resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Betraying Patients and the Profession
Imagine flying from New York to Paris on a jumbo 747. Your thoughts are on your vacation and experiencing the City of Lights. Midway over the Atlantic Ocean, you overhear the flight attendants talking in muffled voices.
Putting Public Health Into Action: Thinking Globally, Acting Locally
The Chiropractic Health Care section of the American Public Health Association (APHA) met at the 141st APHA Annual Meeting and Exposition in Boston late last year, and it was another triumph for chiropractic and its public health advocates.
Embracing the Light
Four years, ago I was diagnosed with a labral tear in my hip that was excruciating and "required surgery" according to an orthopedic surgeon. I tried everything and although the symptoms had mostly abated, I had to give up Yoga practice and everything that could exacerbate the tear.
Acupuncture Ambassadors: A Chat with Leader Anthony M. Giovanniello, MSAc,LAc
When you first meet Anthony Giovanniello, you realize he's a humble practitioner, yet is bursting with a type of dedication that you can't help but be overwhelmingly inspired by.
Peer Points: Spreading The Word
Pedram Shojai describes his venture into Traditional Chinese Medicine as a journey led by various "mystical experiences." Shojai decided to change the course of his career when he looked deeper into the basics of TCM.
Gaining an Independent Occupational Code with the U.S. Bureau of Labor Statistics
One of the most important national activities currently taking place in relation to the development of the field of AOM profession is the Department of Labor's Bureau of Labor Statistics' (BLS) revision of the 2010 Standard Occupational Classification (SOC) system.
New Knee, New Pain (Part 2)
The patient presented to the chiropractic clinic with symptoms of genu varum and pain on the medial aspect of the tibiofemoral joint.
Using Facial and Scalp Acupuncture To Treat Neuromuscular Facial Conditions
As a practitioner and instructor of facial rejuvenation acupuncture I have gotten many calls over the past 10 years from individuals seeking help for various conditions affecting the facial muscles, nerves, and overall function of the face.
News in Brief
Parker Announces Executive Director of Parker Professional; Athletic TIPS Program Getting Financial Support; ANJC Award Recipients Named.
The Importance of Staying Focused
Our world is so full of over stimulation and constant information. We live in a fast paced, ever-changing society. If you seek you will receive.
The Urinary Bladder Official
The Bladder Official is known as the Official Who Controls the Storage of Water. In Western medical terms, this organ collects the urine excreted by the kidneys.
Look, Listen and Learn to Code
Study of the Current Procedural Terminology (CPT) Evaluation and Management (E&M) coding system can leave a doctor of chiropractic a bit confused. The description of the five new-patient and five established-patient examination codes takes up several pages in most coding books. The degree of detail and charts used to describe the codes can be overwhelming.
The Many Faces of Cervical Compression
When evaluating the neck, there are any number of orthopedic tests to be considered.
Gallop Confidently Into The New Year
Happy New Year! As you may know, this is the year of the Wooden Horse. I received a wonderful gift for Christmas. It is a beautiful glass sculpture of a horse, by Luili Gong Fong, a Chinese artist.
Preserving the Natural Resources and Culture of Chinese Herbal Medicine
As the world experiences unprecedented population growth and ever-increasing ecological pressures, the topic of preserving Chinese medicine's natural resources has attracted steadily increasing attention from practitioners.
The Deficiency Myth
If you went to the same kind of medical school I did and took the same kind of licensing exam I took, you were trained to seek out and expect to find primary deficiencies here in the U.S.
Common Disorders of the Temporomandibular Joint
The evaluation and management of craniofacial pain is a complex endeavor, which often encompasses the presence of temporomandibular joint disorders.
Climbing the Ladder of Opportunity (Part 1)
President Obama spoke of building "ladders of opportunity" in his State of the Union and Inauguration addresses.
Qigong to Empower Our Youth
Qigong is an ancient form of exercise and meditation used to promote longevity and health. This practice has traditionally been used by adults to balance the body through mindfulness, focused breathing and gentle movements.
We Get Letters & E-Mail
Let's Restore Integrity to Health Care – Starting With Us; MDs Offer More – So Can We.
Increased Breast Cancer Risk: Another Implication of High Cholesterol
In addition to being a known risk factor for heart and cardiovascular disease, recent studies have highlighted the link between high cholesterol and increased risk of breast cancer. Breast cancer is the second most common malignancy in women after skin cancer.
An Alternate Method For Choosing The Right Formula For Your Patients
A constant question for us in the clinic is when to make adjustments and when to stay the course. A patient comes in and says, "Things are the same as last week."
An Introduction to Evidence-Based Clinical Practice - Again
One of your patients is in for treatment and catches you off guard by asking you a question about a news article she recently read. It seems that a new intervention for back pain was found to reduce the rate of serious side effects by 50 percent.
Ask and You May Receive
A friend of my mother has had a problem with her ears for almost 20 years. Whenever the wind blows, it sends shooting pain through her jaw. She has seen any number of medical specialists over that time, but with no relief.
August, 2010, Vol. 10, Issue 08
The Fight for California
By Ramon G. McLeod, Editor-in-Chief
It looked like a done deal. An anti-prostitution law was moving quickly in the California legislature that would have dramatically changed the rules for massage therapists. Assembly Bill 1822 was clearly an assault on the profession, yet very little attention was being paid to it, which is exactly what its proponents expected.
Back in April, passage seemed assured. Who was going to speak out against something targeting human trafficking and prostitution? It was a slam dunk. An easy win.
But those who wanted this bill, which would have required massage therapists to seek in-person police investigation for work permits, hadn't counted on the mild-mannered Ahmos Netanel, executive director of the California Massage Therapy Council (CAMTC), or Mike Schroeder, one-time chairman of the California Republican Party and owner of American Massage Council, an insurance business for massage therapists.
Nor did they count on a massive outpouring of opposition from an awakened community that turned what could have been a disaster for massage therapy into what appears to be a come-from-behind victory for practitioners in the nation's most populous state.
Just under a year ago, California therapists worked under a hodgepodge system that required therapists to be approved by local police departments before they were given a permit to work in a specific community. This meant that if they had clients in different jurisdictions, they had to obtain approvals from each locality individually.
After years of lobby by the community, and most particularly, the California Chapter of the American Massage Therapy Association, Senate Bill 731 was enacted to rationalize the system. A statewide certification board was created, the CAMTC, which was charged with the task of verifying criminal and educational backgrounds before a permit to work was issued. With this certificate, a therapist can legally work anywhere in the state. Local police approval was no longer necessary as all applicants were to be screened based on criminal records provided by the state Department of Justice.
Seemingly out of nowhere, in early 2010, the California Police Chiefs Association (CPCA), led by the group's president, San Mateo Police Chief Susan Mannheimer, began to forcefully lobby for massive "reform" to SB 731.
At the core of what would become AB 1822 was a return to local police vetting of applicants. The CAMTC would continue to exist, but it would essentially become a rubberstamp for the applications approved by local authorities. The real authority would be re-invested in local police departments. The chiefs association went to Assemblyman Sandre Swanson (D-Alameda) to get him to sponsor the bill. As part of their pitch to him, the chief's association argued that the CAMTC didn't have the resources to handle thousands of applicants for state certificates. Furthermore, the association cited a "random/regional sample" of CAMTC applicants in San Mateo city and regions around the city conducted by the chief's association had found that 89 percent of these applicants were prostitutes or had questionable backgrounds. The implication was clear: massive numbers of prostitutes were filing applications to the CAMTC, an organization incapable of handling the work.
In a letter to Swanson, Manheimer wrote: "The specter of the CAMTC, with their limited resources, successfully screening out illegal operators and Human Trafficking victims is completely unrealistic. Additionally, CAMTC is not suited or situated to investigate, deny, suspend, or revoke those who are operating outside the law."
That set off the firestorm.
The Flame Thrower
While Mike Schroeder has a long history in both state and national politics, including a well-earned reputation for feistiness, in recent years he's been very much under the radar as a political force in massage.
"Typically, I don't function on a political level as it relates to the practice of massage," he said. "My role has been to construct a low-cost malpractice insurance program for massage therapists nationally."
Chairman of the California Republican Party in the late 90s, and vice-chairman of the national party during that same period, Schroeder said he has a 24-year history with the profession and was enraged by both the content and the implications of AB 1822.
"When Swanson and the police chiefs suggested that 89 percent were prostitutes, well that was simply a blatant lie," he said.
He said, the police chiefs association, and in particular the group's president, San Mateo Police Chief Susan Mannheimer, were "hoping they'd get away with this ... with leaving the impression that most massage therapists are prostitutes.
"They didn't think they were going to get called on it," he said. "They (the police chiefs association) wanted their turf back, simple as that ... But they've had 50 years to cleanup human trafficking and haven't been able to do so.
"The (current) system now is far more effective in stopping actual prostitutes. They can't 'shop' for jurisdictions with lax permitting and claim to be certified," he said. "And it prevents legitimate massage therapists from being treated like prostitutes and going from city to city to prove that they aren't ... we weren't going to go back to that."
The Quiet One
Those who know Ahmos Netanel use words like "thorough", "gracious" and "professional", but rarely does one hear him called "bulldog".
But during the battle over AB 1822, Netanel came forward with devastating documentation and used careful lobbying to help turn the political tide against the proposed law.
Netanel and Schroeder both realized that the critical element that had conviced Swanson to bring out the bill was the strong support of the California Police Chiefs Association and that groups' survey claim that 89 percent of CAMTC applicants were prostitutes or of unknown backgrounds.
But no where did the police group offer up any evidence that CAMTC had allowed any criminals to actually get through their screening process, which after all, is what matters.
And that's what Netanel seized upon. And then he turned the tables on the CPCA. Netanel produced Council data showing that it was police departments allowing criminals to pass background checks, not the Council.
"The CAMTC has never approved anyone who was not already approved through the DOJ (Department of Justice)," said Netanel. Then he produced a devastating bit of evidence: "CAMTC has rejected 3,424 applicants, who had passed 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."
In late April, as publicity over the proposed law began emerging, the scattered opposition to it began to coalesce. The American Massage Therapy Association, California Chapter, came out in formal opposition to the bill. The ACLU followed suit: "While we support effective efforts to curb human trafficking and child prostitution, we do not believe that requiring massage therapists to complete background checks by local law enforcement - rather than a statewide organization - will combat trafficking. Instead, bad actors seeking to avoid detection will operate further underground to avoid subjecting themselves or the girls and women they are trafficking to increased scrutiny by local law enforcement."
But the key to what would lead to a major gutting of the most onerous provisions of the bill was a massive letter writing campaign. Urged by Massage Today, the heart of the campaign was an email form addressed to all the members of a key committee about to hear the bill. Within 48 hours of the form's posting committee members received more than 2,000 emails in opposition to members of the key committee that was about to hear the bill.
Swanson backed off his support of the original language in the bill and by the time a vote was taken by the Assembly Appropriations Committee in late May, the bill had been massively amended. The bill's language regarding local certification of individual massage therapists was removed. It also calls for the addition of two law enforcement members to the CAMTC including a Police Chiefs Association position and a Sheriffs Association position, and includes an added section to strengthen enforcement against illegal operators of massage businesses.
The CAMTC is looking for additional improvements, but Netanel said, "we are pleased with the direction it has taken." Schroeder, reflecting back on the course the bill has taken said he "felt pretty strongly that the profession would rise up. I was convinced that the minute we spoke out it would react exactly as it did. "I hope now that there will be a little more reluctance to attack this profession," he said. "They thought we would be a total pushover and couldn't exercise any power ... they were wrong about that."
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