resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Old TCM Sayings: Treat the Front to Treat the Back
Chinese medicine college was, and always will be, a memorable time. It was a time of massive personal and professional growth.
Put the Social Back Into Social Media
Social media is more than a passing fad, it is definitely here to stay. Social media apps and channels of distribution may evolve, but the concept of social media is now big business and a part of all our lives.
The CDC came out with a report in March 2013 that suggests 1 in 50 children will be diagnosed somewhere on the autism spectrum – significantly higher than the 1 in 86 figure that came out in 2007. What does this mean moving forward, particularly for children?
Finding Balance in the Clinic
This past December, I celebrated 11 years in practice. I seriously don't know where the time went. I feel beyond blessed and grateful to be practicing our profound and beautiful medicine and to be helping guide my patients restore a state of optimal health.
It might have been a miserable start to the day in the heart of downtown San Diego. A heavy rain had soaked the large homeless population congregating near the intersection of Third Avenue and Ash Street as they waited for a free breakfast to be served at the First Lutheran Church on the corner.
Leaving Footprints on Capitol Hill: Tribute to Dr. Kenneth Luedtke (1930-2014)
It was with great sadness that I heard of the passing of Dr. Ken Luedtke.
Connecting the Dots
In 2002, I published a book on patient examination procedures that included information on the procedural coding of the recommended examinations. The book should have been published in 2000, but I had trouble finding a publisher. Why?
Help Your Parents Stay Engaged
As much as parents may wish it were so, children do not come with an instruction manual. There's no "how to" that can be followed and no two children are alike, so what works with one generally won't work with the next.
Mind-Body in Motion
A central goal of low back pain treatment involves the correction of dysfunctional movement patterns believed to be responsible for spinal overload.
Acupuncture and Homeopathy: Bioenergetic Brothers
Acupuncture and homeopathy share an important healing principle: bioenergetics. "Bio" means "life," so bioenergetics is literally "life energy."
Reflections: The Art of Teaching Asian Medicine
Over the past three decades, my global workshops have been translated into German, Swiss German, French, Romansch, Spanish, Lithuanian and Xhosa. Time to offer you new teachers a few tips!
Cell Health (Part 2)
Dr. Barsten, your book is about restoring "cell vitality." Can you briefly define the term? Cell vitality is more than the mere absence of symptoms or pathology, but optimum structural, physiological and energetic health.
The Top Seven Website Mistakes Clinics Make
The majority of acupuncture clinics finally have a website for their business. Having a website is crucial for being found online through Google, Facebook and review sites like Yelp.
News in Brief
An Encouraging Sign at Palmer; NBCE Announces Retirement of Longtime Director of Testing.
Are You Really a Healthy Eater?
I always giggle a little bit (to myself) when someone comes into my office and informs me that they are a healthy eater. What exactly does that mean? Does that mean they eat sugar in moderation? And what's that, exactly?
Unlevel Pelvis in the High-School Athlete: Exploring Causes and Effects
The unlevel pelvis is all too common in the high-school athlete and if not detected, will likely cause a lifetime of musculoskeletal issues. Any provider who doesn't look for this common finding is missing critical information.
The Conscious Evolution of Healing, Part 2
The idea of transmission is very important in the Chinese medical classics. According to author Claude Larre, the ancient Chinese were highly interested in the connection between things. Nothing was looked at as an isolated entity.
Let's Speak With One Voice in 2015
For the longest time, the chiropractic profession has attempted to achieve some form of unity. On a political level, this was characterized by an ultimately unsuccessful two-year merger effort between ACA and ICA leadership from 1986-1988.
It's Time to Create a Strong Acupuncture Footprint
Footprints in the sand. Footprints in the snow. Where do these footprints go? Some are big, some are small, but footprints are made by all.
Case Histories from Bali: Treating Balinese Chidren with TCB and Shonishin
When I moved to the island of Bali in 2005, I offered my services in Bumi Sehat, which means Healthy Mother Earth, a free birthing center for poor and disadvantaged local women located in Ubud.
January, 2008, Vol. 08, Issue 01
Recent History of California State Massage Regulation
By Beverly May
In late 1991, the California chapter of American Massage Therapy Association (AMTA-CA) organized the California Coalition on Somatic Practices. This informal group, representing massage and somatic associations, individuals and school owners, developed a 40-page informational packet and survey on questions of professional identity and regulation. In 1995, almost 20,000 surveys were sent throughout the state. At that time, just over a majority of massage therapists supported state regulation. Non-massage somatic practitioners, who are not subject to local vice laws, mostly did not want to be regulated.
Six years later, AMTA-CA surveyed our members specifically regarding massage regulation. All the massage and somatic organizations that might be affected were offered copies of the survey. Only the Association of Bodywork and Massage Professionals (ABMP) did a concurrent survey.
With fairly strong support from our members for a state law to pre-empt local vice regulations, AMTA-CA began to explore feasibility. ABMP, with a large California membership, was told that we would not proceed if they were in opposition, and we encouraged their participation. Our intent was that non-massage, somatic specialties be exempt, as is fairly standard in the newer state licensing laws now in existence.
We began with a fairly broad principle - if there is going to be regulation, one state regulation is preferable to multiple and vastly differing vice ordinances. It has been our experience after at least three decades of working on repeal or reform of local ordinances, that very little progress is possible at that level. Both AMTA-CA and ABMP were in agreement regarding provisions such as full grandfathering and pre-emption of these local ordinances.
Only AMTA-CA committed to hiring a lobbyist. We prepared to introduce a bill in the 2003-2004 legislative session. Although it was extremely optimistic, we expected to mobilize supporters and work with opponents and other stakeholders.
Then, San Diego assemblywoman Christine Kehoe agreed to author the bill. Under the pressure of meeting the bill-filing deadline, communication broke down and caused some initial chaos.
We expected a "spot bill," worded as "an intent to study the need for regulation," allowing us time to work on the actual wording. Instead, the assemblywoman's staff cut and pasted sections from AMTA and ABMP Model State Codes that we had sent, along with sections of bills pending in other states. The result was a bill that no one liked pieced together in order to keep the bill active.
Many states, including California, require submission of a Sunrise survey documenting the need for state regulation. Typically, it's based on potential harm to the public by the unregulated profession. There is little proof that massage practitioners actually do much physical harm.
The Sunrise survey introduced in 2003 took the position that massage is not causing any significant physical injury, but that the public would be better served by state regulation rather than the patchwork of local regulations. We believe the public is harmed emotionally and financially by the current situation - as individuals, as well as in the costs borne by communities in their mostly futile efforts to prevent the use of massage as a front by the sex industry. The costs of state regulation would be borne by the pooled fees of all licensees. The 30,000 or so California massage therapists also are harmed by being subject to varied and expensive local requirements, paying for criminal investigations and permit fees in multiple cities.
At the same time, a committee representing AMTA-CA, ABMP and massage schools formed to discuss revisions to the bill, producing a version that we felt could begin the process of negotiation with other stakeholders including local officials, employers, other schools and other professions.
In November 2003, AMTA-CA agreed to pull the bill from consideration as there was still too much work to do to prepare for upcoming Sunrise hearings. Fast-forward to the 2005-2006 session when finding an author was not easy. Gov. Schwarzenegger had just come to power with plans to do away with over half the boards regulating professions, and a serious budget crisis was taking attention from legislators. Our best option was a promise from then Senator Figueroa, Chair of the Senate Business and Professions Committee (as well as the joint committee, which would hear our Sunrise application) to come up with something if we passed the hearing. Her option was to author a bill with no sponsoring organization, but with AMTA and ABMP both providing the type of support that sponsors generally do. However, rather than a license law, Figueroa insisted on the odd California model of a private agency created by the legislature to issue certifications and regulate certificants - unlike the previous licensing bill, this would be a title act, allowing those not certifying to work under other titles.
With lobbyists for both AMTA-CA and ABMP working together, S.B.421 died in the very final hours of the session due to opposition mostly by the California Chiropractic Association (CCA), and to a lesser degree, the Physical Therapy Association, over scope of practice issues.
During the most recent session, Senator Oropeza authored S.B.731, using the language from S.B.421, with AMTA-CA as the sponsoring organization. ABMP was in support and both groups worked very hard to address the concerns that defeated the prior bill. The CCA formally supported it after the massage associations agreed to remove the definition (scope of practice) of massage. Typically, title acts don't need definitions, unlike practice (license) acts, which regulate both the practice as defined and the titles used. S.B.731 also died in the final hours. Despite having the votes to pass, it got caught up in strange politics which caused numerous bills to be bundled and held back.
For the second year of this session, it looks like we can take a "gutted bill" - one that still is active, and insert our language. We have a powerful author and likely will co-sponsor with ABMP. If all goes well, it would be a bill that has passed the first house and is in the second committee of the second house (where S.B.731 stalled). It will have a new number this next year.
California is a very large and diverse state. With more than 200 schools teaching massage at all levels of training and vastly differing requirements throughout the state, the profession itself has unique regional needs and perspectives. The state is not very supportive of new state regulations. We feel this optional title act is a reasonable solution. Those who prefer to work under their local massage ordinances, or in areas having none, can continue to do so. The bill has tiers of 250 and 500 hours, with the lower tier phasing out after five years. Those certified by the board will be exempt from the need for local massage permits and cities must recognize them in zoning and fees as they do other professions. By doing so, massage therapists in California finally can avoid regulations prepared for vice control.
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