Source: MIL-OSI Submissions
Source: Health and Disability Commissioner
Deputy Health and Disability Commissioner Deborah James today released a report finding a massage therapist in breach of the Code of Health and Disability Services Consumers’ Rights (the Code) for failing to obtain informed consent for massage treatment to sensitive areas, and not meeting professional and ethical standards.
A woman had a 60-minute relaxation full body massage at a clinic. The clinic told HDC that full body massages include massaging of the head, neck, shoulders, arms, back and legs, but do not include the front of the body. However, in this case the therapist massaged the woman’s breasts and lower abdomen.
The massage clinic had employee rules that stated that under no circumstances should therapists touch the sensitive parts of the client’s body, including the front chest and inner thighs.
Following the massage the woman provided a statement to NZ Police about her concerns with a massage she received from the therapist. Following an interview with the therapist as part of an indecent assault investigation, NZ Police told the woman there was sufficient evidence to prosecute the therapist. However, the woman did not want to go through the court process, so NZ Police issued a warning to the therapist and forwarded the file to HDC.
Ms James found that “in carrying out the massage the therapist did not take adequate steps to protect, maintain or respect the woman’s privacy”.
Ms James considered that the massage therapist did not communicate adequately with the woman and did not provide her with the information she was entitled to.
“A client cannot give consent without first being told about proposed massage sites, and it is not sufficient to assume the client has given consent simply because they haven’t objected to specific treatment. Additionally, the clinic had rules expressly forbidding touching a client’s front chest and inner thighs and the therapist was in breach of these rules.
Ms James recommended that the massage therapist apologise to the woman, and consider registering with Massage New Zealand to obtain peer support and professional development, particularly on acceptable standards of client care, practice and ethics. Massage therapists are not currently required to be registered with a professional body.
She also recommended that the clinic:
- apologise to the woman;
- prominently display the Code of Rights and a complaint process;
- develop a client registration form for completion before the massage;
- implement a robust system for ensuring completion of the form;
- develop a policy outlining what a relaxation massage entails;
- encourage and support staff to register with Massage New Zealand;
- provide staff with an anonymised version of this report;
- ensure employee rules are clear about avoiding sensitive areas of clients’ bodies;
- ensure every client is provided with clean and freshly laundered draping and bed linen, and appropriate standards of hygiene are maintained; and
- undertake an audit of one massage a week over three months by an appropriate person recommended by Massage New Zealand.
