Reporting
--NCBTMB Standards of Practice II (d)
--NCBTMB Standards of Practice II (f)
--NCBTMB Standards of Practice II (g)
“report to the proper authorities any alleged violations of the law by other certificants or applicants”
“report to NCBTMB any criminal conviction of, or plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction (other than a minor traffic offense) by him/herself and by other certificants or applicants”
“report to NCBTMB any pending civil litigation in which the basis of the complaint against him/herself or another certificant or applicant is alleged negligence, malpractice, lack of professional competence, or sexual misconduct and the resulting resolution of such litigation”
“report to NCBTMB any pending complaints in any state or jurisdiction againsthis/her professional conduct or competence, or that of another certificant, and the resulting resolution of such complaint”
--NCBTMB Standards of Practice II (h)
Several states impose a duty to report crimes upon citizens. Colorado even requires a citizen to report if there is a reasonable belief a crime has been committed.
Nonetheless, it is an effective policy. The massage therapist community is relatively small. The AMTA estimates that there are between 200,000 and 250,000 therapists in the U.S.. By comparison, there are about 583,000 doctors and physicians in the country. In the small world of therapists, particularly at the local level, therapists are consistently hearing about other therapists.
Reporting protects NCBTMB certification and the industry. It works to secure the reputation of both. Policing your own to maintain the standards is not “snitching”—it is keeping the house clean. Unfortunately, if there is even one person goofing off, everyone gets painted with the same brush. The massage and bodywork industry has come a long way into mainstream America where it is accepted more and more as a health promoting therapy. Helping to maintain standards of other certificants is pivotal in keeping the good standing certification offers and gaining new ground in public and political acceptance of the industry.
The Rampart scandal in Los Angeles, California was ignited by one police officer who reported the activities of his fellow officers. He alleged they made false arrests, perjured themselves, and framed people who were actually innocent. The revelations resulted in many convictions being overturned. Nine police officers were prosecuted and more than a dozen others were fired or resigned. The Los Angeles Times suggests, however, that the officers’ code of silence hampered and ultimately retarded the investigation.
Reporting another’s possible violations to the proper authorities may be a protected activity. Therapists reporting to the NCBTMB should, however, be careful that there is a reasonable cause for the report. If it turns out the report is untrue, the person reported upon could sue the reporting therapist for libel. Communications to a third person (here the Board) that damage a therapist in the profession or that allege the therapist has committed a crime involving moral turpitude may be libelous. The person reported on might sue and collect damages from the reporting therapist. The damages might be the actual ones suffered by the wrongfully accused therapist as well as possibly punitive damages—an additional assessment designed to deter the accuser of repeating a similar mistake and to warn others not to do so. The reporting therapist, however, should be safe if there was reasonable justification for the report; if the reporting therapist was negligent or reported without a basis for a belief in the truth of the report, the accused may have a case.