July 31, 2008 Legislative Update

The Alliance for Licensing Massage Therapists (ALMT) is entering the drafting phase of the Licensure effort and we invite you to be a part. We are estimating it is a commitment of around an hour to an hour and a half per week for the next 5-6 weeks. Go to the ALMT website "Craft the Draft" page for more information about how easy it is to play a huge role in this important effort. No experience as a lawmaker is required. Your experience as a Massage Therapist is what we are interested in.

If you are interested, the first step is to register as a supporter. You can do that through the ALMT website, or online at this link.

If you have any questions, email ALMT Chair and AMTA-MN Government Relations Chair Jeremy Miller at jmillergrc@gmail.com. Thank you for all you do on behalf of our profession. We look forward to working with you.

April 21, 2008 Legislative Update

CAM Law Update and Client Bill of Rights Template

Did you know the Bill of Rights has changed since it was first passed? There have been slight modifications, including what you have to have on your individualized Client Bill of Rights. (If you don't know what we're talking about when we say the CAM Law, see the section under the 27Jan2008 Legislative Update on the CAM Law.)

As a service to our members your Government Relations Committee has created a template for your use that will ensure your Client Bill of Rights is up to date and contains all the necessary wording to keep you in compliance. This template has been reviewed and approved by Richard Hnasko, the administrator at the state Office of Complementary and Alternative Practices office, (the man who is in charge of making sure we are all compliant with the law.) The link below has a brief set of instructions, the blank template, and a fictional CAM Law Client Bill of Rights, so you can see what one could look like when it is completed.

MN CAM Law Client Bill of Rights Template

Also, as a bit of news, in this legislative session, the CAM Law was changed to alter a specific clause that got a lot of media attention. There was a clause in the CAM Law that made it illegal for a CAM Practitioner to have an outside relationship with a "former" client. It then went on to define "former" as a client who had stopped treatment by the Practitioner within 2 years of starting the relationship. After a well publicized case of this very thing happening, (where the therapist and former client in question actually ending up getting married) the state has changed the CAM Law to remove the 2 year "waiting period". The only other health profession we could find that had a limitation on relationships with former clients was psychologists, so this change brings Massage Therapists and other CAM practitioners to a level playing field with the vast majority of our fellow Health Care Practitioners.

Minnesota Massage Therapy Licensure Effort

The Licensure effort is going strong, picking up more steam every day! The name of the group backing Licensure is the "Alliance for Licensing Massage Therapists". We have set up a website specifically for the Licensure effort: http://almt.synthasite.com.

We are looking for support of action from anyone who wants to become a LMT in Minnesota. It doesn't have to take much time, its free and the rewards for as little as 10 minutes of work per month can be tremendous! Contact your AMTA-MN Government Relations Chair, Jeremy Miller (jmillergrc@gmail.com) to find out how or for more information.

January 27, 2008 Legislative Update

It is a New Year and the legislative process is getting back up and running. To keep you abreast of changes as they happen, I will be updating this page as progress is made. We are currently gearing up for a legislative push, and this time around we have a lot going in our favor, making the prospects for success this time around very good indeed! We have the most favorable-to-our-cause political party split we have seen in both the House and Senate in more than ten years. We have a top-notch lobbyist working for us, (Robert Vanasek and Associates is the name of the firm. Bob is a former Speaker of the House and so knows Minnesota state politics like the back of his hand.) We have fresh faces coming into the process from within our own ranks, bringing with them great ideas and insights. But to make our strongest case, we have a good bit of leg-work to do and we need your help! We are asking individuals to make pledges of time that can be anywhere from 10 minutes per month to 4-5 hours per month. We can make a difference by working together and letting the elected representatives in St Paul know that we are clear on what we want and this time we mean business. To find out how you can be involved, email AMTA-MN Chapter Government Relations Committee Chair and head of the Coalition, Jeremy E. Miller at jmillergrc@gmail.com.

Current State of Massage Therapy Regulations in Minnesota

SPECIAL NOTE: It is vital that as a member of the AMTA, and a professional in a field trying to shed the negative perceptions of the past, we must abide by the laws under which we are currently regulated. It cannot be stressed enough – Even if you disagree with the law, find it unfair, overly restrictive or even oppressive - You MUST obey the law! The first step to obeying the law is to fully understand the laws you must obey. If you do disagree with a law that has been passed, the great thing is you can work to change it! To do that contact your Government Relations Chair, Jeremy Miller at jmillergrc@gmail.com.

In addition to any local zoning rules to which any business must adhere, Minnesota Massage Therapists are currently regulated in two ways:

1. Minnesota's so-called “CAM Law”
2. Local Home-Rule/Municipal Ordinance

The CAM Law

What is the CAM Law? Currently, Massage Therapy practiced in the state of Minnesota is subject to Minnesota Statute 2007, Chapter 146A, officially titled the Unlicensed Complimentary and Alternative Health Care Act, or as it is more commonly referred to, “The CAM Law”. This law was enacted in July 2001. Since that time any unlicensed practitioner must adhere to this law which, among other things:

• Requires each new client must receive a copy, and a signed copy must be kept on file in their records, of the Complimentary and Alternative Health Care Bill of Rights, which must be customized to the individual practitioner with whom they will be working.
• Establishes the Office of Unlicensed Complimentary and Alternative Health Care Practice to oversee compliance, investigate claims, and levy penalties against those breaking the law.
• Enumerates those actions which are prohibited, Sets out penalties for committing prohibited acts, and gives the Office of Complimentary and Alternative Health Care Practices the authority to enforce those penalties, up to and including prohibiting a practitioner from practicing. Some of the prohibited activities listed which are grounds for disciplinary actions:
  • Conviction of a crime involving the practice of CAM therapies;
  • Habitual overindulgence or dependence on intoxicating liquors or improper use of drugs or controlled substances as defined by MN statute;
  • Breaking client confidentiality outside of what is required under federal or state law;
  • Failure to comply with requirement to provide a copy of the Client Bill of Rights;
  • “Kickbacks” for referrals or other fraudulent billing practices including violations of Medicare/Medicaid/State Medical Assistance laws;
  • Failure to self-report any violations or to cooperate with investigations;
  • Obtaining money from a client other than what is “reasonable” for session fees by means of undue influence, harassment, duress, deception, or fraud;
  • Undertaking or continuing a therapist-client relationship where the objectivity of the provider is compromised (Dual relationship);
  • And others...

How Do I Find Out More So I Can Bring My Practice into Compliance? For official information on the CAM Law, you can visit the website of the Office of Unlicensed Complimentary and Alternative Health Care Practice at: http://www.health.state.mn.us/divs/hpsc/hop/ocap/index.html.

Or for less formal info or for help developing the required CAM Client Bill of Rights for your individual practice, contact your Government Relations Committee Chair, Jeremy Miller at jmillergrc@gmail.com.

Local "Home Rule"

How Does Home Rule Work? In an unlicensed state like Minnesota, each municipality is able to enact a local ordinance to regulate Massage Therapy within its city limits. Many cities have done just this. These ordinances are often put in place in an effort to curb prostitution which would be happening under the guise of Massage Therapy. In some cities the ordinance is actually titled "Massage Parlor Ordinance". These ordinances are often very restrictive with widely varied regulations. Some examples of different practice-stifling or degrading regulations we have encountered:

• Massage Therapists must have a mug shot on file with the police department;
• Massage Therapy can only be practiced in the office of an already established healthcare provider, (i.e. in the office of a Chiropractor, Medical Doctor, Physical Therapist, etc.)
• Massage Therapy cannot be practiced across gender lines, (in other words a female Therapist cannot work with a male client and vice versa);
• Massage Therapy business location cannot operate within 1000 yards of a church or a school;
• When opening a Massage Therapy practice where linens will be laundered on the premises, an inspector from the city must come out and record the amount of time it takes washer to heat the hot water to a certain temperature;

If I get a business license to practice in my city, can I can go into a neighboring city and do a house call appointment? This would be called reciprocity, and as far as we have seen, there is no reciprocity between cities. This means, you must have a business license in the city where your main practice is located, but to do a house call appointment, or Seated Massage office calls, or even in some cities a sports massage event, if you are going outside of your city's limits, you have to have a City business license for the city you are traveling into as well.

I have a City License to Practice Massage Therapy. Does That Mean I Can Use The Title Licensed Massage Therapist? No. The designation “Licensed Massage Therapist” or LMT can only come from the state. A City “License” is really only a business permit. Also wrong is the idea that because the state does not require any sort of License currently, “I can call myself an LMT if I want to.” The only way to legitimately use the title Licensed Massage Therapist in Minnesota is to obtain and then maintain a state Massage Therapy License from another state that does require it.

How Do I Know If My City, or The City Where My Client Is, Has An Ordinance? Generally you can call the City offices and speak to the City Clerk, City Manager, or City Business Licensing department. Some cities have very restrictive ordinances, while other cities have no ordinance at all. We are compiling a list of municipalities that we know for certain do have an ordinance and that list will be updated regularly as more city ordinances are emailed in. If you know of a city that requires a city business license to practice Massage Therapy that is not listed here, please let us know (at the email address is listed below) and we will update the list.

This Really Stinks... But What Can We Do?

Again, in the case of both the CAM Law and local Home Rule ordinances, it is imperative that you run your business legally. To do otherwise is unprofessional, unethical, and illegal. If you dislike the fact that because we practice in this “unlicensed” state means having to comply with a mountain of laws and regulatory hassle, come join the effort to pass a reasonable Licensure Law.

A well-written law will:

• Free our profession from the burdensome regulations of both the Local Home Rule ordinances and the CAM Law.
• Establish peer oversight of our profession, as opposed to having our only oversight be by a City Council member or officer of the Department of Health, who, in no case of which we are aware, is a Massage Therapist.
• Protect the clients who seek out your services, employers who want to have you bring your expertise to their practice, and Health Care Professionals who want to refer patients to you, but are reluctant as they would be financially liable for referring to an unlicensed provider.
• Help eliminate prostitution which happens under the guise of massage, by provide law enforcement an added tool to close down those businesses that do so much to undo our hard work to be seen as legitimate. The harm these businesses do visible with even a quick glance in any copy of the yellow pages. In the Yellow pages at my desk, one line under a very legitimate sounding massage practice is an ad for “A Blonde Express Dial Services Incl Massage” and a few lines below that “Cover Girls”, all under the heading “Massage” with a disclaimer stating providers may have to show proof of certification or be licensed by the state or local municipalities and consumers should “check for a valid license”. We can clean up this element for good.
• Confer many, many more benefits for our clients, our profession, and even down to our individual practices.

We can make this happen. We can and we must. As of this writing, Minnesota is one of 12 states to not have a license or certification. Of the other states in this same boat, 9 are working to get a state-wide regulation. We have been trying to do this here since 1991. The time is now. The future for Massage Therapy in Minnesota is bright, but we can make it brighter. And to do that we need your help! To find out how, contact AMTA-MN Government Relations Committee Chair Jeremy E. Miller at 612-483-5858 or via email at jmillergrc@gmail.com.