resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Cold and Flu Season: Expanding the Repertoire
As we move into the winter months, it is important for clinicians to have a solid working knowledge of effective herbal protocols for treating and managing clinical cold and flu presentations.
Too Many to Remember: Tips to Revive Your Ortho / Neuro Test Skills
When I was at Palmer in the mid-1980s, we were given a set of notes in one of our diagnostic courses. The notes covered approximately 70 orthopedic and neurological tests for various regions of the body.
Designing a Fitness Plan (Part 1)
It doesn't matter if you come to my practice for pain relief, weight loss, healthy aging or something else. The formula I talk about for each patient's fitness strategy is pretty much the same.
Yo San University Receives $1 Million Gift
Long-time Yo San University supporter Thomas S. Blount recently gave a $1 million dollar gift to the University, it's largest charitable gift to date. Mr. Blount was a retired naval officer, aerospace consultant and philanthropist.
The 2015 Nobel Prize Shines a Spotlight on TCM Research
Traditional Chinese Medicine continues to make it's presence felt on the world stage as the 2015 Nobel Prize in Physiology or Medicine was jointly awarded to William C. Campbell and Satoshi Omura for their work on combating parasites and YouYou Tu for her discoveries in combating Malaria.
Breech Baby: A Scientific Approach
You learned a classic cookbook style treatment strategy in college for treating breech baby presentation. I'm sure you've used it. The main ingredient: moxa at Urinary Bladder 67.
Create Community and Grow Your Practice
Many healthcare providers are fortunate to enjoy the freedom and independence of owning their own businesses. However, the constant demands can lead to a lonely and isolating experience unless you make an effort to get out of your office.
When I started to think about what I wanted to do, I toured different schools to choose where to pursue my original chiropractic education.
F4CP Making a High-Impact Impression
The Foundation for Chiropractic Progress has released details of its 2016 strategy, certain elements of which are already in play. The strategy includes ads, posters and other resources available to all F4CP members.
Are You a Stakeholder?
In today's world many new things are occurring, especially in the world of information technology. With these changes, comes an entire new set of vocabulary words and definitions.
Targeting the Bad Apples in the Bunch
While everyone was focused on the conversion to ICD-10, the Office of Inspector General for Health and Human Services released a new report on chiropractic titled "CMS Should Use Targeted Tactics to Curb Questionable and Inappropriate Payments for Chiropractic Services."
Diagnose Sprain Injuries in MVA Cases With Dynamic X-Rays (Pt. 1)
Am I the only person to notice hospitals are doing a seemingly insufficient job lately in their initial radiological workup of motor vehicle accident (MVA) victims?
How to Market to the Medical Profession
The world of health care is changing dramatically. When situations occur that cause expenses to increase, it is time for you to develop strategies that maintain and grow revenue.
Tailor-Made Knee Pain: The Sartorius Muscle
A patient was referred to my office after receiving treatment from various providers with no results. The patient was training for the Olympics as a marathon runner and was unable to run or walk without severe medial knee pain.
Building Community: A New Way to Socialize Your Practice
Social Media can seem like a slippery slope when, in fact, it is fairly easy to understand. With social media platforms, you can connect with current and potential new clients, build strong customer loyalty and increase brand awareness.
Detoxification Demystified and the Crucifers that Help
"Let food be your medicine and medicine be your food," is a quote often attributed to Hippocrates, a philosopher of the 5th century BC.
Making Sense of an Increasingly Obvious Conclusion
Where's U.S. health care heading? Like it or not, the list of telltale signs is growing to a point that stands out to even the most myopic observer. Consider this list of facts as you look into the future of health care in the United States:
Born to Energize the Human Spirit: Recollections of Sig Miller
Sig Miller, longtime executive director of the Association of New Jersey Chiropractors (ANJC), passed away on Sept. 17 after a long battle with cancer.
The Concussion-Subluxation Complex
In the Aug. 1, 2014 issue of Dynamic Chiropractic, I reviewed some of the literature demonstrating the role of the chiropractic adjustment in post-concussive care.
Pro-Con: Swaddling for Newborns
The practice of swaddling has been used for thousands of years and was popular until the 1700s, when it was slowly abandoned by many cultures that considered it old-fashioned or barbaric.
August, 2011, Vol. 11, Issue 08
Protect Your Business: Certification & Permits
By Michael R. W. Houston, Esq.
The trend is clear — as massage therapy becomes more popular with consumers and health care professionals, more and more states are regulating massage therapy. Currently, legislation requiring massage therapy licensing or certification has been adopted or is pending in 43 states and the District of Columbia.1 Nearly two years ago, California adopted legislation providing for the voluntary certification of massage practitioners and massage therapists by the non-profit California Massage Therapy Council (CAMTC).Designed to enable consumers to easily identify credible massage therapists and ensure that certified massage therapists have sufficient training from approved schools, California's statewide standards and certification program has been a success, with more than 22,000 applications received and nearly 16,000 certifications approved by the CAMTC as of October 2010.2 For therapists, perhaps the most significant aspect of California's legislation is that it limits the type of restrictions that cities and counties can impose on certified therapists — a significant help to your business.
As a massage therapist or practitioner, you may have already received your state-level certification; a vote of confidence in your training, expertise and professionalism. However you might be unaware that many cities and counties also have laws affecting massage businesses that must be complied with, in addition to state requirements. For instance, you also must confirm that your preferred location is actually zoned for the use, and you might need to obtain a local business license and potentially, a use permit . Local zoning and permitting requirements should not be overlooked, because operating without proper local permits could lead to closure, assessment of fines and even criminal penalties. A business proceeds at its peril if it operates without first determining what local permits are required.
State And Local Regulations
Regulations for therapists vary by state, ranging from licensure to certification or registration. States also usually allow for local regulation of massage businesses. (In California, cities and counties may regulate massage businesses under California Government Code 51030. However, as discussed below, Senate Bill 731 limits the type of regulations that cities and counties can place on certified therapists.) Cities frequently handle business permits differently, creating unique local requirements under which owners of massage therapy businesses must operate.
Cities have broad power to restrict most types of businesses and might even entirely prohibit certain types of businesses. Historically, cities can heavily regulate businesses that have a tendency for criminal activity or social ills, such as bars, gaming establishments and "massage parlors." While licensed and certified massage businesses are usually good corporate citizens, cities usually have common (and often legitimate) concerns with respect to massage businesses (as they do for any other type of business), including:
Understand Permit Requirements
With that in mind, massage therapy businesses must adhere to local zoning and business licensing laws, while ensuring that a city does not take advantage by regulating them too strictly.
Therefore, as a business owner, you need to:
Do Your Homework — Investigate what city permits are needed before signing a lease or buying property. Importantly, don't take a city employee's word about local restrictions. Do the research yourself.
Get Your Permits — Obtain proper approvals before operating. In California, having state certification will facilitate this process. If you need help navigating the myriad of regulations, consider hiring an attorney. Look for a lawyer who specializes in land use and one who is familiar with both state and local requirements.
Know Your State Laws — Don't let the city "over-regulate" your business by making you get unnecessary permits. For example, in California, Senate Bill 731 (adopted in 2008) establishes a state massage therapist certification that, if obtained, protects business owners by prohibiting cities from imposing unique permit requirements on the practice of massage by certificate holders.3 (Cities can still heavily regulate non-certified businesses.) This means that if a massage therapy business is composed of fully certified massage therapists, California cities cannot impose additional permit requirements just because the business provides massage therapy.
Despite your rights in a state like California, prepare for the city to "push back" (either due to ignorance of state law or in hopes that you are ignorant of state law). Consider retaining legal counsel to help educate city officials about state law. A small investment on the front end may save you thousands of dollars on the back end by avoiding delays in opening your business.
Know Your Rights — Know how to respond if a city tries to close you down once you have opened the doors. A permit is a "property right" that a city cannot take from you without following certain rules.
More and more states are passing massage license or certification laws. Generally, such laws help legitimize massage therapy businesses by giving them credibility both with consumers and cities. However, it is unwise to overlook local business licensing and zoning laws. It is imperative that you research local massage therapy and business permit requirements. With the proper paperwork in place, you will be able to focus on your customers and your business.
Additional information can be found at:
Michael R.W. Houston is a partner at Cummins & White, LLP, a business and insurance law firm based in Newport Beach, Calif. Mr. Houston has a practice that involves advising private parties and public agencies on the nuances of developing property in California's complex regulatory environment. He has served as counsel to numerous public agencies and private parties in connection with processing permits for various types of businesses and projects.
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