resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
An Excerpt from TCM Case Studies: Pediatrics
This excerpt is reprinted with permission from Jamie Wu. TCM Case Studies: Pediatrics was released in 2014 by People's Medical Publishing House.
The Dietary Supplement Research Dilemma
I do not care what the truth is, one way or another; I just want to know it. And when it comes to dietary supplements, the truth can be hard to find for a number of reasons.
A Well-Kept Secret: 5 Element Acupuncture, Part II
Supervising acupuncture interns at a TCM college, it has always struck me how funny it is to hear the clinic manager tell the patients that the Five Element clinic specializes in treating emotions, as if patients with physical pain have no emotions!
The Need for a New Medical Model: A Challenge for Biopsychosocial and Ecopsychologica Medicine
Chinese medicine speaks of alignment between humans, heaven and earth. It is a complex view with a focus upon relationship. These are comprehensive ideas with no specific terms in contemporary medical practice.
Synergy Doesn't Happen in Silos: Acupuncture in Hospitals and Other Healthcare Settings
As acupuncture and traditional East Asian medicine continue to intersect and integrate with biomedical approaches, the conversation about integration expands and becomes richer.
Converting More Patients to Your Practice
In 2013 and 2014, the theme was "the money is in the list." This meant that if you had a big email list, you were really making some "cha-ching." Unfortunately, having thousands of emails doesn't equate to thousands of dollars in profit.
Treating Beyond Pain
More often than not, when a patient presents to the office, it is for a pain complaint. Headache, neck pain, low back pain, sciatica, carpal tunnel... The pain is often the focus of the patient's mindset, and they don't often have any thought of what comes after the pain.
There Really is No Room for Sexism
Recently, Matteo* (a transgender male) approached me during a break in an advanced shiatsu class in Berlin where he was one of two men in a group of 20 women. "Pamela. Don't forget to remind the translator to include male endings."
Functional Hip Impingement (Part 1)
Every time I sit down to write an article, I realize how much more there is to know about musculoskeletal pain. I also learn something new every time. (I want to give special thanks to Lucy Whyte Ferguson for assisting with this article.)
Term Limits: What's in a Word?
It was the French historian and philosopher Voltaire who once declared the Holy Roman Empire was neither holy nor Roman nor an empire.
Optimism = Compassion = Trust
A randomized clinical trial recently published online in JAMA Oncology examined how patients viewed their doctor based upon how the practitioner presented bad news to the patient.
TCM Congress in Rothenburg is Largest in Western World
In the medieval town of Rothenburg, deep set within the Bavarian countryside in Southern Germany, the TCM Kongress Rothenburg each year draws around 1.200 participants from more than 40 different countries to attend the biggest TCM conference in the Western world.
Applying the Thin Skull Principle
The "thin skull" principle, also known as the "you take your victim as you find them" principle, is a legal principle that can be summed up by the following statement.
Sleep, Less Sleep or No Sleep?
I had a dream I wasn't getting enough sleep. It was a very realistic dream, even though I was probably slightly awake and not really deep dreaming. Most likely I had been dozing, caught in that twilight of sleep and wakefulness.
Talking to Patients About Lumbar Facet Denervation (Medial Branch Neurotomy)
Lumbar facet denervation, more appropriately termed medial branch neurotomy (MBN), is a procedure that may be considered when patients suffer from recalcitrant non-radicular axial back and/or leg pain.
The Way We Are Designed: A Conversation with Gil Hedley, PhD
I was first introduced to the work of Gil Hedley by Tom DiFerdinando. He gifted me Gil's DVD series.
Will You Be an Amplifer or a Mute?
These times are changing, and changing quickly. There have been many challenges to this profession throughout the past few years. The challenge is to talk, then talk and talk some more about this medicine.
A House Divided?
The American Chiropractic Association's House of Delegates voted on 30 resolutions at its annual business meeting in Washington D.C., but two in particular took immediate center stage due to their controversial nature.
Recreational Cannabis Use and TCM
Many people are drawn to cannabis for its effects physically, mentally and emotionally. Medically, cannabis has some legitimate uses, however the scope of this article is limited to the recreational use of cannabis.
A View From the ER
The University of Western States has inked an innovative agreement with local nonprofit health system Legacy Health whereby UWS sports-medicine fellows can experience observational clinical rotations in emergency-room settings within the Legacy system.
Turning a Blind Eye to History – and Reality
The American Medical Association is taking the Supreme Court's Feb. 25, 2015 decision exactly as it always does – by turning a blind eye to history, legal precedent and reality.
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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