Category: Ethics

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“Ownership” of Clients

If you’re an employer of massage therapists, or you are a massage therapist who’s is employed by someone else, who “owns” the client? The short answer is, no one. People have the right to go where they choose, and to patronize whatever massage therapist they choose to patronize. The long answer is a little more complicated.

A friend of mine who employs other therapists in her practice was upset last week when an employee gave clients a reminder call from her own cell phone on her day off, instead of calling them from the office. The issues there were ownership of the client’s information and a concern about HIPAA violations…and two clients actually called the office to ask why they were being called from the therapist’s cell phone, since previous calls had always come from her office.  She not only fired the employee, she also went to the police about data theft and filed an ethics complaint with the NCBTMB. The business is in an unregulated state, or she would have filed an ethics complaint with the state board, as well. She had plainly stated in her policies and procedures manual that taking the phone numbers and or other information of clients was prohibited, and discusses that fact with each new person she hires. The therapist had done more than just take the phone numbers; she had also downloaded all the treatment notes, etc., including those sessions performed by someone else that she was not involved in. The owner was perfectly within her rights to fire the employee and take the other actions, based on that policy.

I run things differently in my office. Nearly all of the half-dozen therapists who work at my clinic as independent contractors have the phone numbers of their regular clients in their cell phones (remember, my friend’s staff members are employees). It’s our procedure to ask clients if they would like a reminder call or a text message, and it’s my own desire for the therapists to make those calls personally instead of depending on me to do it. I’m the office manager and chief bottle-washer at my place of business, and in addition to the therapists, I also have an acupuncturist, a chiropractor, a clinical herbalist, and an aesthetic nurse there. I make the reminder calls for the chiropractor. I expect everyone else to make their own.

Some people would say that I am making it easy for them to steal clients, in the event they were to leave my practice and go elsewhere. That’s true, but I choose not to look at it that way.  First and foremost, my staff is what has made my business successful. I’m just the ringleader. Everyone there genuinely likes, supports, and refers to each other; it’s a family atmosphere. Staff turnover has happened so rarely that in 8.5 years of owning my business, I can count on one hand the number of people who have ever left. The few times it has happened, I can only think of one of those occasions when a few clients left my business to follow the departed therapist. I don’t begrudge them. They were attached to their therapist, and that’s okay. On the few occasions someone has left, I willingly gave their contact information to clients who called after their departure, if the client didn’t want to see someone else. It wouldn’t endear me any to the public if I was nasty about it. One of my former staff members opened her business less than a mile away from mine. I’ve given her number to quite a few people. It hasn’t hurt my business.

Some employers in our profession require their staff members to sign non-compete agreements, which usually state something along the lines that the person will not practice massage for X period of time within X miles of proximity. Here’s the reality: non-competes aren’t worth the paper they’re written on, unless you are the VP at Massage Envy, privy to proprietary company secrets. In that case a non-compete could stick, but as far as a massage therapist in the average privately-owned business, it is nothing more than an attempt to restrict free enterprise, and will never hold up in court. Of course, an owner with sour grapes can press the issue and cost the therapist time and money in fighting it, but ultimately, the chances of it being enforced are slim to none.

Client information is actually the property of the client. If any client walks in the door and asks for their file to take to their new therapist, you’re obligated to hand it over. You may (and should) keep a copy for yourself, since most state boards have a requirement about what length of time you’re obligated to keep records. You can charge them a copying fee, if you’re so inclined.

My friend was being rightly cautious about HIPAA violations. Since the guilty therapist downloaded client information onto her smart phone, if she were to lose her phone and anyone finding it could access client information, that wouldn’t be a good thing. The burden is on the owner of any business to safeguard client information. Unfortunately, HIPAA has not quite caught up to technology, and some of their wording in regards to the protection of and responsibility for electronic data is vaguely worded. The police department was actually having a hard time deciding what article they could charge the therapist under, because it isn’t very clear on the HIPAA website.  They have a statement on their site that they are “still developing rules.”

When you have been employed somewhere, and you take a different job or go out on your own, it is perfectly legal to take out some advertisements in the paper that say “Laura Allen, Massage Therapist, formerly of THERA-SSAGE, has opened her own practice at Wellness Way in Oxford.”  In fact, it’s a press release, if you send one in to the business editor.

The bottom line is, there are different strokes for different folks. If you are an employer, you have the right to set your own rules. One caveat–it is not enough for you to just tell people on the day you hire them what all your policies are. You need to have a manual, and/or an employment/IC contract, that spells out your policies and procedures in clear terms. And if you’re out there seeking a job, or you already have one, you are obligated to abide by the policies your employer has set forth. If you want to do your own thing, then open your own business. When you agree to go to work for someone else, you agree to abide by their rules, and that includes not stealing client information. It can cost you a lawsuit, and might cost you your license as well, if an employer files an ethics complaint against you.

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Kudos, and a Few Thumps on the Head

The year is winding down; all the award shows have been on television lately, and I’d like to give out a few of my own, along with a thump or two on the head of those who need it. Call me a critic! These are my opinions only and should not be construed as the opinion of anyone else.

Kudos to Rick Rosen for starting the Alliance for Massage Therapy Education, and to the organization for putting on one of the best meetings I’ve ever attended earlier this year, and for taking the initiative to set some standards for teaching massage. If you are involved in massage education and you haven’t joined yet, I suggest you quit procrastinating.

Kudos to the Massage Therapy Foundation for all the work they do in promoting research in the field, and in particular for offering classes in Teaching Research Literacy. And to Ruth Werner for being such a fabulous ambassador for the organization.

Kudos to the executive officers and chairs of the Alliance for Massage Therapy Education, the American Massage Therapy Association, Associated Bodywork & Massage Professionals, the Commission on Massage Therapy Accreditation, the Federation of State Massage Therapy Boards, the Massage Therapy Foundation, and the National Certification Board for Therapeutic Massage & Bodywork for coming together this year at the Leadership Summit, and particular kudos to Bob Benson of ABMP for taking the responsibility for making that happen.

Kudos to Paul Lindamood, former CEO of the NCBTMB, for doing such a great job in putting that organization’s finances back in order. I was very sorry to see him go.

Kudos to AMTA, in particular the Oregon Chapter, and Glenath Moyle, National President, for putting on one of the best conventions in my memory. Kudos also the the thousands of AMTA members who volunteer at their chapters and the national level.

Kudos to ABMP for their generosity in allowing everyone, regardless of what organization they belong to (or none at all) to read Massage & Bodywork Magazine online for free, and for providing the huge forum at www.massageprofessionals.com, which is also open to everyone.

Kudos to Facebook. Not only are they my favorite place to hang out online, they are also spending millions of dollars building their new data center in my hometown, and providing much-needed employment in a very economically depressed area.

Kudos to Dr. Christopher Moyer, Bodhi Haraldsson, Paul Ingraham, Ravensara Travillian, Alice Sanvito, Rose Chunco, and the other folks out there who keep beating the drum for Evidence-Based Practice of massage.

Kudos to Jan Schwartz, Whitney Lowe, and Judith McDaniel of Education Training and Solutions. They don’t toot their own horn enough about some of the excellent work they have done for the Massage Therapy Foundation, the World Skin Project, and in general advancing excellence in online education.

Kudos to Angie Patrick of Massage Warehouse for her tireless work in the Sanctuary and raising money through massage for the Massage Therapy Foundation, the Liddle Kidz Foundation, and other worthy causes.

Kudos to all the massage therapists in the trenches, who give of their time in performing community service and their income to support deserving populations and those who can’t afford massage. I know hundreds of them so I just can’t list them all here, but every day, someone is out there donating the awesome power of touch in hospices, abused women’s shelters, the VA hospitals, homeless shelters, and hospitals. Bless them all.

Kudos to all those teachers out there who have what I refer to as “a higher calling.” Those who are teaching hospice massage, cancer massage, pediatric massage…There are too many to name, but they are led to work with the sick, the dying, the special-needs. Bless them all, and those they teach.

Kudos to any massage school and/or instructor who is teaching their students to be research literate.

And now, a few thumps on the head. The names have been omitted so as not to put the magazines who publish my blog in danger of a lawsuit, but you know who you are:

A thump on the head to the therapists who say “I’m better than any doctor or chiropractor. I will heal you when they can’t.”

A thump on the head to the therapists who say “I don’t refer out to anybody. No one is as good as I am.”

A thump on the head to the therapists who say to their clients “You really need this  (expensive water filter, nutritional supplements, foot patches, juice by so-and-so) etc that I am selling.”

A thump on the head to the therapists who say “I don’t need continuing education. I already know everything there is to know.”

A thump on the head to the therapists who impose energy work on every client who gets on their table, as if it is some God-given right, when the client hasn’t asked for it, doesn’t want it or believe in it, and it hasn’t been discussed.

A thump on the head to the therapists who are telling their clients that massage is detoxifying them and that they need to drink a lot of water to flush out their toxins.

A thump on the head to the therapists on massage forums who can’t behave and can’t have civil discourse, and instead resort to name-calling and personal attacks.

A thump on the head to the therapists on Facebook who are identifying themselves as MTs and posting pictures of themselves that look like they belong in the centerfold of Hustler.

I could thump all day–and give kudos all day–but I’ll save some for a future blog.

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Report from the AFMTE Annual Meeting

I’ve just returned from the second annual meeting of the Alliance for Massage Therapy Education in Charleston, SC.  It was an excellent gathering from start to finish.

There were keynote speakers throughout the weekend, daily opportunities for those present to give input into the initiative on teacher standards the Alliance is undertaking, informative continuing education classes, group sessions, a comfortable setting, and plenty of socializing with friends and colleagues.

The first keynote address, “Creating a Culture of Teacher Excellence,” was given by Tracy A. Ortelli, an education director from the nursing field who has vast experience in implementing standards of teaching excellence in that profession. She was a good choice since the same difficulties basically face any licensed profession when their educational objectives are evolving with no way to go but up. She was very engaging and had a lot of expert advice to share…including what personally jumped out at me:  “Do not assume that people learn to be teachers through on-the-job-training, or ‘trial by fire’, rather than through planned, deliberate preparation.” Timely advice for all those last year’s students who are this year’s teachers, and those who place them in those positions.

Executive Director Rick Rosen gave a report on the state of the Alliance, including the good news that attendance at this year’s meeting was up 50% from last year’s inaugural session. Rosen also shared the details of the simplified dues structure and the many new and improved benefits that are a part of Alliance membership.

Becky Blessing gave presentations on the Alliance Code of Ethics and the National Teacher Education Standards Project, and Core Competencies for Massage Therapy Teachers. I attended all three. Ben Benjamin spoke about the dynamics of effective communications. I attended a presentation on government relations led by Sally Hacking, the Queen of Government Relations (she’s actually the GR rep for the FSMTB, but she’s been doing this for 40  years for a number of entities so she’s the Queen to me) and Pete Whitridge, President of the BOD of the AFMTE.

I also attended a session on the proposed new CE approval program of the Federation led by Debra Persinger, and their new CE project coordinator Lorena Haynes, with Sally occasionally making clarifications. Among the attendees at that meeting were Alexa Zaledonis, Chair of the NCBTMB and Sue Toscano, Chair-Elect. They were a class act in that meeting and expressed their willingness to cooperate and collaborate with the FSMTB, an attitude  that would do well for all concerned to adopt. It was a lively discussion. Jan Schwartz also gave a great presentation, “The Role of Massage in Complimentary Health Care.”  Other topics for massage schools, instructors, and CE providers, including instructional design, financial aid participation for schools, increasing enrollment, and ethics in education were covered by Iris Burman and Cherie Sohnen-Moe, massage school marketing strategist Lex Filipowski, Anne Williams, Dr. Tony Mirando and Demara Stamler, and Nancy Dail.

In between all this great education, I had dinner with Sally and Ed Hacking and Jan Schwartz, enjoyed a fabulous dinner another night with Lynda Solien-Wolfe and ten other friends, and got to chat with Anne Williams and Les Sweeney, Winona Bontrager, Sandy Fritz, Ariana Vincent, Sharon Puszko, Cherie Sohnen-Moe and lots of other folks. Ruth Werner pointed out to me that she had counted nine textbook authors present. Incidentally, Ed Hacking is also 350 pages in to a book he is writing. He let me read the first chapter. I hope I’m still able to write a book when I’m 94! Ed is one smart fellow. I also taped an interview with Ryan Hoyme, the Massage Nerd, and afterward we spontaneously decided to tape a promo for the Alliance, which ended up getting shown at the meeting.  That was my first effort as a volunteer for the membership committee. Lynda Solien-Wolfe also gathered me, Bruce Baltz, Cherie, Ralph Stephens, Linda Beach, Anita Shannon and others for a roundtable interview for Performance Health and BioFreeze.

North Carolina had a big contingent present at the meeting: Gloria Coppola, Claire Marie Miller, Anita Shannon, Cynthia Loving, Nancy Toner Weinberger, and several more. Industry partners and association members, including Bon Vital, COMTA, the Massage Therapy Foundation, Mother Earth Pillows, NACCAS, and several others had exhibits that were well-visited.

So much happened, I feel like I haven’t covered half of it, and I could go on and on about the wonderful gathering of educators and the work and camaraderie that took place, but I’m going to cut to the chase: every educator needs to join the Alliance for Massage Therapy Education. Whether you are a school owner, program director, CE provider, or industry support partner, the Alliance is going to accomplish great things for the advancement of massage therapy education. This is an opportunity to have a voice and a partnership in many resources for that, and I encourage you not to pass it by. Jan Schwartz closed her presentation with a line I’m going to steal: “If you’re not at the table, you’re on the menu.”

Come to the table. Visit the Alliance website at www.afmte.org and join today.

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Professional Jealousy: Not Professional at All

Have you ever been a victim of professional jealousy? Even worse, have you been one to perpetuate it? I personally can’t think of any motivation to be so jealous of a fellow massage therapist that I would do something to try and sabotage their business, or repeat rumors or outright untruths about someone in the hope of ruining his/her reputation. And yet, I hear about this every day.

Someone wrote me recently that some current students from the massage school that she had attended had passed along to her that their teacher was holding her out as an example of a terrible massage therapist and business failure–actually calling her name in class. That teacher needs to be fired in my opinion. Even taking into account that there might be any truth in what she was saying, which I didn’t believe, teaching a class full of impressionable students that kind of nasty behavior is just unacceptable.

I experienced something similar at a business meeting recently. Myself and several other people were present at a meeting of local professionals and a new director was presiding over the group for the first time. I had never met the man and he didn’t know a thing about me. I asked him the question if membership had fallen off some due to the recession, and he replied to me, “No, most people left because they hated _____ (the former director).” I was shocked beyond belief and informed him that the former director had never been anything other than nice and helpful to me, and that I had never seen him be less than that to anyone else. Again, bottom line–doesn’t matter if it was true, it was very unprofessional of him to say that in front of the group, especially considering he was brand new and not even acquainted with most of the people there.

A few weeks ago I heard from a massage therapist who had seen a male therapist as a client.  She made it clear that he had absolutely done nothing wrong, but she said she just got a “vibe” off him. I questioned her about the things he had said and any behavior that took place, and nothing at all had happened…but she wanted to know if she could warn other people about him! I repeat, the man hadn’t said or done anything…she was just projecting that he might do something in the future! Why would you try to ruin someone’s career by spreading that kind of tale? After doing a little more investigation, I found that he had a very successful practice that was not far from her office, while she was having trouble getting hers off the ground.

I’ve known of therapists who opened up a business in close proximity to another MT who was already established, and started advertising their prices at half of what the established therapist charges in an attempt to steal clients.

I’ve heard from therapists who say they won’t refer out to anyone else–even someone who has a different skill set or modality than they do, even when the client is seeking something–and they justify that by saying “No one is as good as I am.” I also see a lot of so-called “medical” massage therapists who act as if they are superior to the therapist who does Swedish massage and who talk about those therapists on the discussion boards as if the Swedish practitioners are the peans and they are the Queen of Massage…go ahead and believe that. You’re making me laugh.

And while I’m on a roll, I’ll just go ahead and mention Massage Envy. I hear therapists criticize them all the time for their low prices–and in reality, their therapists get paid as well as many MTs I hear from who work for chiropractors and in spas, judging from the mail I get and social networks I’m on–and I have also heard many derogatory comments about their massage, as if anyone who works there couldn’t possibly be giving a good massage because they work for Massage Envy, and that is just plain wrong.

Slandering fellow therapists isn’t going to get you any success. Charging half-price isn’t, either. Oh, it may suit you for a while, but eventually, you’ll come to realize that people get what they pay for and that you’ll become resentful of doing the same work for half the money.

Folks, there are enough aching bodies and stressed-out people to go around. Professional jealousy is ugly. It is mean-spirited, and it is about as unprofessional as you can get. If you’re confident in your own abilities, then you don’t need to be jealous of anyone else.

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Teaching the Teachers

I inadvertently insulted a massage school owner yesterday by making a FB post saying that I wasn’t impressed by a school that had only one teacher to teach the entire curriculum, and that I wouldn’t choose such a school, personally. To begin with, I wasn’t speaking of his school when I made the post, and I had no idea that he was teaching his entire program himself, as his website gives a different impression, listing four faculty members. A couple of his satisfied graduates weighed in with the fact that they were pleased with their education, and many more who didn’t attend that particular school offered comments about the need for diversity and differing perspectives. Some said they’d rather have one good teacher than a bunch of bad ones. I’m going to stick to my guns on that one, and it is just my opinion and mine alone, that it wouldn’t be for me.

There’s no law anywhere that I’m aware of that prohibits one person teaching the whole program. The standards for massage therapy education vary from state to state. The quality of massage therapy education varies from school to school, and even from teacher to teacher. I also stated in my post that I’ve seen the good, the bad, and the ugly. There are brilliant and engaging teachers; there are teachers who know their subject but who are so droll and boring you can’t bear to sit through it; and the sad fact is that there are plenty of people teaching who shouldn’t be teaching at all. A good massage therapist and one who is good at teaching are two different things, many times.

Some states allow anyone who’s breathing to teach a class, and schools often take advantage of that by using last year’s graduates as this year’s teachers. At the other extreme are states with requirements that you must have a college degree in the area you are teaching, at least for science-based classes like A&P, or that you have been licensed as an MT for X number of years before you can teach hands-on classes.  There’s no consistency.

I’m at the end of my five years of service on the North Carolina Board of Massage & Bodywork Therapy, and I have served the School Approval Committee that entire time. Since I’ve been on the inside, I can state that our system isn’t perfect…we state in our rules that teachers should be “trained” but we don’t go far enough with that…there’s no set number of hours of training required, and each school basically does whatever they please on that front. One has a year-long training program. Another has a two-hour orientation and calls it their training program. The others fall somewhere in between. My pet project recently has been encouraging schools to teach research literacy to their students. It seems to be slow to catch on. Some school owners have the attitude that if something isn’t in their board’s requirements, they’re simply not going to do it, and that’s a shame.

So who teaches the teachers? The AFMTE is working on a big project, the National Teacher Education Standards Project. I applaud that wholeheartedly, but I will point out that the AFMTE isn’t a regulatory board and all they can do is put it out there, they can’t force anyone to participate. The Massage Therapy Foundation is offering classes around the country in teaching research literacy, but the same is true of them; since they’re not a regulatory board, they can’t force participation. That’s just too bad on both counts! I’d personally like to see teaching research literacy a requirement in every school. Both of these organizations are saying, “Here we are, here’s what we can do to improve education.” But again, since there’s no law requiring it, some–and by some I mean the vast majority–aren’t getting on the bandwagon. What I fail to understand is why any school owner or program director wouldn’t want to give their school–and their students–their best shot.

While I do concede that there’s a complainer in every crowd, when I see the same complaint from multiple students/graduates, it gets my attention. There is rarely a day that goes by that I don’t get emails or phone calls from students all over the country with some tale of woe about their school experience.

On last weeks’ blog, Self-Sabotage–or How I Got Your Clients, I offered up a bunch of the reasons that clients have given me about why they left another therapist and started coming to me. So here are some of the comments that I have received from students:

“Even though it’s in our school catalog that we have a dress code, our teachers don’t follow it themselves. They dress in the same way we’re told not to.”

“There’s no substitute. If a teacher has to be out the class just gets canceled.”

“The teacher is rude if anyone questions anything. Her answer is usually because I say so. I don’t think she knows the real answers.”

“Our teacher didn’t like teaching Ethics, so at every so-called Ethics class, they would just spend the whole hour talking about something else.”

“Our teacher doesn’t know anything about the licensing laws in our state.”

“Our teachers are always contradicting each other and you don’t know who to believe.”

“The A&P teacher couldn’t pronounce the anatomy terms.”

“Our teacher lets us out early all the time because she has somewhere to go. I don’t think I’m getting what I’m paying for.”

“My teacher has had affairs with several students.”

“My teacher’s girlfriend is in the class and he uses her for every massage demo.”

“All of our tests are open-book. I don’t feel like there’s any proof that we’ve learned anything.”

“My teacher tries to impose his religious beliefs on us.”

“My school told me it wasn’t going to be a problem that I had a criminal record but after I graduated I found out I couldn’t get a license.”

“The teacher just graduated last  year and in spite of the fact that she has failed the exam three times and doesn’t have a license, the owner feels sorry for her and is letting her teach.”

“There’s no diversity. One teacher teaches everything.”

“One of the female teachers gives every male student a hard time and picks on them constantly.”

“When I complained to the owner about the unprofessional behavior of one of the teachers, she told me I was free to drop out but I wouldn’t be getting my money back. She didn’t even listen to the complaint.”

“My school experience has been very disappointing but I’ve already paid the money and I’m just trying to stick it out until graduation.”

I honestly could go on for days with the comments. And like I said, when it’s just one whiner, I don’t pay much attention, but when I hear the same thing repeatedly about a school, I encourage those students to report it to the board. If our board gets a half-dozen complaints about the same school or the same teacher, you can bet we’re going to investigate it. I sometimes get emails from students who say they are afraid of retaliation if they complain, and that’s too bad. It just means that whatever problems are there will be perpetuated for the next class of students.

As a school owner or program director, your priority should be to get the best people you can get to teach your students, and to ensure that they are not only familiar with the subject, but that they are trained in teaching adult learners, that they incorporate research references into their class, that they are trained in teaching to diverse learning styles, and that they present themselves and behave themselves in a professional manner. If you allow your teachers to come to class looking like a homeless person, then the blame is on you as much as it is the teacher. If you look the other way while your teachers are having affairs with students, the blame is on you as much as it is the teacher. If you don’t listen with an open mind whenever a student has a complaint about an instructor, shame on you. If you’ve heard the same complaint more than once and haven’t discussed it with the instructor, double shame on you.

If you really want the education that you’re offering to be the best that it can be, you’ve got to teach your teachers. Don’t just hire someone and hand them a syllabus and think they’re going to do a good job. There are resources available and you should be using them.  If you’re not conducting a thorough teacher training program, or requiring your instructors to attend one, or not having teachers trained in research literacy and teaching that to students just because it isn’t a state law, then I urge you to step up to the plate and go beyond what the state law requires. Your school will benefit from it. Your students will benefit from it. The massage-seeking public will benefit from it.

Resources:

ABMP Massage School Instructor Resources

Alliance for Massage Therapy Education

AMTA Schools Resource Center

 

 

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More Myths of Massage

Last week I wrote a post on Facebook about some of the myths of massage. My statement on this issue was and continues to be that I am not accusing anyone of telling a deliberate lie, nor am I attacking the character of any teacher who has helped to perpetuate these myths. I choose to believe that everyone has good intentions.

Before I became interested in the evidence-based practice of massage, I’ve been just as guilty as sharing some of them myself. There seem to be so many of them, and in my opinion  people tend to blindly accept what they learn in massage school. We view teachers as authority figures, but the fact is, teachers have a tendency to repeat what they were taught in massage school…so they pass that on to their students, who in turn share that false information with their clients, with the best of intentions. Some of those same students go on to become the next generation of teachers, and those same myths just keep being perpetuated.

Yesterday I heard from Lee Kalpin of Ontario, who shared a few more of these massage myths with me. I am presenting them here, and if anyone has any valid research references that will back these up as fact, please feel free to post it for our enlightenment.

– Massage removes toxins from the muscles.

– Lactic acid is responsible for DOMS (Delayed Onset Muscle Soreness).

– Massage can get rid of cellulite.

– It is contraindicated to massage a person who has cancer (or had cancer).

– If you massage a person who has consumed alcohol, it will increase the effects and make them more intoxicated.

– You can strengthen muscles by performing tapotement.

– You can straighten a scoliosis by doing tapotement on the weak side and stretching on the tight side.

– Manual Lymph Drainage causes the lymphatic channels to collapse for 20 minutes so you cannot do any other manipulations after MLD.

– You should never do more than 3 trigger point releases in a treatment (no reason stated for this one – it was just stated as a fact).

– Ischemic compression for trigger point release should be done as deep as possible.

– Only deep massage is therapeutically effective – as deep as possible. Lighter massage is just for relaxation.

– You should not massage pregnant women during the first trimester.

– You should not massage the feet and ankles of a pregnant woman as it may cause her to miscarry.

– Drinking lots of water flushes toxins out of the system – encourage the client to drink water after a massage.

– You cannot massage a person who has “high blood pressure” – definition needed about how high is high, and cause of hypertension.

– You must massage toward the heart or you could damage the heart valves.

– It is contraindicated to massage pitted edema.

I must say that I have heard all of these at one time or another. Where did they come from? I don’t know. As one FB friend said “I heard it from some reputable teachers.” And they probably heard it from their reputable teachers.  So let’s just let the buck stop with us. If the words “research shows” are going to come out of your mouth, then back that up with the actual research reference, and if you can’t produce any, don’t say it–to your students or to your clients. If all the evidence you need is that massage helps people feel better, then let that stand for itself and don’t make wild claims. And please, as I said above, if you have the research to prove any of these statements, share that with the rest of us.

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The Utah Brouhaha

A couple of the officers of the Utah Chapter of AMTA are upset with me for a video I put out yesterday about H.B. 243 that is in the works in their state. You may read the bill here.

This bill removes the term “therapeutic” from the description of massage. It also modifies the language in their Practice Act to include “recreational massage.” Is there anyone among us who would like to be known as a recreational massage therapist? Please weigh in on that. I am personally not acquainted with anyone who would like to be known that way.

I read the bill in its entirety, when it was brought to my attention, and then, AMTA member that I am, went to the Utah Chapter’s website to see what they were doing about this. I was shocked to see no mention of it anywhere, so during the course of the video I encouraged AMTA members to get in touch with their board members and mobilize them to take action on this, and I urged all Utah therapists to contact their legislators to protest what in my opinion is a detrimental change in their language. I posted it on the Utah Chapter’s FB page, as well as my own.

Imagine my disbelief when I received a communication from one of their officers on my YouTube channel telling me that I should have contacted them before making my video and telling me to take it down asap. They are of course free to remove it from their own page. They are not free to tell me to remove it from mine. It has had over 700 hits in the last 24 hours and been shared by over 400 therapists. One therapist had made a positive comment about H.B. 243 on FB, the last time I checked. Too many others to count were all as distressed about it as I was.

I also received a lengthy and polite response from one of their officers, that stated  “There is no mention of this on the Utah Chapter website. This matter has purposely not been published on our website at AMTA Utah Chapter precisely for the purposes of NOT bringing attention to the fact that the Massage Therapy Practice Act was being “opened for changes” in this legislative session,” and ended with the request that I remove the video without comment, and to check with them in the future before I make any reference to Utah again.

Sorry, but that will not be happening. Perhaps you have heard of the First Amendment.

Perhaps you have also heard that all legislation is an open book–or it is supposed to be. It is the public’s right to know. If something is affecting massage therapists, it is the massage therapist’s right to know. And it is the mandate of any public board and any non-profit organization to operate in a transparent manner. Anything less than that is unacceptable. Nothing is, nor should it be private, about changes in a Practice Act.

The two AMTA representatives, one of whom emailed me and the other who left a comment on my YouTube page,  obviously feel differently than I do about this, and that’s their right. We can agree to disagree. But as much as I am personally mortified by this bill, I am even more mortified that someone would think that massage therapists shouldn’t be informed of what is going on in their own state, given the opportunity to weigh in on it, and to openly hear their professional organization’s stance on it, until after the fact. That doesn’t work for me, and it shouldn’t work for you. I have preached this sermon many times about knowing what is going on in your state, and this is a prime example of that.

Any state’s Practice Act may be up for changes at any time.  And when a precedent is set in one state, it’s that much easier to get it passed in another. Practice acts are always “open” to changes, assuming any interested party can manage to get it on the legislative calendar. Here in NC, we had a detrimental change that our Board had no knowledge of  at all until it was a done deal. That’s not a good thing–and keeping secrets from the massage therapists who are affected by proposed changes in legislation is not a good thing, either. I refuse to apologize for spreading the word, or for expressing my opinion on it.

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Report from the Federation of Associations of Regulatory Boards

This past weekend, I attended the annual FARB conference in New Orleans.  FARB, the Federation of Associations of Regulatory Boards was formed in 1974. Members come together for the sharing of information; public boards of all types are welcome to join, as are industry supporters such as testing companies that provide exams to the membership and the law firms that represent the Boards.  The Federation of State Massage Therapy Boards (FSMTB) is a member, as is the North Carolina Board of Massage & Bodywork Therapy, and it was on our Board’s behalf that I attended.

The conference was quite enlightening. It was my first time attending this particular meeting, and the panel included speakers from various boards, everything from medical boards to social work, optometry, and even mortuary boards. Debra Persinger, Executive Director of the FSMTB, was one of the dozen or so panelists. The primary topic of discussion was the various problems facing public boards today and how those can be addressed. It seems that no matter what kind of board was represented, we all have the same problems: unethical behavior from licensees, problems with public perception about what a board actually does, problems with education and exam breaches, lawsuits, interference from lobbyists, and a lack of transparency, among other things.

The first speaker was Meghan Twohey, a reporter from the Chicago Tribune, who for a year or more has been reporting on problems surrounding the medical profession in IL. She has repeatedly been denied access to medical board records surrounding physicians who have been accused of rape and sexual assault–and who have not been disciplined–they’re still out there practicing on the public. It really brought to light how professions with powerful lobbies can close ranks around their members and continue to abuse the public trust.

Persinger spoke about various problems with massage and bodywork exams, including one association who is still giving handwritten exams in public libraries with no security measures at all in place. A representative from Pearson Vue, who administers the exams for both the MBLEx and the National Certification Exams, explained that Pearson Vue is now using something called Palm Vein technology to identify candidates at their test centers. It is reportedly much more reliable than fingerprints and should eliminate the problem of proxy test-takers who use fake ids to take a test on behalf of someone who can’t pass it.

Quite a bit of legal advice was dispensed by attorney Dale Atkinson, who represents FARB, the FSMTB, and numerous boards and agencies all over the country. Among his advice to boards, that got my attention because as a board member myself I have seen it happen: never accept voluntary surrender of a license but to instead insist upon a consent order.  He also advised boards not to be afraid to permanently deny an applicant, something that in five years I have never seen happen. We have refused to license people based on their criminal record, but they are usually told they can reapply in X number of years, usually 1-5 years. The logic, which makes perfect sense, is that some people will never be suitable candidates to place their hands on the vulnerable public. Boards have had a tendency not to permanently deny anyone for fear of litigation, such as being accused of prejudice and subjected to a discrimination lawsuit.

The same issue has affected schools, according to several educators from public institutions who spoke. Admissions departments in public universities who have a limited number of places in an educational program can and do refuse applications based on academic merit and other reasons. According to Dorinda Noble, an educator and member of the Texas Department of Social Work Examiners, one of the major issues facing licensing boards today is the proliferation of for-profit career schools who don’t turn anybody down–if you have the tuition, you’re in whether you are unsuitable to the profession or not, and if you don’t have it, they’ll bend over backwards to get it for you, in the form of crippling student loans. Incidentally, I thought Ms. Noble was the most informative and engaging speaker of the conference.

I have often preached the sermon of the need for massage therapists to stay informed and to be involved in their profession in the interest of 1) knowing the law (how can you abide by it if you don’t know what it is?) and 2) rising up together to prevent legislation that is detrimental to us. It doesn’t do any good to complain after the fact. My attendance just reinforced that. All in all, it was very informative, and from my perspective of being one who has a vested interest in the regulation of massage therapy, I’m glad I went.

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Transparency

Transparency, when defined in the context of non-profit organizations and public boards, implies that said organizations are accountable to those they represent, that meetings and communications are open, that full financial disclosures are made public, and that all business practices are an open book. It’s an ethical obligation.

I’ve recently posted on my blog my second annual series of reports on the financial health of the non-profit organizations representing the massage profession. As my disclosure states, I am neither an accountant nor a financial expert. All of the information I used to prepare my blogs was taken directly from www.guidestar.org

Guidestar was founded in 1994 as a clearinghouse of information on non-profit organizations. The IRS Form 990 and any other filings required of non-profit organizations, as well as other data collected by them, is published on the website. They have data on every entity registered with the IRS as a non-profit organization.

It is a rule of the IRS that information on non-profits is publicly disclosed, including the compensation of key personnel. The organizations listed with Guidestar have the opportunity to post their filings themselves, and if they choose not to do that, Guidestar gets it straight from the IRS. I want to make it clear that the information I blogged was not some big secret that I received from one of my anonymous sources. It is public information and anyone who goes to the trouble to look it up can find it. I just saved you the trouble by publishing it in my blog, for those who are interested.

I almost went into a state of shock when I received an e-mail from one of our leaders who was upset with me for publishing that compensation. The statement they made to me was that it was their personal and private information–sorry, but that ain’t so, when you work for a non-profit–and that I was doing more harm than good by publishing it, that it would be taken out of context and that while others who administrate non-profits would understand, that the average massage therapist would not understand why their pay is what it is. I actually did not imply in any way that the person was overpaid, because I don’t believe they are. I call it like I see it and if I thought that, I would certainly say so.

I conducted a little informal poll on Facebook, and out of 51 responses, 50 of them agreed that I was promoting transparency by printing the information. The one dissent actually wasn’t a dissent; it was more of a sympathy note of understanding why people don’t want their salary revealed.

If you work for a for-profit company, then it’s certainly your prerogative to keep your income a secret–to a point–because even large corporations have to disclose the salary of their top brass. And if you work for a non-profit, especially one that claims to promote transparency, then disclosure is a given–as well it should be.

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IMA Insurance: Up in Smoke, Therapists Burned

The saga of the now-defunct IMA (International Massage Association) continues. Back in July, Will Green, owner/founder of IMA, basically admitted to sabotaging his own company by failing to turn over $600,000 in insurance premiums paid by massage therapists to the insurance company.

Markel, a respectable insurance company who had been underwriting IMA’s policies since Feb 1, 2008, discontinued writing policies for IMA on April 6, 2010 due to Green’s non-payment of premiums. However, contrary to some propaganda put out by AMC (American Massage Council), Markel is continuing to honor the policies they underwrote through the expiration date on the policy if it was purchased between Feb 1, 2008 and April 6, 2010, in spite of not receiving the premium payments from IMA.

Les Sweeney, President of ABMP, in a letter to former and renewing IMA members, personally spoke with a senior executive at Markel and confirmed Markel’s commitment not to leave therapists in the lurch. According to Sweeney’s letter, AMC’s announcement amounts to nothing more than a scare tactic, and one that is certainly not needed by the therapists who are already confused and scared that their insurance went up in smoke. ABMP, incidentally, has had the same insurance underwriter for more than ten years and does not need to resort to such tactics in order to attract new members.

Incredibly, Mr. Green is now trying to sell insurance through NAMT (National Association of Massage Therapists).

Let me put this in perspective. Let’s say that I, Laura Allen, take your hard-earned money and promise you an insurance policy. Then I take that money and blow it instead of paying the premiums to the underwriter like I am supposed to do. Should I then expect you to say, “that’s okay, Laura, and here’s some more of my hard-earned money and you can just sell me a new policy. I’m sure you really didn’t mean to cheat me out of that first money I paid you.” Duh.

According to a letter dated 09/10/2010 from the NAMT staff and Will Green, over 3,000 MTs have signed on with NAMT in the past 18 months. Since Green didn’t admit to his improprieties until July 2010, I truly wonder if any of that $600,000 he admitted to frittering away went in any way to pay bills at NAMT. I am purely speculating, but $600,000 is a lot of money. I personally think the therapists who had insurance with IMA at the time of Green’s announcement deserve a line-by-line accounting of exactly where that money went.

It is also totally scary to me that the website for IMA is still up, no mention of the insurance fiasco is on it, and in fact there is a video starring Will Green stating that he manages over 90 associations. He also talks about having spent $3 million on his organic farm. Maybe you can call him up and demand a bushel of turnips in exchange for the money you paid to IMA.

It has also been charged that Green is being investigated by the FBI, a charge that he categorically denies. There is no telling how much of the swirling rumors are true, but one thing is for certain: I would not give my money a second time to someone who has already done me wrong. Fool me once, shame on you; fool me twice, shame on me.

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