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Can a person legally perform what is called a Raindrop Technique

Resolved Question:

Can a person legally perform what is called a Raindrop Technique in North Dakota without being a licensed massage therapist or medical professional?
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.

Hello JACUSTOMER,

In North Dakota, you must have a license to perform massage, and massage is defined in North Dakota Century Code § 43-25-02(2) as follows:

2. "Massage" means the scientific and systematic manipulation of the soft tissues of the human body through any manual or mechanical means, using western and eastern modalities, including superficial hot and cold applications, hydrotherapy, reflexology, shiatsu, acupressure, and the use of salts or lubricants for the purpose of promoting, maintaining, and restoring the health and well-being of the client. The term includes assessment, effleurage (stroking or gliding), petrissage (kneading), tapotement (percussion), compression, vibration, friction, and active or passive range of motion and stretching either by hand, forearm, elbow, knee, foot, or with mechanical appliances for the purpose of body massage. Except as provided in this chapter, "massage" does not include diagnosis or other services that require a license to practice medicine or surgery, osteopathic medicine, chiropractic, occupational therapy, physical therapy, or podiatry and does not include service provided by professionals who act under their state-issued professional license, certification, or registration.

I am not specifically familiar with the "Raindrop Technique" but the above definition is pretty broad and encompassing. The definition seems to include any sort or touching and the application of oils to "promote, maintain, and restore the health and well-being of the client."

However, the law also contains the following exemption from having a license

43-25-04(6) Exemptions - The following persons are exempt from (the license law):

6. Any individual practicing healing by manipulating the energy field or the flow of energy of the human body by means other than the manipulation of the soft tissues of the human body, provided that the individual's services are not designated or implied to be massage or massage therapy. For purposes of this subsection, a light touch or tap is not a manipulation of the soft tissues of the human body.

Again, I am not specifically familiar with the details of the "Raindrop Technique", but perhaps it would fall within this exemption and thus you would not need a license.

If there is only light touching involved in the "Raindrop Technique" and you are not representing the technique as massage, or yourself as a "massage therapist" then I would give my opinion and say that you would not need a license because of the exemption found in 43-25-04(6).

You can find the North Dakota Century Code Here.

Thomas

Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2819
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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