resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Make Every Day Mother's Day
May is a special month for many reasons. After a long, harsh winter, spring is at last in full swing. Memorial Day helps us honor those who have fought and fallen in the name of freedom.
Integrating Art with Clinical Practice for Patients with PTSD: The Artemis Project
Are you restricted by those one-on-one clinic dynamics? Why not join colleagues and clients in experimental group settings? Three of us volunteered to do just that in Austin on behalf of women veteranss from all branches of the service.
If Your Pro-Chiropractic Governor Resigned, Would You Be Prepared?
John Kitzhaber, MD, recently re-elected to a historic fourth term as Oregon governor, has resigned among alleged ethics violations by his fiancée' and first lady, Cylvia Hayes. I developed a personal friendship with John and consider him a good friend.
The Challenges of Integrating Eastern and Western Medicine
My Masters thesis was titled, "The Challenges of Integrating Eastern and Western Medicine," which highlighted several reasons why it is hard for these two worlds to mix.
News in Brief
Dr. Frank Nicchi Receives Award at ACC-RAC; Sherman College Expands International Influence.
Teach Your Patients About External Healing Applications
Since the skin is the body's largest organ, and is able to respond to both internal and external stimulations, communicate sensations to the brain, protect the body, breathe and even excrete toxins, it can be an excellent source of healing.
The Acupuncturist's Problem
I want share with you some observations and insights into what seems to be the most common problem my colleagues in the acupuncture profession struggles with. If you also struggle with this problem, I hope you get a valuable "aha" moment from reading this.
5 Simple Steps to Create an Effective Marketing Calendar
In the educational experience of most healthcare practitioners, business and marketing are overlooked topics.
Trouble in the Wellness Waters?
Call me old-fashioned, paranoid or just old, but I do remember graduating from chiropractic college in the late '70s in the midst of the Wilk v AMA lawsuit.
Apple Takes a Bite Out of Research
The more than 700 million iPhone users have just been given the opportunity to "do their part to advance medical research."
Applauding a Legacy of Leadership
Founding Palmer West President, John Miller, DC, HCD (Hon.), FICA (Hon.), a 1954 graduate of Palmer College of Chiropractic, passed away March 8, 2015 at age 83.
How Much Do You Know About the Benefits of Birds Nest?
Edible bird's nest is the nest made by the Swiftlet bird of Southeast Asia that is usually prepared as a soup and prized in Chinese culture as a healthful delicacy.
Animal Acupuncture: A Case Study in the Treatment of Traumatic Injury in the Equine
The rise of animal acupuncture in the U.S. began in the early 1970's as a result of the work by members of the National Acupuncture Association in Westwood, Calif.
Medicine is Clumsy, Don't You Be
All medical systems have clumsiness in them. If the technique isn't, the practitioner is. Everyone in every form of medicine is striving to improve. That is why we call it practice.
The Tide is Rising in the Acupuncture Profession
Former President Ronald Regan said, "When the tide rises all boats float." The tide is rising for the acupuncture profession. Many forces outside the profession are helping the tides to rise.
PCOM Granted Regional Accreditation
Pacific College of Oriental Medicine (PCOM) recently announce it has received regional accreditation from the Western Association of Schools and Colleges (WASC). This achievement reflects five years of hard work on the part of faculty, staff, and students.
Talking to Patients About Medial Branch Neurotomy (Part 2)
Even when lumbar facet denervation (medial branch neurotomy) is successful, relief is rarely complete or permanent. Smuck, et al., reviewed 16 articles and found the average duration of >50 percent pain relief for an initial procedure was nine months.
Functional Impingement of the Hip (Part 2): Rehab Exercises
I find functionally impinged hips that don't move properly on so many of my patients. (See part 1 of this article for a description of the condition.)
Marijuana, Apathy and Chinese Medicine, Part 1
This article was written in response to the unheeded acceptance of marijuana as a harmless substance that potentially does good when used for the medical relief of pain.
July 18, 2011
Suspect schools File Lawsuit, Then "Slapped" by the Court
There have been new developments in the California battle between human traffickers and the California Massage Therapy Council (CAMTC), the state established certification agency for massage therapists.The CAMTC is leading a pioneering effort to shut down schools that sell or provide fraudulent massage school transcripts. In a test case closely monitored by massage industry insiders, three massage schools that had their transcripts disallowed by CAMTC, turned around and sued the CAMTC for damages in Los Angeles Superior Court. The judge hearing the matter dismissed all three suits and fined the three schools $18,000.
The CAMTC has been in the forefront of the battle against human trafficking. In order to force women into the sex trade, human traffickers need a transcript showing that each woman received between 250 to 500 hours of education from an accredited massage school. The transcripts are then used to get a CAMTC certificate or police permit, which is required to work in illegitimate massage parlors.
The CAMTC has used a good deal of its limited resources in investigating schools to determine whether or not the transcripts being sold reflect the hours that were actually attended. In many cases, the CAMTC's undercover investigators posing as prostitutes were able to simply buy fraudulent transcripts from illegitimate schools.
To date, the CAMTC has taken action with respect 36 schools, refusing to accept their transcripts as proof that education actually was received. Here is a list of these schools:
This battle took a new turn when three such schools, the Oriental Medicine Institute of America, Royal Irvin College and East-West Institute of Hand Therapy, simultaneously launched broad-based litigation against CAMTC, alleging that CAMTC's refusal to accept transcripts from these schools was not proper. All three schools were represented by attorney Peter Beirne.
Usually, legal battles such as these can stretch on for years and the cost alone can force investigative agencies to back down. In this case, the legal challenge to CAMTC was crushed very quickly with the innovative use of a whistle blower protection statute.
Michael Schroeder, an attorney and CAMTC Board Member, who was overseeing the litigation would not comment on the specifics of the investigations of these three schools.
He explained that California, like many states, has a SLAPP (Strategic Lawsuits Against Public Policy) statute. This statute allows for anyone who is sued for exercising their First Amendment rights to file a SLAPP motion. When a SLAPP motion is filed, the person who filed the lawsuit is required to show, more likely than not, that they are going to win the litigation. If the suing party is unable to do so, the lawsuit is dismissed and the person who filed the lawsuit must pay the defendant's legal fees.
"In this case," said Schroeder, "CAMTC spoke about this important public matter by posting the names of the colleges on the website. These colleges sued. What happened in these suits would set a precedent for all of our efforts to protect the public and to protect women from exploitation.
"We had a great team on this matter. CAMTC Chair, Beverly May, our attorney, David Long, the insurance company, Axis Pro, all agreed on the strategy to employ the SLAPP statute at the onset of this case," Schroeder said.
The result of this aggressive and innovative strategy was that the three colleges' lawsuits were dismissed and the colleges were required to pay $18,000 in damages to CAMTC. Schroeder said, "We have now collected those sums. I think that this will have a significant effect on protecting the public from unscrupulous schools. Anything we can do to cut down on the number of false or fraudulent transcripts being sold will be a positive benefit."
While Schroeder would not speak specifically as to the actions of these three schools, Massage Today's review of the legal pleadings filed in the matter sheds a good deal of light into what occurred. In a declaration filed by Schroeder in the litigation, he pointed out that these schools had also been suspended by the National Certification Board for the Therapeutic Massage Body Work ("NCBTMB"). "NCBTMB suspended OMIA due to apparent use of fraudulent or fictitious information in order to give the appearance of legitimacy." The declaration goes on to state that the "CAMTC has become aware of problems with transcripts from certain massage schools being sold as a part of conduct in human trafficking."
Massage Today will continue to monitor events relating to the human trafficking battle occurring in California and other states.
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