imstandinghere

Name:
Location: Berkeley, CA, United States

Tuesday, April 17, 2007

All politics are based on the indifference of the majority.
~
James Reston

Come join the minority!!!

Following are two letters in opposition to CA-SB731. One is from Will Green, founding President of the International Massage Association and one from yours truly. You too can write the committee with your thoughts and opinions. Go here to find out who to write.


Dear (Committee Members)

I am the founding president of the International Massage Association, based in Washington DC, representing over 72,000 members across America with over 6000 in California. I am writing concerning CA S.B. No.731, this bill does not do much for the people that are members of my organization or the general public but does much to advance a monopoly of schools and other segments of the massage industry.

When states deliberate whether or not to regulate, or how to regulate massage, I strongly recommend thoughtful consideration to the economic impact of doing so. In spite of the licensure requirements that continue to put proficient massage professionals out of business, the industry is worth nearly four-billion dollars a year in taxable income, as reported a while back in the New York Times.

Massage is an ideal career, vocation or avocation that can be practiced by everyone through cost-effective avenues such as apprenticeships, video correspondence courses and internships. It is empowering and adaptable to: segments of the work force that experience periodic furloughs, massive layoffs, displacement through industry decline; to single parents, welfare-to-work candidates, and to occupational therapy programs.

Regulation creates monopolies in the name of “protecting the public”, with no harm ever being proven by those advocating this protection. The public, our clientele, is becoming more savy and discerning as to the types of service and modalities it wants to experience.

Licensing and regulation have never guaranteed competency. Poor performers do not do well in the massage business. Because they cannot sustain a consistent repeat clientele base they would be driven out of the business by the law of supply and demand.

We know many talented and gifted practitioners, who had extremely successful practices, who are prevented from practicing because they do not conform to the definition and requirements of massage therapy licensure. Further there are skilled immigrants – some with 20-40 years of massage experience, some being “Doctors or Nurses of massage” in other countries that cannot practice their trade because they have not attended an “accredited” US school or attained the minimum hours. Thus we have a skilled work force unable to work, constituting restraint of trade, unfair trade practices and discrimination.

Unfortunately, cities and states knowingly or unknowingly are complicit to the monopoly that massage licensure laws have created.

I would be pleased and honored to participate with legislative and law enforcement authorities to promulgate thoughtful laws and ordinances and address problems and challenges to our trade.

Sincerely,

Will Green
President
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Dear Senator.Ridley-Thomas,Please let SB731 die and continue to oppose any bill governing massage or touch, for practitioners, at the state level under the umbrella title of massage therapy. Govern "Massage Therapy," maybe.

Taken directly from materials from an AMTA membership packet is this: Massage Therapy is a "profession" in which the practitioner applies manual techniques and may apply adjunctive therapies, with the intention of positively affecting the health and well-being of the client.

Massage Therapy is a "profession" created by the AMTA. Massage Therapist is a title yet to be completely defined as an occupation. This bill is a foot in the door for the proponents of licensing and a foot in the door for imposing unnecessary requirements on those looking to provide touch or massage as a service.

In the realm of government our country has three distinct branches - the Legislative, Judicial and Executive. In the realm of massage and touch, there are at least three branches. There could be a "profession" which regulation could be placed in the hands of a group such as AMTA, their AMTA Council of Schools or COMTA the AMTA spawned Commission on Massage Therapy Accreditation, accredited by the Federal Department of Education for accrediting schools desiring to teach 'Massage Therapy'. Completing high numbered hours of training at one fell swoop at one of their schools would entitle those desiring to be referred to as a Massage Therapist the right to do so.

Beyond a "profession", there is the 2nd and 3rd branches of trade and service involving people who desire to do massage or touch or integrating a short massage training into other body oriented practices they may already be involved in. The three branches of massage/touch are understood to be "professional" as all are worthy of payment for services rendered.

Any act written without interchanging the words massage or touch with Massage Therapy to satisfy those feeling the need for state recognition could be an option. Words implying a Massage Therapist is anything more than a title in a realm with many optional titles not needing standards set for the title Massage Therapist or Massage Therapy is more damaging than good for the vast majority of givers and those receiving the work.

Licensing CPA's did not kill accountants and bookkeepers, freelance or employees. Skilled touch and massage should remain unscathed. Rubbing is also a profession. Massage Therapists would be allowed to rub. By visiting this site you will be lead to definitions of masseur, masseuse and rubber, long established and connected to massage. These definitions are being drawn from and placed into a "new" occupation of "Massage Therapist."

The major difference between masseur/masseuse and rubber trainings and "massage therapy" trainings is all the responsibilities of the masseur/masseuse and rubber titles are lumped into one very expensive training more beneficial to the schools and industry than for those looking to provide touch as a service for income.

Thank you for listening.

Robert Flammia,
Former Amta member
Holistic Bodywork Therapist and Health Educator and expired NCTMB
Berkeley CA

Sunday, April 08, 2007


Whoever has the money has the power.
-Tagline,
The Lookout

The Amta has the money and are wielding their power again, in CA. Before I get into all of that I want to thank the Amta (again) for all they have done for me.

I am moved by the words, "Thank the ones who have taught you, helped you, met you for who you are. Appreciate them now." You may find those words as part of the sermon I heard on Easter Sunday, April 8, 2007, at the UUCB.

Thanks to the NHI, an Amta-COS member that provided me with a great education beginning with a 100 hour 11 day intensive training (no longer available), in 1986, giving me more than enough training making it possible for me to enter this trade.

Thanks to the Amta-CA for creating units . Thanks to the individual members of the Amta-CA-GGU for talking me into leading the GGU which led to my becoming a Delegate to the Amta House of Delegates at their national convention in Boston, in 1995.

I found the memorabalia in the above picture while cleaning out my office. Thanks for the memories. It was at the Amta national convention I made some of my longest lasting friendships and connections in this trade. I appreciate all the Amta has done for me.

Yes, all! I thank the Amta for making me stand up and learn the way how CA politics work. It is because the Amta has taken the offensive, aggressively seeking to put CA massage/touch governance into the hands of a board at the state level that I have had a great civics lesson and am continuing to become good at playing politics. Politics is a game.

CA-SB412 was a great civics lesson. I actually watched and took part in the process going so far as to express my opposition at a CA-Senate committee hearing in Sacramento. Getting involved is not as difficult as you may think or believe. Just showing up is a plus.

On the heels of CA-SB412 is SB731, yet another Amta attempt at putting the governance of massage into the hands of the state.

After a whole lot of thought, I have come to the point of thinking there may be a need for the licensing of massage. The difference between their idea and my idea is what it would take to get a license. I believe it should be a whole lot easier to get a license to do massage than it is to drive a car. How many people died from massage related injuries in the last decade?

My opening thoughts about the benefits of a license are here(1) and here(2) . I'm just a simple man that knows anyone can do massage with little or no formal training. That is both the bane and the boon of the work. But, also like driving, which needs no "formal" training, there should be different tests and licenses for the level of work one is doing reflecting the person is familiar with the laws regarding the driving/work one is doing.

They have already spent $13,500 lobbying the governor and legislature on creating a statewide standard for licensing during the 2007-2008 legislative session. By checking out their history at the link you will find they also spent nearly $175,000 on AB1388 and SB412. They are playing to win.

As many know, there will be a hearing in Sacramento on the 23rd of April. Letters sent to the committee in opposition to the bill may serve to nip the bill in the bud. Showing up or sending someone in opposition would also a good thing. Going to Sacramento is no easy chore...

With that in mind, I have set up a "meet-up" with the hope there are some truly interested in playing the CA politics game in earnest. The game rules for our arena are found here. This bill is in its infancy just going into committee.

Amongst the many definitions you will find "Legislative Advocate: An individual (commonly known as a lobbyist) engaged to present to legislators the views of a group or organization. The law requires formal registration with the Secretary of State if an individual's lobbying activity exceeds 25 contacts with decision makers in a two-month period." With enough support, I would be willing to take that on. With enough signing on, we could create a lobbying committee.

This is merely a beginning.... Some support will spur me on. No support will set me free to get into playing at my newly launched website found here.