A massage therapist has been ordered to apologise by the Health and Disability Commissioner (HDC) and been given a warning by police after touching a woman’s breasts while massaging her.
Deputy Health and Disability Commissioner Deborah James on Monday released a report finding a massage therapist in breach of the Code of Health and Disability Services Consumers’ Rights for failing to obtain informed consent for massage treatment to sensitive areas, and not meeting professional and ethical standards.
The woman had a 60-minute full body massage at a clinic - which didn’t involve massaging the front of the body. However, the therapist massaged the woman’s breasts and lower abdomen.
She gave a statement to police after the massage about her concerns, but decided not to prosecute and instead police notified the HDC.
James found that "in carrying out the massage the therapist did not take adequate steps to protect, maintain or respect the woman’s privacy".
"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.”
The HDC 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.
James also recommended that the clinic take a number of actions itself, including apologising to the woman and prominently displaying the Code of Rights and a complaint process.
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