Massage therapy legislation
2016: How you can help
Becky Bowers-Lanier, President - B2L Consulting
becky@B2Lconsulting.com
bowerslanier@gmail.com
What we’ll discuss:
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What the massage therapy bill aims to do
A review of Civics 101 or what you
should’ve learned in high school if you
were paying attention
The political landscape
What you need to do to get our bill passed
The massage therapy bill (right now)
• Changes the Code of Virginia on the regulation of
massage therapists from state certification to licensure
• Makes small changes to the definition of MT
• Adds a section about who is exempt from licensure
• Makes technical changes in the law to change
certification to licensure
• Adds applicants for licensure to the list of individuals
who must submit to fingerprints and national criminal
background checks
• Removes outdated language
• Enactment date postponed to 2017
Important points to be made
• Licensure is the most appropriate type of
regulation for MT:
– MTs practice autonomously and in one-on-one
settings with clients.
– MT practice has the potential to harm the public
from negligence, incompetence, or unethical
behavior.
Additional important points
• In some jurisdictions people are practicing MT
under loophole in current law. May be
associated with:
– Human trafficking.
– Prostitution.
• Some jurisdictions have on their own required
all who practice MT to be certified (exceeding
state law).
How will licensure benefit me?
• Protects my practice because it makes it illegal for
unlicensed people to practice massage therapy.
• Having a license may help make your case for
insurance reimbursement.
• Puts me in the same place with other licensees of
the Dept of Health Professions like nurses,
physicians, pharmacists, acupuncturists, physical
and occupational therapists, and the like.
How will licensure help the public?
• The public should be assured that when they
receive services from a massage therapist, that
person has met the requirements for licensure in
Virginia.
• The public has assurances that they can complain
to the Dept of Health Professions if they believe
they were harmed by a massage therapist.
• It may be more difficult for individuals to
participate in human trafficking under the guise
of massage therapy.
What are the nuts and bolts of the
proposed licensure bill? (see slide 2 or look
below)
• Changes the Code of Virginia on the regulation of
massage therapists from state certification to licensure
• Makes small changes to the definition of MT
• Adds a section about who is exempt from licensure
• Makes technical changes in the law to change
certification to licensure
• Adds applicants for licensure to the list of individuals
who must submit to fingerprints and national criminal
background checks
• Removes outdated language
• Enactment date postponed to 2017
Current and proposed definition of
massage therapy
"Massage therapy" means the treatment
of soft tissues for therapeutic purposes
by the application of massage and
bodywork techniques based on the
manipulation or application of pressure
to the muscular structure or soft tissues
of the human body. The terms "massage
therapy" and "therapeutic massage" do
not include the diagnosis or treatment of
illness or disease or any service or
procedure for which a license to practice
medicine, nursing, chiropractic therapy,
physical therapy, occupational therapy,
acupuncture, or podiatry is required by
law.
"Massage therapy means the treatment
of soft tissues for therapeutic purposes
by the application of massage and
bodywork techniques based on the
manipulation or application of pressure
to the muscular structure or soft tissues
of the human body.
The terms term "massage
therapy" "therapeutic
massage do does not include the
diagnosis or treatment of illness or
disease or any service or procedure for
which a license to practice medicine,
nursing, midwifery, chiropractic, physical
therapy, occupational therapy,
acupuncture, athletic training, or
podiatry, is required by law.
Other proposed changes in the MT law
• Exemptions from the licensure requirement
– Students under supervision of licensed MT
– LMTs from other states in Virginia for athletic
events
– Family members
– Other Virginia regulated health professions for
whom massage may be part of their practice
Criminal background checks
• Requirement for RN and LPN applicant licensure
effective 2017.
• Consistent with our position that some people
practicing uncertified are victims of human
trafficking or are practicing prostitution. This will
serve as a deterrent.
• May assist MTs to argue for changes in local
ordinances that require criminal background
checks
• Does NOT apply to those MTs holding current
state certification, only to applicants for licensure
Why the delayed enactment of the
law?
• The law will become effective in 2017 instead
of 2016.
• The delay will enable the Board of Nursing to
institute the criminal background checks for
all nurse and MT applicants at the same time.
• The delay will give an extra year to MTs who
are not currently certified to become so.
How will the law affect me?
• There will be no practical effect other than to
say that you’ll be licensed instead of statecertified.
• Also:
– No increase in fees
– No additional regulatory requirements
– No need to apply for your license. At renewal, you
will be issued a license; not a certificate.
– No need to get a criminal background check.
Now that you know the bill’s intents,
what is next?
• What you need to know to be a savvy
advocate.
• Basically:
– Who are your state delegate and state senator
– How do I get a hold of them?
– What do I say?
– How do I follow up?
– Why is this important?
And one more important thing
• For those of you who can come to the General
Assembly during the legislative session:
– Plan on coming to our legislative day where we do
seated massages.
– 5 East conference room February 3, 9:30-11:30
– If you are available, plan to come to the
committee meetings when our bill is deliberated.
• No times available, but if you think you want to
participate, let me know.
Review on three branches of
government
• Legislative
• General
Assembly
• Congress
• City Council
• Executive
• Governor
• President
• Mayor
• Judicial
•Courts
•Commonwealth
attorneys
The Virginia General Assembly: tidbits
• Citizen legislature
• House of Delegates
– 100 members
– 2-year terms
– Elected every odd year
• Senate:
– 40 members
– Elected every four years in odd years
The Virginia General Assembly Calendar
• Each even year
– 60-day session
– New members (every other year, HOD, every four
years, Senate)
– Budget adopted
• Each odd year
– 45-day session
– No new members (unless special election)
– Budget amended
Bills: From idea into reality
• Constituents express need for a change in law
• Need expressed to legislator or member of
executive branch
• Need put into legislative language
• Bill assigned to committee
• Committee acts on bill
– Amendments
From idea into reality (continued)
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House acts
Passed bill “crosses over” to other house
Process repeated
Bill passes
Same bill must pass in both houses
Passed bill on to the Governor
• Governor signs into law effective (usually) July 1st
• Bills may be carried over in the first year of the
biennium (even year)
Our licensure bill
• Will be introduced in the House only.
• Our patron is Delegate Roxann Robinson.
• It will be assigned to the House Health,
Welfare, and Institutions Committee.
• When it goes to the Senate (if it passes out of
the House), it will be assigned to the Senate
Education and Health Committee
Idea
Find patron and
draft language
Refer to committee
To house or senate
First reading
Second reading
Third reading
To opposite house
First reading
Second reading
To Governor
Third reading
Successful advocacy entails
• Many individuals and
groups saying the same
message
• In every venue
• From every perspective
• Using every event and
opportunity to deliver the
message
• Without unduly annoying
legislators!
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How is advocacy best achieved in a Frenetic fastpaced legislative session?
• Work done up front. December.
• Develop the issue way ahead of time and bring in
stakeholders early to comment and suggest changes
– Messy process but invaluable
– Expect and appreciate divergence of perspectives,
especially from those with a lot of skin in the game
• Talk with possible patrons early
– Majority party
– Interest in the topic
– Know how they work their bills
What advocacy consultants (like me) see as
success in meeting with your legislator
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Getting to know them before you need them.
Being polite. Get to know the legislative aide.
Learning the issue you are advocating for.
Telling a good story and backing the story up with
“facts”
Respecting others’ views. No trash talking.
Being mindful of the time.
Staying focused.
Using a one-pager.
Asking for their support and listening for their
answer.
Who will be opposed to our bill?
• Some conservatives who believe that there are too
many state regulations.
• Some people who are practicing massage now and
who do not want to be licensed.
• Our position:
– Massage therapy has the potential to harm the public if it
is not done properly. Therefore, licensure is the most
effective form of regulation.
– MTs almost always practice one-on-one with their clients
out of the public view. Clients needs this form of
protection.
– The enactment date will allow people time to get licensed
without a penalty.
Who is an effective advocate?
• Gets to know him/her before she needs them
• Believes in and can speak and interpret the message
• Knows her delegate and senator
• Gets a call back in 30 minutes or less
• Interacts even if differs politically and ideologically
• Responds within 24 hours to each request for
advocacy
• Reports back to the person making the request
• Works on campaigns (time, talent, and/or $$)
Engaging the Grassroots lobbying Effort
• Influencing members to support (or oppose) a
bill by constituents
• Methods
– In person
– By snail mail
– By email or fax
– By phone
Enter the lobbyist
Who are lobbyists?
• Many with law or legal expertise.
• From all walks of life.
• Full-time, employed lobbyists (think
Dominion, Verizon) may be experienced with
subject matter.
• Contract lobbyists (think someone like BBL)
must be quick learners.
Attributes of good lobbyists
• Know people.
– the relevant legislators and their aides
• Teach people
– Help others learn and become excellent grassroots
lobbyists
• Communicate with people
– Excellent interpersonal skills (speaking and
listening, interpreting nonverbal),
– learning what makes others tick
More on lobbyist attributes
• Adept at the art of persuasion
• Able to work “backroom” deals
• Maintain relationships with other lobbyists
whose clients may be on the same or opposite
sides of their clients
• Honesty (hard to believe)
• Able to “spin” the story
• Systems thinkers
• Sense of humor
The political landscape
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We have an ideologically split government
House will have a strong Republican majority
Senate: 19 Ds and 21 Rs
The statewide officials are all Democrats and
will remain so until January 2018
An individual has not started living until he
can rise above the narrow confines of his
individualistic concerns to the broader
concerns of all humanity.
• Martin Luther King, Jr.