80th
Texas State Legislation Update
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| Janine Ray, the TAMT Legislative chair, tirelessly corresponded and met with many legislators throughout the session to stay abreast of what was happening and to let the Representatives and Senators involved know the points TAMT would and would not support. Those points desired were: 500 hour minimum of education, an advisory board, and less exemptions for massage establishments. We felt if more than one massage therapist worked somewhere on a daily basis and there was not a health care provider of greater licensure on staff, the facility should be required to have an establishment license. TAMT also supported the licensing of all body workers who received compensation and used touch for purported health benefits. |
| Two bills, HB 1883 and HB 2957, proved controversial. While several groups generated controversy over the inclusion of Asian Bodywork, other touch therapies and internship hours, HB 2644 glided through the process, with the help of the CCST’s Lobbyist Jerry Valdez. In the meantime, HB 1883 and HB 2957 were both left pending in the Government Reform Committee in the House of Representatives. |
| TAMT attempted several times to add amendments to Rep. Rose’s bill, but were told that “they promised they would keep the bill pure”. So when HB 2644 was recommended to the Senate’s Local and Uncontested Calendar after the Senate Committee on Health and Human Services unanimously agreed to the bill (which meant it would go straight to the governor as it was for his signature) everyone thought it was a sure thing. That is, until the Senate sponsor, Sen. Royce West, removed it from the Local and Uncontested Calendar and put it on the Senate floor. At this time Senator John Carona from Dallas attempted to attach three amendments that basically mimicked Anchia’s bill. Two of those amendments were passed in the Senate. |
| Due to Rose’s previous commitment, he didn’t concur with the bill. He sent HB2644 to a Conference Committee, and left it up to the will of the House as to whether this bill became law. |
| Finally HB 2644 passed the House and the Senate and is currently waiting for the Governor’s signature or approval. What did change during the conference committee was the effective date of the bill. The law will take affect September 1, 2007, rather than January 1, 2008. |
| Another note of interest: Heather Muehr is leaving the position of Massage Therapy Program Director for the Texas Department of State Health Services June 1, 2007. When she realized what had happened with the effective date of the bill, she began compiling an Ad hoc Advisory Committee of Bodyworkers and Massage Therapy leaders across the state to help oversee the rule making process for the new law. |
| All in all it looks like we received everything we wanted, that is, if we can keep the Ad hoc Advisory committee. It may not have happened exactly the way we wanted it to, or it wasn’t as clean as we would have liked, but our objectives were met! |
| A great big thank you goes out to Janine Ray. Without her, we could not have had the presence or influence we had at the capital. |
| Written by Vicki Matthews, Vice President, TAMT |
| To Our Members: |
| The 80th Texas Legislative session was both exciting and productive for the massage therapy profession. House Bill 2644 passed and can be summarized into the following points: |
| 1. Licensing for all client contact therapies with purported health benefits. (NEW) |
| 2. Stronger establishment licensing. Most of the old exemptions are gone; only licensed healthcare professionals and licensed cosmetologists are exempt. |
| 3. 500 Hour minimum: 200 hours dedicated to the study of massage therapy techniques/theory and the practice of manipulation of soft tissue, with 125 hrs. dedicated to Swedish technique, 75 hours undefined (NEW). |
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| 4. No changes for internship. |
| 5. Defines an establishment “Operator” and “Owner”. |
| 6. Practical portion of the State Boards is gone. |
| 7. The courts will now have a much stronger legal case to prosecute unlicensed therapists or Bodyworkers, or unethical practices. |
| 8. Massage therapists with current licenses in Texas are grandfathered in under this law. |
| It began with three bills, all three including a change to a required minimum of 500 hours for the basic massage program: |
| HB1883 |
| Rafael Anchia, the Representative from Dallas, submitted HB 1883. Though this bill began as an attempt to control prostitution under the heading of Asian Spas, it turned into an effort to write a law that would bring Texas up to National Standards. Because of problems in his district, his additional intent was to license all body workers and tighten up exemptions for establishments. After hearing concerns from TAMT, he agreed to limit internship hours for basic programs, change the examination process to “a state approved exam”, and incorporate an advisory board for massage therapists. Rep. Anchia’s office spent two years diligently investigating the needs of the profession. He and his staff met with numerous body workers, school owners, associations and government officials to write a bill that incorporated the concerns of all the stakeholders of the profession; while still accomplishing his major objective: the prosecution of prostitution rings and prostitutes using bodywork as a cover. |
| HB2957 |
| The Texas Association of Massage School Owners (TAMSO) wrote the proposal for HB 2957 and Representative Jim Jackson from Carrollton authored the bill. Ex -Texas Representative Susannah Hupp was the TAMSO’s lobbyist. This bill exempted energy work and Asian body work from massage therapy law and allowed for up to 80% of a basic massage program to be internship. The private school owners realized that title IV funding would be available with the new educational requirements, and they wanted to use more internship hours to offer fee waivers to students who could not afford the tuition. Also Rep. Rose’s staff reported that some TAMSO members also expressed a religious conflict with certain types of bodywork being included in the massage therapy law. |
| HB2644 |
| The Career Colleges and Schools of Texas (CCST), an association representing member trade schools in the state, wrote the proposal for HB 2644 and Representative Patrick Rose from Austin authored the bill. This bill only raised the standards for basic massage education to a minimum of 500 hours and included a January 1, 2008 deadline. |
| After polling the membership and looking over the three bills, the TAMT board, decided to support HB 1883. |
Here are the links to the three massage bills as they are listed on
Texas Legislature On-line:
HB 2644 — New Massage Law additions
HB 1883
HB 2957
Warning -- SCAM artists targeting LMTs, Yoga Instructors, Musicians!
Here's a sample of the latest variation on the Nigerian Scam -- for LMTS and other small business providers. This recently expanded to small music groups performing at weddings, etc.
| From:
(ITALIAN-SOUNDING NAME) [mailto:(MTsoundingbiz@libero.it] Sent: Thursday, April 19, 2007 8:28 AM Subject: Massage Therapist needed Asap... |
|
Hello, How are you today? My name is Mrs (ITALIAN-SOUNDING NAME) , I live and work here in italy, i am 36yrs old. I have been doing massage since 1989.I do a deep relaxation massage in which the muscles relax without pain. I also do energy massage that helps people feel great when I am done. I am certified to do pregnancy massage. I have lots of happy clients here in italy. |
| I have a client Mr. (Another Italian Name) A model here in italy. he will be coming to the U.S in three weeks time for a modeling job and he will be residing in Texas temporarily until the neccesary arrangement for his job has been made before he leaves, I have checked with my fellow Massage therapist here in italy if they can refer me to any good Massage therapist in your Area but none of them could give me a referral. |
| Yesterday i met with an old friend, his name is (Mr. Somebody Smith) who gave me your name and your email address, He said you are a very good Massage therapist he said you worked on him when he came on vacation with his family to Texas two yrs ago. He said i should contact you that he is sure you will be able to give my client a good bodywork and relaxation massage. |
| Pls let me know where your office is located so that i would know if he will need transportaion to get to your office or your house. He will be needing bodywork and relaxation massage of 60 min session 3days per week for One Month . Mr.(Another Italian Name) asked me to come with him to the US but i told him i would not be able to go with him to the US as i have a course i will be going for in a week time. So i promised to help him get a good massage therapist in your Area. Pls tell me a little more about your self, how long have you been doing massage? and can you give him good bodywork and relaxation massage? |
| Pls i need you to get back to me with the amount you charge per Hr and also let me know if he can pay you via Cashiers Check? |
| Pls send your reply to my personal email address ( NameLMTish@yahoo.it ) because i dont really check this email box always. |
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Thank you very much and do have a nice day.. ITALIAN-SOUNDING
NAME |
| Never, EVER give out your personal or bank info, like routing and account numbers for a direct deposit. Your own bank or PayPal has this information -- contact them the USUAL way you contact them, if you want to double-check whether a scam is real. Do NOT click on any link in the suspicious email. Remember -- these people are professional thieves, they can do a pretty good job of making a web page look real. Go to your own, regular link to your bank or PayPal site. |
| Some ways to recognize these scams: |
| 1.) Google the address. For example, this is the address to Edison SpA, the Italian power company, at their physics lab in Milan. |
| 2.) Is the address you were contacted at one you don't use very often -- like one you gave to DSHS, that could be picked up by someone researching on-line? |
| 3.) Is the "Contact" a lie -- someone your files show no record of, a name that is very common? |
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4.)
Do they want you send you a Traveler's or Cashier's Check
-- and then have you deposit money from YOUR account into
their account? |
| 5.) Watch for a set time frame, such as "I need your services at least one hour per session 2 times per week for at least 4 weeks." Sounds like a prescription -- and how frequently do clients ask you for bodywork using that phrasing? |
| 6.) They don't ask you for your "rates" they ask about your "hourly rate" and try to negotiate high $$ packages. |
| 7.) Watch for bad spelling, typing, and grammar. These thieves try to make you think that they are professionals, that they are banks, etc. You will often find big errors in these letters that even a 12 year old in America would know was wrong. Watch for weird information, such as -- would you tell another professional you did not know how old you were in a "cold contact" such as an e-mail? |
| Unfortunately, this is so widespread and the victims so isolated, there's not a lot that can be done about this swindle. (A TAMT member reported that in her other profession, Internet fraud had to reach over $100,000 before the FBI would help. The FBI simply doesn't have enough people to keep track of fraud below a certain $$ amount.) |
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Here's a link to a press release warning about cases like this in California. |
National Center for Education Statistics definitions of all the professions under massage therapy, Asian and somatic bodywork.