records are to be maintained for a period of at least 5 years. MTBT 5.02(9)(9) Performing any act constituting the practice of massage therapy or bodywork therapy on any client without the client’s informed consent or after the client has withdrawn informed consent, whether verbally or in writing, or either of the following: MTBT 5.02(9)(b)(b) Failure to inform the client that any act of massage therapy may or will be performed by unlicensed personnel. MTBT 5.02(10)(10) Any practice or conduct that falls below the standard of minimal competence within the profession that results in unacceptable risk of harm to the client, regardless of whether injury results. MTBT 5.02(11)(11) Practicing as a massage therapist or bodywork therapist when physical or mental abilities are impaired by the use of controlled substances or other drugs, chemicals, or alcohol, or by other causes. MTBT 5.02(12)(12) Practicing as a massage therapist or bodywork therapist with a mental or physical condition that impairs the ability of the licensee to practice within the standard of minimal competence or without exposing a client to an unacceptable risk of harm. MTBT 5.02(13)(13) Practicing beyond the scope of massage therapy or bodywork therapy. MTBT 5.02(15)(15) Engaging in sexually explicit conduct, sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a client, a client’s immediate family member, or a person responsible for the client’s welfare. For purposes of this subsection, all of the following shall apply: MTBT 5.02(15)(a)(a) Sexual nature of contact shall be determined from the totality of the circumstances and is presumed when the massage therapist or bodywork therapist has contact with a client’s intimate parts without legitimate professional justification for doing so.