Currently in California, a large number of cities and counties regulate massage by local ordinance, controlling both the business and therapist zoning. The current "permitting process" has been frustrating for many therapists who are forced to get a permit in every city where they work, which can be an expensive and tedious process. The current law in affect is the Freedom of Healthcare law which prevents unlicensed health care practitioners from being charged with the unlicensed practice of medicine. As for the rest of the nation, with the exception of the nine states with no regulation at all, massage therapists now are regulated through state wide licensure, certification or registration.

As previously reported in Massage Today, California's Senate Bill 412 was shot down by powerful interest groups that used their muscle in Sacramento to prevent the bill from passing. For years, professional organizations in California have worked very hard with lobbyists, government officials and interest groups to reform the current system.

The main issue is the California Chiropractic Association and their demands of obtaining a referral for the practice of passive stretching of our clients. The wording submitted by the CCA at the end of last year's session is as follows: Massage does not include joint movement in passive range of motion unless under the direct supervision of a health care provider operating within his or her scope of practice. Massage does not include thrusting or pulling of joint tissue."

On March 1, representatives from the AMTA-CA and the ABMP met with CCA leadership to discuss their concerns. They are working on language that will be acceptable to all parties. Beverly May, AMTA's Government Relations Chair said, "I don't think that a prohibition on stretching without a referral will be acceptable to the massage profession. There is no danger, have been no lawsuits over range of motion, and we are clearly not doing or asking to do joint manipulations."

The current language stated in S.B.731 Section 4600(5)(c) states, "Massage specifically does not include moving a joint beyond an individual's normal physiological range of motion, or using a fast, low amplitude thrust."

This should satisfy the demands of the CCA. There simply is no evidence or justification other than monetary motivations to back the chiropractors on this matter. The chiropractic community must remember that the purpose of the bill is to protect the public. For years, stretching has been taught safely in massage schools and used successfully in massage and bodywork. Most massage practitioners will not budge on this issue. However, several believe the satisfaction of the CCA will be the final detail that could pass the new bill. Massage Today will continue to provide updates and welcomes any comments or concerns.