resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Finders Keepers: The Secret to Relationship-Based Marketing
Becoming a successful practitioner has less to do with what you learned in school, and more to do with your ability to find new patients and keep them!
Billing for Same-Visit Extraspinal and Spinal Manipulation
Q: I have always been under the premise that when billing 98943, extraspinal chiropractic manipulation, on the same visit as spinal manipulation, 98940-98942, that the extraspinal manipulation requires modifier 51.
Peer Points: Always Seeking To Grow
Ellen "Kiki" Geary has spent the last decade honing her craft. As a specialist in integrative holistic care, she went straight from completing her master's degree in acupuncture and chinese herbal medicine from Bastyr University to building a successful and thriving practice in the small community of Anacortes, Washington.
Are Your Work Orders in Order?
There are times when a patient's occupational duties will delay or prevent them from recovering. These circumstances create the need for the doctor to recommend modified duty or remove the patient from work.
The Art of Day-to-Day Assessment and Treatment: Clinical Pearls
Let's focus on the day-to-day process of assessing and treating the patient. I am proposing a particular attitude; a way of looking at the patient. This often evolves over a few treatments and then changes as you figure out what is significant.
Overcoming Barriers to Exercise Compliance
One of the most common questions other practitioners ask me is, "How do I get patients to do their exercises?" I am not frustrated by my patient compliance, as many doctors are; in fact, I am actually happy with my patients' involvement and commitment.
Image Is Everything: The Power of Branding
Successful businesses use color and design to attract people to their service. They understand how important image is and hire experts to create an attractive package. Starbucks works hard to create an atmosphere that is warm and inviting.
A Dream Come True for Chiropractic: Funding Prevention and Public Health
Back in 2005, Sen. Tom Harkin (D-Iowa) said: "Let's face it, in America today we don't have a health care system, we have a sick care system.
News in Brief
Major Organizations Announce Joint Conference; Fighting for Section 2706; New Vice President of Chiro. Program at Parker; Two Families, One Chiropractic Dynasty.
The Wisdom of the Second Office Location (SOL)
There are some things I never want to do again, like riding a motorcycle 100 mph. I call these things my "negative bucket list." Other things I have on that list include water skiing, riding a roller coaster and eating habanero peppers.
Medical Qigong for the Heart: Part III
Part 1 and Part II of this series focused on the physical aspect of the Heart and mental emotional aspects of the Heart respectively. Now, I would like to focus on the spiritual aspect of the Heart.
A Chinese Medicine Story: An Interview with Mazin Al-Khafaji
Mazin Al-Khafaji's work has interested me for years. In February 2014, we invited him for the second time to speak at the Southwest Symposium in Austin, Texas.
State by State: Comparing Chiropractic Scope of Practice
"The issue of 'scope of practice' has been a bugaboo ever since our early quests for legal recognition for chiropractic," according to Dr. Claire Johnson, editor in chief of JMPT and National's other two chiropractic journals.
Love a Nurse – and They'll Love You Back
According to various sources, there are about 3 million registered nurses in the U.S., and according to the American Nurses Association, they are under serious pressure in today's health care reality.
Building From the Bottom Up
I caught up with my dear friend Honora Wolfe, in her Colorado painting studio where, if she is not praying in Bhutan or doing charitable work in a Nepali free clinic, she spends most of her time now.
We Get Letters & E-Mail
Not All Evidence Is Equal; An Abundance of Misinformation; A Well-Researched Decision; Far Too Dangerous.
A Guide for Talking to Doctors about Acupuncture and Brain Chemistry
Before I begin any discussion of how to talk about the effects of acupuncture on brain chemistry, nervous and endocrine function, it is essential to understand just what physicians most need help with.
Defending With Vitamin D: Helps Prevent Progression to Diabetes
A 2014 clinical trial published in the American Journal of Clinical Nutrition provides additional evidence that optimal vitamin D nutritional status may be important in preventing the progression of prediabetes to diabetes in prediabetic adults.
New Medical Technologies You Need to Know
We're all familiar with how fast computers become obsolete, as well as the rapid pace of development in the field of cell phone technology. The latest smart phones are far more powerful than desktop computers were only a few years ago.
A History Worth Telling
The popularity and the use of acupuncture for the treatment of animals in the United States is at its peak.
Is the EHR Ship Setting Sail Without Us?
The numbers are in: As of July 2014, 10,253 doctors of chiropractic have received $123,059,868 in EHR stimulus funds – and yet that represents less than 15 percent of our profession.
Women's Health: Herbal Formulas to Help Patients With Dysmenorrhea
Chiropractors have long treated women for menstrual pain (dysmenorrhea). Since roughly 60 percent of all chiropractic patients are women and 30-50 percent of women have a history of menstrual cramps, the vast majority of doctors of chiropractic will inevitably see patients with dysmenorrhea.
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.
Join the conversation
Comments are encouraged, but you must follow our User Agreementcomments powered by Disqus
Keep it civil and stay on topic. No profanity, vulgar, racist or hateful comments or personal attacks. Anyone who chooses to exercise poor judgement will be blocked. By posting your comment, you agree to allow MPA Media the right to republish your name and comment in additional MPA Media publications without any notification or payment.