resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
News in Brief
While indignation may be your immediate reaction to H.R. 5780, the Protecting the Integrity of Medicare Act of 2014, the American Chiropractic Association suggests the legislation is just what the chiropractic profession needs.
Professionalism and Evidence-Based Health Care
Today's chiropractors are facing a conundrum with the Affordable Care Act and its health care reform requirements, including evidence-based practice and health technology assessment.
The Static Postural Pelvic Exam
I include a static postural analysis in my evaluation routine whether you are a patient in pain or an elite-sport athlete in training. In my day-to-day practice, I require patients to stand still while I "just look" at them.
Show Up and Show Respect
I was recently asked about my chiropractic philosophy. My answer surprised my questioner.
Environmental Toxins: Cause of Modern Illness, Part 2
In Part I of this article, we detailed the variety of environmental toxins assaulting our bodies. These include pesticides and herbicides; plastics; preservatives; cosmetics; gasoline additives, solvents and glues; and heavy metals.
Three for One: The Cervical Distraction Test
Taking the time to do an exam is important, but it is time spent. The exam serves as a way to physically validate your clinical impression following a history and clinical consultation.
Animal Acupuncture Gaining in Popularity
We have just finished the year of the fire hoarse and now it is time to spend some time alone, daydreaming and thinking outside the box in terms of where our profession is headed. The sheep person is well organized and creative so this should not be difficult to do.
I Felt it in My Fingers First
I'm not afraid to say it. Massage therapists make better acupuncturists. I'll tell you how I know, but first I have a question: What do a microcurrent device, a laser and a hippie massage therapist have in common?
Trouble Down Under: San Zhen Therapy for Lower Jiao Issues
In the last several columns, I have discussed many clinical options for utilizing San Zhen or Three Needle Therapy. In this installment, I will continue this trend and discuss several foundational patterns which can be found in several very common clinical presentations.
Age and Fertility: Why We Should Worry Less About Age and More About Overall Health
Recently, on one of the acupuncture alumni forums, the topic of age and fertility came up when a practitioner posted a question regarding a patient that was about to turn 40-years-old.
Taking the Freeze Out of Adhesive Capsulitis
Adhesive capsulitis or "frozen shoulder" is a relatively common condition resulting in severe shoulder pain and global loss of glenohumeral joint range of motion. Incidence of the condition is approximately 3 percent in the general population.
Two for One: The Cervical Distraction Test
In today's healthcare system, diagnoses and treatment plans follow a western medical model - especially if you work with attorneys or insurance companies.
Fight Colorectal Cancer With Folic Acid
CRC is the second most common cause of cancer mortality in the U.S. and Canada. Although genetic susceptibility plays a role in the etiology of CRC, dietary factors, including certain vitamins, have also been shown to influence the development of the disease in various studies.
Happy New Year 2015 Gong Hoy Fat Choi
Welcome to the year of the sheep! We begin a new year guided by the sign of a quietly and creatively organized animal.
Acupuncture and its Place in the Integrative Healthcare Practice: The Need to Move from Modality to Profession
Acupuncture and oriental medicine (AOM) has grown and flourished from its inception thousands of years ago in China. In surrounding regions of Asia, AOM developed as a response to differing cultural, pathological, health and wellness care needs.
Movement Assessments: The DC's Sphygmomanometer
I think back to when I was going through chiropractic school outpatient clinic. I was embarrassed to have my family and friends come in for treatment because initial evaluations took three hours to complete.
Chiropractic Research in Review
Occupational LBP in Primary- and High-School Teachers; Treating MVA Complications With Chiropractic Care; Neck Pain: Immediate Effects of Active Scapular Correction; Taping Benefits Stride, Step Length in Fatigued Runners.
The Way of Zen Performance Enhancement
Working with elite athletes and implementing various techniques to keep athletes focused and at their optimal performance for a sustained period of time includes incorporating various meditation techniques that counterbalance their sport-specific physical and mental demands, which is an important element of success throughout the years.
The App Advantage: Get More for Less
You may have noticed the list of "app-exclusive" articles in the directory on the front page of the print issue and in the Table of Contents on page 4. You can't find these articles in print or even in our online archives.
The Conscious Evolution of Healing: Importance of Opening the Sensory Portals in Classical Chinese Medicine
The Chinese medical classics are not just clinical guides. They give advice; ways we can awaken more fully into conscious awareness.
We Get Letters & Email
Rethinking Our Approach to Immunization; Coming Together for the Good of Our Patients.
How to Use Online Video as a Tool to Market Your Practice
Health care practitioners, including chiropractors, should consider online videos as a key element of their Internet marketing strategy. In the next three years, videos are expected to account for nearly 70 percent of all consumer online traffic, according to Cisco.
Ringing in the Billing New Year
What are the new modifiers that replace modifier 59? Will they allow doctors of chiropractic to be paid for 97140, manual therapy, when done with chiropractic manipulation?
AWB Makes a Difference in the Yucatan
We are in the sleepy town of Izamal, located about an hour from the Merida airport where our group arrived last night. Later that morning, on a bus winding through the dusty roads of the Yucatan, fourteen acupuncturists, two facilitators from AWB and two tour guides make their way to the small rustic town of Popola.
Helping to Create the Healthiest Generation
The imperative to create the "Healthiest Generation by 2030," envisioned by the American Public Health Association (APHA), was in full force at the APHA's 142nd Annual Meeting held in New Orleans from November 15-19, 2014.
Right Back Where We Started?
More than 25 years after Judge Susan Getzendanner issued her historic opinion in the Wilk v AMA anti-trust case, evidence suggests that despite increasing collaboration between doctors of chiropractic and their allopathic medical counterparts, when it comes to organized medicine, we may be right back where we started.
April 29, 2010
Opponents Call Backers of Law Targeting Massage Therapists "Liars"
Assembly Member Swanson Accused of Slandering the Massage Profession
By Christie Bondurant
Opponents of a proposed anti-prostitution law that requires "in-person" police investigations of California massage therapists accuse its author, State Assembly Member Sandré Swanson, of slandering "the entire profession" and have called the data used to justify it an "outrageous lie."
Swanson (D-Alameda) has failed to respond to repeated requests from Massage Today to discuss both Assembly Bill 1822 and a survey used to justify the bill that asserts that 89 percent of applicants for therapist certifications are either prostitutes or of "questionable backgrounds."
"Assembly Member Swanson's claim that 89 percent of massage applicants are prostitutes or of questionable character slanders the entire profession," said Mike Schroeder, a board member of the California Massage Therapy Council (CAMTC). The Council is charged with issuing certifications to therapists under a two-year-old law.
"He knows that his claim is false and he should apologize to the entire profession," Schroeder said.
After Massage Today's initial conversations that began on April 21 with Swanson's office, where staffers indicated a willingness to setup an interview with the assemblyman, Swanson's office failed to setup an interview or to even return e-mails. As a result, Massage Today was unable to obtain Swanson's comments for this story.
Effect and Cause
If passed, AB 1822 effectively neuters a two-year-old massage certification law that placed certification in the hands of a state board, the CAMTC.
That law (Senate Bill 731) created the Council and gave it authority to conduct both professional and criminal background checks prior to issuing statewide certifications to work anywhere in California. Considered a major reform measure, SB 731 was enacted because it was clear that the old system, which required therapists to get work approvals in every jurisdiction where they had clients, was both onerous and ineffective in preventing criminals from operating "massage" facilities.
Swanson voted in favor of the reform.
But the law he is now proposing essentially returns California to the old system and gives local police the real power to issue work permits to practitioners. In order to legally practice, applicants would be required to present themselves in-person to the local agency where they will be doing business, regardless of whether or not they have become certified by the CAMTC.
While Swanson has ignored interview requests, a letter he wrote supporting his bill offers up this justification for it: ". . . (T)he need for this urgency is a recent random sampling of CAMTC applicants, which concluded that 57 percent of the applicants were known prostitutes and 32 percent had questionable backgrounds that required additional investigation," Swanson wrote.
This statement strongly implies that the new state board has failed in its duty to weed out undesirables from operating illegal prostitution and human trafficking schemes, yet to date, neither Swanson, nor the organization that produced the data, the California Police Chiefs Association, has provided anything beyond a sampling of "applicants."
Thus far, the only public statement alleging that CAMTC has let undesirables obtain authorization to work has come from a lobbyist for the Police Chiefs Association, John Lovell, who told Massage Today that there have been "several hundred certificants with past convictions."
This contention was strongly denied by CAMTC executive director, Ahmos Netanel, who said that Council data shows that police departments are the ones who have allowed criminals to pass background checks, not the Council.
Under the current state law (SB 731), criminal history checks are conducted at both the state and federal levels prior to the Council issuing certification, Netanel said.
"The CAMTC has never approved anyone who was not already approved through the DOJ (Department of Justice)," said Netanel.
Netanel also stated in a document calling for opposition to the bill: "CAMTC has rejected 3,424 applicants, who had passed (emphasis added) background checks by local law enforcement, but when checked through CAMTC's process did not pass muster. In fact, so far 346 of those already approved locally were found to have criminal backgrounds and denied the statewide certification."
Schroeder called the statistics used to support the bill, "An outrageous lie they told about the profession. They knew it was a lie when they said it. And I believe every member should call his (Swanson's) office and demand an explanation as to why they've slandered the profession."
The CAMTC believes that this bill, if passed, will put back in place a system that didn't work. "AB 1822 is bringing back the old broken system," Netanel said.
"The reason why the old system didn't work is because it was run on the local level. If (a criminal doesn't) qualify with one city they'll just go to the next city until they do. California will become the haven for human trafficking."
Some CAMTC board members have called AB 1822 a mere "turf bill" posing as an anti-prostitution law that is based on a thinly sourced survey -- leaving many in the massage community questioning its origin and the motives behind it.
Schroeder, who believes the survey was used as a false means to gain support of the bill, said: "This is a pure turf bill where some police chiefs want their turf back."
Claims From a Survey
The key data being cited as justification for the bill is a "random/regional sample" survey of CAMTC applicants in San Mateo city and regions around the city. This survey, compiled by the Police Chiefs Association, claimed that 89 percent of these applicants were prostitutes or had questionable backgrounds.
When Massage Today asked to view this data used to produce this survey, Lovell stated that it was based on a summary of sensitive information that he could not supply.
When asked to see the collected data that was shared with Swanson for the composition of this bill, Lovell stated that it was in a letter sent to Swanson proposing AB 1822, and to contact his office for it.
Lovell went on to say that the Police Chiefs Association requested applicant information from police departments statewide and learned of ". . . a number of convicted (persons) who were certified."
When asked to provide this data, he stated that he was unable to provide an exact number due to the "secretive" behavior of the CAMTC.
Although CAMTC provides a secure law enforcement login to verify certification, Lovell said that the board has been uncooperative in helping them determine the percentage of applicants with criminal backgrounds who have gained certification.
Regardless of this, Lovell stated that from the data compiled so far, they were able to determine "several hundred certificants with past convictions."
When asked to see this data, Lovell stated that the data is incomplete and that not all police departments in the state have submitted their information.
Another Police Perspective
Richard McElroy, CAMTC board member and a former police officer who investigated illegal massage parlors for more than 25 years, states that the CAMTC's review process is superior to all past methods of vetting massage professionals.
McElroy, who also wrote the Los Angeles Police Department's manual that is used to abate massage brothels stated in documents opposed to the bill:
"The following are the reasons why (CAMTC's) review and investigative process is superior to all past methods of vetting massage professions:
Claims of Uncooperative Behavior
Out of frustration with the CAMTC's "secretive" and "uncooperative" behavior, Lovell, who was also the past lobbyist for SB 731, stated: "The bill is going to pass. SB 731 sunsets in 2016. And if in 2016, we are in the same mess we have now with the exclusionary behavior by the board, we will conclude that this is a failed experiment."
In response to Lovell's claims of the CAMTC behaving uncooperatively, Beverly May, CAMTC chair, shared some of her history in working with the Police Chiefs Association. She stated: "When creating SB 731, I chose Lovell because of his relationship with the Police Chiefs Association."
When May (San Mateo County resident) heard of San Mateo police considering the repeal of SB 731, she contacted Mike Callagy, deputy police chief to setup a meeting to discuss the issue. According to May, Callagy stated to her at their meeting that they were on the same side.
"I felt very comfortable with our meeting until October when I asked to meet with both Mike and John (Lovell) and was denied. I was completely shut out." She went on, "After my attempts, they never contacted me or reached out and went to find an author (for AB 1822) against Oropeza's (author of SB 731) wishes."
AB 1822 recently passed the Business, Professionals and Consumer Protection Committee (see Massage Today article) and is currently sitting in the Assembly Appropriations Committee waiting to be discussed within the next couple of weeks.
For a list of the Appropriations Committees' phone numbers and emails, go to www.assembly.ca.gov.
To contact Assembly Member Sandre Swanson's capitol office call (916) 319-2016 or email him at , or contact his legislative consultant Opio Dupree .
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