Category: Ethics

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NCBTMB Revokes/Suspends Diploma Mills

For over a year now, the National Certification Board of Therapeutic Massage & Bodywork has been working quietly behind the scenes to eradicate massage schools—or rather, diploma mills—that have been handing out fraudulent transcripts and diplomas, lacking any operating authority, and committing a host of other ethics violations. Since June of 2009, 11 schools have had their school code suspended, three have been revoked, and one school voluntarily withdrew their code after being notified that they were suspended.

To clarify the meaning of these actions, a school must have an assigned code in order for their students to sit for an examination offered by the NCBTMB. 39 states currently accept those exams, and they are often utilized by therapists in unregulated states who want to set themselves apart as professionals. No school code means no students from those schools will be able to take the NCBTMB exams. California, where this investigation was concentrated, currently has voluntary registration for massage therapists, and is in fact in the middle of further turmoil because of AB 1822, a proposed massage bill that treats therapists little better than prostitutes. Even though the investigation and subsequently revoked and suspended schools are located in California, the implications are far-reaching, including my state of North Carolina.

Our Board noticed months ago that a high number of applicants for licensure were coming out of two schools in particular, one in California (the East-West School, which has had their code suspended pending further investigation) and one in New York. The applicants first attracted attention because they have all had the same address. In one instance in North Carolina, an applicant from one of the suspect schools was denied a license based on his criminal record. When he appeared to appeal that decision, we discovered he could speak no English. His daughter translated for him, and stated that they had immigrated to America based on the promise that they could go to massage school, get out quickly, and start making a lot of money. I actually feel sorry for these people, because the unscrupulous schools are just taking advantage of people who don’t know any better. It’s a sad situation for the students who paid money in good faith that they were going to get a real education in massage therapy.

While the NCBTMB has in the past revoked certification of individuals found guilty of ethics violations, this is their first widespread effort to put a stop to schools operating in an unethical manner.

Paul Lindamood, CEO of the NCB, gave me the following statement about the NCBTMB’s school compliance program:

NCBTMB is in a unique position with its vantage point on massage in America. Because we monitor, approve or exchange critical data at many touch points of the profession, we are at the nexus of a great deal of information flowing to and from our certification specialists. This gives us the ability to get an overall snapshot of the profession in specific areas relevant to schools, students, educational methods, curriculum, test dynamics, metrics, practitioner activity, etc.

About a year ago, members of our school outreach, compliance, eligibility and ethics departments identified the emergence of some alarming developments when overlaying and studying school data. Specifically, we began to spot ways in which individual schools were giving the appearance of impropriety through inconsistent and unreliable data, irregularities or shortfalls in curriculum standards, falsification of application information and the appearance of fraudulent activities sufficient to cast doubt on the legitimacy of these schools or institutions.

With this knowledge, NCBTMB board and staff recognized the need to immediately create a standardized, legally sound process that would allow us to identify, investigate, sanction or revoke suspected schools that could not pass muster, and thereby prohibit them from being able to have their graduates test via National Certification Exams. The program was developed and received board approval at the beginning of this year. Since then, school investigations have been ongoing via our compliance and ethics departments, and sanctions and revocations have been issued and communicated to the schools, state boards and pertinent law enforcement.

In addition, in the states and surrounding regions where these schools exist, we have made authorities aware of school code suspensions as well. This includes local law enforcement, regulatory agencies, state massage boards and attorneys general. Currently, we are working closely with law enforcement officials and state board representatives on investigations in several states, sharing both intelligence and resources.

As an important adjunct, NCBTMB is also supporting the Polaris Project, one of the largest organizations combating human trafficking in the United States and Japan. The non-profit group also works with
victims, providing outreach, social services and transitional housing.

How all massage professionals can help

NCBTMB would like everyone in the massage therapy community to join together with the goal of identifying schools, organizations or individuals that endanger the safety of the public and the reputation of our profession. If you observe or are aware of any suspicious activities or unethical behavior connected to the profession of massage therapy, please contact your state board or other applicable agency. Or you may contact Lauren Dziuban, NCBTMB Director of Ethics & Discipline, at (630) 652-0469 or ldziuban@ncbtmb.org or Paul Lindamood, CEO, at (630) 652-0456 or plindamood@ncbtmb.org. We will provide guidance or convey information to the proper authorities. In cases that affect NCBTMB and its programs, we will authenticate reports of impropriety and investigate as appropriate, whether school, institution, approved provider or certificant related.

This important initiative on the part of the NCBTMB is for the highest good of the profession. Not only has it cost thousands of dollars and hundreds of hours to investigate these schools, it also impacts the National Board in lost revenue from the people who would have taken their exams. It’s obvious that they have decided to put ethics ahead of income, and I applaud that.
No one has been a more vocal critic of the NCBTMB in the past than I have, and I  told their leadership long ago that when there was any good news to report, I would report it. I’m very pleased to see this organization getting their act back together, and once again, I am proud to say I’m Nationally Certified, just like I was when I first started out in the massage profession. Kudos to them for recognizing the things that had gone wrong, and making an effort to correct them.

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Interesting Changes in COMTA By-laws

I reported in my May 5 blog that COMTA volunteer of more than ten years, John Goss, had been removed from his position, during a meeting he was unable to attend. That led to my reporting a personal experience I had with the organization; I heard through the grapevine that the officers were upset that I had given them negative publicity. I don’t owe them an apology, and there will not be one forthcoming.

I haven’t felt any need to revisit the issue, but an interested party sent me a copy of changes that COMTA had made to their by-laws, effective April 16. I received them while I was on vacation, am just now getting caught up on my correspondence, and I must say, it looks as if they might have been changed in anticipation of getting rid of Mr. Goss.

Here we have an interesting change:

Section 3.12:  A Commissioner who is present at a meeting of the Board at which action on any matter is taken shall be conclusively presumed to have assented to the action taken unless his or her dissent shall be entered in the minutes of the meeting. Such right to dissent shall not apply to a Commissioner who voted in favor of such action.

According to a COMTA insider, who prefers to remain anonymous, the minutes never record votes by commissioner per se unless that commissioner asks that his/her vote be specifically recorded, and since few know this, this section seems intended to silence dissent.  Basically, it says that if you were there, you assented—regardless of how you voted unless it is specifically recorded in the minutes.  The ByLaws do not require votes to be recorded on a roll-call basis.  Seems this is needed before Section 3.12 can be enforced.

Then we have these:

Section 3.14: …In addition, a Commissioner may be removed without cause by an affirmative vote of two-thirds of the Commissioners then in office.

and to top it all off:

Section 4.2:  … Any officer may be removed by the Board of Commissioners at any time with or without cause, whenever the Board of Commissioners believes the best interest of the Corporation would be served thereby.

I stated in my earlier blog that Goss was known for asking hard questions and holding members accountable.  When I contacted COMTA leadership for a quote, before printing my blog about Goss, I got the answer that he was thanked for his past service and wished well in the future.  Later on, COMTA Chair Melissa Wade e-mailed me that due to confidentiality, they could not tell me why Goss was removed, but assured me that if I was elected to the Commission I would have access to the file. Obviously, that’s not happening.

It looks to me like the amended section 4.2 will allow the Commissioners to remove anybody that disagrees with them, or makes them mad in anyway. When you put yourself in the position of being able to remove someone without just cause, what does that translate to? We can remove you if we don’t like your tie? Your attitude? Your questioning our authority?

Board documents, such as practice acts, rules, by-laws and guidelines of any board are living documents, subject to change as time and experience show a need. Hopefully they are always changed with an eye to improving the public protection, service to stakeholders, or whatever the particular entity is charged with doing. I’m not sure that’s the case here.

I’d like to remind the folks at COMTA that big egos at the top, a lack of transparency, poor service to stakeholders,  and changing by-laws to suit whomever is in charge at the time, are the very things that came within a hair’s breadth of bringing down the NCBTMB. I wouldn’t get too carried away with making changes like the ones above. As the present NCBTMB leadership who inherited just such a mess to clean up can attest, it’s not going to serve your organization well at all.

 

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Louisiana Board under the Microscope

Update 09/21/2025: The Times-Picayune, where this was reported,  published their first paper in 1837. On May 2, 2019, Advance Publications announced that The Times-Picayune had been sold to Georges Media, owner of The Advocate. The new owners stated that both papers would be folded into a single operation by June 2019 and that the NOLA.com brand would be maintained for the combined newspaper’s digital operations.

On May 20, Robert Travis Scott, a reporter for the Times-Picayune, filed the following story about the Louisiana Board of Massage Therapy, reprinted here in its entirety (Scott’s story is in italics):

Current and former board members of the Louisiana State Board of Massage Therapy are raising concerns about possible conflicts of interest in the agency’s hiring decisions.

The board, which licenses and regulates massage therapists, has seven volunteer members appointed by the governor based on nominations from professional associations. The board is backed normally by about three full-time paid staff employees. The board terminated its former executive director effective March 18 and started a hiring process.

One of the first applications was from Leslie Hill, an assistant to the special assistant in the governor’s office of boards and commissions, which collects nominations for the state’s professional and public service boards and suggests appointments to the governor. Hill said she was involved in the appointment process for members of the massage board. While she was in that office, seven members of the board were named in 2008 and three members were replaced in October.

Hill, who has a background in massage therapy, applied for the position of executive director, which led to a discussion among some board members of whether hiring her would create an ethics problem because of her former role assisting with board appointments. After consulting with the attorney general’s office, board chairwoman Mary Donker Syvertsen concluded that Hill’s hiring would not violate the state ethics code. The board hired Rhonda McManus as its new executive director at a salary of $75,000 and hired Hill for the No. 2 job in the office at $65,000, which was $30,000 more than her pay in the governor’s office.

The board’s employment ad called for an executive director and staff and made no mention of the salaries offered. McManus was not given the opportunity to participate in selecting and hiring Hill, who was to become her chief staff member. Syvertsen said she spoke with McManus the day the board was going to vote on the new hires and asked McManus then if hiring Hill would be OK.

Two board members have raised questions about the hiring. One of those is Bruce Evans, who said he has nothing against Hill but objects to the hiring process and did not think it was right for a gubernatorial-appointed board to hire someone from the governor’s appointment office. The other dissenting board member is Jan Debenedetto, who said Hill would be making a higher salary than past staff members and that she was surprise the new executive director had no say in hiring staff. “I think that the way it was handled was wrong on every level,”Debenedetto said.

Vernon Smith, a former leader of the massage board and massage associations, said he thinks Hill’s hiring has inappropriate. Syvertsen and board member Suzanne Schwing said Hill was qualified for the job and that nothing illegal was done in hiring her. Hill said she had no ties to board members and that her application and hiring was a fair and normal process.

Kyle Plotkin, a spokesman for Gov. Bobby Jindal, released a statement saying, “We expect any board, when hiring, to select the most qualified candidate in a fair process.” Another recent disruption at the board is the revelation that two board members have been under investigation for violations of board rules. The issue was brought up during a board meeting earlier this year by an agency attorney, who did not name the members. (End of story)

As a member of a state massage therapy board myself, I can vouch for the fact that board members (of any public board) are constantly warned to not only avoid conflicts of interest, but to also avoid any appearance of conflicts of interest. It appears that the Louisiana Board is walking on thin ice here, and kudos to the Board members who are questioning these actions. Although there is no clear-cut violation, there is certainly the appearance of one. I’d definitely like to be making $30,000 more a year myself, but I’m pretty certain that I wouldn’t want my ethics called into question if I was getting it through my ties to the massage board I’m serving on or have been associated with in some other capacity.

A couple of years ago, the Airport Authority in my county had a similar situation, where sitting members who were privy to information jumped headlong into a position to make themselves a lot of money, to the exclusion of other citizens who may have been more qualified, and who at a minimum should have been offered the fair chance to bid on the scheme that was proposed at the time. The Board members who were accused had a rather unique way of handling the charges of unethical behavior that were leveled against them at the time: they voted to suspend all discussion of professional ethics for a period of six months. As you can imagine, I blistered them a new one in the local newspaper.

Anyone who serves on, or is associated with, a public board is sometimes faced with an opportunity to advance a personal agenda, or their personal finances, through their access to insider information. It’s a potential abuse of power when that happens, and it ought to be called into question. If it turns out that no wrong-doing has been done, well and good. Most of the time, if the person in question acts to avoid the appearance of conflict of interest, they’ll have to pass on that opportunity, if good conscience and common sense prevails. Board members violating their own rules and/or their own code of ethical behavior is never a good thing. It will almost always come to light, and not in a good way.

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You Can’t Please Everybody

I’m not referring to giving a massage…I’d like to think everyone that I’ve ever massaged was pleased, but in this instance, I’m talking about my blogs.

I try to report the news in the world of massage politics, and I interject my comments and opinions. I try to spur people to take action when I think it’s needed, whether that’s contacting a legislator or one of the professional associations or just spreading the word to other therapists.

Of course, not everyone agrees with me, and that’s okay. I’m not here to win a popularity contest, and I would probably keel over from the shock if I didn’t get the occasional angry phone call or snarky e-mail, or opposing comments on the blog from people who don’t see it the same way I do. I don’t censor comments except for really profane language, so even if you call me a moron, it will still be printed.

Occasionally I get an e-mail from one of my mentors trying to rein me in. They’re worried that my comments are too controversial, or that I’m going to infuriate the wrong person or some entity on the whole. While I appreciate their concern, I have to follow my conscience, speak my mind, and let the chips fall where they may.

When I’m reporting on an action concerning a person or an entity that I name in the blog, I am careful to report what’s verifiable; I only want to print what’s true. While I state opinion, it is never my intention to slander anyone by printing unfounded malicious gossip and therefore leave myself open to a lawsuit.  Believe me; I don’t print half of what I hear. Some of it has no relevance to the political issue at hand. I leave out juicy details sometimes, because I don’t think it would serve any useful purpose to include it. I’m not the National Enquirer talking about Tiger Woods cheating on his wife, although I do hear some of that occasionally. If it’s not relevant to massage, it’s not my business.

Sometimes I know the person, and sometimes I don’t. Sometimes I meet them after the fact. That’s always interesting. If it’s someone in the legislative or representative community and they’re not at the top of my radar, I sometimes ask people if I’ve written anything about them!

When I am reporting on political action by someone in the massage world, it isn’t a commentary on their personal life. I can disagree with some action that one of the leaders of an organization has taken and blog about that, and it doesn’t at all mean that I think that person is a bad parent, or a bad friend, or an all-around bad person. It means I am wondering what the heck they were thinking when they took whatever action I am writing about.

Even though I may disagree with someone in one of our organizations, I still appreciate the fact that the person is in service at all, particularly when it’s a volunteer position, and most board member positions are just that.

Sometimes, though, there is the occasional incident of getting one’s self positioned in an organization in the interest of making a lot of money, if there’s any opportunity for that, or someone who has a personal agenda they want to promote for some kind of gain or even one-upmanship, professional jealousy, or revenge. Rules of professional ethics and by-laws get ignored, or changed in mid-stream to suit the agenda of the person(s) involved. In that case, it’s not about being in service, and I don’t feel bad for exposing that. The people I write about aren’t pleased. But then again, you can’t please everybody, and I don’t try.

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One of Life’s Little Lessons

Yesterday I notified COMTA that I have withdrawn my name from the ballot to be a commissioner.

The blog I wrote earlier this week, where I reported on some of the recent developments there and offered my opinions about them, didn’t sit well with the folks there, to the point where they were trying to figure out how to get rid of me before I ever got there.

I felt compelled to expose that, so I put up another blog about that.

After some heart-felt discussions with a few of my mentors, I have reached the conclusion that I don’t need to serve on any boards for the present time, other than completing the term I am currently serving on the North Carolina Board. I’m on my last year there. Our Board usually isn’t too controversial, and there aren’t many big doings there that would interest the rest of the world for the most part. We try to practice transparency there, and even though I’m a sitting member, I wouldn’t hesitate to call them out on something if I felt there was a need.

The fact is, I enjoy reporting on legislation and the happenings at all the professional associations of massage therapy…I have the freedom to report on comings and goings, expose activities be they mundane or shocking, and express my opinion whether it’s popular or not. If I’m working for an organization, my ability to report on them goes out the door. And I certainly don’t want my ability to speak my truth affected in any way.

I used to volunteer for AMTA, and I enjoyed that. I’ve enjoyed my time on the North Carolina Board of Massage & Bodywork Therapy. It’s been very enlightening, although stressful at times. I like volunteering; I give 100% whenever I’m devoted to a task, and I would have done the same if I had been elected at COMTA. However, I think it serves the higher good if I’m free to expose what needs to be exposed, and comment on it,  no matter what entity is involved.

I’m still a member of AMTA, also a member of ABMP, a delegate to the Federation, a founding member of the Alliance for Massage Therapy Education, and an NCBTMB certificant and Approved Provider. I have a vested interest in what these organizations do, the ethical or unethical behavior of their leadership, and the transparency with which they conduct their business. And none of them are safe from my pen! Of course, it’s not all negative. I do give pats on the back when I think they deserve it.

I simply cannot give up my freedom of speech just so I can say I’m in some position somewhere, so no more “positions” for me. My chosen position is blogger, and I’m going to stick to that for the time being.

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