What is a complaint?
A complaint is any written, signed report or allegation, regarding the conduct, competence or health of Registered Massage Therapist [RMT].  Any person, including a RMT’s supervisor, a co-worker, another health care professional, or a member of the public such as a client or family member, may make a complaint.  Complaints lodged with the New Brunswick Massotherapy Association, Inc. are usually of a very serious nature, such as substance abuse, physical and sexual abuse of clients and incompetence.

Mandatory reporting
Any RMT who has reason to believe that another RMT is unable to function safely to such an extent that the welfare of clients is jeopardized, is obligated to lodge a complaint with the NBMA.  Employers who dismiss an RMT for reasons of incompetence or incapacity are obligated to report that RMT to the NBMA.  In fact, failure to report is considered to be professional misconduct.

• Mandatory reporting on sexual abuse:  Provincial legislation imposes a legal obligation on health care professionals, including RMTs, to report incidents of sexual abuse.  Health care professionals who have reason to believe that another health care professional has sexually abused a client must report that person to their association within 21 days.  Sexual abuse is defined as:
• sexual intercourse or other forms of physical sexual relations between the member and the client,
• touching, of a sexual nature, of the client by the RMT, or
• behaviour or remarks of a sexual nature by the RMT towards the client.

Lodging a complaint
If you wish to lodge a complaint, please contact the Registrar of the NBMA for information on procedure and course of action.
How complaints are handled

• When a formal complaint is received, the RMT is notified immediately and given copies of the complaint and supporting documents.  The RMT’s employer(s) is notified of the complaint and asked to submit relevant information.  A meeting of the Complaints Committee is organized (a three-member panel consisting of two RMT and one public member) to decide whether the complaint should be dismissed or referred to the Discipline and Fitness to Practice Committee for further consideration.
• The Complaints and Fitness to Practice Committee schedules a hearing (a three member panel consisting of two RMT and one public member) to consider the complaint.  Both the RMT and the complainant may attend this hearing and the committee will receive testimony on the issue.  Once all testimony is received, the hearing concludes and the committee deliberates.  The committee assesses credibility of witnesses, weighs the evidence, determines the facts and considers what the accepted massotherapy standards are in the situation.  If the committee decides that the facts prove the allegations, it then considers the appropriate orders or remedies to be made concerning the RMT.

References
The following Professional Regulations pertain to the lodging and consideration of complaints:

• 3.05 Professional Misconduct
• 3.06 Composition / Duties and Procedures of the Complaints & Discipline and Fitness to Practice Committees
• 3.07 Complaints Committee Decision Timing
• 3.08 Provision of Information to the Subject of a Complaint
• 3.15 Complaint and Discipline Follow-up

These regulations can be found under Policies on this web site.