If You’re Not Moving Forward, You’re Backing Up

There have been several developments in the regulation of massage in the past few weeks that I personally find distressing. Earlier this week, Florida Senate Bill 584 moved a step closer to passage. This piece of special-interest legislation would amend Florida’s massage therapy law to allow graduates of certain board-approved schools to obtain a temporary permit and practice for six months without a license, until such time as they fail the exam or become licensed, whichever comes first. Although the bill states that they must work under the supervision of a licensed therapist, the terms of that are not spelled out. Does that mean the supervising therapist is on the premises, in the treatment room, or giving an occasional phone call? This is where boards frequently get into trouble and spend a lot of time with something bogged down in a policy committee—when something has not been clearly defined—and in this case, “supervision” isn’t clearly defined.

New Hampshire is trying to abolish massage licensing altogether, as a cost-cutting, government-reducing move. That would of course mean back to square one, where anyone who knows absolutely nothing about contraindications for massage, endangerment sites, or professional ethics can feel free to call themselves a massage therapist.

Utah just amended their practice act to remove the key word “therapeutic” from the scope of practice definition and added in the word “recreational”, in what is in my opinion a misguided attempt to thwart sexual activity being conducted in the name of massage. Other than the fact that I think House Bill 243 is a big step back for our profession, I was just as shocked that the government relations folks in the Utah chapter of AMTA supported it to start with. I’m an active member of the North Carolina chapter, and I cannot imagine the leadership of our chapter supporting that.

I was gratified a few days ago to see Les Sweeney, President of ABMP, and a few days later Bob Benson, the Chairman of ABMP, weigh in with the same attitude I have about this legislation. Rick Rosen, who is a former Chair of the North Carolina Board of Massage & Bodywork Therapy, former Executive Director for FSMTB, and currently the Executive Director of AFMTE, made a comment on Bob’s blog that I think nailed the important points of this issue:

The most critical component of the state law for any regulated profession is what’s known as its Scope of Practice definition. The list of prohibited acts in a law is important, but less so than the scope definition. If what you want to do in your massage therapy practice is not listed in the scope, you can’t legally do it.

The Utah action that removed the term “therapeutic” from the scope definition, and added the term “recreational massage” may have the effect of narrowing the scope of practice for massage therapists. At the very least, it takes massage therapy out of the realm of health care and into the murky world of “other business activities”, which includes adult entertainment.

Considerations around enforcement of a Practice Act should not take precedence over the scope itself, and it is not a sound justification for downgrading the law. That’s what has occurred in Utah, and the Licensed Massage Therapists of that state will have to deal with it.

Every single word in statues and rules that regulate the practice of massage therapy is important. What you think it says is not always what it means — or what it will produce in the daily administration of a regulatory program. That’s why we need experienced and competent government relations professionals representing our interests.

I report on the legislation of massage, and I have future aspirations of working in government relations. I’ve spent a lot of time in the past few years doing research on boards and practice acts, and while I’m certainly not as experienced or learned as Rosen, I think I’m at the point of recognizing a piece of bad legislation when I see it. The way I see it, if you’re not moving forward, you’re backing up.

12 thoughts on “If You’re Not Moving Forward, You’re Backing Up

  1. tunisia

    Laura,

    Your Blog is wonderful and I appreciate your writings. Thanks for keep everyone informed I will pass this on to my massage therapist and encourage them to subscribe to your blog.

  2. Pingback: If You’re Not Moving Forward, You’re Backing Up | Bellingham Massage

  3. Sue Shekut

    “I report on the legislation of massage, and I have future aspirations of working in government relations.”

    I can’t think of a better person to be working in government relations for massage therapy. What would this entail? A Presidential appointment (Massage Czarina)? Working within AMTA-national or ABMP? Creating a new organization? Or just continuing in the realm of massage as you are now? Inquiring minds want to know. So then we can support you in those efforts. 🙂

    Thanks for all you do, Laura!

    Sue

  4. Vivian Mahoney

    Laura I am so thankful you are bringing all the pieces together for all to see. I am totally appalled at what has happened, has been happening and what will continue to happen if someone with knowledge, guts and determination does not get on a bandwagon NOW and protect those who do not know how to protect themselves. That goes for massage therapists as well as the public.

    Oregon, Wyoming and other states have had big problems and from what I have heard in some cases, AMTA has been a bigger road block to them than a help. I say that with tounge in cheek because I am and have been a member of AMTA for 26 years. I have seen so often where they STOP progress instead of helping to move forward. I know personally of two major issues that I and others worked on for months, get it to the door of success only to be blocked or stopped.

    If every state had a STATE Association like FL has with the FL State Massage Therapy Association, (FSMTA) had even before licensing, since 1939, they would be able to have at least some state successes! You can’t knock success and should take the good from it and move forward, or as Laura says, if you aren’t moving forward, you are moving backwards.

  5. Dusty Graham

    The State of Georgia amended its Massage Therapy Practice Act last year, making it clear that local governments had the ability to regulate massage businesses. Because of this, I have spent the past seven months trying to keep my city government focused on massage, and not prostitution, while they drafted their new ordinance.

    I am happy to say that I had _some_ success, but massage can be practiced under such a broad range of business models, that some totally legitimate activities are now illegal in Duluth, GA.

    I tried, but it is hard to craft an ordinance for massage when police and city officials are so totally focused on prostitution. We’ve still got miles to go.

  6. Sherrie Tennessee

    Laura,
    I was surprised to see you comment in regard to the Florida Senate Bill and being able to work without a license. It’s crazy because I have been working on getting my massage license here for almost a year but stopped after I was told I needed to go back to school for a year and pay close to $1000 in the process, plus the application fee. It wouldn’t be so bad if I hadn’t been a massage instructor for almost six years and taught the classes I am required to take. So it seems ridiculous that such a loop hole has been created, when there are so many hoops to jump through on the other end. Thank you for your insightful post.

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  10. Joel Horwitz

    Hi All,

    I appreciate your blog and have a different view that I hope could be thought about before being decided upon.

    I feel mandatory licensing of massage, a timeless art, has done nothing positive for the field. Prostitution is already illegal through vice laws, and statistics that more people are hurt by non-licensed massage practitioners than by licensed massage therapists have never(to my knowledge) been presented nor proven. In fact, I could see a very strong possibility that more are hurt by licensed therapists, especially during their beginning learning curve period.
    If someone gets hurt by a Licensed or unlicensed massage provider, the victim can sue.
    The public should have the right to choose a trained therapist or a naturally-talented massage artist.
    All mandatory licensing has done, is legislate against competition, and make lots of money for over priced massage schools, the testing companies, and the government.

    Massage is an Art. Let the public choose their Artist.

    New Jersey’s prior Certification Choice was better than the Mandatory Licensing Act. It let the public know if they were choosing a particularly trained provider or not.

    Our field is probably the lowest -paid “therapist” field. That fact should be our main concern, Not preventing an art form without a license.

    The fact that it is a felony(with possible jail time) to give a chair massage in New York without a New York License is nothing short of insane.

    Equally insane is the fact that a licensing act is a usage act, actually making it illegal to give anyone(family, friend, mate) a massage without a license.

    This is all in a way, the fault of the Massage Therapist Lobby.

    Thank You

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