The Massage Pundit

For over a year now, the National Certification Board of Therapeutic Massage & Bodywork has been working quietly behind the scenes to eradicate massage schools—or rather, diploma mills—that have been handing out fraudulent transcripts and diplomas, lacking any operating authority, and committing a host of other ethics violations. Since June of 2009, 11 schools have had their school code suspended, three have been revoked, and one school voluntarily withdrew their code after being notified that they were suspended.

To clarify the meaning of these actions, a school must have an assigned code in order for their students to sit for an examination offered by the NCBTMB. 39 states currently accept those exams, and they are often utilized by therapists in unregulated states who want to set themselves apart as professionals. No school code means no students from those schools will be able to take the NCB exams. California, where this investigation was concentrated, currently has voluntary registration for massage therapists, and is in fact in the middle of further turmoil because of AB 1822, a proposed massage bill that treats therapists little better than prostitutes. Even though the investigation and subsequently revoked and suspended schools are located in California, the implications are far-reaching, including my state of North Carolina.

Our Board noticed months ago that a high number of applicants for licensure were coming out of two schools in particular, one in California (the East-West School, which has had their code suspended pending further investigation) and one in New York. The applicants first attracted attention because they have all had the same address. In one instance in North Carolina, an applicant from one of the suspect schools was denied a license based on his criminal record. When he appeared to appeal that decision, we discovered he could speak no English. His daughter translated for him, and stated that they had immigrated to America based on the promise that they could go to massage school, get out quickly, and start making a lot of money. I actually feel sorry for these people, because the unscrupulous schools are just taking advantage of people who don’t know any better. It’s a sad situation for the students who paid money in good faith that they were going to get a real education in massage therapy.

While the NCBTMB has in the past revoked certification of individuals found guilty of ethics violations, this is their first widespread effort to put a stop to schools operating in an unethical manner.

Paul Lindamood, CEO of the NCB, gave me the following statement about the NCBTMB’s school compliance program:

NCBTMB is in a unique position with its vantage point on massage in America. Because we monitor, approve or exchange critical data at many touch points of the profession, we are at the nexus of a great deal of information flowing to and from our certification specialists. This gives us the ability to get an overall snapshot of the profession in specific areas relevant to schools, students, educational methods, curriculum, test dynamics, metrics, practitioner activity, etc.

About a year ago, members of our school outreach, compliance, eligibility and ethics departments identified the emergence of some alarming developments when overlaying and studying school data. Specifically, we began to spot ways in which individual schools were giving the appearance of impropriety through inconsistent and unreliable data, irregularities or shortfalls in curriculum standards, falsification of application information and the appearance of fraudulent activities sufficient to cast doubt on the legitimacy of these schools or institutions.

With this knowledge, NCBTMB board and staff recognized the need to immediately create a standardized, legally sound process that would allow us to identify, investigate, sanction or revoke suspected schools that could not pass muster, and thereby prohibit them from being able to have their graduates test via National Certification Exams. The program was developed and received board approval at the beginning of this year. Since then, school investigations have been ongoing via our compliance and ethics departments, and sanctions and revocations have been issued and communicated to the schools, state boards and pertinent law enforcement.

In addition, in the states and surrounding regions where these schools exist, we have made authorities aware of school code suspensions as well. This includes local law enforcement, regulatory agencies, state massage boards and attorneys general. Currently, we are working closely with law enforcement officials and state board representatives on investigations in several states, sharing both intelligence and resources.

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It’s that time of the year again: Election time at the American Massage Therapy Association. For the second year, voting is online. I encourage all members to exercise their right to pick your leaders. In fact, let’s change that from “encourage” to “beg.” Last year’s showing on the election was less than ideal–a lot less. Imagine an organization that has well over 50,000 members, and then imagine that only the people who were at the national convention voted. Yep, that’s about it–somewhere in the vicinity of 1800 people.  Some of that can be attributed to the fact that it was the first year voting was offered online. Some of it can be attributed to complacency or feeling like your vote won’t make any difference and that’s just wrong. It will make a difference.

AMTA is the only member-driven non-profit massage therapy association. We have state chapters and the leadership of those chapters is voted in (and out) by the membership. The same with the national association. As is my usual habit, if I don’t personally know the candidates, I of course read their candidate statements and almost always contact the ones I don’t know in person, if I don’t get enough out of their candidate statement and/or recommendations from my friends in the organization who do know them. And I want them to know me; that’s why I call them. I want the officers to know who I am and what I want to see happen for the organization. I want to know who to pat on the back and who to complain to.

I have the same attitude with AMTA elections that I have with the government elections: if you don’t vote, don’t complain.  This is your opportunity to pick the people who are going to be leading the organization, so make use of it. Here are my picks for this year:

President-Elect: Cynthia Ribeiro. Cynthia Ribeiro is a member of the CA Chapter. She has an impressive education and the necessary skill set for being an effective leader. It’s my desire to see the minimum standards for massage therapy raised, and Cynthia is a great example of someone who exceeds the minimum by hundreds of hours. She also shares one of my pet agendas–advancing the profession through research. She’s a member since 1987 and has been volunteering at the national level since 1997. Cynthia is Nationally Certified in Therapeutic Massage & Bodywork and is an Approved Provider under the NCBTMB. She’s the owner of the Western Institute of Neuromuscular Massage Therapy in Laguna Hills, CA. I met Cynthia last year when she taught a class at our annual meeting. She gets my vote.

Vice-President: Nancy M. Porambo. Nancy is a member of the PA Chapter and is the owner of The Therapy Option in Jim Thorpe, PA. She’s Nationally Certified in Therapeutic Massage & Bodywork and is an Approved Provider of Continuing Education under the NCBTMB. She has been an active volunteer on both her state and the national level. Nancy really hit the floor running…she won her Chapter’s Meritorious Award in 1995, just two years after becoming Nationally Certified.  She also has a Master’s in Clinical Health Psychology. I think every ache and pain in the body has an emotional component; wise choice on her part to pursue that. I’ve met Nancy twice when she taught at our chapter’s meetings and in fact had the opportunity to talk with her at our annual meeting last weekend. Nancy gets my vote.

Board of Directors Member-at-Large: Ed Sansbury, Joan Nichols, and Kathie Lea. Ed Sansbury is the Immediate Past President of the North Carolina Chapter. I won’t support him on that account; I’ll support him because he is an individual with an abundance of integrity, energy, and the desire to do the right thing, always. Ed has been a tireless worker for our chapter and he will do the same at the national level. Ed has expertise in the field of government relations and that is a big deal to me. He has a practice in Raleigh, NC. He gets my vote.

Ditto for Joan Nichols of the Georgia Chapter. Joan shares my belief that research is the key to propelling our profession forward. She is Nationally Certified in Therapeutic Massage & Bodywork and has a practice in Stockbridge, GA. She has been a volunteer on the state and national level and is currently the Immediate Past President of the GA Chapter. She brings experience and leadership qualities to the job. Joan is a supporter of advanced education and credentialing. I met Joan when I taught a class for the GA Chapter last year. She gets my vote.

Kathie Lea is the 1st VP of the Louisiana Chapter. She is Nationally Certified in Therapeutic Massage & Bodywork. Kathie has been a member of AMTA since 1988 and National Member-at-Large since 2004. Normally I’m all for new blood. However, I don’t like to see an experience deficit…I definitely think one or two “old hands” is a good thing. She served as the LA Chapter President 2000-2002 and participated in the process of bringing licensure to her state. Kathy is committed to her own continuing education and has studied with many of the best teachers in the business. I like therapists who think we need to keep on learning, no matter how much we think we may know. She gets my vote.

Commission on Candidacy: Christopher Deery. Christopher is the Immediate Past President of the OK Chapter. He’s part of a dynamic duo–his wife Xerlan Geiser-Deery is the current Chapter President. I’m happy to say both of them are friends of mine and they both bend over backwards for AMTA. He possesses leadership qualities himself and therefore knows what it takes to do the job. He gets my vote.

There you go. Whether you vote with me or not, please vote.  The right to elect our leadership is one of the perks of being a member. Take advantage of that and just do it.  All the candidate biographies can be seen here.

Yesterday when I posted A Few Steps Forward, A Few Steps Back, I wasn’t counting on having to back up and punt, but unfortunately I have to do so in the form of a correction. A few months ago, when I started reporting on the zoning ordinance in Chicago, I had been checking their legislative updates and apparently looking in the wrong place.

This morning, two Chicago therapists have contacted me to let me know that the dreaded zoning ordinance, which was tabled in May, slid into home plate on June 9th in a move that blindsided everyone. Apparently it has also escaped AMTA’s and ABMP’s attention, as their legislative updates don’t mention it, either–two places I often look for verification when it comes to checking on what’s coming down the legislative pike.

Title 17 of the Municipal Code of the City of Chicago was amended to prohibit massage establishments from the same areas zoned for business that hairdressers, barbershops, and nail salons are allowed to be in. Why have we been singled out in this manner, and honest hard-working massage therapists relegated to areas zoned for heavy commercial and industrial use? Are hairdressers and nail technicians more moral and law-abiding than most massage therapists?

This is pathetic. This zoning change was sponsored by Ray Suarez, Alderman in the 31st Ward, and the vote was 30-8 in favor of the ordinance, with 11 members not voting. You can read the list here.

It is my fondest hope that EVERY massage therapist in the city of Chicago checks to see how your Alderman voted, and vote them right on out. Contact them to express your extreme displeasure at the way they are discriminating against massage therapists and let them now you’ll be expressing that when they need your support.

The massage profession has made a few good strides lately–and taken a few hard hits, as well. On the “moving forward” side, the wake-up call to the therapists in California over Bill 1822 was answered when more than 2000 therapists e-mailed their legislators in less than 48 hours, causing the bill to be favorably amended. The same happened in Cook County, IL a few months ago when therapists protested loudly about a detrimental zoning proposition that would have limited massage therapists to practicing in areas zoned for heavy industry and taverns. I’m glad people in the massage community are finally rising to the occasion. Complacency is not a good thing.

On the “moving backward” front last week, Delaware’s proposed action to do away with tiered licensing and raise the standard to 500 hours across the board was vetoed, in spite of the fact that the plan included a three-year grandfathering period for bringing everyone up to snuff. In the past month, we’ve also had to deal with the Al Gore controversy, the nincompoops on The View giving massage a bad name, and the unfortunate circumstances leading to the demise of one of the providers of liability insurance to massage therapists.

Like any other industry or profession, we have our share of problems. I think the key is to keep on plugging away until we have regulation in every state, and have educated every member of the public to what massage therapy is really all about.  In spite of the fact that massage has been documented in cave drawings and in the pyramids, we’re far from the point of being able to rest on our laurels.

A number of our state regulatory boards are still in their youth, and are too busy dealing with the business of getting established to conduct effective public education campaigns.  And it’s not just the general public who has to be educated, it’s the legislators. While our professional associations all have government relations representatives, they can’t go everywhere and they can’t be everywhere at one time. There’s only a few of them, but there’s 250,000 or so of us. It’s up to us. The call to action in CA and IL and the subsequent outcry is the proof that enough therapists rising up can stop detrimental legislation in its tracks.

A lot of therapists are oblivious to what goes on in their own state, and that’s a shame. Board meetings are open to the public. In addition, when any proposed law is anywhere is on the horizon, there is a public comment period and we all need to take advantage of the opportunity to express an opinion.

I’m into social networking, and whenever the Al Gore and The View incidents happened, there were literally thousands of comments posted from therapists everywhere in response on FB, Twitter, and LinkedIn. If that same number of therapists would contact their legislators to educate them about therapeutic massage and tell them how they feel when something that is unfair or not in the best interests of the profession is coming down the pike, we could put an end to detrimental legislation altogether. It’s time for moving forward. There’s no room to move back.

PA SB 1227 is a legislative action intended to thwart human trafficking, and once again, massage parlors are at the top of the hit list. According to a number of different human interest and political action websites, Pennsylvania is notorious as a center of human trafficking. PA is on the interstate corridor between New York and Ohio, and is also a popular detour on the New Jersey to Florida route, all viewed as major trafficking centers.

What SB1227 does:  Requires the posting of the National Human Trafficking Resource Center hotline by entities where victims are most likely to see it. In “massage establishments and spas,” along with other businesses such as hotels/motels, nail salons, truck stops, taverns and strip clubs, the notice containing the hotline information must be posted on the doors of the bathroom stalls or on the inside door of the bathroom.

Human trafficking is a very serious matter. Victims are used for forced labor, subject to rape and other physical violence and physical and psychological torture. Prostitution is the most popular form of forced labor. None of us would wish it on anyone.

I certainly do not object to the intent to stop the human suffering that is behind the bill. What I find sad is that massage is associated with this blight on humanity, and that this law will not differentiate the legitimate massage establishments and spas from the brothels. Every establishment will be required to post the human trafficking signs, and failure to do so will result in a civil penalty. So not only will the therapists in PA need to post the sign, but they should also be prepared to have the inspector/police/gestapo or whomever is going to enforce that come into their place of business to be sure it’s properly displayed. It perpetuates the myth that we’re all doing something illegal. I would be mortified if a few clients were sitting in my lobby and the police walked in and announced that they were investigating human trafficking and wanted to inspect my business. Talk about making a good impression…

I don’t think there is any chance of this bill being stopped; it looks like the majority of legislators in PA are signed on as not only supporters but actual sponsors. And as federal laws have been a miserable failure at stopping human trafficking, you can expect more and more states to enact their own bills on it. So get ready, the police may be visiting your office soon.

Last week I attended the first annual gathering of the Alliance for Massage Therapy Education, which took place at the Grand Summit at the Canyon Ranch in Park City, UT. It was an excellent gathering, and I hope it’s a good indicator of things to come.

Rick Rosen, Executive Director, opened the meeting.  Tom Myers gave the keynote speech, and conducted a workshop for continuing ed providers. He is an effervescent and entertaining speaker. We also heard from Jan Schwartz, representing ACCAHC; Les Sweeney of ABMP, Neal Delaporta of the NCBTMB, Kate Henrouille of COMTA, and Kathy Jensen of the FSMTB.

Friday began with discussion groups and brainstorming for “Visioning the Alliance.” Friday night, we all boarded gondolas for a ride up the mountain to the Red Pine Lodge for an excellent meal. There was still snow hanging around. The view from the gondola was awesome. Saturday, workshops included an offering on the MTBOK, and a class for school owners on increasing enrollment. I personally attended a great class by Cherie Sohnen-Moe on Ethics in Education.

Saturday was also the day for seating the first Board of Directors. Ralph Stephens, Mark Beck, and Cherie Sohnen-Moe were seated. The other 4 members are the AFMTE’s original leadership team, and include Pete Whitridge, Iris Burman, Stan Dawson, and Su Bibik.  There were a few rumbles about that, as the leadership team also acted as the nominating committee for the first election. Rosen stated that it was being handled in a transparent manner, and that as a new start-up organization, it was not without precedent and was done for continuity’s sake. Diana Thompson, immediate past president of the Massage Therapy Foundation, stood up and agreed that it was an acceptable practice for a first board as long as it was handled in a transparent manner. A nominating committee was also chosen for the next election.

All in all, it was an excellent meeting. I particularly enjoyed meeting Jan Schwartz and Mark Beck in person, hanging out with Sally Hacking, Christopher Alvardo and Angela Palmier, the folks from the NCB, meeting friends from NC and far and wide, and in general had a good time, in spite of the fact that I got a dreadful case of altitude sickness.

The Alliance is an independent organization that was started last year in an effort to provide information and advocacy for schools, instructors, and CE providers. Industry supporters are also welcome to join. I encourage all schools, teachers, and CE providers to become members. The AFMTE is all about the advocacy and advancement of education, and will depend on the involvement of educators to meet those goals. Visit their website for more information.

The ruckus over CA AB 1822 is not yet over, though it has taken what CAMTC CEO Ahmos Netanel describes as a more positive approach than the bill as it was originally introduced. The CAMTC has still not spoken in favor of the bill, which would have virtually crippled the CAMTC and turned massage regulation back over to the localities.

Although much of the offensive language has been removed in the amended version of the bill, I am personally still offended that the proposed new rules call for two new CAMTC members, to be appointed by the Police Chief’s Association and the Sheriff’s Association. In other words, the Massage Police.

Does the medical association have such a requirement? I don’t think so. Does the chiropractic association, the nursing board, or the cosmetology board have such a requirement? Nope; just us hard-working professional massage therapists.

I don’t think it’s fair for us to be singled out in this manner.

AB 1822 went through this amendment process because of the huge outcry from massage therapists and industry supporters. I suggest that we need to keep on screaming until they get the message loud and clear: We are not prostitutes. We should not be subjected to a different set of rules that other boards and commissions are not bound to follow. It’s demeaning and it implies that they’re just lying in wait for us to screw up, no pun intended.

I hope that the CAMTC will continue to withhold their support of this bill, even in its amended form, and that the rank and file will rally again and insist that they do not have to have the Massage Police breathing down their neck by demanding seats on the council.

Any and all public boards and commissions that are created for the credentialing of professionals and protection of the public should have the expectation of a good working relationship with law enforcement, and when they are all required to have law enforcement actually sitting on their boards, I’ll support them sitting on the CAMTC. Until then, I can’t be in support of this prejudicial requirement, and I hope the CAMTC refuses to support it as well.

Peace & Prosperity,

Laura Allen

I seem to be preaching this sermon all the time, about being informed and involved in the governance of massage therapy. I’m constantly amazed at the number of massage therapists who are unconcerned about what’s going on in their own state or locale with massage regulation. There seems to be a pervasive attitude that if you ignore it, it isn’t really happening. Wrong!

Keith Eric Grant, who has been blogging about the political scene in massage many years before I started, sent me his latest post yesterday about the things that are happening in California.

California has made some good strides ahead, and that could go up in a puff of smoke if you don’t stand up and make your voice heard. AB 1822 could destroy that progress with the stroke of a pen.

There is legislation afoot in New York and Arkansas, and I’m sure that’s not all; they’re just two that are on my radar at the moment. A couple of my recent blogs were about the potentially disastrous zoning proposals being considered in Chicago. I am happy to report that due to the diligence of the IL Chapter of AMTA in spreading the word all over the Internet and mobilizing the troops to come and protest this action have resulted in it being stopped, at least for the time being, while further consideration is given.

Keeping your head in the sand because you don’t care about politics is a bad move. When you receive a letter telling you that you have to move your massage practice because your area has been rezoned to prohibit the practice of massage there, or informing you that you need to report to the police department so you can be treated like a prostitute that’s just been busted, it will be too late for you to protest. You had better protest before it happens.

I see a small group of therapists who give a flip. The same group of us are always the ones who exhibit any concern. The fact that WE care is not good enough. There is strength in numbers, and legislators have to listen when enough people stand up and holler. YOU have to care.

You have to take a minute or two out of your day to call your legislators. Take a few hours and attend the Board meetings, the legislature,  or the town council meetings where these things are being discussed. Write a letter, make a call. If you don’t take any action, you shouldn’t be surprised when something comes out of left field and you suddenly find out that your ability to practice massage isn’t what you thought it would be. I’m trying to give you a wake-up call. Don’t wait until you get one from the massage gestapo.

Laura Allen

Today’s the day (Monday, April 12) that the Zoning Committee in Chicago is voting on an ordinance to require that massage establishments only be allowed in areas that are zoned B-3, which means limited to industrial use, heavy commercial use, and taverns.

This amendment was introduced by Alderman Ray Suarez, who feels that by prohibiting massage therapists from operating in retail areas and neighborhoods, that he is somehow fighting prostitution.  His heart may be in the right place, but this misguided notion will not accomplish anything except to penalize legitimate massage therapists.

The Zoning Committee meets this morning at 10:30 am, Chicago City Hall, Room 201-A, LaSalle St, and every massage therapist in town needs to be there! April 14, this will go for a full vote. If you can’t attend the meeting in person, call your alderman.

If this ordinance passes, you may find yourself in the position of being forced to move your massage practice to some seedy area you’d rather not be in. Don’t be silent about this.

Peace & Prosperity,

Laura Allen