National Exam Legal, Says AMTA

The American Massage Therapy Association (AMTA) has declared the National Certification Exam of Therapeutic Massage and Bodywork (NCBTMB) legally defensible, after another organization questioned its constitutionality.

In October 2005, the Federation of State Massage Boards (FSMTB), through its legal counsel, stated that it might be illegal to name the NCETMB in state massage statutes, as it could construe unlawful delegation of authority to a private entity. (See “National Certification Exam in Legal Spotlight,” January.)

Part of the mission of the FSMTB, which formed in 2005, is to determine if there is need for a new national examination.

On March 21 AMTA released a statement that it had retained the legal services of Mayer, Brown, Rowe & Maw, LLC, to examine the issue, and that it was satisfied that it was legal for the exam to be used as a requirement of state licensure.

“The [AMTA] is confident that state boards are legally within their rights to delegate administration of a massage exam as part of their licencing process,” stated an AMTA press release.

“If the opinion expressed by the FSMTB was found to be defensible, the practices of massage therapists in many states could be affected. Massage therapists need to know that massage licensing and legislative activities are legal and won’t negatively affect their practice,” the release also stated.

The law firm retained by AMTA countered the argument of FSMTB lawyer Dale Atkinson. It concludes: “It is our opinion that incorporation by state legislatures of independently maintained standards set by private entities need not constitute delegation of state authority or raise any of the concerns set forth in the Atkinson memorandum.”

At press time the FSMTB did not have comment about the AMTA position, but FSMTB president Patty Glenn said that the organization’s board of directors planned to discuss it in an upcoming conference call.