Category: Legislation of Massage

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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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Continuing Education Providers: Sink or Swim

Every time I turn around, it seems that something is on the horizon that affects CE providers–and the therapists who are obligated to get CE in order to maintain their license.  The latest salvo has been fired from the state of Maryland, where legislation is afoot with big changes in the CE environment. According to the Maryland Chapter of AMTA, the proposed regulations mean that NCBTMB-Approved Providers can no longer offer classes in Maryland unless they have been pre-approved by the Maryland Board of Chiropractic and Massage Therapy Examiners at least 90 days in advance; CE offered by community colleges and online classes will be subject to the same rules, and providers will have to pay $25 per course unit for approval. CE hours earned at AMTA conferences won’t fly unless they have been pre-approved and the fees paid. This is going to be voted on this coming week and the MD Chapter has been making a big effort to drum up enough support to kill the changes. If you haven’t weighed in yet, you’ve got until the 18th of January to call your legislators and protest. Every time something like this happens, I get a lot of email from people asking me what they can do about it. The short answer is do it right now–don’t wait until the bill is passed to complain. Contact your legislators.

As a provider myself, there are certain states I’ve never visited because of the hoops you have to jump through. New York, as I reported last year, requires a fat fee of $900 to be a provider, and a New York-licensed massage therapist has to perform the hands-on portion of any CE training. I don’t pretend to hold myself in the same class as Erik Dalton or Ben Benjamin, but it does seem strange to me that someone with a PhD can’t perform the hands-on portion of their own class unless they have gotten themselves licensed in NY.

If you want to be a provider in the state of Texas, you must get yourself pre-approved, reapply and pay a $200 fee every two years. I just looked at their list and there are 549 providers currently approved there. That’s a tidy chunk of change for their board.

Florida also has their own process. I got their approval last year, and while it didn’t cost me any money, I did find their process a little confusing to go through. I actually sent them $250 because I thought I had to after muddling through their directions for applying. My money was refunded.

The Chair and Vice Chair of the North Carolina Board of Massage & Bodywork Therapy reported upon their return from attending the Federation of State Massage Therapy Boards meeting in 2010 that the Federation was investigating the possibility of approving continuing education. Recently, the Alliance for Massage Therapy Education has also been making noises about national teacher standards as well. Alexa Zaledonis, the new Chair of the National Certification Board for Therapeutic Massage & Bodywork, has also put up a statement on the NCB website that they are about to undertake new initiatives in the CE provider program.

The opportunity for continuing education here in North Carolina is so competitive, it’s almost overwhelming. We have about 8000 active licensees, and 145  CE providers who live in the state…that doesn’t count the folks who are traveling in from elsewhere to teach. If you only count the ones who actually live here, that breaks down to 55 students per provider per renewal period, so if you’re wondering why it seems to get tougher to attract students, basically it’s because there’s a CE provider on every corner. While some students will seek you out because of what you teach or who you are, there are hundreds of others who are just looking for the closest class so they don’t have to travel, or the cheapest class they can get due to their finances, or they’ve procrastinated so that they just take the first thing that comes along when it’s time (or past time) to renew.

I love teaching. It isn’t my primary source of income, but it’s important to me to get that interaction. I feel energized after I’ve spent the day in a class with a bunch of people who actually care about learning something.

The CE river is rolling along, the water is getting pretty muddy, and we’re all going to have to sink or swim.

ADDENDUM: After I finished this blog, MK Brennan brought to my attention the following post from the MD Board: At its General Session Meeting of 1/13/2011, the Board of Chiropractic & Massage Therapy Examiners announced that it would forthwith withdraw from the rulemaking proposal Chapter 16 (Recordkeeping) and Chapter 20 (Continuing Education) pending further review and study. Both of these chapters were contested in comments received to date. This means that Chapters 16 and 20 will not be processed further in the current rulemaking proposal.

When further review and study of Chapters 16 and 20 is scheduled, details shall be posted on this website and in the Maryland Register.

That is the best demonstration of what can happen when MTs rise up and take ACTION! Legislators are forced to LISTEN! Kudos to Maryland Chapter of AMTA and all the MTs who protested this move!

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Here, There, and Everywhere

One of the greatest things about this profession to me is all the regional and national conventions and meetings.

I belong to AMTA and I am very active in my state chapter. I’m usually fortunate enough to get asked to teach a class at our meetings, but I’m going to be there either way. I wouldn’t miss it for anything. I also attend the National Convention every year, and it’s just a blast. Being around a thousand or more people who do what you do is something you should experience, if you haven’t already.

This past year I attended the World Massage Festival in Kentucky and I participated in the awesome World Massage Conference, which is a totally virtual event…both events were highlights of my year. I also went to the inaugural meeting of the Alliance for Massage Therapy Education. I skipped the Federation of State Massage Therapy Boards meeting last year due to some conflicts, but I’m hoping to hit that one this year, too. I just got back from attending the Massage School Makeover event in Miami. In 2011 I am also looking forward to the American Massage Conference in Atlanta, the World Massage Festival in Cullowhee, Vivian Madison-Mahoney‘s Take it to the Top Summit in Gatlinburg, the AMTA National Convention in Portland, another World Massage Conference, and who knows what else is going to materialize! They are all great events, and they all have one thing in common: massage therapists!

I have in the past borrowed a favorite phrase from my friend and colleague Felicia Brown: collaborative competition. Normally I use that in the context of therapists themselves.  This time, I’m speaking of all these meetings. Many times at these meetings, I run into a lot of the same folks. It’s actually one of the nicest things about attending–besides seeing old friends, there’s also the added benefit of making new friends and potentially advantageous business contacts.

When it comes to these events, I take the same attitude that I do with massage in general, and that is there’s enough to go around. I’ve complained before about meetings that don’t welcome certain organizations to their events, and I will continue to do so.  I am not shy about expressing my opinion. Feel free to disagree with me if you want to. I’m not insulted by that. I wouldn’t be writing these blogs if I didn’t have a thick skin. I don’t like professional jealousy–I actually think of it as un-professional jealousy–when it comes to massage therapists, and I don’t like it any better when it comes to conventions and meetings. I think there’s enough to go around.

I think ALL events that are about massage therapy are a great thing. Each is unique in its own way.  Some cost more than others…some are geared at different purposes. I guess it’s the American way of marketing to claim that one is better than another. That’s not how I roll. To me, they are all great networking opportunities. Just like my opinion that no one organization is entitled to a monopoly, I’m happy that there’s more than one meeting. ABMP, which I am also a member of, doesn’t put on a national convention (although they do have a national school summit meeting every year.) One of the things I look forward to at AMTA National is seeing my friends from ABMP who attend.  Even though AMTA doesn’t allow them to have a booth in the exhibit hall, as they are a competing membership organization, lots of my ABMP friends are there. It’s not about them; it’s about massage. Networking, continuing education, product education, legislation and other information…it’s all valuable.

Sometimes at one meeting, I get invited to, or at least informed of, another meeting. Don’t forget attendance at these events is tax deductible, folks! I can’t afford to attend every single thing that comes around, but if I could, I’d be at all of them. So if you have something going on I don’t know about, post it in the comments. I like to be here, there, and everywhere, and maybe I’ll see you there!

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Taking the Long Way Home

It’s been over two weeks since my last blog post. I’m usually more prolific, but sometimes the rest of my life has to take precedence over my blog. I’ve been on the road a lot the last two weeks, and when I’ve been home, I’ve been trying to catch up…I don’t know that I can ever really catch up. I can be like that Energizer bunny for long periods of time, and then eventually, I’m going to crash. This has been one of those times.

I attended the meeting of the North Carolina Board of Massage & Bodywork Therapy yesterday. I’m a member of that Board, and it was a 10-hour meeting, somewhat emotional for me…and it dragged on until 8 pm last night. This morning at 9, I was back at the Board office bright-eyed and bushy-tailed for a License Standards Committee meeting. Thank goodness, that one only lasted three hours. I walked out into the sunshine, retrieved my car from the parking garage, and headed west on 1-40.

As is usually the case in the Triangle, traffic was crazy. People are either going 90 miles an hour–no joke–and even if you are, somebody will be on your rear-end acting like you should go faster in order to get out of their way–or it’s at a standstill due to some wreck or construction or both. After going about 20 miles, I decided to take the long way home. I hit the Lake Jordan exit and in just a couple of minutes I was on a country road, passing rolling farmland, fruit stands with pumpkins displayed, rolled hay in the fields ready to be put up. I rolled down the window and took a few deep breaths. I crossed the lake, not a boat in sight. When I made it to the Uwharrie National Forest, I pulled over for a few minutes and got out of the car. I wasn’t dressed for hiking, but it was tempting just to disappear into the woods.

This has been a busy month for me personally, and I’ve been remiss in not reporting some of the things that have gone on in the massage world. Here’s a short recap:

For the first time in history, AMTA decided to let candidates for the election have more access to the members than the short statements that have traditionally been the only thing they were allowed to have. Most of them have a Facebook page…one caveat is that they all have a disclaimer that the candidate has the right to remove statements from their wall if they are deemed inappropriate, and apparently a few of them think that means anything negative. I’ve heard some complaints from members who asked a question or made a comment and got deleted. There wasn’t any profanity, racial slurs, or anything else inappropriate, just a question or two that warranted an honest answer that the candidate wasn’t apparently ready to answer. Still, it’s a good thing that they’re interacting with people and having more of a chance to let the membership get to know them before the vote, which starts next month. I have a blog on my picks for the seats.

The Federation of State Massage Therapy Boards held their annual meeting in San Juan, PR. I didn’t attend that meeting this year but apparently it was busy and productive. Kevin Snedden (MO), Kathy Jensen (IO), Susan Beam (NC), and Phyliss Salyers (TN) were all reelected to BOD seats. Scott Miller declined to serve another term, and his seat went to Billie Shea of NV. The good news of the meeting was that the start-up loan was paid off in full 27 months early.

I received a lot of emails this month from therapists in NY complaining about new CE requirements; most weren’t complaining about the prospect of learning something new, just the cost. I got a lot of “what can we do about this?” -type questions, and the short answer is, nothing. Action has to be taken before something becomes a law, not after the fact.

I have also heard from some folks in PA, where regulation is brand-new and in fact is still in process. It is expected that the initial rules will be finalized in December. Applications are already available on their website. Apparently the OT board, the PT board, and the insurance commission are objecting to the terminology “therapeutic massage” being used in the Practice Act. I hope that objection doesn’t go anywhere, and I urge PA therapists to contact your legislators and stand up for yourself. We all know that massage is therapeutic and I don’t believe in standing idly by while a turf war goes on. Why wouldn’t they want the word “therapeutic” used in conjunction with massage? Maybe the insurance commission is afraid they might have to pay for a massage if it’s deemed to be therapeutic, God forbid. Do not sit on your hands.

The National Certification Board for Therapeutic Massage & Bodywork elections are open until Nov 1. I have a blog about my picks for the seats. This is a crucial time for the NCBTMB. Alex Zaledonis will be stepping into the Chair on January 1. The N-CAP, the new advanced certification exam, is in progress and will be the beginning of a new era for the NCB. It’s vitally important for certificants to vote.

We should never forget that in any people-driven organization, no matter which one it is, that one or two egomaniacs can manage to get themselves at the top and cause a lot of damage. Whether you are a certificant of the NCBTMB, a member of AMTA, a member of your state board, or any other membership organization, you have a right, and I would go so far as to say a responsibility, to take part in the election process. When detrimental legislation is on the horizon, and you don’t take any action, I think we’ve all seen what happens when complacency and disinterest set in.

I’m sure there’s a lot more going on that I just haven’t caught up with yet. In the past month, in addition to attending the AMTA national convention, meeting my family at the Outer Banks two days later for our annual reunion which this year included a monsoon the whole time, coming home from that and attending another family reunion the very next day, hosting my dear friends from Ireland, going to Atlanta to teach a class one day and Charlotte to teach the next, proofing the galleys for my new book, running my office, running my household, making time for dates with my husband, teaching at my own facility, trying to get next year’s CE schedule set, attending the board meeting and the committee meeting, and trying to squeeze time for playing a little music in between, sometimes it just catches up with me instead of me catching up with it. Sometimes, it’s just time to take the long way home.

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Rick Rosen: Time for the Next Chapter

Rick Rosen is Executive Director of the Alliance for Massage Therapy Education (AFMTE), and has been one of the driving forces in the massage profession for almost three decades. He is also co-owner of Body Therapy Institute (BTI) in Siler City, North Carolina, along with his wife Carey Smith. The couple announced this week that they are retiring from the massage school business. They are putting BTI up for sale and will be moving to the Big Island of Hawaii within the next 12-18 months.

Rosen has covered a lot of territory during his service to our profession. Inducted this year into the Massage Therapy Hall of Fame, he was the founding Chairman of the North Carolina Board of Massage & Bodywork Therapy, and was one of the first Presidents of the North Carolina Chapter of AMTA. He was also a co-founder and the first Executive Director of the Federation of State Massage Therapy Boards. Rosen’s commitment as Executive Director of AFMTE runs through the end of this year, and he has offered to extend that if needed. “I may be completing this phase of my career as a massage school director, but I’m open to further exploration of how I may continue to be of service to the massage therapy profession at large” said Rosen, in a letter announcing his transition plans.

Carey Smith was the 2009 recipient of AMTA’s Jerome Perlinski Teacher of the Year Award, and has pioneered teacher training for massage educators. She and her husband have co-directed the Body Therapy Institute for 17 years. Founded by Rosen in 1983, BTI was the first school of massage therapy in the Carolinas, and has become one of the most respected massage schools in the nation. Located on a beautiful 156-acre property known as South Wind Farm. BTI is one of only two COMTA-approved schools in NC. During the past year, 100% of the school’s graduates passed the NCE and MBLEx on their first try. The school has long been known as a center of excellence, thanks to these two leaders and their dedicated faculty.

While expressing that they will miss the farm, the school and their staff, the couple is looking forward to the next chapter of their lives so they can have more time for creative endeavors. Rosen noted, “We invite prospective students all the time to come to massage school to pursue their goals and dreams. Now it’s time for our next great adventure.”

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It Takes a Village

This past weekend, I witnessed Mike Hinkle, Cindy Michaels, and just a few volunteers pull off the World Massage Festival, undoubtedly the best massage event I’ve ever attended.  Next year is going to be even bigger and better, and before this weekend was over, there were more volunteers signing up for next year. That’s a good thing.

While it’s true that the people at the top of AMTA get paid, that organization would never survive without the volunteers who serve on the boards of state chapters, or serve as delegates, unit coordinators, and/or committee members.

State boards are usually composed of volunteers. While it’s true that in my state our travel expenses to and from meetings is reimbursed and we get a per diem of 50. for a half-day/100 for a whole day, no one is getting rich off of that. It takes me over four hours to travel to a meeting and I have to pay someone to run my office while I’m gone. We’re limited to paying 62. a night for a hotel.  I’m not exactly living it up at the Ritz when I’m on board business. There is no per diem for the countless hours between meetings that we’re reading minutes and agendas, doing research on issues we are considering, or drafting committee reports.

The board members of the Federation of State Massage Therapy Boards, as well as the delegates, and the numerous volunteers on all the committees of the NCBTMB, and the board members for the Alliance for Massage Therapy Education also get their travel covered, but until you’ve served an organization like this, you don’t realize how time-consuming it can be.

Every day, somewhere, massage therapists are out giving their time to Hospice, veterans, cancer patients, premature babies, benefits for cancer and other worthy causes.

All these people have a life, a job, families and pets to take care of, school and church and civic and social obligations, but somehow they make it work.

It really does take a village.

Peace and Prosperity,

Laura Allen

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Legislation: A Hard Row to Hoe

The majority of states have now passed massage therapy legislation; there are only five remaining states without any regulation: Alaska, Kansas, Montana, Oklahoma, and Wyoming. Idaho and Minnesota both have Freedom of Access laws in effect. 35 states, plus the District of Columbia and Puerto Rico have joined the Federation of State Massage Therapy Boards. I hope the rest of the regulated states will follow suit and join this great collaboration.

This past weekend, I was in the beautiful state of Kansas teaching a class for the AMTA Chapter there. I listened to Chapter President Marla Heiger give an update on their legislative process, which actually started ten years ago. It will be revisited in July.  Getting massage regulation in place is a hard row to hoe, as anyone who has ever been in on the process can attest.

Back in the day when massage legislation first came to North Carolina, I was employed by a massage school; the owner of that was on the first board here. In my capacity as her administrator, I sent around to neighboring states that already had legislation, and helped her summarize their rules. She was on the rules committee at the time, and had a hand in drafting the initial rules. It’s never a simple process.

One of the main hurdles, for a lot of states, has been in educating legislators, and convincing them that regulation is needed and that it benefits the public as well as the profession.

I’m not just a massage therapist, I’m a marketer. One of the main rules of marketing is that people want to know how something will benefit them. And one of the main rules of politics, as we all know, is that legislators often have to be forced into paying attention to important issues.  Involvement on the part of massage therapists is crucial.  Last week in Kansas, for example, the chapter president handed out blank petitions and encouraged the therapists who were present to ask all their clients to sign them…they need a certain number of petitioners before the legislature will even put the issue back on their agenda.

Getting legislation in place depends largely on the efforts of AMTA. ABMP also has a government relations representative. The FSMTB is here to help member boards in any way they can. In the final analysis, massage therapists have to care. They have to want the credibility that goes along with licensure. They have to want to put a stop to unethical practices associated with massage. One of the therapists in my class this weekend said that in spite of the fact that there is no licensure there, when their new phone book came out recently, there were six listings of people claiming to be “licensed massage therapists. ” That’s bad, because in the eyes of the public who may be looking for a therapist and doesn’t know anything about the law,  it makes the dishonest advertisers look superior to the therapists who are listings themselves honestly without that designation. All the more reason to get some rules in place.

I wish Kansas well with their legislative efforts, and I hope that the few other holdout states will follow suit. It’s important to our evolution as a profession.

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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 NCB leadership who inherited just such a mess to clean up can attest, it’s not going to serve your organization well at all.

Laura Allen

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Louisiana Board under the Microscope

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.

Peace & Prosperity,

Laura Allen

Posted on

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.

Peace & Prosperity,

Laura Allen

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