Texas passes crime law                                    December 2005
When the legislative session came to a close this summer in Texas, the state’s massage therapists had a new law governing their industry—but it wasn’t the one many massage professionals have been toiling for years to pass.

In July, Texas Gov. Rick Perry signed into law House Bill 2696, which sets new rules for massage practitioners and stiffens penalties for prostitution practiced under the guise of massage therapy. The legislation was introduced by Rep. Rafael Anchia (D-Dallas) as part of his Safe Neighborhoods package, a bundle of bills intended to crack down on crime.

The bill requires massage practitioners to be at least 18 years old and undergo a criminal-background check when applying for a massage-therapy license, prohibits practitioner nudity while giving a massage, and broadens police power to inspect massage studios. The bill also changes the term “registered massage therapist” to “licensed massage therapist.” The state's 20,500 currently registered massage therapists will automatically receive their licenses in the mail, although a licensing department official didn’t know when.

“It changes appearances, but there’s no educational changes to go along with the word change,” says Brooks Kasson, legislative chair of the Texas Association of Massage Therapists (TAMT).

Kasson says the TAMT supported the bill and worked closely with Anchia to ensure that it did not impose unreasonable rules. For example, she says, Anchia dropped a provision requiring that clients and all massage-practice employees be at least 18 years old, after massage therapists protested.

However, the bill the TAMT wanted to see pass was killed in committee. That bill, HB 1842, would have increased the required number of educational hours to become a massage therapist in Texas from 300 to 500. Bill supporters hoped to heighten the reputation and professionalism of the state’s massage industry by upping educational standards.

For two-and-a-half years, TAMT worked with the American Massage Therapy Association, the Texas Coalition of Massage Therapists and Instructors, and the Massage and Bodywork Educators Alliance to come up with a consensus on how to improve curriculum.

However, HB 1842 died in the Senate Health and Human Services Committee. Despite reaching an apparent consensus among interested parties, Kasson says, in the end, a lack of unified support for the bill led to its demise.

HB 2696, Kasson says, may help legitimize massage in Texas. However, she adds, it’s a crime-fighting law, and does nothing to improve skills and professionalism among massage therapists. “The impetus, the motivation of this bill was completely different from [HB] 1842,” she says.

Will therapists try again for new legislation when Texas legislators meet again in the fall of 2006? “I’m resting right now,” Kasson says.

— Laurel Chesky

Texas Storm Brewing                                     January 2005
Of the 33 states in which massage is regulated, Texas requires one of the lightest educational loads - just 250 hours, plus a 50-hour internship - to earn the title registered massage therapist (R.M.T.). But a consortium of industry insiders is working to make the curriculum more rigorous, or at least longer.

For the past two years, a coalition of stakeholders from the Texas Association of Massage Therapists (TAMT), the American Massage Therapy Association (AMTA), the Texas Coalition of Massage Therapists and Instructors and the Massage and Bodywork Educators Alliance, has been working to update Texas' massage-therapy curriculum. The current proposal calls for upping the required classroom hours to 500, including a 40-hour internship. Janine Ray, an Austin-based therapist, and the central Texas regional director for the TAMT, says that the coalition hopes to have a new law passed by the Texas legislature and in effect by September, although massage schools would have until 2007 to comply.

Ray stresses that the new law won't apply to currently registered therapists. "I know there are some fears out there," she says. Registered therapists would be grandfathered in under the old requirements. About 25,000 massage therapists are registered with the Texas Department of State Health Services.

Ray says that the coalition's impetus for changing the current curriculum is not related to health and safety; in fact, she says, Texas therapists have a good public-health record. The coalition's reasons, which are based on polling of the involved organizations' members, are varied, but a common theme arises: a perceived need to enhance the professionalism and legitimacy of the massage-therapy industry in Texas.

"There seems to be a high attrition rate in the state of Texas in massage therapy," Ray writes in an article posted on TAMT's Web site. "Why? It has been reported that client expectations can exceed training. Some therapists felt that they needed considerabl[y] more continuing education after graduation to be able to meet the needs of the general public, who are ever increasingly becoming aware that massage therapy can alleviate their ailments."

According to the TAMT, some therapists have also expressed a desire for mobility. Under current law, if a Texas massage therapist moved to a state that requires 500 hours, she would have to go back to school to fulfill that state's requirements. The proposed curriculum change would also allow schools and students to access federal financial aid, commonly known as Title IV funds. Under the proposed law, schools would be required to offer a minimum of 500 hours, but could increase their programs to 600 hours.

But not everyone agrees that the rules need changing. Doug Barhorst of Houston has practiced massage therapy for 32 years, and was the first continuing-education providers in the state. He says that more hours in the classroom do not necessarily translate to better technique. Therapists learn by doing, he says. And, he points out, massage therapists always have the option to continue their training beyond 300 hours if they choose. "In truth, the educational level has nothing to do with the quality of a massage," he says. "I can't find anybody to come up with a reason [to change the law] besides money."

Barhorst believes that Texas' large massage schools stand to gain the most from a change in law; Adding 200 hours to the curriculum means schools will potentially make more money off of each student. Barhorst is also concerned that the change would force smaller schools in rural communities, where massage instructors are hard to come by, out of business. If the industry wants to raise the level of professionalism and legitimacy of the trade, Barhorst says, it should improve the quality of training, not increase the quantity of classroom time.

Meanwhile, Brandon Klein, an admission advisor at Austin School of Massage, is concerned that the proposed lengthier curriculum and its associated expense will drive away potential massage therapists. "Why would you want to send someone to school for 200 more hours when it's not necessary?" he asks. "Is that better for the single mom who is trying to change her life, who wants to go into a profession so she can support her family?"

While concerns over the proposed curriculum abound, nothing is set in stone. The TAMT is asking Texas therapists and other industry professionals to weigh in on the changes before the legislative deadline in early March. Questions and comments can be directed to tlc@northaustinmassage.com, or visit www.texasmassagetherapists.com.
- Laurel Chesky