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Reporting Possible Ethics Violation in Calif?

I coordinate the massage program in a small health clinic in Calif that offers massage as part of its care. A client has alleged an ethics violation involving one of the massage therapists. The client says he has no interest in getting the therapist fired or pursuing the manner legally. While the matter is being investigated internally, are we or the therapist required to report the incident to ABMP, the underwriting insurance company for ABMP, or any other agency? From what I've read, it would be prudent to report to the insurance company if the client is threatening a suit or reporting to a government agency (which he is not). Anyone with any experience or definitive answers, please respond.

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Permalink Reply by Laura Allen on March 20, 2011 at 7:11am

IF you are aware that a therapist has committed a violation, then you are obligated to report that. However, if the client is not willing to report it, and you do not have first-hand knowledge of the alleged violation, then you are not under an obligation to report it. If you think the client is credible, and wouldn't make something up, there is an obvious problem.

When someone is accused and brought before our board (which I am on), it really all comes down to who makes the more credible witness since there is usually no third party in the room who could have witnessed the violation.

Re the insurance, they won't/can't do anything until the therapist or the clinic is actually sued. You should definitely keep documentation of the alleged incident. Does CA or your clinic require criminal reports? You might use that to ascertain if the therapist has behaved unethically/illegally before.

IF the client is not only not willing to report to the board, but also says he doesn't wish to get the therapist fired, I would guess that it is not a sexual violation the therapist was accused of? Surely if it was the client would want them fired, at a minimum.

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Permalink Reply by Mark Vogel on March 20, 2011 at 10:19am

Thanks for the helpful reply, Laura. I was hoping you'd answer the question!

Laura Allen said:

IF you are aware that a therapist has committed a violation, then you are obligated to report that. However, if the client is not willing to report it, and you do not have first-hand knowledge of the alleged violation, then you are not under an obligation to report it. If you think the client is credible, and wouldn't make something up, there is an obvious problem.

When someone is accused and brought before our board (which I am on), it really all comes down to who makes the more credible witness since there is usually no third party in the room who could have witnessed the violation.

Re the insurance, they won't/can't do anything until the therapist or the clinic is actually sued. You should definitely keep documentation of the alleged incident. Does CA or your clinic require criminal reports? You might use that to ascertain if the therapist has behaved unethically/illegally before.

IF the client is not only not willing to report to the board, but also says he doesn't wish to get the therapist fired, I would guess that it is not a sexual violation the therapist was accused of? Surely if it was the client would want them fired, at a minimum.

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Permalink Reply by Katie Armitage on March 22, 2011 at 10:22am

Some insurance companies require that you report any "incident" whether the client has made threats about filing a claim or not. ABMP stongly encourages you to report any "incident" as soon as possible, just in case a claim is filed at a later date. There are no "penalties" for reporting an incident that never becomes a claim. ABMP is here to advise and help each of our members through any incident and/or claim experience. At the very least, you want to make sure that all involved write detailed accounts of everything that happened, all techniques/treatments that were provided, every conversation that took place with that client, etc. - from the moment the client walked in the door. In addition, any intake / consent forms should be copied and placed with this documentation in a very safe place. This information should be kept for a minimum of two years (the statute of limitations for filing a claim in most states). You may want to check with your state to see if the statute of limitations differs from that time limitation. If you're unable to verify this information, we suggest that this documentation be kept a minimum of 10 years (the required period of time medical records must be kept). Since any and all parties may be named in a claim, the business, as well as the independent contractor should notify their insurance providers as soon as possible. If you need additional assistance, please do not hesitate to contact us.