Massachusetts
Laws &
Regulation
Update
The Long, Bumpy Road
in Massachusetts March
2004
As the final touches
were put on a massage-therapy bill to ready it for introduction
to the Massachusetts state legislature, possibly by mid-January,
members of the coalition that worked to revise the bill acknowledged
that the road to legislation has been long and bumpy.
The
first attempt to gain licensing took place in 1995, but was derailed
at the last minute by opposition from the American Physical Therapy
Association. In 1999, a second attempt at licensure was thwarted
by a lack of consensus within the massage-therapy industry.
Revisions
to the current bill, House Bill (HB) 3155, have been taking place
since March 2003, shortly after the bill was introduced independently
by Rep. Antonio Cabral of New Bedford.
Rush
said AMTA-MA reached out to bodyworkers throughout Massachusetts
to form a coalition for the revision of the bill. The coalition
included representatives of massage schools throughout Massachusetts,
the Associated Bodywork and Massage Professionals (ABMP), and members
of other non-massage bodywork associations.
However,
some coalition members have called the group effort less than equitable.
It
was not a coalition in the true sense of the word, said George
A. Rhoads, legislative representative for the Massachusetts chapter
of the American Organization for Bodywork Therapies of Asia (AOBTA).
It was the AMTAs hired lobbyist and attorney directing
traffic.
In
December, 10 months into the revision process, leadership of AMTA-MA
imposed a confidentiality agreement on anyone who wanted to view
the revised bill.
Anne Lynch, lobbyist
for AMTA-MA, said the confidentiality agreement was put in place
to protect against any misinformation until the final language of
the bill has been tacked down and voted on by the coalition members,
in a meeting that was scheduled to take place in January, past this
publications deadline.
The
basics of the proposed bill, prior to the final coalition meeting,
include the creation of a massage board under the division of professional
licensure; a 500-hour education requirement; passage of a national
exam for massage therapy; grandfathering language for current massage
therapists; reciprocity for massage therapists licensed in other
states; and an exemption clause.
However,
several members of the coalition told MASSAGE
Magazine that these terms were not agreeable, specifically the
education hours and exam requirement, and that they would fight
the bill if introduced as such.
Other
non-massage members of the coalition simply wanted out from under
the umbrella of proposed massage regulation.
The
proposed exemption clause would exclude practitioners of the following
modalities from regulation under the massage law: Feldenkrais Method®,
reflexology, Alexander Technique, Trager® work, polarity
therapy, Asian bodywork therapy, acupressure, Jin Shin Do, qigong,
shiatsu, body-mind centering and reiki.
What
is the impact of state regulation?
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