|I believe we can do our research and walk through the negotiating
or lobbying door prepared to address the full range of potential
concerns about massage and be equally prepared to offer a package
of our solutions. We are thus reframing massage from being a problem
to being a community asset that has some occasional difficulties
of administration. Once the practice of massage is seen as an active
benefit to a community, negotiations for governance have a much
better chance of producing a positive result. What follows are resources
for getting involved, communicating effectively, and becoming knowledgeable
about the technical and interpersonal issues.
Guides to Activism
Activist by members of NetAction and WomensWork (Comprehensive)
Materials & Resources Activists' Center for Training
In Organizing and Networking
Training & Resources (The Democracy Center) Material
on advocacy strategy and lobbying
& Community Building Resources (Benton Foundation)
Media Coverage Happen Cause Communications
Dealing with the Media Global Development Research
Control Game Learn to recognize and call organizations
and public agencies on the use of procedural maneuvers designed
to limit the effective scope of participation and discussion.
Review of Issues in Massage
Governance Keith Eric Grant
The RamblemuseSM (PDF, 305 kB)
An extensive discussion of regulatory and educational issues
of massage governance with some material specific to California.
Guide to the Logical Fallacies Learn to recognize
when the argument presented lacks logical validity.
Change, and Massage Governance Activism by Keith Eric Grant
Internet technology has shifted and will further change the
balance of information power between customer and consumer and likewise
between massage practitioners and traditional massage organizations
and governing agencies. Promoting a high availability of massage
directed primarily at relaxation and coping with stress can promote
a healthier, more productive, population. For communities, having
an activist program for promoting stress management resources and
training will produce both positive economic consequences and will
have a positive impact on perceived quality of life.
Christopher Kush, 2000: Cybercitizen
: How to Use Your Computer to Fight for All the Issues You Care
About, Griffin Trade Paperback; ISBN: 0312263058
- Jim Shultz, 2003: The
Democracy Owners' Manual — A Practical
Guide to Changing the World, Rutgers University Press, ISBN: 0-8135-3038-5.
Negotiation, Consensus, and Communication
Governance Agency Laws and Reviews
Carolyn Cox and Susan Foster, 1990: The
Costs and Benefits of Occupational Regulation, Federal
Trade Commission, Bureau of Economics. (HTML
executive summary only; PDF,
full report)— This report by Cox and Foster is one
of the most extensive and well-thought out reviews of the
balance between the costs and benefits of occupational regulation
that I have uncovered. It is also widely referenced by other
Regulation, Program Evaluation Division, State of MN The statutory
purpose of occupational regulation is to protect public health,
safety, and welfare. Today there are almost 200 regulated occupations
in Minnesota (not counting teachers’ licences), but many policy
makers in Minnesota and across the country question whether occupational
regulation is needed as often as it is used.
Regulation — A Program Evaluation Report, Report
99-05, Office of the Legislative Auditor, State of Minnesota, 3
- British Columbia
Columbia Health Professions Council Preliminary Report on the
Scope of Massage The Council recommends the
following scope of practice statement for members of the College
of Massage Therapists: The practice of massage therapy is the
assessment of the soft tissues and joints of the body and the
treatment and prevention of dysfunction, injury, pain, and physical
disorders of the soft tissues and joints primarily by manipulation
to develop, maintain, rehabilitate or augment physical function,
to relieve pain and promote health. The Council recommends
that massage therapists not be granted any reserved acts.
Replies by College of Massage Therapists to HPC Reports
Columbia Health Professions Council Post Hearing Update of Preliminary
Report In the Council's view, the College's
request for these proposed new reserved acts is an attempt to
reserve the entire scope of massage practice. If the College's
rationale were adopted and if the proposed reserved acts were
added to the Reserved Acts List and granted to massage therapists,
the practice of unregulated massage practitioners would be inhibited.
Every act of massage could be subject to investigation and evaluation
of the intent of the massage practitioner. To accede to the
College's request would result in an unwarranted infringement
of the public's right to chose a massage practitioner. The
Council has seen no evidence that massage therapy carries with
it such a sufficient risk of harm to warrant making any portion
of its practice a reserved act.
The full Health Professions Council review of the health professions
CHOICES: A New Model for Regulating Health Professions in British
Massage Parlor Code (Article 48.5) This code is notable
for granting local agencies the authority to regulate massage parlors
while exempting massage therapists from such regulation. It is in
essence an implicit title act for massage therapy based on hours
of education. It thus provides a template for freeing massage therapists
from onerous local regulation without requiring explicit registration
or licensing. The
2001 Sunset Review of the code is also available (PDF file).
Occupational Regulation Review Council, October 1997
The potential for harm to the public appears to be remote and
would not be alleviated by licensing. The Council's review of available
information indicates that the number of complaints concerning massage
practitioners is very small and, of those complaints cited, many
allege sexual misconduct which under Georgia law is a criminal act.
Moreover, there is little evidence that unqualified massage therapists
have inflicted physical harm on clients.
- Minnesota In a law signed by Governor Jesse Ventura
on May 11, 2000, Minnesota has taken the innovative route of combining
state recognition of unlicensed complementary healthcare professions
with requirements for consumer information and state resources for
tracking and acting on complaints.
Health Professions Commission, 1995 - REFORMING HEALTH CARE WORKFORCE
REGULATION Policy Considerations for the 21st Century
Grant title protection without accompanying scope of practice acts
to some professions. This would be appropriate for professions (e.g.,
massage therapy) which provide services which are not especially
risky to consumers.
Virginia Legislative Auditor's Review (2003) Two
years ago the Legislative Auditor reviewed the Massage Therapy Licensure
Board and concluded that the Board was not needed for public protection.
The Legislative uditor arrives at the same conclusion in this current
evaluation. There is no compelling evidence to support continued
licensure of this profession because there is low risk of physical
harm if the profession were unregulated. Essentially, the existence
of this Board provides no added safety or competency to the practice
of massage therapy.
Sunrise and Sunset Laws
State legislatures basically consider that the sole purpose
of occupational regulation is to protect the public from the potential
for harm that is recognizable and not remote and that is not
ameliorated by existing laws and means. There is in general no legislative
consideration that such regulation conveys upon the regulated occupation
a recognition or approval by the state. Sunset laws require periodic
reevaluation (e.g. every five years) of existing governance to insure
that its purposes are still valid and adequate. Sunset laws thus provide
a broad window of opportunity for providing new activist input on
existing occupational regulations. Sunrise laws require a specific
review of proposed regulation to insure that an alleged potential
for harm is recognizable and that the regulation is the most suitable
Other Resource Sites
of Massage & Bodywork Schools (CAMBS)
California Massage Education
League (CAMEL) — Providing information targeted
to the concerns of local and state agencies.
on Somatic Practices (CCSP)
California Codes and Statutes
for Bodywork E-Mail List (Yahoo Groups)
Code Web Library
Beach Massage Allianace Law Summary
Massage Safety: Injuries
reported in Medline relating to the practice of therapeutic massage
1965 2003, Keith Eric Grant, 2003, Accepted
for publication by the Journal of Bodywork & Movement Therapies
(JBMT) Medline citations from 1965 to 2003 were searched for
cases relating significant injury to the practice of therapeutic
massage. Twelve such cases were found from over 12 million medical
citations. While this number is far too small for statistical analysis
of injury patterns, six recommendations for training and practice
were obtainable from these reports on mechanistic grounds. A conclusion
of the general safety of massage follows from the paucity of report
injury cases in conjunction with corroborative insurance statistics.
licensing and regulations strangle entrepreneurship
The Buckeye Institute
of Legislative Development Concerning Alternative Health Care in
the United States A Research Project of the Fetzer
Institute by David M. Sale, J.D., LL.M. A good discussion of the
terminology and form of regulation. For massage, this study also
notes: "Even in jurisdictions that have state massage
practice acts, legislative deference to local regulation is generally
present, although the degree and specific type of deference varies
under the practice acts that address this issue." More
details are given.
Licensure and Quality: The Evidence by Stanley J. Gross.
Gross is a professor of counseling psychology at Indiana State University.
This paper is an updated and expanded version of two chapters of
his book Of Foxes and Hen Houses: Licensing and the Health Professions
(Greenwood Press, 1984).
Review of Issues in Massage
Governance Keith Eric Grant
The RamblemuseSM (PDF, 305 kB)
An extensive discussion of regulatory and educational issues
of massage governance with some material specific to California.
Reiki Legal Index: Status of MT Legislation and Boards by State
- Webs of Affiliation:
The Organizational Context of Health Professional Regulation by
Richard Morrison In and of itself, the regulation of more than
125 health occupations or professions in one or more of the fifty
states is a study in organizational confusion, complexity, and inconsistency.
But even a review of state regulation alone cannot provide a full
appreciation of the web of formal and informal organizational linkages
that provide the context for professional regulation and that make
regulatory reform a daunting task.
Ethics, Sexuality, and Misconduct
There are problems of misconduct, abuse of trust, and crossing of
ethical boundaries that are pervasive across health and mental care.
What is all too clear is that neither licensing nor requiring substantial
hours of education act as specific preventatives for conduct of malintent.
Web Helping overcome professional exploitation
Angelica Redleaf with Susan A. Baird, 1998: Behind
Closed Doors Gender, Sexuality, and Touch in the Doctor/Patient
Relationship, Auburn House. Westport, Conn. 224 pages
LC 97-32947. ISBN 0-86569-285-8. T285 $59.95
of Physicians, Therapists and Other Health Professionals for Sexual
Misconduct With Patients Linda Jorgenson and Pamela K.
Sutherland Pamela K. Sutherland is a litigation attorney
whose practice focuses on the representation of patients/clients
exploited by their therapists/physicians/attorneys.
on Sexual Boundary Issues By The Ad Hoc Committee on Physician Impairment
Sexual Abuse by
Therapists, Physicians, Attorneys, and Other Professionals
Pamela K. Sutherland, Attorney At Law, Boston, MA. This article
focuses on the clinical and legal reasons underlying the prohibitions
on therapist-patient sexual contact and some of the legal remedies
Exploitation: Strategies for prevention and intervention
Report of the Maryland task force to Study Health Professional-Client
Misconduct and Harrassment by Dianne Polseno (AMTA)
Misconduct in the Physician-Patient Relationship American
Academy of Orthopaedic Surgeons
Issues Massage Therapy Journal, Summer 2000
California Association of Acupuncture & Oriental Medicine
President’s Report (June 7, 1998, Brian C. Fennen) The
increase in sexual misconduct charges was so great this past year
that it was assigned its own separate category. First rule of thumb:
don’t flirt with your patients. By law, psychologists and MFCCs
must wait one year before dating ex-patients. Other healthcare practitioners
generaly have no such legal requirements, but they can often get
into trouble easily. For example, the Californai Chiropractic Board
states that over half of the chiropractors in practice have had
either fraud or sexual misconduct complaints filed against them.
In Alaska, a waiting period of three months was written into their
Acupuncture Licensing regulations. Remember, just say no to dates.
Economics Determine Your Risk Factor: Sexual Misconduct
Research has shown that somewhere between 1% and 12% of
physicians report sexual contact with patients. However, more interesting
is that up to 80% of doctors report a sexual attraction to their
patients. The issue here is not whether a doctor feels a sexual
attraction to a patient, but how the doctor behaves relative to
of adults experiencing violations, 90% are
women and 75% committing them are men. Of all these types of violations,
it was found that the most obsessive behavior typically occurs between
a female patient and a female doctor . . . and that these may result
in a type of obsession that may well promote stalking situations.
Health Care Online by Pat Stubbs The Plain Dealer,
located in Cleveland, held a six month investigation revealing that
nearly 200 psychologists who "were found to have committed serious
ethical violations in the last 18 years nationwide were allowed
to continue their practice without ever serving any suspension."
The article went on to say, "The nearly 200 psychologists who were
not suspended for even a day were found to have engaged in sexual
misconduct with patients, convicted of criminal offenses or committed
other major ethical violations. The Plain Dealer looked at records
from all 50 state licensing boards and created a data base containing
the names of 2,218 psychologists who have been disciplined or denied
licensure as a result of ethics violations. The study went back
to 1971, although 80 percent, or 1,754, of the disciplinary actions
were taken after Jan. 1, 1990 and reported that 27 states have revoked
five or fewer licenses. West Virginia, Rhode Island, North Dakota
and Montana, which license a total of 1,500 psychologists have taken
a combined 15 disciplinary actions, but have never revoked a license.
New York, the paper said, has about 14,000 psychologists, and has
revoked 12 licenses. In Ohio, where there are 3,900 licensed psychologists,
the Ohio Board of Psychology has revoked 16 licenses."
Docs Punished for Sex Offenses (PDF file) “You've
got some real clever predators out there. You have to be smart
to get through medical school.”
Misconduct in the Physician-Patient Relationship —The
College of Physicians and Surgeons of Nova Scotia
Understanding the Contexts
Prostitution seems unlikely either to disappear or to be decriminalized
in the United States. Massage therapists continue the long public
education process of separating themselves in the minds of governing
agencies and some segments of clientele. Sometimes in arguing against
a connection, we need more understanding. Prostitution has been
a major source of division within the feminist movement. With international
trafficking in econonically and culturally vulnerable women, prostitution
has become a wide-area problem in which the response has too often
been to criminalize the victims.
The rise of international trafficking
in women as a "growth industry" (from the 7 July 2004 U.S.
Senate hearing), implies substantial funding and issues not solvable
by purely local approaches, particularly local ordinances targeting
legitimate massage practitioners. The sophistication of the trafficking
"industry" has also brought the use of technology into prostitution —moving
locations from storefronts into temporary apartments while arranging
contacts via web sites and cell phones. Such flexibility of location
neutralizes local ordinances designed to prevent repetitive use of
single fixed locations, leaving only legitimate massage practitioners
(who actually want stable locations where clients can find us) to
jump through the legal hoops.
U.S. Efforts to Combat Human Trafficking and Slavery — U.S.
Senate Hearing, 7 July 2004. There was also a Voice
of America Report on the hearing.
Trafficking in Women to the United States: A Contemporary
Manifestation of Slavery and Organized Crime — Amy O’Neill
Richard, DCI Exceptional Intelligence Analyst Program, CIA.
Justice Resources on Human Trafficking Maintained
by Jon Harrison, Michigan State University
Persons Information U.S. Department of Justice
Trafficking U.S. Department of State
to Human Trafficking Global Issues, An Electronic
Journal of the U.S. Department of State
Volume 8, Number 2, June 2003
Trafficking: A Guide to Detecting, Investigating, and Punishing
Modern-Day Slavery — Police Chief Magazine,
vol. 70, no. 12, December 2003.
War Against the Sex Trade — Governing, April 1994
v7 n7 p38(5) — A new wave of police crackdowns and community
activism isn't getting
rid of prostitution. But it may be driving it indoors.
Skin Trade — Time Magazine, 21 June 1993 (cover story) — Poverty,
chaos and porous borders have turned prostitution into a global
growth industry, debasing the women and children of the world
The Coalition Against
Trafficking in Women (CATW) A non-governmental
organization that promotes women's human rights. It works internationally
to combat sexual exploitation in all its forms, especially
prostitution and trafficking in women and children, in particularly
Captive Daughters — Captive Daughters is dedicated to ending
the sex trafficking of children, with a particular focus as it
affects girls and
Slaves; A compilation of articles — thepeoplesvoice.org
Prostitution —Center for Problem Oriented
Policing (CPOP) —This article draws
on a diversity of research and programmatic experience to present
a number of options for reducing negative impacts of prostitution.
It has links to a number of online resources and references as well
as to published papers. Under CPOP sponsorship, the University of
Albany has developed an interactive
module exploring options for street prostitution abatement.
control in America: Rethinking public policy, Ronald
Weitzer, Crime, Law and Social Change
32 (1): 83-102, 1999 (abstract free; article $25) — In the
past two decades there has been little critical examination of the
prevailing methods of controlling prostitution in the United States.
This article examines selected problems in the control of prostitution
in the United States and critically assesses three major alternatives
to the prevailing policy of criminalization. Alternative approaches
are evaluated using the criteria of public preferences, efficient
use of criminal justice resources, and harm reduction. One policy,
involving a dualistic approach, is found to be superior in satisfying
True Cost of Prostitution — Court Costs & Vice Unit Strategies (PDF
file) — The
Edmonton Police Service — Notwithstanding the best efforts
of legislators at the Federal level, the problems of street prostitution
remain. The inability to effectively control the issue through legislation
has led to the emergence of many special interest groups, all of
whom call for further police action. Such enforcement action has
seriously strained our already depleted resources, and the cost incurred
by the Edmonton Police Service as a result of members testifying
in court has become unmanageable. This situation has proven costly,
not only in financial terms, but also in terms of our members health,
morale and family life. Court costs have escalated while the enthusiasm
of officers who must work during evening hours and give court testimony
during daylight hours, is understandably waning.
Theory 101 Few things have divided feminists as much
as the sex industry. Theorists who agree on a vast swath of issues
-- economic equality, affirmative action, even sexual liberation
-- often find themselves bitterly opposed over pornography and prostitution.
Effects of Prostitution by Katherine M. DePasquale What
image appears in your mind when you hear the word "prostitute"?
Take a minute to visualize it. What does that word mean to you?
Specifically what kind of person does your mind conjure up as a
H.I.P.S. Helping Individual
Prostitutes Survive The HIPS organization is designed
to end the cycle of abuse of sex workers on the streets, to work
with them to improve their lives, and to give them tools to pursue
a self-determined, independent, and productive way of living.
Prostitution Questions(s) (Female ) Agency, Sexuality and Work
by Rajeshwari Sunder Rajan The "prostitution question", as
we may term for short the contemporary debates around women in prostitution,
is a fraught one to confront today because of the acute divide it
has created among, as well as between, feminists and legal reform
activists both in India and the West.
Feminists, and Economic Associates by Wendy McElroy
A troubling situation has been haunting the issue of prostitution,
and that is the growing antagonism between the Prostitutes' Rights
Movement, as expressed through organizations such as COYOTE, and
those contemporary feminists who are anti-prostitution, which is
the major of contemporary feminists.
Law Reform in Canada by John Lowman, School of Criminology,
Simon Fraser University This paper is a follow-up to an article
on Canadian prostitution law published in the Comparative Law Review
that described the events leading up to the enactment in December
1985 of a new street prostitution control measure which prohibits
communicating in a public place for the purpose of buying or selling
sexual services. The paper concluded that the communicating law
did not have the salutary effect its designers promised because
they misdiagnosed the problems they were trying to solve.
and Male Supremacy by Andrea Dworkin If you have
been in prostitution, you do not have tomorrow in your mind, because
tomorrow is a very long time away. You cannot assume that you will
live from minute to minute. You cannot and you do not. If you do,
then you are stupid, and to be stupid in the world of prostitution
is to be hurt, is to be dead. No woman who is prostituted can afford
to be that stupid, such that she would actually believe that tomorrow
Network The Prostitutes' Education Network is an
information service about legislative and cultural issues as they
effect prostitutes and other sex workers. The service is comprised
of information for sex workers and activists/educators who study
issues of decriminalization, human rights in the context of prostitution,
violence against prostitutes and women, sex workers and pornography,
as well as current trends in legislation and social policy in the
U.S. and internationally.
& Education A sponsored project of San Francisco
Women's Centers, a nonprofit corporation
San Francisco Task
Force on Prostitution Report "The traditional practice
of dealing with prostitution as a law and order issue is costly
and simply does not work. The Task Force creates a forum in which
everyone who is impacted in whatever way by prostitution can sit
together and come up with solutions that work for San Francisco."
Terence Hallinan, San Francisco Supervisor/Sponsor of Prostitution
Workers' Rights, Human Rights: The Impact of Western Australian
Legislation On Street Based Sex Workers (Elaine Dowd) Women's
rights to safety and security are abused or ignored in countless
ways, both within and between international borders. In some instances,
most or all of the women living under a specific regime are denied
basic rights whilst other harms result from a globalised economy
in which women's inferior status and diminished power are synonymous
with extreme poverty. Amnesty International Australia (2002) acknowledges
that large numbers of women are at risk of gender-based discrimination
and violence, often resulting in death. However, it is essential
that efforts to reveal these abuses do not obscure those of a lesser
magnitude and those thsat are entrenched within our own society.
Return to the RamblemuseSM
Websmithing by Keith
Eric Grant The RamblemuseSM,
15 November 2005
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