TouchPrints

Senate Passes Staton’s Penalty Increase for Illegal Massage Parlors

2010-03-17T16:02:00.001-04:00

Senate Bill 364, a bill that amends the Massage Therapy Practice Act to give the Board of Massage Therapy more power to regulate unlicensed practitioners as well as those who hire them, and clarifies power of municipalities to further regulate our practices has passed the Senate this morning 51-0. It moves on to the House for approval.

http://www.legis.ga.gov/legis/2009_10/senate/pressreleases.htm

SB 364 Update from the Georgia Chapter

2010-03-16T16:52:00.000-04:00

"The author of Georgia SB 364 Senator Staton has stated to our lobbyist the he will introduce a friendly amendment on the Senate floor to achieve this for our profession. The next step is for the bill to go to the floor and then on to the House. We are watching this situation."

Source: http://amtaga.org/government_relations

Georgia Senate Bill 364 passes out of Senate Judiciary Committee: Could pass Senate as early as Wednesday

2010-03-11T13:14:00.011-05:00

SB 364 passed out of the Senate Judiciary Committee this morning with the support of the Georgia Municipal Association. The bill updates our massage therapy practice act to include more severe penalties for violations, gives the board more power over unlicensed activity rather than just for licensees, and 'clarifies' the rights of the cities and counties to regulate massage therapy establishments. (State law already allows municipalities to regulate establishment licenses, and good law writing does not recommend repeating laws in more than one section of code.) Two massage therapists attended the meeting, myself and Jane Johnson, both of whom participated in passing the original practice act. The committee appears to have made no amendments to the original bill.

This bill is part of a drive add language that helps cities crack down on prostitution and human trafficking. You will find no stronger advocate than me for getting the parlor out of massage. My fear that without limits, it will also encourage cities to bring back the old restrictive parlor laws that included $2000 business license fees, same sex only massage, prohibited massage on children, expensive annual police investigations, mandated unlocked offices, viewing windows into the treatment room, extra certifications and memberships, and prohibition against stand alone massage practices.

Without some sort of limit on municipal jurisdiction, perhaps tying it to the business licenses of other licensed or healthcare professionals, we could be revisiting those difficult days of a patchwork of qualifications for massage therapists to practice. The Illinois code, for example, limits the right to regulate massage therapy to the state.

There are two similar anti-prostitution bills also working their way through the House and Senate, HB Bill 1256 and SB 304.

I could not find a schedule for the Senate General Session, so I called the Secretary of the Senate Office. She told me there was no web published calendar but referred me to a house resolution that did not seem to contain a schedule. She did go on to say that if the committee passed it this morning, the report of the committee will be read the following session, which starts this afternoon at 2:00 p.m. At the next meeting will be the 'Second reader,' Tuesday earliest, since there is no general session on Friday or Monday. Wednesday will be the first session the Senate can pass it.

You can find your Georgia State Senator by district, by name, or by your home address. You can also find out when committees meet by consulting the Senate or House calendar. I suspect once the Senate passes it, it will be referred to committee by the House before it reaches their floor. If someone would like to clarify that, I would appreciate it.

If you would like to contact your senator and give your feedback on this bill, you would need to contact him or her before next Wednesday. There is an update on the AMTA-Georgia Chapter website, or you can contact your group, ABMP or IMA, for more guidance. There is also a discussion group on ABMP's Massage and Bodywork forum.

SB 364 Proposed amendments to the Georgia Massage Therapy Practice Act affects municipal regulation

2010-02-15T13:52:00.007-05:00

2/10/2010

Summary

A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be
suspended for certain time periods; to provide for reinstatement under certain
circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

Among the proposed changes:

Section 1 (d)
Any person, upon being convicted a first time for a violation of this Code section, shall be guilty of and shall be punished as for a misdemeanor. Upon being convicted a second time under this Code section, such person shall be guilty of and shall be
punished as for a misdemeanor of a high and aggravated nature. Upon being
convicted of a third or subsequent violation of this Code section, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both."

Section 2
(b) After notice and hearing, the license of any person licensed under this chapter who is found guilty or enters a plea of guilty or nolo contendere to a violation of Chapter 6 of Title 16 shall be suspended for not less than one nor more than two years on the first occurrence, not less than two nor more than five years on the second occurrence, and permanently on the third occurrence.
(c) A person whose license is suspended under subsection (b) of this Code section
for a first or second occurrence may apply for reinstatement after the suspension
period set by the board and pay a reinstatement fee of $1,000.00 in addition to any and all other fees that may be required."

Section 3(b)
Persons licensed under this chapter shall be subject to regulation by counties or
municipalities with regard to the operation of massage or massage therapy businesses within the jurisdiction of such counties or municipalities, the licensing of such businesses, and issues regarding health, safety, and protection of the public in connection with such businesses."

(NOTE: I spoke to Sen. Unterman regarding this section and she said that some municipalities were having trouble with illegitimate practitioners. They complained that the language in the original bill was vague. The purpose of this section is to give municipalities the power to stiffen the regulations so they can help protect our profession. When I mentioned that some municipalities were writing regulations that also made it difficult or impossible for legitimate practitioners to practice, she said those with problems also need to come forward to testify. More later.)

Section 4(c) increases makes the third violation a felony and increases the fines to not less than $25,000.00.

Sponsored By

* (1) Staton,Cecil 18th
* (2) Unterman,Renee 45th
* (3) Murphy,Jack 27th
* (4) Brown,Robert 26th
* (5) Douglas,John 17th
* (6) Chance,Ronnie 16th

SOURCE: http://www.legis.ga.gov/legis/2009_10/search/sb364.htm

Find your state senator:

Want to search for upcoming bills that may affect your practice?

Go to the Georgia General Assembly Legislative Search Page and search keywords
such as "massage". Many of the bills will be city charters.

Want to learn more and join the discussion?

Join the Yahoo!Group Georgia Massage Therapy Network, or if you would like to discuss this on Facebook, the AMTA-Georgia Chapter has a page. Join and ask questions, offer information, or give your opinion. Or visit the AMTA-Georgia Chapter website, contact the Government Relations Chair or Chapter President.

New School in Georgia

2009-05-17T20:24:00.002-04:00

There's a new massage school in Georgia, the Georgia Massage School in Suwanee. It has been founded by longtim Atlanta School of Massage teachers Laurie Craig and Rick Garbowski. From their website, it is unclear what the focus of the school will be, just that it will be a 500 hour school. Best wishes for a successful startup. Their webite is www.georgiamassageschool.com. If you know them, let them know you support them.

History and Timeline of Massage Therapy Legislation

2009-01-29T13:26:00.004-05:00

On Thursday, March 31, 2005, the Georgia Massage Therapy Practice Act (SB 110) passed the House of Representatives. On May 10, 2005, Governor Perdue signed it into law at 5:00 p.m. This act professionalized massage therapy by setting minimum standards, a minimum of 500 hours of core education from a state approved school and have passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) or a similar certifying examination that is approved by the Licensing Board. A generous grandfathering provision expired on July 1, 2007. Jane Johnson (Marietta), then Chapter President Robb Doyle (Atlanta).

Members of the AMTA-Georgia Chapter were very active in getting this bill passed, as well as representatives from the Federation of Therapeutic Massage, Bodywork and Somatic Practice Organizations. Opponents of state regulation also influenced the bill.

But that was not the beginning. I remember sitting in a committee in the State Capitol Building after graduation and while I was teaching at the Atlanta School of Massage. Our student recruiter gave an excellent presentation, and the man sitting next to me commented that the Atlanta School of Massage supported this legislation because they were the only school in the state. I commented to him, a member or lobbyist for the medical board, that there was another school starting up, and soon there would be a second school.

There might have been efforts before that. The reprint below from the Illinois Chapter of the AAMM indicates that massage legislation was of interest to Georgians in the 1960's, although I do not know of any record that a bill was ever introduced.

Building an Oral History
By contributing to this blog, we can build an oral history of massage legislation in Georgia. Were you or someone you know involved? What was your or their involvement? Do you know the number or title of any of the bills that were previously introduced?

Policy on Gift Certificates

2009-01-29T10:58:00.002-05:00

As the Christmas season has ended and clients have are redeeming those wonderful gifts of massage, perhaps this is a good time to review our policy on gift certificates. I recently participated in such a discussion, and it became clear that there are many variables that massage therapists need to clarify for themselves and their practice.

These are a few of the decisions we need to make in writing our policy on gift certificates:

Are expiration dates legal where you work?
Should you have an expiration date, and if so, for how long?
What happens after the expiration date? Do you still honor it, or does something change?
Do you honor the recipient when they want to switch services or request a refund?
Who 'owns' the gift? If you need to alter or refund services, should it be to the giver or to the recipient?
Does it risk hurting the relationship between the giver and recipient if the giver is informed that the service was not redeemed? What is your responsibility in this?
Do you have different policies for purchased gift certificates and donated gift certificates -- cash value, expiration dates, missed appointments, etc.?
What is the best balance for you and your practice between customer service and honoring your boundaries?

What is your policy on gift certificates?

HISTORY OF GEORGIA STATE CHAPTER A.A.M.M

2009-01-05T18:22:00.003-05:00

by Martha McLeod

On Saturday evening. 8 o'clock, July 28, 1951, at 65 1/2, North Broad Street, Atlanta, Georgia, a group of men and women licensed to practice massage and physical Therapy in the State of Georgia, called their first official meeting.

In the Spring of 1951, D. S. Carlson, Rome, Georgia, of his own accord and at his own expense, toured the state to seek and find present-day pioneers of the highest calibre in the Massage and physical therapy field. Upon his return home, he started a correspondence with those whom he deemed worthy to become leaders in organizing a state chapter, and eventually to become a unit in the national organization.

The meeting in Atlanta was attended by nine practitioners, who became the chapter members, as follows:

Arnold lngeman
Mrs. Geo. T. Brown
D. S. Carlson
Levona Lee Conger
Theodore Hall
Gertrude L. Hunt
Martha McLeod
L. A. Snipes
and Karo Whitfield.

The Massage Registration Act was the first order of business. (A bill introducing this Act having been presented to the State Legislature on January 12, 1952.) An election of officers was held and the following were elected:

Arnold lngeman, President
Martha McLeod, Vice-President
D. S. CarJson, Seretary-Treasurer

The second meeting of the Georgia State Chapter was held at 65 1/2 North Broad Street, Atlanta, Georgia, on September 8, 1951.

At this time a report was made by Arnold lngeman and D. S. Carlson regarding their attendance at the National Convention, held in Kansas City, Missouri, August 1 through the 5th, 1951. On August 5, 1951, the national organization officially accepted the affiliation of the Georgia State Chapter. Present at this initiation were: Arnold lngeman, President;Martha McLeod, VicePresident; D. S. Carlson, Secretary-Treasurer;and Mrs. George T. Brown, Charter Member.

The third meeting was held on January 26, 1952, at Macon, Georgia. The Chapter reported three new members as follows: Lillian Gill, Nannie Gurley, and Clarence Jones. At this meeting the foundation was laid for some real progressive steps toward organizing the state into one body whereby members might become helpful to each other.

Martha McLeod has suggested a state slogan which she believes might be a good one for the entire organization.

"In every rank, both great and small
May love direct and support us all."

From The Masseur, newsletter of the Illinois Chapter A.A.M.M., graciously shared by Patricia Benjamin. The American Association of Masseurs and Masseuses was the original name of the AMTA.

History of the AMTA-Georgia Chapter

2008-03-30T14:37:00.000-04:00

The AMTA-Georgia Chapter posted an article on the history of the chapter. In the article, it mentioned that the Georgia Chapter was chartered in 1984, the year I began massage school. This did not sound correct. When I had contacted the national office several years back, they said told me our chapter began in the fifties, although I cannot remember the exact year they had given me. I remember the early years, but I was not here when it began. Officers that preceded me included Pam Martorano, Dana Whitfield, Jim Gabriel, Belinda Callas. Letitia Allen had mentioned that she was the first President.

For those of you who were around in those days, what do you remember? Who do you remember being involved in both the AMTA, the Georgia Chapter, and in massage therapy?

Is the Massage Field Saturated?

2007-10-12T00:32:00.000-04:00

A colleague mentioned that the market saturation of massage is a myth. Market saturation isn't a myth, but rather an economic concept that is centered around supply and demand. Our profession certainly has been affected by it, but whether or not a certain market is saturated is a little more complicated.

Being the eldest child growing up in a family where survival was a concern, the possibility that there might one day not be enough clients for me to survive has always whispered in my ear. But that is something internal, something that sneaks up behind me when I'm not looking, something that I will probably deal with the rest of my life. But, funny thing, it's not necessarily related to reality.

What I have found over the many years of my career is that as massage therapy has become more popular and more massage therapists have come into the market, the flavor has changed. No longer do people tell me that they're thrilled Atlanta has a massage therapist. They now tell me about all the other therapists they have been to around the corner and amongst their family and friends. Yet they still come.

Okay, so I'm no longer exclusive. Now I am competitive. That in itself' is not a bad thing. Now I can justify the decoration and equipment and, of course, the additional training to make myself a better practitioner and improve my professional image. Oh wait, a better practitioner with a more professional image. Now that's not only competitive, but also something I always wanted to do anyway.

Then came the massage schools. Georgia has grown from the one school I attended to over 30, with at least six within a mile of my office. Now they're punching them out like Detroit used to punch out cars. And, now they're calling me every week looking for a job. But I'm established and experienced and pretty good, so that hasn't had a big effect.

Now comes the Wal-Marts, a.k.a Massage Envy, which has opened within a mile of my office and on my street. Funny thing, from the time the sign went up, and before they even opened, I have had a surge of clients calling. I think the sign actually served as a reminder that they were overdue, probably something I should have been doing myself, since the city won't allow a sign
in front of my building because my landlord has taken on city hall a few times too many.

I don't think massage saturation is a myth, but that the market will always right itself. More practitioners have left massage because they can't get a foothold is probably true. The Massage Envy's have given them a chance, though at a lower wage than former entry level opportunities, which means that a few more cannot afford to pay their dues in that way. But practitioners left in earlier days because they couldn't fill their schedules and Massage Envy supposedly supplies the expertise to fill those schedules, so the net earnings for a new practitioner might just be about the same or even better. Meanwhile, massage is becoming more and more popular and it's so flexible that it can adapt to many market demands. Relaxation, papering, sports, clinical, bodywork, energetic, spa. There are so many reasons to get a massage that it continues to appeal to a wider and wider spectrum of consumers.

I suppose we'll go the way of other services, that we'll have to become more efficient or more specialized, build a more solid reputation as a practitioner, or find a new market to survive. Those looking for training will eventually come to understand that not all schools are alike, and some will close. And, alas, we'll have to do a better job of marketing and managing our businesses. One possible benefit from folks who hire us is that they will have a more and more hungry short list of practitioners to hire. Hunger might breed better employees, better practitioners more prepared for an eventual independent practice.

The New AT&T

2007-09-08T04:13:00.000-04:00

Has anyone had trouble with the New AT&T? They have been adding charges to my bill that I didn't authorize. About the time they merged, they began hounding me to upgrade my DSL Lite, calling sometimes multiple times per day, evening threatening that I couldn't keep the Lite. I'm a small business, not a gamer, and really don't need any upgrades. One day the upgraded charge (from $30 to about $85) appeared on my bill. They did promptly credit me and downgrade my service.

Then they did call and offer to add on free long distance and even reduce my bill. Suspicious, I questioned them at length, asking several times if it was a promotion or if it would affect my contract in any way. They assured me that it wasn't a promotion but a regular fee, that my bill would even be less, that other companies were killing them, so it was not a promotion and wouldn't affect my contract in any way. So, reluctantly, I agreed.

Well, a $20 charge started appearing on my bill. I called and they wouldn't credit me previous months but they would take it of my bill.

This month, I received my bill with a questionable $20.00 fee. I called and as he was talking to his supervisor, I was abruptly disconnected and could not call back because it was now after hours. During the call, he said he was working with his supervisor and was indicating that since I agreed to the service, I couldn't get a refund. I replied that although I had agreed to the service, I had agreed to it without any additional fees.

In addition, I have lost some of my features in Complete Choice - ring control and pager notification. Each time I call them, they say it is fixed, but it never seems to work.

My contract with BellSouth is up November 5th and I am contemplating switching to Cavalier. I use them at home and notice no difference except the DSL is full speed for less. With their lowest business plan, I would get 100 hours monthly of long distance, much more than I need plus DSL, all for about $55.00 plus all the junk fees. With AT&T, I am currently paying $73 plus junk fees, $93 with the unauthorized long distance charges, $142 without a contract. Cavalier has no contracts.

Ideally, I would like to port to my mobile, but haven't found a reasonably priced DSL-only fee for my small business. Even at $50.00, it's about the same as having a phone line and the DSL with Cavalier. The only thing that they do not offer, at least with my home service, that I use is Remote Call Forwarding, Ring Control and Page Notification, but I think I will be able to live without that. Does anyone know of a better small business offering?

Perhaps one lesson is to record all business-related phone calls. The call center also recommended that I write them confirming the conversation and keep a copy.

Is change always good?

2007-08-07T15:23:00.000-04:00

An editorial I wrote was published in the August 2007 issue of Massage Magazine titled "Oh no, not another exam." I wrote it from a practitioner's perspective about the new examination from the Federation of State Massage Therapy Boards (FSMTB) about the possible negative impact of veteran massage therapists as new qualifications replace old ones.

I do want to say that I am not attached to the NCBTMB. Indeed it caused me many problems when it became widely accepted and changed the standard for the entry level practitioner. I do not pretend to be an expert on the subject and there may, indeed, be reasons to change the exam, but man, we were so close to having a universal exam. Why change it now?

Why does massage feel so good?

2007-08-04T01:30:00.000-04:00

Withing the first few days of massage school we saw what we called the "touch video." I do not know the name of it, but I think it was from Nova. It visually described how important touch is to being human. If a newborn receives everything he needs except human touch, he will die.

There was an experiment at a corner store in which the checkout clerk would sometimes avoid touching the customer when they gave them change, and sometimes touch them ever so slightly. Outside a census taker would ask them how they rated the store and if the clerk touched them in any way. Those who had been slightly touched said they weren't touched, and their rating of the store was significantly higher than the group that was not touched.

I think massage feels good because humans need touch to survive. Touch heals us and completes us and makes us fully human.