Some Points to Ponder
Marjorie Roberts, RN, MSHP

The bill’s introduction states "massage therapy is potentially dangerous ... and regulations are necessary to protect the public…" Is it wise to promote massage, an inherently safe therapy, as being dangerous? The professional liability insurance companies that issue policies to bodyworkers have seen so few claims that they offer amazingly low-cost coverage. "Will Green, President of the International Massage Association, said in testimony, "The insurance carrier we use to insure IMA members has covered over 50,000 massage professionals since 1984. The cost of liability insurance per $1,000,000 was $65 plus state tax in 1984. In 1998, the cost was only $32.50, half the 1984 cost. Had there been claims of damage other than general liability (tripping and falling), the cost would have risen, not been cut in half.""1 A major contributing factor in the massive growth of CAM therapies is the fact that they are intrinsically safe. Will it not harm our credibility by offering exaggerated representation? 1Bodywork Licensure Attempts at State Capitol – 1998 by Catherine Schluter, a massage therapist since 1984 and past President of the Minnesota Touch-Movement Network.

Licensure does not equate to professionalism. Having a license does not cause the public to view someone as a professional; your integrity, performance, and the results of your therapy do. In bygone days groups sought boards and licensure as a road to respectability and to be viewed as "professionals". Let’s not base our decisions on what the trend was 50 years ago. In this communication and technology age, the public is much more aware. Hearing aid dealers, auctioneers, security guards, and barbers have professional boards and are state-licensed in Georgia. Does that make them professionals? Some yes, some no – it depends on the individual.

Licensure is not the answer to differentiation between massage therapy and prostitution. Prostitution is a social issue and has no place in the debate concerning regulation of CAM modalities. To impose the unnecessary expenses of licensure, testing, CEU requirements and essentially sacrifice an innocent group to supposedly control those engaged in illegal activities is unethical law-making. A "massage parlor" can easily change its name and offer some other activity as cover. In Toronto, Ontario, where over 2000 hours of training in massage is required, the massage parlors now call themselves "Body Parlors" and continue to operate. Aren’t CAM practitioners taught to get at the root cause and not just treat the symptoms? Let’s practice what we preach and know to be true.

As the Georgia bill is written, there is an exemption for therapies such as Therapeutic Touch, reflexology, Reiki, etc. However, bills are amended and changed as they make their way through committees, subcommittees and hallway meetings. Will you be there to follow the bill all the way through during the three-month session to make sure those exemptions remain? Last year’s SB 249, the Mental Health Therapist Bill, was of concern to many hypnotherapists who felt it could be interpreted to restrict their ability to practice hypnotherapy. After much anti-SB249 activity by the hypnotherapists and assurances by the sponsor that the bill would not be pursued, it miraculously appeared as substitute HB 271. After its defeat as HB 271, it again magically appeared as an amendment on HB 814, all during the 40-day legislative session.

The Georgia bill calls for licensure separate from any other board. So did last year’s acupuncture bill before it was changed to put all non-MD acupuncturists under the total control of the Medical Board. The national trend is to dissolve boards because they are very expensive. Other less expensive and less invasive ways are available for regulation. Newly proposed licensure in Minnesota places the massage therapists under the Chiropractors. The Georgia bill also gives a lot of power to the board without defining many of the rules and regulations that they will be able to put in place without your input. Ponder, think, consider. Make decisions on facts not opinions. Make decisions based on current circumstances, not on what is, has always been or someone says it must be now.

This summer, HB 733 is being sent to the Georgia Occupational Regulation and Review Council (GORRC) where attempts will be made to justify licensure as being necessary to protect the public. It must first pass through this council of un-elected officials before it can be presented to the legislature next year.

According to the OCG, "In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered: 1) Whether the unregulated practice of an occupation may harm or endanger the health, safety and welfare of citizens of the State and whether the potential for harm is recognizable and not remote; 2) … 3) Whether the citizens of this State are or may be effectively protected by other means; and 4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the State.

I propose that the Freedom of Access legislation that CAMA is working on which mandates disclosures, disclaimers and a client’s bill of rights will effectively protect the public to the degree necessary without undue burden to the practitioner or the public. It is an inclusive bill that will reinforce the God-given right of each type of practitioner to offer their gifts, and each client the right to utilize the form of therapy which best correlates with their belief.

Full bill at - http://www.legis.state.ga.us/Legis/2001_02/fulltext/hb733.htm