Date received by Delegate: 12/14/10
Name of Originator: Ann Blair Kennedy
AMTA ID#:91404
Phone: 864-923-4456
Email: abkamta@thekennedys.us
Name of Originator: MK Brennan
AMTA ID#: 18311
Phone: 704-537-3832
Email: mkb1153@aol.com
Name of Delegate: Kevin Lynch
Phone: 864- 325-8510
Email: tarzan50@peoplepc.com
BACKGROUND INFORMATION
Most of the states in the U.S. regulate massage therapy. As of 2010, 43 U.S. states and the District of Columbia had state-wide regulation in place. States without some form of massage therapy regulation were Alaska, Idaho, Kansas, Minnesota, Oklahoma, Vermont, and Wyoming.1 Within the regulated states, however, education requirements vary widely from 300 hours (lower tier requirement in Delaware) to 1000 hours (Nebraska and New York) of initial education,2 so regulation itself does not reflect a common standard across the nation for massage therapy. The American Massage Therapy Association very clearly advocates for consistent regulation of massage therapy as evidenced by the following statements on its website:
- Legal recognition of the practice of massage therapy and clearly-stated requirements to practice are essential to promote the profession and protect the health, safety and welfare of the general public.
- Legal recognition of massage therapy in the form of state licensure creates standards of minimum competency. Competency is measured and enforced through formal education, training, and examination requirements.
- Legal recognition of massage therapy ensures that individuals have met the eligibility requirements needed to practice massage therapy and that they are qualified to represent themselves to the public as state licensed massage therapists.
- By providing a legal definition of the scope of massage therapy practice, professional licensure helps consumers identify the responsibilities and services unique to a massage therapist. It allows consumers to select the most appropriate massage therapy professional for their needs and brings the benefit of open access to the selection process.
- Legal recognition of massage therapy through licensure enables a state or jurisdiction to discipline a massage therapist. States do not have the ability to regulate a profession that is not formally recognized in statute. Professional licensure laws enhance public safety by enforcing disciplinary actions against non-compliant practitioners.
- Legal recognition of massage therapy through licensure protects the public in other ways as well. It establishes a consistent standard of practice which is enforceable by a professional code of ethics. In addition, it establishes a formal grievance process for consumers that helps prevent unethical and/or non-compliant massage therapists from continuing to practice.3
Additionally, AMTA has included ‘must haves’ and ‘should haves’ for regulatory bills in policy that indicate an establishment of standards in the interest of fair regulation and portability including the following points (the following was taken from the AMTA website):
- In order for the association (national or chapter) to support massage therapy legislation, the following content and practice conditions are must have elements of a baseline practice act:
- At least the minimum scope of practice for massage based on a definition of those massage procedures which are observable by the common person (i.e. the physical action of the therapist touching the client is observable.)
- A licensure qualification requiring successful completion of a professional course of study consisting of at least five hundred hours of in-class, supervised education authenticated by a single education provider, with content well distributed in the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice.
- A licensure qualification that requires passing an examination that has met national accreditation standards and which is administered by a recognized body independent of the education provider, with content that covers the subjects in a professional course of study, as described above.
- The association advises chapters that the following content and practice conditions are should have elements of a baseline practice act:
- A means of recognizing, for the purpose of licensure, a valid license held by a practitioner that has been granted by another state government.
- Waiver of education and examination provisions for any practitioner seeking licensure who can establish that their occupational practice began by the date the legislation is passed. 4
The Federation of State Massage Therapy Boards (FSMTB) also supports the concept of portability. On their web site, the following is listed as one of the ways the Federation shall carry out its mission: “Support efforts among Member Boards to establish compatible requirements and cooperative procedures for the legal regulation of massage therapists, in order to facilitate professional mobility and to simplify and standardize the licensing process.”4
While portability may not be a reality for many professions regulated through licensure or other state recognized credentialing, many support portability and strive to make it a reality for their constituents. These other professions that support portability of licensure include but not limited to: physicians5, nurses6, realtors7, teachers8, and counselors9.
RATIONALE
If massage therapy licensure requirements were consistent and credentials were then portable, massage therapists would much more easily be able to move across state lines and continue to practice.
The position statement supports all of AMTA Core Values:
- We are a diverse and nurturing community working with integrity, respect and dignity.
- We are a nonprofit member-driven organization of ethical professionals.
- We embrace consistency in education.
- We endorse professional standards.
- We believe in the benefits of massage.
The position statement supports following portions of the Vision Statement of the AMTA:
- AMTA members are devoted to professionalism and excellence in massage therapy practice.
- AMTA supports its members in expanding their knowledge through quality education.
- AMTA embodies the spirit of community in support of its members.
- AMTA promotes its members as the highest quality professionals in massage therapy.
- Massage therapy is easily accessible.
The position statement supports following Goals and Objectives from the Strategic Plan of the AMTA:
PROFESSIONAL COMPETENCY
Goal: Support high standards in massage therapy education.
Objective: Expand massage therapy education that elevates the professional competency of our members.
INDUSTRY RELATIONSHIPS
Goal: AMTA is a respected leader within the health care and wellness industry.
Objective: Increase collaboration between AMTA, its members and other health care and wellness industry leaders.
GOVERNMENT RELATIONS
Goal: AMTA works for effective licensing both to ensure the right to practice of massage therapists and to protect the public.
Objective: To establish portability of massage practice throughout the United States and its territories.
COMMUNITY
Goal: AMTA members experience a sense of community.
Objective: Increase opportunities for members to feel connected to AMTA nationally and locally.
Through the establishment of fair and consistent massage therapy regulation in all U.S. states, the public can be assured that standards have been set and individuals practicing massage therapy will be held to those standards. For therapists, moving from one state to another and being able to legally practice is facilitated when the regulatory standards are consistent across the country.
POSITION STATEMENT
It is the position of the American Massage Therapy Association that there should be fair and consistent licensing of massage therapy in all states that can lead to portability of practice.
REFERENCES
1. Occupational Outlook Handbook, 2010-11 Edition: Massage Therapy (n.d.). Retrieved January 14, 2010, from United States Department of Labor: Bureau of Labor Statistics website: www.bls.gov/oco/ocos295.htm
2. State Board Administering Massage Practice Laws (n.d.). Retrieved January 14, 2010, from the American Massage Therapy Association website: www.amtamassage.org/government/state_laws.html
3. Why We Need Massage Therapy Regulations (n.d.). Retrieved January 14, 2010, from the American Massage Therapy Association web site: www.amtamassage.org/government/mt_regulations.html
4. AMTA Government Relations Overview (n.d.) Retrieved March 16, 2010, from the American Massage Therapy Association website: http://www.amtamassage.org/government/gr_overview.html
5. About FSMTB (n.d.). Retrieved January 20, 2010, from the Federation of State Massage Therapy Boards website: http://www.fsmtb.org/about.html.
6. Porter, R.E. MD, Angelo, P., Barrett, G.C. MD, David, E. MD, JD, Lightfoot, W.M. MD (n.d.). Federation of State Medical Boards: Report of the Special Committee on License Portability. Retrieved January 20, 2010, from the Federation of State Medical Boards website: http://www.fsmb.org/pdf/2002_grpol_license_portability.pdf.
7. Glazer, G. PhD, RN, FAAN. (1999). Legislative: Legislative and Policy Issues Related to Interstate Practice. The Online Journal of Issues in Nursing. Retrieved January 21, 2010, from The Nursing World website: http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/Columns/Legislative/InterstatePracticeStateBill.aspx.
8. About Us: Mission and Goals. (n.d.). Retrieved January 21, 2010, from the Association of Real Estate License Law Officials website: https://www.arello.org/about/#mission.
9. National Education Association: 2009-2010 NEA RESOLUTIONS (n.d.). Retrieved January 21, 2010, from the National Education Association website: http://www.nea.org/assets/docs/resolutions2009-2010.pdf
10. Rollins, J. (2007). 20/20 delegates start reaching consensus. Retrieved January 21, 2010, from the American Counseling Association website: http://www.counseling.org/Publications/CounselingTodayArticles.aspx?AGuid=325d2403-e63e-4b2c-ba28-495391a055cb.
SEND US YOUR COMMENTS
I think consistency across the states would make a lot of sense. Why shouldn't everyone be required to go through the same amount of hours of training. - Ruth Armstrong
While I agree in principle to the idea of portability and I support the rationale ("RATIONALE If massage therapy licensure requirements were consistent and credentials were then portable, massage therapists would much more easily be able to move across state lines and continue to practice."), I cannot support this position statement for the following reason:
POSITION STATEMENT
It is the position of the American Massage Therapy Association that there should be fair and consistent licensing of massage therapy in all states that can lead to portability of practice.
No one has defined "fair and consistent". I live in a state that requires 1,000 hours of education in order to be licensed. How can I accept a massage therapist that comes into New York with only 500 hours? It is not fair to those who spent the extra time and money due to the state's requirements. If every state required the same 1,000 hours, then we're all on the same playing field and I would have no problem supporting this position statement. -Eugene Wood