Legal Issues
Each state passes it’s own laws that pertain to
regulated professions. Generally states only
regulate professions to protect the citizens of that
state from harm. Many professions are not
regulated because the state does not believe that
the professional practice could bring harm to the
public. Animal massage is regulated in scores of
states under veterinary laws. Every state regulates
veterinarians and each state has its own definition
of what the practice of veterinary medicine
consists of. Some states like California do not
regulate animal massage because they have
determined that animal massage does not hurt the
animal or hurt the public. The California
Department of Consumer Affairs
(http://www.dca.ca.gov) manages the various
regulated professions in California
file://localhost/(http/::www.dca.ca.gov:about_dca
:entities.shtml).
The California Veterinary Medical Board
(http://www.vmb.ca.gov) was set up by the state
legislature to regulate veterinary medical
professional and set standards for these
professionals. The legislature of each state makes
relevant laws regarding each regulated profession
and generally gets feedback from the various
stakeholders in that profession before making a
law. The VMB in California sets the standards that
will comply with the law and issue licenses, to
qualified professionals, to practice in the state.
They can revoke or suspend this license if the
practitioner does not follow the board’s
guidelines. It is important to know whether
massage is, or is not, allowed in the state you
choose to practice. The IAAMB, (International
Association of Animal Massage and Bodywork)
keeps an updated page on various state massage
laws, (http://www.iaamb.org/reference/statelaws-2013.html). This is a good and reputable
organization to join as they offer good liability
insurance coverage.
The VMB has tried, on various occasions, to pass
legislation that would prevent massage therapists
from doing animal massage in the state of
California. The state legislature received so much
negative feedback from concerned animal lovers
that they pulled parts of the impending law that
pertained to regulating animal massage. The VMB
tried to do this twice in the last decade and both
times failed due to strong feedback from the
public. The VMB has now given up on this effort
and has finally stated that they will not go after
massage therapists because there is no evidence
that they hurt animals or the public. There have
been recent court cases, in other states, that have
“shot down” laws that were meant to regulate
animal massage under veterinary laws.
Laws are there to protect the public and public
property. The courts generally need specific proof
that someone could do harm before a law is
regulated. Non-the-less, many states still have
very strict laws that will not allow anyone, other
then a vet, to do massage or swim therapy. A
person can go to jail or receive a large fine if they
are caught doing professional massage on a
animal.
Most states allow the animal’s owner to dictate
what treatment they want to give to their animal
because, in all states, animals are considered
chattel. The only thing the owner can’t do is abuse
the animal, but this is really a hypocritical stance
since owners regularly kill cattle and cut off parts
of the animal’s bodies without anesthesia. This is
considered mayhem under human laws.
In most states, including California, you cannot
claim that the massage you are doing “treats a
medical condition”. You cannot prescribe a
drug, vitamin, or herb, and you cannot
diagnose a medical condition. This is
important for you to remember. These laws
should be followed in order to maintain good
relationships with DVM’s and also to avoid any
trouble. Remember, the DVM has gone to college
for over four years and has more knowledge then
you. When suggesting a treatment such as
massage, stretching, diet modification, exercise or
any other treatment affecting the animals health,
always suggest that the caretaker contact the DVM
and ask if your suggested treatment is
appropriate. If possible, give supporting evidence
in terms of web links, journal articles or book
titles that might help the caretaker and their DVM
understand why you are suggested that particular
intervention or method of treatment. In the end it
is always up to the caretaker to make a decision
on how they want to treat their companion, not
you or the DVM. When suggesting strengthening
or stretching exercises for the caretaker to do at
home with their companion, send them home with
a clear picture of how to do this, how often, and
how many repetitions. This should be reviewed by
their DVM first if possible. It would be a good idea
for you to buy a set of templates to hand out from
Canine Rehab Products
(http://www.caninerehabproducts.com). Once
you buy the cards you can print them or email
them to your client and have their DVM give
feedback. I have given you some samples of these
cards in the Google Drive Animal Massage Class
Handouts folder.
From time to time you will hear something that
the DVM has told your client that you don’t agree
with. If you do not agree with the information,
then give your client evidence that might help the
client get another perspective. Never make the
DVM look bad or argue with the client or DVM.
This will only give the DVM a bad attitude about
you and animal massage therapists in general.
DVM’s are notorious for selling their clients bad
pet food. You can direct your clients to websites
and informational books which will help them to
make up their own minds about what is right for
their companion. Still, the DVM should look at
what the caretaker would like to change and then
give them feedback. DVM’s know more about
special needs diets then you or the client. We will
talk more about diet in the class on animal
nutrition. I am trying to point out here that the
DVM may be prescribing a type of food for a
medical condition that an animal has and the
caretaker should pay attention to this.
In general you should have a list of DVM’s that you
work with, respect, and feel confident referring
your clients to. You should also have a list of
complementary veterinary health care
practitioners to refer your clients to as well:
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Veterinary Acupuncturist
Veterinary Physical Therapist
Veterinary Nutritionist
Animal trainers
Agility trainers
Dog walkers
Natural groomers
Pet sitters
Other massage therapists
In general, please remember to keep good
relationships with other professionals in the field.
You represent a fairly new profession and should
set a good example to DVM’s, your clients, and to
other allied professionals. You can either help or
harm other animal massage therapists by your
good or bad professional demeanor; and thereby
help or harm the animal’s chances of getting good
massage in the future.