Massage Therapist Board Complaint in Massachusetts: Process and Your Rights
Massachusetts License Defense Attorney · Professional License Defense
Massage therapists in Boston work in many settings: day spas in the Back Bay, chiropractic and physical therapy offices, medical practices, hotel spas, and independent studios across the neighborhoods. In every one of them, the work is hands-on, private, and built on trust. When a client complains, the complaint can reach the Board of Registration of Massage Therapy, and your license may be at stake.
This guide explains the law that governs Massachusetts massage therapists, the allegations that most often lead to complaints, and how a complaint moves from investigation to a possible hearing and court review. One rule comes before everything else. If the Board asks you to respond, respond on time. Get a lawyer promptly so that the response is prepared carefully and filed by the deadline.
The Board and the law it enforces
The Board of Registration of Massage Therapy is a seven-member board within the Division of Occupational Licensure (DOL). Its members include licensed massage therapists, a local board of health professional, a massage school operator, and consumers (G.L. c. 13, § 98). The licensing statute is G.L. c. 112, §§ 227–235, and the Board’s regulations are at 269 CMR. They include the Code of Professional Ethics and Standards of Ethical Practice in 269 CMR 5.00.
The statute defines massage and sets its limits. Massage therapy does not include diagnosis, prescribing drugs or medicines, spinal or other joint manipulation, or any service that requires a license in medicine, chiropractic, occupational therapy, physical therapy or podiatry (§ 227). A licensed massage therapist also may not perform high-velocity, low-amplitude thrust to a joint, electrical stimulation, or ultrasound (§ 228).
The Board must investigate all complaints about the practice of massage therapy and violations of the statute or its rules. Anyone may file a complaint, and the Board may start one on its own. The Board operates under DOL supervision and has the disciplinary authority of G.L. c. 112, §§ 61–65E (§ 232).
What the law treats as misconduct
Section 232(b) lists conduct that calls a massage therapist’s competence into question. The list includes fraud in obtaining a license, criminal conduct that makes a person unfit to practice, violating any Board rule, failing to cooperate with the Board or its agents in an inspection or investigation, failing to meet continuing education requirements, and violating an ethical standard. Ethical violations include inappropriate conduct or touching, offering a medical opinion or diagnosis, and negligence in practice.
Boundary and inappropriate-touching allegations
These are the most serious complaints a massage therapist can face. The Board’s ethics rules bar any behavior that is sexually suggestive and any sexual conduct or activity with a client (269 CMR 5.02(11)). Therapists must respect the client’s boundaries regarding privacy, disclosure and exposure. Clients have the right to informed and voluntary consent, and the right to refuse, modify or end treatment at any time (269 CMR 5.01). If the allegation could also be a crime, anything you say to the Board could matter in a criminal case too. That is one more reason to have counsel involved before you respond.
Scope of practice
Telling a client what condition they have, recommending medication, or adjusting a joint can lead to a scope complaint. So can using modalities the statute excludes. The ethics rules require therapists to provide only services within the massage therapy scope of practice and to refer clients to other professionals when needed (269 CMR 5.02(3)–(4)).
Advertising and unlicensed practice
Only licensed persons may use the term “massage” in a professional title. An ad may not combine massage services with escort or dating services, may not advertise a form of massage the person has not been trained in, and must call the service “therapeutic massage” or “massage therapy” (§ 235). The Board’s rules also prohibit sexually suggestive language or images in advertising (269 CMR 5.02(12)). Knowingly employing someone who is not authorized to use the title can lead to discipline.
Records, consent and minors
A therapist must do a written or verbal intake to check for contraindications (269 CMR 5.02(1)). When a written plan of treatment is requested or required, the client file must contain contemporaneous documentation: an initial evaluation, signed progress notes, and the plan (269 CMR 5.03). For a client under 18, written permission from a parent or guardian is required. A responsible adult chaperone must be in the room unless the parent or guardian waives that requirement in writing (269 CMR 5.02(8)–(9)).
Sanitation and setting
Therapists must practice according to accepted safe, sanitary and hygienic standards, including disease-control standards. They may not perform massage therapy in bars or adult entertainment facilities (269 CMR 5.02(7), (10)).
How a complaint moves through the process
1. Intake and investigation
Complaints against DOL board licensees go to the Division, which may open a complaint and investigate in coordination with the Board. An investigation can include requests for your client records, your advertising, and information about your practice setting. Filing a complaint does not mean discipline will follow, but every complaint deserves a careful response.
2. Your response, and why silence is not an option
You may have read that you have “10 days to notify the Board that you have hired an attorney” and that you should not respond. Both statements are wrong. No statute or regulation we have found creates a 10-day attorney-notice rule. No regulation requires it, but many Board letters ask you to tell the Board within 10 days whether you will be represented by an attorney. If your letter does, follow it. Under § 232(b), failing to cooperate with a Board investigation is itself grounds for discipline. The deadline that matters is the one in the Board’s letter.
Call a lawyer as soon as the letter arrives. Your attorney will contact the investigator, make sure records are produced properly and confidentiality is protected, and prepare a written response that addresses the allegations and is filed on time. In a formal proceeding, an attorney appears by filing a written notice of appearance (801 CMR 1.01(3)(b)). Do not contact the client who complained.
3. Investigative conference and settlement
Boards may hold investigative conferences before an Order to Show Cause issues, and may meet to discuss a negotiated settlement. Those meetings are not open meetings (G.L. c. 112, § 65C). Discipline may be imposed by consent agreement or after an opportunity for an adjudicatory hearing (G.L. c. 112, § 61), and § 232(e) confirms the Board’s authority to impose sanctions by consent agreement. What a consent agreement says matters, because it becomes part of your record.
4. Order to Show Cause and hearing
Formal proceedings usually begin with an Order to Show Cause. The hearing is governed by Chapter 30A and the Standard Adjudicatory Rules (801 CMR 1.00), and the notice must say whether the formal or informal rules apply (801 CMR 1.01(1)). Under the formal rules, unless a statute or agency rule provides otherwise, your answer is due within 21 days of receiving the Order (801 CMR 1.01(6)(d)). Licensees who do not answer risk a decision by default.
At the hearing, you have the right to call and examine witnesses, introduce exhibits, cross-examine the witnesses against you, and present rebuttal evidence (G.L. c. 30A, § 11). Intake forms, session notes, scheduling records, and testimony about your draping and consent practices can matter a great deal. If a presiding officer other than the Board hears the evidence, he or she issues a tentative decision. The parties may object, and the Board then issues the final decision (801 CMR 1.01(11)).
5. Possible outcomes
The Board may issue an order directing a licensee to cease and desist from unethical or unprofessional conduct, after the opportunity for a hearing (§ 232(b)). Under G.L. c. 112, § 61, it may also:
- Suspend, revoke, cancel, decline to renew, or place the license on probation;
- Reprimand or censure the licensee;
- Assess a civil administrative penalty of up to $100 for a first violation, $500 for a second, $1,500 for a third, and $2,500 for a fourth or later violation; and
- Require additional education or training, supervised practice, or participation in an alcohol or drug rehabilitation program.
6. Court review
Anyone aggrieved by disciplinary action under § 232 or § 235 may file a petition for judicial review under G.L. c. 112, § 64 (§ 232(e)). Section 64 review is in the Supreme Judicial Court, under the standards of G.L. c. 30A, § 14(7), and the court will not stay a suspension or revocation before it decides the case (§ 64). Talk to counsel immediately after any adverse decision.
What to do if you receive a complaint
- Note the deadline in the Board’s letter and call a lawyer the same day.
- Do not ignore the Board. Cooperate and respond on time, through counsel.
- Do not contact the complainant, directly or through others.
- Preserve your records: intake forms, session notes, appointment logs, and messages with the client. Do not change or add to them.
- Review your advertising and online listings with your attorney.
- Tell your attorney if police or another agency has contacted you.
Frequently Asked Questions
What law governs massage therapists in Massachusetts?
The licensing statute is G.L. c. 112, sections 227 through 235, and the Board of Registration of Massage Therapy’s regulations are at 269 CMR. The Board is established by G.L. c. 13, § 98, and serves within the Division of Occupational Licensure.
Do I have to respond to the Board if I have a lawyer?
Yes. Failing to cooperate with a Board investigation is itself grounds for discipline under G.L. c. 112, § 232. Having a lawyer does not stop the clock. Your lawyer prepares and files the response for you, on time.
Is there a 10-day deadline to tell the Board I hired an attorney?
We have found no statute or regulation that creates that rule. No regulation requires it, but many Board letters ask you to tell the Board within 10 days whether you will be represented by an attorney. If your letter does, follow it. Follow the deadline stated in the Board’s letter. If you receive an Order to Show Cause, the answer under the formal adjudicatory rules is generally due within 21 days of receipt.
What can the Board do if it finds a violation?
It can order you to cease and desist from unethical or unprofessional conduct, and under G.L. c. 112, § 61 it can suspend, revoke, decline to renew, or place your license on probation, reprimand you, impose civil administrative penalties, and require education, supervised practice, or a rehabilitation program. Cases can also be resolved by consent agreement.
Can I appeal a Board decision?
Yes. A person aggrieved by disciplinary action under § 232 or § 235 may petition for judicial review under G.L. c. 112, § 64, which provides for review in the Supreme Judicial Court.
Related Articles
About the Author
Richard Alan Gaudet, Esq. is an experienced administrative law practitioner in Massachusetts who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Law Offices of Richard Alan Gaudet, LLC, 35 Village Rd., Ste 100, Middleton, MA 01949. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.