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Syncretism: Acupuncture and Public Health in Cuba
"Syncretism" is defined as a union of diverse tenets or practices. On a recent trip to Cuba designed to demonstrate the integration of Traditional Medicine and biomedicine, our group witnessed this union firsthand.
The Concussion-Subluxation Complex
In the Aug. 1, 2014 issue of Dynamic Chiropractic, I reviewed some of the literature demonstrating the role of the chiropractic adjustment in post-concussive care.
Too Many to Remember: Tips to Revive Your Ortho / Neuro Test Skills
When I was at Palmer in the mid-1980s, we were given a set of notes in one of our diagnostic courses. The notes covered approximately 70 orthopedic and neurological tests for various regions of the body.
Born to Energize the Human Spirit: Recollections of Sig Miller
Sig Miller, longtime executive director of the Association of New Jersey Chiropractors (ANJC), passed away on Sept. 17 after a long battle with cancer.
Acupuncture and Oriental Medicine in the West
We know acupuncture and Oriental medicine as the indigenous medicine of East Asia; in particular China, Korea and Japan are the countries of origin of this wonderful healing system.
Tailor-Made Knee Pain: The Sartorius Muscle
A patient was referred to my office after receiving treatment from various providers with no results. The patient was training for the Olympics as a marathon runner and was unable to run or walk without severe medial knee pain.
Your Billing Questions Answered
I hear a lot of the following questions: I am afraid I may doing something illegal. I have heard I cannot have different fees for the same service.
F4CP Making a High-Impact Impression
The Foundation for Chiropractic Progress has released details of its 2016 strategy, certain elements of which are already in play. The strategy includes ads, posters and other resources available to all F4CP members.
Diagnose Sprain Injuries in MVA Cases With Dynamic X-Rays (Pt. 1)
Am I the only person to notice hospitals are doing a seemingly insufficient job lately in their initial radiological workup of motor vehicle accident (MVA) victims?
Targeting the Bad Apples in the Bunch
While everyone was focused on the conversion to ICD-10, the Office of Inspector General for Health and Human Services released a new report on chiropractic titled "CMS Should Use Targeted Tactics to Curb Questionable and Inappropriate Payments for Chiropractic Services."
The Modern Application of Ancient Mei Rong
Chinese Medical Cosmetology (Mei Rong) has a well-documented and venerated history dating back to the Qin (221-206 BC) Dynasty.
Footsteps of the Sages: An Apprenticeship with Dr. Kezhan Zhang
When I met Dr. Kezhen Zhang in May 2013, I was his translator and the integrity, creativity, and passion he demonstrated as a practitioner and advocate of the medicine convinced me to travel to Beijing to study with him.
Designing a Fitness Plan (Part 1)
It doesn't matter if you come to my practice for pain relief, weight loss, healthy aging or something else. The formula I talk about for each patient's fitness strategy is pretty much the same.
Chinese Herbs and Pulmonary Fibrosis: A Case Study
"Mary M."* recently celebrated her 90th birthday. Even the former sheriff dropped by to kiss the hand of this diminutive retired teacher, to honor the years she interpreted for him during interviews with Latinas and Latinos.
It's Time to Review
It is amazing to see the changes that are occurring in the acupuncture profession. Let's look at some of the news and events that have contributed to this growth and awareness.
One Size Does Not Fit All: Exercise and Nutrition According to Your Yin/Yang Body Type
There are countless new exercise and nutrition plans out there, emphasizing the latest ground-breaking research and claiming to revolutionize the way we view health.
Which Way is the Energy Going? Are You Burning Yourself Out?
One of the simple methods that I use to define Yin/Yang theory to patients is to ask the question, "Which way is your energy going?"
Mechanism: Experimental Approaches to Understanding Acupuncture, Part 1
The clinical benefits of acupuncture are difficult to ignore, but also can be difficult to explain to a Western audience. For nearly 50 years, relentlessly inquisitive scientists and physicians have been working toward a conceptual model to explain acupuncture.
Pro-Con: Swaddling for Newborns
The practice of swaddling has been used for thousands of years and was popular until the 1700s, when it was slowly abandoned by many cultures that considered it old-fashioned or barbaric.
Making Sense of an Increasingly Obvious Conclusion
Where's U.S. health care heading? Like it or not, the list of telltale signs is growing to a point that stands out to even the most myopic observer. Consider this list of facts as you look into the future of health care in the United States:
Dietary Fat and Prostate Cancer: An Important Update
K.M. Di Sebastiano and M. Mourtzakis published a review paper examining the role of dietary fat on prostate cancer development and progression late last year that does a stellar job of summarizing the available data on fat and prostate cancer.
Omega-3 Fish Oil: An Underappreciated Element of Men's Health
As a clinician with many male patients -- and as a man myself -- I am all too aware of the fact that we like to convince ourselves that we are doing great, when that may be the farthest thing from the truth.
North Carolina Acupuncture Board Files Dry Needling Lawsuit
In early September, the NCALB filed a complaint against the North Carolina Board of Physical Therapy Examiners over the issue of dry needling, a form of acupuncture that uses solid needles to puncture the skin and muscle tissue to relieve pain.
April, 2007, Vol. 07, Issue 04
Are You Under Contract?
By Jenn Sommermann, LCMT
Unfortunately, it's still not the norm for massage business owners to have employment contracts with their massage therapists. Although things are changing and employers are more informed than ever, the average business owner still does not protect themselves or their staff with a written contract.We previously have been a more lax profession and our personalities, by nature, are trusting and friendly. However, as our industry has become more professional and our business training savvier, we are starting to understand how important a working contract is. A handshake won't do the trick anymore. Every massage therapist should have a contract, either as an independent contractor or employee.
I wish I could tell you this is preventive in nature, and for the most part it is. But, as a business teacher and coach, I hear too many stories that prove how important this concept is. I was inspired to write this article because a former student called with his "nightmare story." It seems an entire staff of massage therapists was fired because they wrote a letter of complaint about a recent promotional venue at the spa at which they were employed. The spa offered a 50 percent discount during a two-week period, and the cut came strictly from the therapists' pay. When the therapists wrote a letter and complained, a meeting was called. That same day, the therapists (I think there were 10) were questioned, fired and told to vacate the premises immediately. My former student called me to discuss if this was legal. I asked, of course, if there was a contract.
The good news is that he said there was a contract, sort of. It came in the form of a 38-page handbook for employees. However, nothing was negotiated and there was no room for discussion. It was a "take it or leave it" handbook and had to be signed by the employee. There also was a clause in it stating the employer had the right to change things as they saw fit. The bad news is it wasn't really a contract and did not have the "right" information in it to support both the employer and the therapist. A truly fair contract will support and protect both parties.
I can't stress how important a contract is, as a starting place for negotiation and as a concrete design of what the working relationship and model will be for the duration of employment.
Here is where it went wrong. First, there was, in fact, information about promotions. However, it only stated that the establishment had the right to run them. There was no description about how they would impact the therapist or their pay. Often, promotions are run and the house takes the hit, or a combination of the house and therapist will be affected. If the massage therapist were to assume the entire financial burden, wouldn't you want to know that going into the job? That is not to say you wouldn't work for someplace that assigned the financial burden to you. Rather, the information would be helpful so you could budget and/or plan your finances. Perhaps you rely on other sources of income and two weeks of a pay cut are fine, if it brings in more volume and is good for business. The converse side is, if you rely completely on this one paycheck for your personal finances, this could be a problem. Maybe you could not afford such a change in salary. Either way, knowledge is power and it would be helpful to know for future financial planning.
Second, there should have been a paragraph detailing termination agreements. If the business owner wants to fire you and end your job immediately, that is their right, but it should be in writing. Similarly, what if you are not happy? Are you allowed to walk, or are you obligated to give some notice? I am not an advocate for walking off the job. I always think the right thing to do is give at least two weeks notice. Whatever you and your employer decide, it should be detailed in the contract. Wouldn't it be helpful to know these things before you start working someplace?
Lastly, how are disputes handled at places of employment? A good contract will detail this in the unfortunate event that it happens. How stressful is it to think you cannot have a voice at your place of employment for fear of losing your job? If something like this were made clear in the contract/handbook, perhaps there would have been a forum to vent their grievances instead of everyone being fired.
There are many other topics I would suggest for an employment contract. And when it comes to contracts, the more information there is the better. Take any uncertainty out of the employment situation and detail the working relationship and model as much as possible. I have detailed three topics for you, given the unfortunate example from my student. In addition, I have named the other two on my Top 5 and provided this list for your reference.
Topics for written working contracts:
This is not an exhaustive list, but it is a start. I strongly suggest you get your hands on The Business of Massage by the American Massage Therapy Association and use it as a resource. It's an excellent book you will use for years to come. As ambassadors for the field, we must encourage employers to have working contracts. If they don't, suggest it. Be proactive. Draw one up yourself. If they don't like it or won't sign it, ask yourself, "Do I really want to work here?"
Above all, protect yourself and stay focused.
Click here for previous articles by Jenn Sommermann, LCMT.
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