A NH House Bill was presented earlier this year to eliminate regulation for massage therapy and other professions (See Analysis below). The sponsors of the bill stated in a hearing that they believe the regulation restricts competition, unfairly keeps people out of the profession who cannot afford the training or choose not to have the training and limits public access only to those who are licensed.  One sponsor stated that he thought if his neighbor did hair cuts and he wanted to pay her to do haircuts in her kitchen that should be up to him and not regulated by the state.

As a professional, I am most concerned about the inclusion of massage therapy and massage therapy establishments. As a citizen of NH and consumer, I am concerned about the inclusion of several other professions.

Our State Chapter of the American Massage Therapy Association has drafted text which may be used by consumers of massage to write their Senator or House Representative in opposition of this bill. The text follows below.

My concerns about massage therapy and massage therapy establishments include the following:

  1. Untrained practitioners may cause harm. There are many considerations with various chronic illnesses and conditions (somewhat permanent conditions such as osteoporosis, arthritis, vascular ailments, heart conditions, allergies) and with various acute conditions (temporary situations like sprains, strains, infections) that are reviewed by trained therapists to ensure providing safe treatment. Licensed therapists also know the signs and symptoms of many conditions and can direct clients to properly trained professionals when necessary.
  2. Current licensing prevents those who have been convicted of felonies from holding a license.  While not all perpetrators have been convicted, at least those who have a history of physical abuse, sexual abuse, violent behavior and many other such undesirable characteristics are precluded from currently practicing massage therapy.
  3. Massage therapy establishments are used to disguise slave and sex-trade. There is a large problem in the U.S. of women being brought in from third world countries and placed into slavery situations. If licensing is voluntary, it will be more difficult for the general public to distinguish between legitimate and safe establishments for therapeutic massage and it will make it easier for unsavory characters to open such parlors. Google and you will find numerous situations, most recently in Southern California. Is this right for NH?
  4. Supporters of the bill argue that increasing competition would lower the cost of massage. There are currently many options to receiving massage that fit nearly every budget, i.e., student clinics and franchise massage locations where massage is substantially lower than private massage practices. Therapists in these locations generally receive lower pay, participate in less continuing education yet provide a good general massage treatment in an environment that is safe for them and for their clients. Decreasing the licensing and thus the minimal education required to provide massage in the State of NH  decreases the safety factor for the consumer. The same can be said of hair cutters, cosmetology, estheticians.
  5. Consumer beware! Sponsors state that consumers should do their own evaluation, listen to word of mouth, etc. to decide who and whether a licensed person is needed.  This is great for consumers who know enough about the service they are seeking to make that decision. Unfortunately, I do not know enough about what a Fish and Game Guide should know in order to pick someone who will keep me safe in the woods. I do not know enough about the psychological training that a family mediator should have to provide that service. I trust that there are regulations and regulatory committees of either the profession or in the State that create and maintain those guidelines so that I can easily identify someone who is properly trained.
  6. Recourse: Currently, if a licensed massage therapist performs in an unethical manner or is found to exceed the scope of practice, a report/complaint may be filed with the State Massage Therapy Board and recourse may be taken up to and including removal of their license. If deregulation occurs, there will be no recourse for the consumer except to file a civil complaint against the therapist!
  7. Removal of State Licensure does not preclude municipalities from having their own regulations. This criteria was used in Massachusetts for years and made practicing difficult for many therapists. If each town decides they need to regulate, more administrative burden is placed on the town, the therapist may need to gain a license in each town in which they provide treatment (a burden if you are a therapist who primarily provides in-home and in-your-office treatments). Besides, the current State Department expenses are covered and the State makes a small profit on current licensing due to the volume in one location. This will not be the case for individual municipalities.

I could go on, but you need to decide whether regulation of the massage therapy profession in the State of NH is something you think should be continued and want to support.

I hope you will support continued license requirements for massage therapy and massage therapy establishments. If so, please consider sending the below letter or email to your NH State Senator & House Representatives.

Summary of Bill:
11-0140
10/05
HOUSE BILL 446-FN

AN ACT repealing the authority for regulation of certain professional occupations.
SPONSORS: Rep. Bowers, Sull 3; Rep. Kurk, Hills 7; Rep. Cohn, Merr 6; Rep. Pratt, Hills 7; Rep. Lambert, Hills 27
COMMITTEE: Executive Departments and Administration
ANALYSIS – This bill repeals the regulatory boards and authority for licensure or certification for barbering, cosmetology, and esthetics, including tanning facilities; landscape architecture; court reporting; athletic training; recreational therapy; family mediation; hunting and fishing guides; athlete agents; massage therapists; reflexologists, structural integrators, and Asian bodywork therapists; and hawkers, peddlers, and itinerant vendors.

Full text of the Bill.

Who’s my Legislator:

http://gencourt.state.nh.us/house/members/wml.aspx

http://gencourt.state.nh.us/Senate/members/wml.aspx

To find Email or US Mailing Address:

http://gencourt.state.nh.us/house/members/housemembersemail.aspx

http://gencourt.state.nh.us/Senate/members/senate_roster.aspx

Sample Letter or Email Text:

Dear Senator ____ or Representative ____

I am writing to express my concern about HB 446. I have been a consumer of massage for (X) years and in those years I have seen and experienced how the profession has evolved. Although I have used massage for stress reduction, it has also helped me through physical pain when I could barely move. I trust my therapist to give me the best treatment as well as know their own limitations by referring me to a doctor or physical therapist or other health care provider when needed. Massage therapy is a critical part of my health maintenance program.

It is my opinion that massage therapists need to be licensed in order to ensure competency and public protection. This is something I expect just as I expect my physician to be licensed or my lawyer to be licensed. And while word of mouth is the best advertising, knowing my therapist is also licensed tells me they have passed minimum educational and ethical standards. It provides a recourse should a problem or concern arise

I believe that deregulation takes a step backwards. The compromise of voluntary licensure will only keep the honest and responsible licensed while the others will not be held accountable. I hope that your vote on this bill takes every concern into consideration.

Sincerely,

your name

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