Board of Massage Therapy

A five member board was appointed by the Governor on July 22, 2009.  The legislation creating the board requires the board to have three professional members, a member who is a licensed health care provider, and a public member. The board is charged with issuing massage therapy licenses and defining terminology and qualifications of the massage therapy profession in Montana.

Individual Board Members can be contacted by email at dlibsdlmt@mt.gov. In your message please specify which board member you would like to contact. For additional contact information and information on board member terms, please visit the Office of the Governor’s link for Board Members and Councils at http://boards.mt.gov/.

Board meetings are usually held several times a year.
Meeting minutes are posted within 3 days of board approval.

In general, Board meetings are open to the public.
There are certain meetings or parts (Screening Panel and Executive Session), which are closed to the public.

Scheduled and Proposed Meetings

Fiscal Year 2008 –2009 Professional and Occupational Licensing Report

There are TWO types of Licensure Verification Requests:

1) Licensees for any profession can be verified by using LicenseLookup.mt.gov.
This website provides real-time connectivity to the Business Standards Licensing Database.  There is no charge for this service.

======================================================

2) To request an official license verification be sent to another state licensing board, jurisdiction or individual for license confirmation status in the State of Montana. The fee for this is $20.00 per verification requested.

A response should occur within 3 days of receipt.

list of Approved Credentialing States

All of the Statutes and Rules listed here are applicable to this board.

Statutes are laws passed by the Legislature. All changes in statutes must go through the legislative process and be passed into law before they become effective. Title 37, Chapter 1, Part 3 is the Uniform Regulatory Act passed by the Legislature in 1995. All professional and occupational licensing is covered in these statutes.

Administrative Rules pertaining to Massage Therapy are written and adopted by the Massage Therapy Board. The Board writes rules in order to administer the laws over which the Legislature has given the Board authority. Rules can be changed by going through the rule-making procedure. They do not go through the Legislative process. The Board of Massage Therapy continuously reviews rules to determine needed changes.

• Chapter 155 - Board of Board of Massage Therapy

---

• Chapter 24 - Labor and Industry

---

• Chapter 101 - Business Standards Division

---

Complaint Information

It is the policy, intent, and purpose of the Licensed Massage Therapy to provide quality regulatory functions and services to the profession it regulates and the public in order to promote, maintain, and preserve an ever-improving high degree of competence in the profession, satisfaction in the public, and an everlasting environment in which the profession operates.

In order to meet its mission, the Board is charged with taking appropriate action for Unprofessional Conduct and Misconduct. You can learn more about the complaint process or file a complaint with the Board here.

Complaint Contact

Eleanor Webster, Compliance Specialist

Telephone: (406) 841-2386

E-mail: dlibsdcomplaints@mt.gov

Complaint Process

Complaint Form

Complaint Process FAQ

The Department is charged with regulating professions and occupations for the protection of the public as a whole. Although the Department does not represent individuals filing complaints, the Department will review complaints in a timely manner to ensure a complaint is processed and that the Board will take appropriate action.

The length of time for resolution of a complaint is impossible to estimate due to the various complexities presented in individual complaints.

The following types of complaints may be filed:

• Unprofessional conduct by a licensee;
• Unprofessional conduct by a license applicant;
• Unlicensed practice of the profession or occupation.

If an individual is unsure of what constitutes unprofessional conduct and needs a description of the various types, reference to Montana statutes and rules will provide an answer. These are found at your local public library or at the appropriate board site on this web page.

Drop Off or Mail to:
"Name of the Board or Program the complaint pertains to"
Business Standards Division
301 South Park, 4th Floor
PO Box 200514
Helena, MT 59620-0514

This process is used for the Boards that are administered in the Business Standards Division. The various Programs administered in the Division use a similar process.

Important: When filing or responding to a complaint, be as thorough as possible. You may attach additional documents to the complaint form to ensure that all pertinent information has been included. The Screening Panel meeting is NOT a hearing, but is a time for the panel to consider the complaint and response. Attendance is your choice. If you attend the panel may ask additional questions. Please notify this office prior to the meeting if you plan to attend.

After a complaint has been filed against a licensed individual the Compliance Office will send a letter of acknowledgment to the person who filed the complaint (Complainant), and a letter requesting a response (with a copy of the complaint) to the licensee against whom the complaint was filed.

The Licensee may submit a written response addressing the complaint to the Compliance Office. The process continues whether or not a response is submitted. The Complainant is not entitled to a copy of the response.

The Compliance Office will notify the Licensee and Complainant regarding the date and time of any meeting during which the case will be discussed.

Complaints remain confidential unless a Notice of Proposed Board Action is issued, which is a public document along with all subsequent legal filings.

Meetings

• Closed Meeting - During a Closed Meeting only the Licensee, the Complainant, and/or attorneys for either can be in attendance. Minutes of Closed Meetings are not public documents.
• Open Meeting - A public meeting which anyone can attend. The minutes of Open meetings are public documents and made available online via the specific Board’s webpage. (Adjudication Panel meetings are usually open.)

Individuals may attend a meeting in person or by telephone. Please notify this office prior to the meeting if you plan to attend the meeting.

Screening Panel

• Screening Panel - A committee comprised of members of the Board. The Screening Panel’s function is to determine the preliminary action(s) to take on a complaint. Possible preliminary actions include dismissal, investigation, or a finding of Reasonable Cause.

The complaint and response (if any) are submitted to the Screening Panel members. The Screening Panel meeting is not a hearing, but rather a committee meeting to review and discuss the complaint and response to determine if disciplinary action is warranted.

Dismissal

If the Screening Panel dismisses a complaint, the complaint can be dismissed with or without prejudice (see definitions below).

• Dismissal With Prejudice - The complaint is dismissed and cannot be considered by the Screening Panel in the future.
• Dismissal Without Prejudice - The complaint is dismissed but may be considered by the Screening Panel in the future if there are ever allegations of a similar nature.

Investigation

Only a member of the Screening Panel can request an investigation of a complaint. If an investigation is requested by the Screening Panel, the case is assigned to an investigator who may request an interview with the Licensee, the Complainant, and/or other individuals. Upon completion of the investigation, a written report is submitted to the Screening Panel, which will then determine if there is Reasonable Cause to proceed with disciplinary action.

Reasonable Cause

• Reasonable Cause - A finding by the Screening Panel that evidence exists that a violation of statutes and rules has occurred which warrants proceeding with disciplinary action.

If Reasonable Cause is found, the Department Counsel issues a Notice of Proposed Board Action (Notice) to the Licensee. Once a Notice is issued, it is public information. A proposed Stipulation may be included with the Notice.

• Notice - A legal document from the Department’s Legal Counsel which sets forth the Department’s factual assertions, the statutes or rules relied upon, and advising the licensee of the right to a hearing.
• Stipulation - A tentative agreement for settlement of the case. A Stipulation is not finalized until approved by the Adjudication Panel.

The Licensee may either sign the Stipulation or contest the proposed action by requesting an administrative Hearing (a legal process before a Hearing Examiner). If the Licensee wishes to request a hearing, written request must be received within twenty (20) days from receipt of the Notice. Failure to either sign a Stipulation or request a hearing within twenty (20) days may result in the issuing of a Final Order of Default against the licensee.

• Default - the licensee’s acceptance of the disciplinary action demonstrated by failing to participate in the process

Adjudication Panel

• Adjudication Panel - A committee comprised of members of the Board who are NOT on the Screening Panel. The Adjudication Panel determines the final outcome of a case.

The Adjudication Panel reviews the record to determine appropriate sanctions. A Final Order is issued by the Adjudication Panel, completing the complaint process.

Complaint Process Flow

Current license status and information regarding disciplinary action(s) against a licensee can be accessed online at: https://ebiz.mt.gov/pol/

Department of Labor & Industry - Business Standards Division

PO Box 200513, Helena, MT 59620-0513

When a complaint or other information is received alleging possible unlicensed practice...

• (If the allegation is not made in the form of a formal written complaint, a complaint form is completed by the Department and a complaint number is assigned.)
• A copy of the complaint and a request for a written response are mailed to the person against whom the complaint was filed (Respondent).
• A written acknowledgment that the complaint has been received is mailed to the person who filed the complaint (Complainant)
• The respondent may submit a letter of response to the complaint. If a written response is not submitted, the complaint process continues without a response.
• The complainant and the respondent are sent written notify cation of the date, time, and location of any meeting at which the complaint will be discussed.

The Board Meeting

• Unlicensed Practice complaints are addressed by the Full Board in executive session (meaning closed to the public). Board meetings are open to the public unless the chairperson determines an individual’s right to privacy outweighs the public’s right to know. If so, that portion of the meeting will be closed to the public (only the respondent, complainant, and legal counsel for each (if any) may be present).
• The complaint and response (if any) are provided to the board members prior to an upcoming board meeting for their review. The board meeting is not a hearing, but rather a meeting at which the information provided is considered and discussed by the board.

DISMISSAL

• If the board dismisses a complaint, the complaint can be dismissed with or without prejudice.
• Dismissal With Prejudice-The complaint is dismissed and cannot be considered in the future.
• Dismissal Without Prejudice-The complaint is dismissed but may be considered by the board in the future if there are ever allegations of a similar nature.

INVESTIGATION

• The board can request an investigator be assigned to gather additional information surrounding the allegations made in the complaint. This may involve interviews with the respondent, the complainant, and possible witnesses.
• After the investigation has been completed, an investigative report is prepared and presented to the board for consideration at a subsequent meeting.
• Following the board’s review of the investigative report, a determination is made to either dismiss the complaint or take action in the form of a Cease and Desist or an Injunction.

CEASE & DESIST / INJUNCTION

• The board may issue a Cease & Desist or seek an Injunction.
• Cease & Desist–A letter from the administrative agency prohibiting a person or business from doing or continuing to do a certain activity.
• Injunction-A writ granted by a court prohibiting a person or business from doing or continuing to do a certain activity.

For more information, contact DLI Business Standards Division at 406-841-2300