4. Limited PermitsLimited Permits
What? You, as an LMT can sponsor
a limited permit.
Who? The person you sponsor must
have graduated from an approved NYS
program.
For How Long? Good for up
to 12 months or until they receive exam
results – whichever comes first. Cannot
get a limited permit if failed boards.
How? You must be present in the
workplace while they are working with a
client. AND they must be your employee.
5. Professional MisconductProfessional Misconduct
Dependency on, or habitual
use of narcotics, barbiturates,
amphetamines, hallucinogens,
or other drugs having similar
effects
Refusal to provide professional
services to a person because
of such person’s race, creed,
color or national origin
Some Examples Include:
8. CrimeCrime
• Conviction
• State or Federal
Your actions in your personal
life can and will affect your
ability to be licensed!
9. Raymond H. Adasczik, Palisades Park, NJ
Regents Action Date: March 12, 2013
Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month
stayed suspension, 2 years probation, $2,500 fine.
Summary: Licensee admitted to the charge of permitting unlicensed persons to perform massage therapy.
Anthony W. Courcy, Liverpool, NY
Regents Action Date: April 22, 2013
Action: Application to surrender license granted.
Summary: Licensee admitted to charges of having been convicted of moral unfitness in the practice of
massage therapy and obtaining a license fraudulently.
Ann R. Band, Huntington, NY
Regents Action Date: June 18, 2013
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years
probation, $500 fine.
Summary: Licensee admitted to charges of having been convicted of Aggravated Harassment and Criminal
Contempt, class A misdemeanors.
Hisashi Omichi; Bloomington, NY
Regents Action Date: July 22, 2013
Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 3rd Degree.
Amy E. La Forte, Albany, NY
Regents Action Date: February 11, 2013
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year
probation.
Summary: Licensee admitted to the charge of having been convicted of Petit Larceny.
10. Ross Michael Howard, New York, NY
Regents Action Date: January 15, 2013
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years
probation, $1,000 fine.
Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled
Substance in the 7th Degree, a class A misdemeanor.
Daniel J. Forte, Rochester, NY
Regents Action Date: November 5, 2012
Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to
practice, upon termination of suspension, 2 years probation to commence upon return to practice.
Summary: Licensee admitted to the charge of having been convicted of Criminal Mischief and Possession of
Burglar Tools.
Julianna Green, Congers, NY
Regents Action Date: October 9, 2012
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month
stayed suspension, 24 months probation, $500 fine.
Summary: Respondent admitted to charges of having been convicted on two occasions of Driving While
Intoxicated, both misdemeanor convictions; and failing to disclose the earlier of the two convictions in her
massage therapy re-registration document.
Natalie N. Lugo, Shirley, NY
Regents Action Date: September 11, 2012
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year
probation, $1,000 fine.
Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of Marijuana in
the 4th Degree, a class A misdemeanor.
Clara Misook Cho, Flushing, NY
Regents Action Date: June 19, 2012
Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month
stayed suspension, 24 months probation, $2,500 fine.
Summary: Licensee admitted to charges that, on two occasions, she delegated professional responsibilities
as a massage therapist to people she knew were not licensed as massage therapists.
11. DiscriminationDiscrimination
Massage therapists cannot
discriminate in providing
services to clients based upon
culture, ethnicity, age gender,
belief, or sexual orientation.
Massage therapists may,
however, restrict their practice to
specific age, gender groups, or
to specific conditions as long as
this is consistent and not
arbitrarily applied.
12. When it is OK for UnlicensedWhen it is OK for Unlicensed
Persons to Practice MassagePersons to Practice Massage
Limited Permit
Students in Massage School
Work at YMCA or similar place
Medical Professional within
their job (Nurse/PT/Doc)
Barber/Beautician within
their job
Professional Trainer
13. Immoral ConductImmoral Conduct
Massage of genital areas and massage
of a client who is not properly draped
The practice of massage by a
massage therapist who is not
properly dressed
Draping includes methods used
by a massage therapist to protect
modesty, privacy, warmth and/or
comfort of a client by the use of sheets,
towels, blankets or any item that
serves this purpose.
14. ConfidentialityConfidentiality
Identity of Client
Consent
Subpoena or court order
Massage therapists will safeguard the confidentiality of
all client information, including client records, unless
disclosure is required by law or court order. Any
situation which requires the revelation of confidential
information should be clearly delineated in records of
massage therapists.
15. Record-KeepingRecord-Keeping
Records must accurately reflect
evaluation and treatment of your
client
Must be kept for 6 years or until 22nd
birthday (whichever is longer)
Must respond to request for
copies of records within 10 days
from written request
Massage therapists will respect the client's right to an
informed and voluntary consent for the release of client
information. Massage therapists will obtain and keep a
record of the informed consent of the client, or, in the case
of a minor, of the person in parental responsibility before
releasing information, unless required by law to do so.
16. HIPPA and Record-KeepingHIPPA and Record-Keeping
Must maintain electronic
records that can be
submitted to insurance.
Still waiting for
guidelines on what
“electronic” is.
Only applies if you do
insurance billing.
17. Must Have Consent from ClientMust Have Consent from Client
Massage therapists will respect the client's
right to refuse, modify or terminate treatment,
regardless of prior consent for such treatment.
Massage therapists will not cause the client
more pain than the client is willing to accept,
nor will they exert any psychological
pressure to induce the client to
accept a level of pain higher than the
client has expressly agreed to experience.
When massage of breast tissue is therapeutically
indicated, the female client must be fully informed
and give consent before the therapist undrapes
the breast for treatment.
18. BoundariesBoundaries
Massage therapists will respect the client's
boundaries with regard to privacy,
exposure, emotional expression, beliefs and
reasonable expectations of professional
behavior. Therapists will respect the
client's autonomy.
Massage therapists will avoid exerting
undue influence on clients and will
never engage in sexual behavior during
the course of the professional relationship.
The therapist should not engage in sexual conduct or activities,
even if the client attempts to sexualize the relationship.
No manipulation of the genital areas is permitted,
even at the client's request.
19. IdentificationIdentification
Registration must be
conspicuously displayed
Cannot call yourself “Dr.”
In a Clinic, Group
Practice, Multi-
professional Facility,
Hospital, etc. you MUST wear a name
badge with your name and
profession clearly displayed
21. Notify the StateNotify the State
If your name changes
If you move, or move
your practice, or open
an additional site
30 days to notify the state
22. Fee SplittingFee Splitting
Professional licensees may not split fees.
Licensed professionals or professional firms cannot share
with other than members of their own professional firm
the fees earned for providing professional services.
Education Law, prohibits professionals or professional
firms from sharing the fees earned for providing
professional services.
These provisions guarantee that licensed
professionals provide professional services to the
public without undue influence from other professionals
or from unlicensed persons who are not subject to the professional
responsibility requirements prescribed in Education Law. Licensed
professionals may be guilty of professional misconduct if they
engage in sharing the profits of their practices with other entities
outside their own firm. The penalties for professional misconduct
range from administrative warning to revocation of license and
include suspension of license and fine.
23. AdvertisingAdvertising
Cannot be false, deceptive
or misleading
Cannot guarantee
service or result
Cannot claim professional superiority
Cannot show an undraped body
26. Responding to the StateResponding to the State
30 days to respond from
the date the
communication was
delivered
27. Continuing EducationContinuing Education
36 hours of CE every
registration period
12 hours can be self-
study
All 36 hours can be
online – but at least 24
of those must be through a
curriculum
Proration schedule is available
online
28. Teaching MassageTeaching Massage
Only approved schools in
NYS can teach massage
in NYS to non-licensed
people
Cannot teach couples
massage as you are not
a school
Only exception: teaching
infant massage to a
parent
29. Responsibility to Know the LawResponsibility to Know the Law
Ignorance is not acceptable
NYS is notorious for NOT
informing you. You
must be proactive in
keeping up with information.
