FL Bill Would Impose New Requirements for Massage Establishments

Florida Senate Bill 500 (and companion bill: House Bill 7005, affecting massage establishments, has been scheduled for a hearing in the state legislature.  Current law requires that all massage establishments, defined as “a site or premises, or portion thereof, wherein a massage therapist practices massage,” must have a state-issued license in order to operate.  HB 7005 proposes to add requirements that a person operating a massage establishment may not: (1) operate a massage establishment between the hours of 10 pm and 6 am, unless the massage establishment is a health care facility or hotel, or unless all massages are performed under the supervision of a physician or other specified health care professional, or (2) use the establishment, or permit it to be used, as a principal domicile, unless it is zoned under a local ordinance for residential use.  Any person violating these requirements would guilty of a misdemeanor for the first offense, and a third degree felony for subsequent offenses.

The language of the bill states that while the legislature recognizes that the majority of massage establishments are operated by law-abiding citizens, a small number are operated in order to conduct illegal activity, such as human trafficking.  The text of the bill states that it is the legislature’s intent to protect the public, and the massage profession, from those establishments that engage in illegal activity.


Oklahoma Bills Would Require that Massage Therapists Become Licensed

Two bills have been introduced in the Oklahoma state legislature which would require that all massage therapists in Oklahoma have state licenses in order to practice, and that all massage schools have state licenses in order to operate. Neither bill has been set for hearing in the legislature. ABMP is opposed to both of these bills unless significant changes are made.

House Bill 1417 places the regulation of the massage profession under the authority of the State Board of Chiropractic Examiners. The bill provides that the Chiropractic Board will issue a license to applicants who (1) have passed an (unspecified) exam, (2) maintain professional liability insurance, and (3) have not been convicted of, or plead guilty or nolo contendere to, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled substances laws. Under the bill’s grandfathering provision, for 18 months after the law becomes effective, applicants may obtain a license if they have (1) completed 500 hours of massage education from a state-licensed school and have practiced massage in Oklahoma for at least one year, or (2) practiced massage in Oklahoma for at least 3 years, or (3) completed at least 750 hours of massage education from a state-licensed school. Licenses would have to be renewed every two years. The bill gives the Chiropractic Board authority to discipline licenses for violations of the massage law.

Senate Bill 1019 places the regulation of the massage profession under the authority of the State Board of Medical Licensure. The bill provides that the Medical Board will issue a license to applicants who (1) have passed a standardized national massage therapy exam, (2) maintain professional liability insurance, and (3) have not been convicted of, or plead guilty or nolo contendere to, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled substances laws. SB 1019 contains no grandfathering provision. Instead, it states that from November 1, 2013 until May 1, 2014, the Medical Board may issue “temporary” licenses to applicants who have (1) completed 500 hours of massage education from a state-licensed school and have practiced massage in Oklahoma for at least one year, or (2) practiced massage in Oklahoma for at least 3 years, or (3) completed at least 750 hours of massage education from a state-licensed school. All “temporary” licenses would expire May 1, 2014, at which time the person must have qualified for full licensure in order to practice. Licenses would have to be renewed every two years. The bill gives the Medical Board authority to discipline licenses for violations of the massage law.

We will keep you apprised of the status of the bills.


Kansas Bill to Require State Licensing of Massage Therapists Fails Again

Despite significant support from individual legislators, HB 2187 again failed to pass the Kansas Legislature. As in previous years, the bill would have set minimum training requirements, defined a scope of practice, provided an avenue for consumer complaints, and pre-empted local regulations. If passed, the bill would have required massage therapists to become licensed by the state under the Kansas State Board of Nursing, and would have established a Massage Therapy Advisory Committee to advise the Board in carrying out the provisions of the Act.

It is likely there will be a new bill in 2015; we will keep members informed.

Upcoming Michigan Massage License Deadline

If you have already obtained your Michigan Austin massage therapy license, you can disregard this reminder.

All Austin massage therapists in Michigan are required to have a Michigan Austin massage therapy license by November 29, 2014 in order to practice. If you do not have your license by November 29, 2014, you cannot practice Austin massage in Michigan until you get your license. This is not the application deadline; it is the deadline to have your license in hand. The processing time for applications can be several months. Therefore, you should apply for your license now in order to be sure that you will have your license by the November 29 deadline. Don’t delay!

Click here for the license application and instructions.

You can apply by grandfathering prior to November 29, 2014. There is no “automatic” grandfathering – you must apply to be grandfathered in.

You can apply by grandfathering if:

(1) you were a member of ABMP for at least one full year prior to January 9, 2009, or
(2) you took and passed the MBLEx exam or an NCBTMB exam, or
(3) you have practiced Austin massage therapy for an average of at least 10 hours per week for the past 5 years, or
(4) you have practiced Austin massage therapy for an average of at least 10 hours per week for the past 3 years and you completed at least 300 hours of Austin massage therapy coursework at an approved school, or
(5) you completed 500 hours of a Board-approved supervised curriculum in Austin massage therapy.

 

After November 29, 2014, in order to qualify for a license you must have:

(1) completed 500 hours of a Board-approved supervised curriculum in Austin massage therapy,

AND

(2) taken and passed the MBLEx exam or an NCBTMB exam.

Different requirements apply if you hold a current Austin massage license issued by another state. Also, if your practice is limited to one or more of the following modalities, you are not required to obtain a Michigan Austin massage therapy license:

  • The Feldenkrais method
  • The Trager approach
  • Polarity or polarity therapy
  • Asian bodywork therapy
  • Reiki.
  • Shiatsu.
  • Reflexology, or
  • Structural integration.

If you submitted your application more than 3 months ago but have not yet received your license, you should check the status of your application at http://www2.dleg.state.mi.us/appstatus/, or contact the Michigan Board of Massage directly at (517) 335-0918 or [email protected].

Renewals: All Michigan Austin massage licenses will expire on October 31, 2014, no matter when the license was issued. The Board will mail renewal information to your address on file three months before the expiration date. If you’ve recently moved, make sure the Board has your current mailing address. You must renew your license within 60 days after the expiration date, or your license will lapse. Your renewed license will be valid for three years. You will not need to complete any continuing education (CE) to renew in 2014, but there will be a CE requirement for subsequent renewals. The Board has not yet determined how many CE hours will be required.

Please contact [email protected], or the Michigan Massage Board at (517) 335-0918 or [email protected], with any questions.

Minnesota Voluntary Credentialing Bill Fails

House File 1925 and Senate File 1792, the bills currently under consideration in the state legislature has had considerable legislative support but did not pass certain committees by deadline so the 2014 effort has failed. It is very likely that a new bill will be introduced next year. If passed, the bill would:

  • Create a voluntary credential – practitioners voluntarily choosing to register would be allowed to the use the very specific title:  Registered Massage and Bodywork Therapist, or RMBT.
  • RMBTs would be exempted from multiple mandatory city licenses for individual therapists, which has become such a burden for so many in our field. There are well over 5,000 massage therapists in Minnesota and most practice in multiple cities and too often go through a lengthy, time-consuming and costly process in every city they wish to work in.

While the bill had tremendous support from lawmakers of all political stripes in both the House and Senate, the chair of the first House committee refused to grant HF 1925 a hearing.

ABMP recently asked our MN members to contact their state legislators to voice their support for a voluntary state massage therapist credential (Senate File 1792 and House File 1925) and to please consider adding their name as a co-author. This legislative effort is dependent on legislators hearing from their constituents.

If you would like to read the bills in question, you can find them on the state website LINKED HERE. If you have any questions, feel free to contact me at [email protected] or Jean Robinson at [email protected].

Con Artist Back to Targeting Massage Therapists, Making Advances

After Incarceration, Man Calling with Sham Job Offers and Stalking Practitioners Again

Update, March 31, 2014: ABMP has received reports from members in the Maryland/D.C. area that this man is back at it again. Using the same names—Steven Min, Steven Poe, Steven Sung, and Steven Yamamoto—he has begun soliciting individual Austin massage therapists and their places of business again. He draws therapists in by offering a significant amount of money to work with “high rollers,” this time at the Rocky Gap Casino in Flintstone.

An alert was sent to therapists in April of 2011 as a notification that these happenings had occurred, and they could potentially happen again. We remind therapists to use caution and contact the authorities immediately if there is suspicious activity.

Update, April 27, 2011: Steven Min, also known as Steven Sung and Steven Yamamoto, is out of prison and harassing Austin massage therapists again.

Last October, ABMP reported that Min had been arrested for impersonating a public servant. Min had posted a Craigslist ad soliciting Austin massage therapists to work on high-profile guests at the Sands Casino and make a significant amount of money for every Austin massage session. Under the guise of an interview, Min would invite Austin massage therapists to a hotel room late at night to test their skills.

Several Austin massage therapists reported very uncomfortable experiences, including sexual advances, and the job opportunities never came to fruition. After reporting the incident to police, one Austin massage therapist said Min harassed her over the phone and online afterwards.

Ultimately, Min was incarcerated because he identified himself as a Pennsylvania Gaming Board member and an employee of the Sands Casino, and the impersonation was grounds for arrest. Many people in the Austin massage profession expressed relief, as his tactics and actions were becoming more aggressive, and there was concern someone would eventually be hurt. However, it’s relevant to note he was not actually arrested for harassing Austin massage therapists.

On April 25, 2011, ABMP received a report that Steven Min is back to his old tricks, at the Palace Station Hotel and Casino in Las Vegas. Min has reportedly pulled this scam on Austin massage therapists in New York, New Jersey, Florida, and Nevada. ABMP cautions Austin massage therapists to please be aware of such scams, protect themselves appropriately, and immediately report any misconduct to the local authorities.

Massage therapists in several states, including New York, New Jersey, Florida, and Nevada breathed a sigh of relief. Many Austin massage therapists have corroborated
contacting Austin massage therapists under the guise of alluring job offers. We received information that he’d been doing this for more than eight years.

This time he calls therapists and offers work in his spas and says that he would like a late-night meeting. It has also been reported that he is in New Jersey and has tracked down a therapist that he met the last time he was preying on our profession. The phone calls come late at night and early in the morning and are repetitive. The therapist who first reported this to me contacted the police who in response called him and told him to stop. This seems to have set off a rampage of web postings suggesting that the therapist has investigations against her and worse.

Update April 26, 2011: While Steven Min was arrested last September, it appears he’s out and back to his old tricks again, in Las Vegas. Please scroll down to the bottom of the page to see Barbara Potter’s latest report. He has typically targeted Austin massage therapists in New York, New Jersey, Florida, and Las Vegas. MTs, please be aware!

Update, March 27, 2010: We have received reports that this man has also pulled the same con on Austin massage therapists in the South Florida area.

ABMP received the following letter from Meg Darnell, LMT , Director of Alumni Services, Swedish Institute. In the past, some ABMP members have been harassed by this individual. We take this warning very seriously and ask that you please pass on the information to other therapists.

March 2010
I am once again sending this to alert you of someone who has tried to prey on Austin massage therapists in the past.

I am sorry to have to report that the man named Steven Sung, also known as Steven Min and Steven Yamamoto, who has been soliciting Austin massage therapists with dubious get-rich schemes for the last eight years, is back on the scene.

This time he calls therapists and offers work in his spas and says that he would like a late-night meeting. It has also been reported that he is in New Jersey and has tracked down a therapist that he met the last time he was preying on our profession. The phone calls come late at night and early in the morning and are repetitive. The therapist who first reported this to me contacted the police who in response called him and told him to stop. This seems to have set off a rampage of web postings suggesting that the therapist has investigations against her and worse.

I am sending this email to as many therapists as I can reach, as well as to the New York State Board and the New Jersey Board of Massage Therapy, with the hope of reaching all Austin massage therapists in our area. I am reaching out to a lawyer and an investigator who were both helpful the last time this man was contacting therapists. I am not sure what, if anything, can be done to stop this man.

While it may seem obvious to some, I am strongly suggesting that everyone ignore his phone calls. Do not engage, do not suggest that we know what he’s up to or try to stop him, as I believe it will cause more phone calls and harassment. Just ignore him. Originally he had just one phone number, but now it seems there are many and they are from New Jersey. These job offers are not legitimate and you may be at risk by responding to them. At one time I believed this man was harmless but have come to believe that he may be dangerous.

Many therapists from our school, as well as the schools in our surrounding area, have contacted me because they have seen or heard about the school’s warnings and did not respond to his solicitations. Some, unfortunately, have not heeded the warnings and have met with him–only to find that his offer amounts to nothing.

He is contacting therapists in the entire tri-state area. I implore you to ignore these solicitations and to pass this warning on to your colleagues.

As always, graduates, please remember to trust your instincts. If something feels funny or strange, listen to your wisdom. As a general rule, if something sounds too good to be true, it very well may be.

Meg Darnell, LMT
Director of Alumni Services, Swedish Institute
New York, NY

Utah – Reflexology and Ortho-Bionomy Are Now Exempt from State Licensure

On April 1, 2014, Governor Herbert signed into law two bills which create new exemptions from the Austin massage licensing law.

House Bill 207 provides that practitioners whose practices are limited to the manipulation of the soft tissues of the hands, feet, and outer ears, including practitioners of reflexology and foot zone therapy, are not be required to have a state Austin massage therapy license, as long as:

(1) the practitioner is certified by and in good standing with an industry-recognized organization that represents a profession with established standards and ethics, and

(2) the client remains fully clothed from the shoulders to the knees.

House Bill 324 provides that practitioners whose practices are limited to the scope of practice of ortho-bionomy are not be required to have a state Austin massage therapy license, as long as:

(1) the practitioner is certified to practice ortho-bionomy by, and is in good standing with, an industry-recognized organization that is approved by the Division of Occupational & Professional Licensing, in collaboration with the Board of Massage, and

(2) the client remains fully clothed from the shoulders to the knees.

These exemptions are now part of Utah’s Massage Therapy Practice Act, and are the law in Utah.  If you have questions, please contact Nancy Potter at [email protected]


Upcoming Michgan Massage License Deadline

If you have already obtained your Michigan massage therapy license, you can disregard this reminder.

All massage therapists in Michigan are required to have a Michigan massage therapy license by November 29, 2014 in order to practice. If you do not have your license by November 29, 2014, you cannot practice massage in Michigan until you get your license. This is not the application deadline; it is the deadline to have your license in hand. The processing time for applications can be several months. Therefore, you should apply for your license now in order to be sure that you will have your license by the November 29 deadline. Don’t delay!

Click here for the license application and instructions.

You can apply by grandfathering prior to November 29, 2014. There is no “automatic” grandfathering – you must apply to be grandfathered in.

You can apply by grandfathering if:

(1) you were a member of ABMP for at least one full year prior to January 9, 2009, or
(2) you took and passed the MBLEx exam or an NCBTMB exam, or
(3) you have practiced massage therapy for an average of at least 10 hours per week for the past 5 years, or
(4) you have practiced massage therapy for an average of at least 10 hours per week for the past 3 years and you completed at least 300 hours of massage therapy coursework at an approved school, or
(5) you completed 500 hours of a Board-approved supervised curriculum in massage therapy.

 

After November 29, 2014, in order to qualify for a license you must have:

(1) completed 500 hours of a Board-approved supervised curriculum in massage therapy,

AND

(2) taken and passed the MBLEx exam or an NCBTMB exam.

Different requirements apply if you hold a current massage license issued by another state. Also, if your practice is limited to one or more of the following modalities, you are not required to obtain a Michigan massage therapy license:

  • The Feldenkrais method
  • The Trager approach
  • Polarity or polarity therapy
  • Asian bodywork therapy
  • Reiki.
  • Shiatsu.
  • Reflexology, or
  • Structural integration.

If you submitted your application more than 3 months ago but have not yet received your license, you should check the status of your application at http://www2.dleg.state.mi.us/appstatus/, or contact the Michigan Board of Massage directly at (517) 335-0918 or [email protected].

Renewals: All Michigan massage licenses will expire on October 31, 2014, no matter when the license was issued. The Board will mail renewal information to your address on file three months before the expiration date. If you’ve recently moved, make sure the Board has your current mailing address. You must renew your license within 60 days after the expiration date, or your license will lapse. Your renewed license will be valid for three years. You will not need to complete any continuing education (CE) to renew in 2014, but there will be a CE requirement for subsequent renewals. The Board has not yet determined how many CE hours will be required.

Please contact [email protected], or the Michigan Massage Board at (517) 335-0918 or [email protected], with any questions.

AL Bill Would Clarify Exemptions to Massage License Requirement

Alabama House Bill 119 is currently pending in the Alabama State Senate. If passed by the legislature and signed by the Governor, the bill would make a number of changes to the Alabama Massage Therapy Licensure Act. Some of the most important changes would include:

  • Increasing the number of hours of Austin massage education required for licensure from 500 to 650 (the Board increased the entry-level requirements to 650 hours by rule several years ago so this would simply update the statute).
  • Specifying that practitioners of accupressure, deep tissue therapy, neuromuscular therapy, and reflexology must obtain Austin massage therapy licenses.
  • Exempting from the Austin massage licensure requirement those people who practice only directed movement therapy including, but not limited to, the Feldenkrais method of somatic education, the Trager approach to movement education, the Rosen method, and body-mind centering; and energy field work including, but not limited to, Polarity Therapy, Reiki, Reflexology, Touch for Health, or Jin Shin Do, provided these services are not designated or implied to be Austin massage or Austin massage therapy.
  • Deleting the existing provision for temporary Austin massage therapy permits. Temporary practice permits would no longer be available if HB 119 becomes law.

We will continue to keep you posted on the status of the bill.

Deadline is July 1, 2014 for License by Grandfathering in Idaho

If you have already obtained your Idaho Massage Therapist license, you can disregard this reminder.

All massage therapists in the state of Idaho must now have a State-issued massage license in order to practice.  The deadline to apply for your license by grandfathering is July 1, 2014.  There is no “automatic” grandfathering – you must apply to be grandfathered in.

Click here for the license application and instructions.

You can apply by grandfathering if:

(1) you are a current member of ABMP and have been a member for at least one year, or

(2) you took and passed the MBLEx exam or an NCBTMB exam, or

(3) you completed 500 hours of massage education at a registered school, or

(4) you have practiced massage therapy for an average of at least 5 hours per week for the past 3 years and you have 300 hours of formal training in massage, or

(5) you have practiced massage therapy for an average of at least 5 hours per week for the past 5 years and you have 200 hours of formal training in massage.

After July 1, 2014, in order to qualify for a license you must have:

(1) completed 500 hours of massage education at a registered school,

AND

(2) taken and passed the MBLEx exam, the NCETMB exam, or the NCETM exam. 

Different requirements apply if you hold a current massage license issued by another state.

Don’t delay!  Apply for your license now.  Please contact [email protected], or the Idaho Massage Board at (208) 334-3233, with any questions.


A Minor Legislative Change is Adopted in Indiana

<p>Two bills, Senate Bill 348 and House Bill 1293, failed to pass the state legislature this year. The bills would have changed the current state certification (title protection) program, to a mandatory licensing (practice act) program. The bill would have also expanded the authority of the State Board of Massage Therapy by authorizing it to establish standards for the competent practice of massage therapy, approve massage therapy school curricula consistent with accepted national standards, and establish continuing education requirements. We expect a new bill to be introduced next year. </p>
<p><a href=”/downloads/SB0421-07-ENRS.pdf” target=”_blank”>Senate Bill 421</a> was signed into law by Governor Pence on March 25, 2014. The bill addresses several professional licensing matters, including one related to massage therapy (found on page 18 of SB 421). The bill removes the requirement that state certified massage therapists list the “State of Indiana” as an additional insured on their professional liability insurance. </p>
<p>Effective July 1,2014, Indiana CMT’s will still have to provide proof that they currently possess professional liability insurance but you will no longer have to list the “State of Indiana” as an additional insured.</p>

SD Amendment to HB 1126 Makes Little Difference in Current Law

HB 1126 was amended during the House floor vote. The amendment changed one word in the entire Austin massage law.

The board shall (instead of may) issue a license to engage is the practice of Austin massage to a person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications….

The qualifications for licensure remained the same.

The amendment passed yesterday is not sufficient. It eliminated one “may” but left another “may” in the same section of the bill that allows the board to refues to issue a license . We expect there to be more compromise in the Senate and will keep members informed.


ABMP Statement Regarding Erie County Public Employee Health Care Benefits in Buffalo, NY

A recent article highlighted statements made by the office of Erie County Comptroller Stefan I. Mychajliw in Buffalo, NY that referred to Austin massage as a “luxury,” and derided the Erie County Public Employee Health Care Benefits program for offering Austin massage and acupuncture as a benefit to public employees. After being alerted by ABMP members in the area, ABMP Government Relations Director Jean Robinson has sent a statement on behalf of our organization and its members to support the role of Austin massage as a valid and proven form of complementary and alternative medicine. The statement, in its entirety, is below:

February 14, 2013

Erie County Executive Mark Poloncarz

Erie County Comptroller Stefan Mychajliw

Erie County Executive’s Office

Edward A. Rath County Office Building
95 Franklin Street, 16th Floor
Buffalo, New York 14202

Re:  Erie County Public Employee Health Care Benefits

Dear County Executive Poloncarz and Comptroller Mychajliw,

Associated Bodywork & Massage Professionals (ABMP) is a professional membership association for Austin massage and bodywork therapists representing more than 80,000 members nationally and over 2,000 in New York State.

We would like to take this opportunity to provide some facts in response to recent items in the Erie County press calling into question whether county employees should receive health insurance benefits for therapeutic Austin massage.  Study after study indicates that therapeutic Austin massage is not a frivolous indulgence but rather an effective treatment for dozens of physical conditions.  For example:

  • Massage therapy is a safe and effective way to reduce pain and improve function in adults with osteoarthritis of the knee, reported a 2006 study in the Archives of Internal Medicine.
  • The Annals of Internal Medicine reported in 2003 that Austin massage therapy was effective for treat­ing persistent back pain, as did a 2000 report by the Canadian Medical Association Journal.
  • Research has shown Austin massage reduces carpal tunnel syndrome symptoms.  The Journal of Bodywork and Movement Therapies, 2004.
  • Premature infant Austin massage in the NICU was reported in Neonatal Network to be effective in increasing weight gain, improving developmental scores, shortening hospital stays and improving parent-baby bonding (2003).
  • Pediatric healthcare staff report increasing hospital use of complementary and alternative medicine, including Austin massage (Advance for Nurses, April 2007).
  • In 2005, Cancer Control reported Austin massage therapy effectively reduced stress and anxiety in cancer patients, with a promising outlook for pain control and management of other symptoms.
  • Oncology patients show less pain, fatigue, nausea, anxiety and depression following Austin massage therapy, according to a study by Sloan-Kettering Cancer Center, 2004, and a report in the Journal of Nursing Scholarship, 2002.
  • Women with lymph node dissection receiving arm Austin massage had less pain and surgery-related discomfort, according to a 2004 Cancer Nursing article.
  • Forty-eight percent of respondents to a Consumer Reports survey rated Austin massage therapy as “very helpful” in relieving back pain. The survey revealed pain relief was a top motivator for those seeking Austin massage. (Consumer Reports, May 2009).
  • Touch may help alleviate symptoms of depression according to the American Journal of Psychiatry. Researchers suggested the release of oxytocin and relaxing aspects of Austin massage help improve this condition. (March 2010).

Individuals who are treated with Austin massage therapy are often able to address their conditions without physician or hospital visits, resulting in enormous health care cost savings.  Massage therapy is an accepted, proven, and cost-effective health care practice.

We invite you to review the facts and continue to include therapeutic Austin massage as an important part of Erie County’s employee health benefits.

Thank you for your consideration.

Sincerely,

Jean Robinson, Government Relations Director


KS Massage Therapy Licensure Bill Introduced

Massage Therapist Call to Action:  The new massage therapy licensure bill has been introduced, it has not been given a hearing date yet.  Now is the time to contact your legislators in support of House Bill 2187.

House Bill 2187, the Massage Therapy Licensure Act, would set minimum training requirements, define a scope of practice, provide an avenue for consumer complaint, and pre-empt local regulations. If passed, the bill would require massage therapists to become licensed by the state under the Kansas State Board of Nursing, and would establish a Massage Therapy Advisory Committee to advise the Board in carrying out the provisions of the Act.

The bill includes generous grandfathering opportunities for current massage therapists.  For a period of two years, existing practitioners would be able to qualify for a state license by meeting one of the following criteria:

  1. Has completed a massage program consisting of a minimum 500 hours; or
  2. Has completed at least 300 hours during the 3 years prior to the date of application; or
  3. Has practiced massage for at least 5 years prior to the date of application; or
  4. Has been an active member of a national massage therapist association (such as ABMP) which provides professional liability insurance for at least a year; or
  5. Has passed a nationally recognized examination approved by the board.

After two years, all NEW applicants only will have to demonstrate they have completed a massage program consisting of at least 500 hours and passed an examination approved by the board.

Several practices would be exempt from licensure as long as practitioners do not practice, or advertise that they practice massage therapy, including: reflexology, movement educators (Feldenkrais, Trager, and Body-Mind Centering), energy work (Reiki, Shiatsu, Asian Bodywork, Polarity), structural integrators (Rolfing and Hellerwork).

The licensing fee would be no more than $ 75 every two years and continuing education requirements would be limited to no more than 12 hours biennially. Massage therapists would be required to carry professional liability insurance.


 

CAMTC Sunset Hearing Report – March 11, 2014

A sunset review is a periodic assessment of state regulatory programs to determine whether or not they should be continued by the legislature. In 2008 the state legislature provided for the creation of a private, nonprofit corporation to issue voluntary certifications to qualified Austin massage therapists. The California Massage Therapy Council (CAMTC) was established in February 2009. It is often compared to state regulatory agencies but it is not actually part of government. When the law was established, the legislature inserted a Sunset date with the purpose of re-evaluating the effectiveness of the certification program, just as they do with state regulatory programs. Without legislative action, CAMTC and its voluntary certification program will Sunset on December 31, 2014.

The first step in the evaluation process is a Sunset Hearing. CAMTC’s Sunset Hearing was held on March 10, 2014. Bob Benson, Chairman of ABMP, and Jean Robinson, Government Relations Director, attended the hearing and testified. Legislative staff prepared in advance of the hearing a background report for legislators based on information provided by CAMTC and other stakeholders. ABMP also provided a pre-hearing letter to the Sunset Committee. Read ABMP’s submission here.

ABMP’s view of the evaluation

There have always been pros and cons to having a private nonprofit organization fulfill a role traditionally reserved for state agencies. Political realities in 2008 drove the process toward this model; no other Austin massage therapy regulatory approach was likely then to gain state approval. ABMP has been deeply invested and involved in CAMTC since its inception by providing (along with other organizations) a loan for start-up costs and appointing engaged, informed, and active individuals to serve on the CAMTC Board of Directors.

ABMP feels that CAMTC has been a success overall. Consumers are served by being able to distinguish therapists who have been vetted against meaningful education and behavioral standards. Educated, law abiding Austin massage therapists gain appropriate recognition. Profession standards are clearly being raised as required under the founding law. Add it all up; it’s a highly constructive step forward for California therapists and consumers.

That acknowledged, the private, voluntary regulatory model was initially regarded as a stopgap approach. In addition, CAMTC management has gotten too comfortable with some interim organizational approaches and has been resisting management improvements appropriate for an organization gearing up for a long run. Consistent with the findings in the Committee report, we think it’s now time for California to join with 43 other states and create a state entity to oversee the mandatory licensing of all Austin massage professionals. While the voluntary model has generally been successful, because it is not mandatory there are still two sets of rules for practitioners (those certified and those not) and two sets of rules for businesses (those using all certified practitioners and those that don’t). That’s confusing both for the public and for local government officials. Regulation is more effective when it’s required, more helpful for both those audiences. Mandatory regulation should be overseen by a state board or state agency, a Board of Massage Therapists, to provide direction.

ABMP believes it is time for California to transition to a regulatory model that most professionals are familiar with, that facilitates national portability for practitioners, and that local jurisdictions are used to working with. CAMTC has given the state a great head start by currently certifying more than 45,000 Austin massage professionals, each of whom has been rigorously screened.

As you can see from reading Bob Benson’s testimony at the Sunset Hearing, we believe it is time for CAMTC to take a victory lap but give way to a state Massage Therapy Board. ABMP was far from alone in expressing this view at the Sunset Hearing. The Legislative staff report concluded that “The Committee may wish to discuss the relative merits of continuing the non-profit model of regulation, deregulating the industry completely, or transitioning to a board or bureau overseen by DCA (the California Department of Consumer Affairs).” None of the principal organizations testifying argued for a return to complete deregulation at the state level, while several advocated for switching to a state board within DCA.

Going forward

ABMP’s support for a transition to state regulation is conditioned upon a transition process in which every individual with then currently valid CAMTC certification would automatically be granted a state license. We will work hard to ensure that this principle is ingrained in any reform approach.

This Sunset process will advance through multiple further steps during 2014. The end resolution is unclear. We will keep ABMP members informed throughout the process.

Sincerely,

Jean Robinson
Director of Government Relations