American Massage Therapy Association^®

AMTA Believes Use of NCE in State Licensing is Legal

(Evanston, IL (March 21, 2006) -- Recently, the Federation of State Massage Therapy Boards (FSMTB) announced its opinion that use of the National Certification Exam (NCE) as a necessary component for state licensing may be an unconstitutional delegation of authority by the state to an independent third party.  As a result of the research and findings of the law firm of Mayer, Brown, Rowe & Maw, LLP, the American Massage Therapy Association (AMTA) is confident that state boards are legally within their rights to delegate administration of a massage exam as part of their licensing process. 

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.  As a non-profit association incorporated to serve our members and to advance the massage therapy profession, AMTA felt it was important to ensure that the structure of the profession and how states use the National Certification Exam in licensing are legal.  

AMTA also felt it needed to research legal rulings on the view expressed by the FSMTB, because the association has publicly stated support for the National Certification Exam and for the concept of a federation of state massage therapy boards.  Therefore, AMTA requested that a law firm with acknowledged expertise in constitutional law research case law to determine the accuracy of the FSMTB opinion. 

Among its many statements clarifying the point, Mayer, Brown, Rowe & Maw, LLP advised us that they found “…substantial authority upholding the incorporation of privately crafted examinations and accreditation standards into the licensing process.”  And, “… relevant constitutional cases and authorities strongly contradict” claims that it might be unconstitutional.  

AMTA has provided these findings to the FSMTB and to the National Certification Board for Therapeutic Massage & Bodywork; and it feels it is important to make these legal findings available to our members, as well as everyone in the massage therapy profession, and to those who contribute to it or influence it.  The summary report and legal citations supplied by the law firm are available online in PDF format.

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