|
|
|---|
Dear Friends,
Below is a letter I recently wrote to Massage Therapists in Indiana. I am sending this to anyone that may be interested in massage, hydrotherapy, or natural treatments as Senate Bill # 274 could very well affect many more than just those whose regular occupation is Massage Therapy. Please copy this information in a new e-mail (do not forward) and send it on to every SDA you know and anyone else who might be interested in massage, hydrotherapy and natural treatments.
Dear Massage Therapist and Other Interested Parties,
Senate Bill # 274 requiring Licensing of Massage Therapists in Indiana is now before the Indiana Senate. It passed the house last year so this year they started it in the Senate. The reasons everyone interested in massage, alternative medicine, hydrotherapy, or in natural treatments should get involved and urge all your representatives to vote NO on this bill are given below. Information on how to contact your representatives is at the bottom of this letter. Contacting the senators in every way possible AS SOON AS POSSIBLE should take priority over the house, but all representatives should be contacted to let them know that you are against this bill and want them to vote NO.
What does this bill do besides establishing a State Board of Massage Therapy which will require anyone who does massage in Indiana to acquire a license which will be issued "at the discretion of the board"?
The extent of this bill is far-reaching and should alarm every person who is in any way connected to the healing arts commission. The grasp of this bill is such that it would take in anyone who receives compensation, donations or otherwise, in the practice of massage therapy. But take notice what this bill's definition of Massage Therapy includes (quoting from the bill):
"Massage" or "massage therapy" means the therapeutic application of massage techniques on the human body, including: (1) the use of touch, pressure, movement, positioning, and holding with or without the use of massage devices that mimic or enhance manual measures; and (2) the external application of heat, cold, water, lubricants, and abrasives."
THE EFFECT OF THIS BILL COULD BE TO REQUIRE A LICENSE FOR ALMOST EVERYONE ENGAGED IN ALTERNATIVE MEDICINE & NATURAL TREATMENT TECHNIQUES IN INDIANA!
WHO WOULD BENEFIT FROM THE PASSAGE OF THIS BILL? Not the public. This bill will raise massage fees to the public by dramatically increasing costs and paperwork for the massage therapist which would have to be passed on to the massage client. It can be shown that every state that has required licensing of massage therapists has caused massage rates to increase. This bill would also raise massage fees by dramatically cutting down on the number of massage therapists and therefore on competition. There are only 385 massage therapists in Indiana who have passed the National Certification Exam for Therapeutic Massage and Bodywork. This exam, or its equivalent, is a requirement of this bill to be granted a license, but this is just one of many requirements, several of which violate either one's civil or religious liberty, not to mention one's privacy. The next paragraph details just some of the requirements of this bill.
WHO WOULD BENEFIT FROM THIS BILL?
Not to the Massage Therapist. For a Massage Therapist to receive a license, this bill would require one to submit letters of recommendation from a doctor, a clergyman, and others; it would require one to submit their "Internal Revenue tax return forms from two (2) consecutive years"; it would require one to submit "a schedule book of massage or massage therapy clients from two (2) consecutive years" plus other burdensome and intrusive obligations; or one would have to "provide proof of membership in good standing in a massage or massage therapy professional association that requires five hundred (500) classroom hours of schooling or provide a copy of a diploma, transcript, or certificate, or other proof of completion of a school accredited by the Indiana commission on proprietary education."
Ex Post Facto Law Indiana Constitution, Article 1, Section 24 declares "No ex post facto law, or law impairing the obligation of contracts, shall ever be passed." In light of this statement, Section 6 (which contains many of the above stated requirements) of Bill #274 is completely unacceptable. Our representatives may not take away someone's livelihood just because they have only been doing it for 1 month or 1 year. That is thievery and not law. Nor can our representatives require one be a member of a certain organization or have attended a certain school in order that they may now receive permission to do what they have done in the past for a livelihood (before such a Law was enacted or even introduced). According to the above citation of the Indiana constitution our representatives have NO jurisdiction to license or restrict existing massage therapists. (Except to prevent prostitution under current law IC 35-45-4-2&3.) Licensing, if passed, would and should apply ONLY to those who become massage therapists after the effective date of the law, regardless of any desires to the contrary.
The Indiana Constitution (Art. 1, Sec. 21) which an Indiana State Representative's oath of office binds him to support, says "No person's particular services shall be demanded, without just compensation. No person's property shall be taken by law, without just compensation." Passing a law that a person cannot charge for services learned by apprenticeship, home study or elsewhere effectively takes their property (talents) by law without just compensation in contradiction to the state constitution especially if they have been employed using those talents before such law was passed.
WHO WOULD BENEFIT FROM THIS BILL?
Not the public. This bill will not cut down on massage being used as a cover for prostitution and illegal sexual activities. Laws already exist (see current law Indiana Code 35-45-4-2&3) to shut down those offering massage as a cover for illegal sexual activities and prostitution. Why do they want to add burdens to those who are operating lawfully as a benefit to their community rather than enforce these existing laws?
WHO WOULD BENEFIT FROM THIS BILL?
Not the public or the Massage Therapist. Massage Therapy is unique in that it is not so much an occupation as it is a talent given by God. There is no other work that requires such an intimate overall contact with the client such as massage therapy provides. It is in many ways a Spiritual experience. The State cannot legislate someone to have "the caring touch", nor can it mandate thousands of hours of schooling to give "the caring touch" to anyone; one either has it or they don't, and if they don't, they must ask God for it. Legislation or thousands of hours of secular schooling will not give one better morals; sadly, and in fact, usually the opposite occurs. The public needs to be educated not to think that a license in massage (or in any other profession) will protect them from the unscrupulous and immoral practitioner; to give the impression that it does or will is giving the public a false sense of security. The public needs to learn to ask the right questions and ask for references, which any reputable Massage Therapist would be willing to give. Those of questionable motives and morals who enter into massage therapy looking for cheap thrills or to make money are in the wrong profession and their reputation will soon expose their motives. To think that legislation or licensing will protect the public from the unscrupulous and immoral massage practitioner is naive and illogical. Moral education is ALWAYS preferable to the force of men's laws for both the public and for the giver of any treatment. It is a decadent and declining culture that relies first on legislation to protect its people from immoral practices.
The real issue of Senate Bill # 274 lies NOT in improving the credibility or the professionalism of the occupation or in protecting the public, the real issue is all about money and there is no question that there are many who would profit by its passage, but not so the general public.
Most in favor of licensing desire insurance reimbursement for massage therapy. Here, again, we come down to money as the bottom line. It is figured that if insurance will cover it, the therapist will get more clients and they can charge more than they do now. They argue that most insurance companies now pay for chiropractic, since licensing was enacted, but many insurance companies now pay for massage already. This has nothing to do with licensing, it is an individual insurance company's choice. It would be far better to educate the insurance companies as to the benefits of massage and the fact that massage could decrease their costs for many illnesses. MOST therapists DO NOT WANT the hassle of insurance paperwork. For those who do wish to be involved with insurance companies, there is national certification as a valid seal of approval. State licensing is not necessary and all other reasons to convince legislators we need licensing is in reality a cover for higher fees and more money from the client or their insurance company. Translated, the real reason many are clamouring for licensing: "The love of money is the root of all evil."
We urge you to e-mail, not only your senator and representative, but ALL the legislators AS SOON AS POSSIBLE. You can find out who your senator is and his e-mail address and the addresses of all the legislators at the following web URL: http://www.in.gov/cgi-bin/legislative/contact/contact.pl
We strongly urge you to IMMEDIATELY to call your State Senator and request that they vote NO on this bill. Senate Phone 1-800-382-9467, House 1-800-382-9842 (Ask for your senator or representative and tell them you'd like them to vote NO on SB # 274 Licensing of Massage. Be sure to tell them you're a therapist and any other "credentials" you have. Sadly enough, some people are influenced by that.) When you write or e-mail them please ask your representative to remove Senate Bill # 274 Licensing of Massage Therapists (and SB # 358 Licensing of Midwives) and all similar legislation from the consideration of being law in Indiana both now and forever.
This bill is now in The Committee on Health and Provider Services COMMITTEE CHAIRMAN: Senator Miller; MEMBERS: Server R.M., Lawson, Gard, Riegsecker, Alting, Johnson, Craycraft R.M.M., Breaux, Simpson, Rogers
The AMTA, American Massage Therapy Association, (who is for passage of this bill) is having a massage awareness week at the state house from January 28-Feb 1 to influence senators to pass this bill. I plan on trying to attend for a couple of days if only to campaign against it. Anyone who can go, should go to let them know where you stand, but remember that it is not by might, nor by power, but by His Spirit that victory is always secured! Without Him we can do nothing, but through Christ we can do all things.
Please copy all or part of this letter and send it on in a new e-mail (do not forward) AS SOON AS POSSIBLE or contact any others you know that may be interested in this matter. You can also help defeat this bill by mailing me and your representative a post card asking your representative to vote NO on SB # 274 with your name, address, and phone number and I will take them all together to the state house. Also please e-mail me with the same information which I can forward on to them and also print out.
To read the entire bill, go to: Senate Bill # 274 This is also where you can check the status of the bill.
"Where the Spirit of the Lord is, there is Liberty." 2Cor. 3:17.
Yours in His Love,
Jon Zwayer, C.M.T.
P.O. Box 327
West Baden Springs, IN 47469
Phone: 812-936-9305
Source:... Heart Communications Entered -- April 12, 2002