Frequently Asked Questions about Massage Therapy Credentialing
This page contains some of the questions we have received since launching this website. If you have a question, there is a simple way to ask it - Go to the "Contact the Alliance" page of this site and fill in the form. We'll get back to you as quickly as we can. And if you give us permission, and it seems like a question others might have, we'll post it here along with our answer.
Questions and Answers
Question: The price of this is registration is so high. I have a friend who is a nurse and she pays less than $100/year. Why did you make it cost so much?
Answer: First off it is important to understand, we did not choose this cost. To determine the per practitioner cost, (what we pay for a registration fee) we had to take the state's numbers for what the credential would cost (office space and equipment; staff with salaries/benefits/FICA; Attorney General consult fees; etc; all the fees that every other health professional's credential has to cover) and then divide that total cost into the fees that we could legitimately estimate would be incoming. The costs are roughly proportionate to the number of practitioners we have. The reason the Nurses' fees are so small, is because there are so many of them, over 90,000, in MN. We don't even come close to that number. And for better or worse, MN State law requires the cost of an occupational credential to be completely covered by the fees that are paid in. And because the money that gets paid in goes into a special account at the state outside of the "general fund" with all the other health licensing and registration fees, it is not nearly as vulnerable to the budgetary/unallotment process that saw the CAM Law office funding be nixed as a result of. In the current budgetary mess the state is in right now, being able to say that our proposal is "budget neutral" is a piece we would not be able to pass go without.
Question: If the bill you are proposing passes in the 2010 session, when will it go into effect? Is that the same as when we will have a certificate to put up in our office?
Answer: If the bill we bring forward in the 2010 session, the law would take effect officially in Aug2010, but that is not the date we would have a certificate to hang on the wall. From Aug2010 to (probably) July 2011 the Nursing Board would have that time to appoint the Massage Therapist Advisory Council (from volunteers through the Secretary of State's office) who would then be responsible to establish the official rules, Standards of Practice, and all the forms that would be used to do the credentialing. Ideally that whole process would not take more than a year, but the wheels of government can turn pretty slow, so in answer to your second question, the earliest we would have a certificate to hang on the wall of our offices would be July 2011.
Question: The language of the proposed bill lists the MN Board of Nursing as the board that will oversee the Massage Therapists Advisory Council. Why could we not create our own board, and why did we choose the Nurses?
Answer: We needed to go under another board, instead of creating our own as the 2009 bill would have done, because we would not be able to afford to cover the costs of running our own board with a voluntary credential. Presumably there will be a portion of the profession in MN who does not register. The trick is however many professionals sign on for the credential, that is how many we divide the cost of administering the credential between. And with a lower number of practitioners, the shared cost of the administration of the credential goes sharply up per practitioner. So to be able to avoid some of the costs involved with the credential administration, we opted to go under another board. This is being done with several professions currently (Acupuncturists, Athletic Trainers, Respiratory Therapists, Traditional Midwives, and others) in MN, all to try to lower the per practitioner cost.
As for the choice of boards, there are several reasons. Nurses are routinely trained to use massage techniques, and there are enough Nurses who are also fully trained Massage Therapists to warrant a Nurse Massage Therapist professional organization. Also, in addition to the shared practice and understanding of technique, in August 2009 we conducted a survey open to Massage Therapists and Massage Therapy students who currently practice or plan to practice in MN. We asked the direct question, is there a board that would cause you to not voluntarily register. The vast majority of respondents said it didn't matter to them, but of those who said it would make a difference, the Board of Nursing garnered the least number of "I would not register under this board" votes. And again, as it is a voluntary credential, under which we are going to try to get as many Massage Therapists registered as we can, we went with the one which elicited the least amount of negative feelings.
Question: Your website talks about Licensing as if it were always mandatory, and Registration as if it were always voluntary, but this is not the case. In Virginia, Massage Therapists have a voluntary "License", and all over the country, the mandatory credential for nurses is "Registered Nurse". What gives?
Answer: Great observation! There are unfortunately lots of examples of the name of the credential being applied incorrectly, both in this state and across the country. In MN there is a law on the books that delineates what credentials are to be used for the different types of regulations. MN Statute 214.02 essentially establishes Licensing as the name of a credential that is mandatory to be able to practice that profession in the state (established by passing a "Practice Act"), and Registration as the name of the credential when it is voluntary (a "Title Protection Act") meaning only those choosing to have the credential can use the title, as in this case "Registered Massage Therapist". And although the names of these credentials have been used interchangeably by past MN legislatures and legislatures around the country, this particular legislature is especially keen on using the credential names for all newly created credentials the way Statute 214 sets it out. We're just trying to play by the ground rules being set by the legislators with whom we are dealing.
Question: How does a credential that is voluntary protect the public?
Answer: In a voluntary state like we are proposing MN become, the public would be protected by being able to look for a standardized credential, in this case "Registered Massage Therapist" or "RMT". This would not eliminate risk, as no credential, whether voluntary or mandatory can do that completely. But it would establish a means of redress when a credentialed practitioner steps out of bounds, something which is sorely lacking in MN. The credential would also give employers looking to hire a Massage Therapist the peace of mind that the applicant in front of them has been vetted to the extent possible, as well as allowing other health care professionals to make referrals to credentialed practitioners removing the fear of "vicarious liability" (liability that falls on the referring provider's shoulders for having referred to an unlicensed provider). And while a mandatory credential would certainly provide more protection than a voluntary one, we have found out through hard trial and error that this legislature is not willing to pass a mandatory credential for Massage Therapy right now. We are trying to pass a credential that will provide the most amount of protection for our potential clients as we can. And right now, that credential is a voluntary or Registration credential.
Question: It would have been great to know about the Licensing effort before that effort died. Why didn't you let people know about the fight so we could help?
Answer: In the lead up to the 2009 legislative session push, we launched a website, held a series of 16 Town Hall-style informational meetings all over the state, and sent several email blasts out to the MN memberships of both AMTA and ABMP. We have identified a few other means of getting the word out to even more people, and will be initiating those plans in the coming weeks and months, but now that you know about the effort, why not join us and help us pass the new bill. The first step is to get yourself registered with the Alliance as a supporter (which you can do HERE) and on your registration form, make a note that you want to help in the fight to protect our clients and the good name of our profession that we have all worked hard to create. The second step is to tell everyone you know, especially other Massage Therapists, about it and encourage them to get registered.
Question: Is being Registered with your Alliance the same as being Registered with the state?
Answer: No. Being registered with the ALMT is only a means for getting you the information you need about the effort, when you need it. When the state Registration bill passes, there will be an application process and of course a fee to pay to become state Registered. It will be voluntary for every Massage Therapist as to whether become state Registered or not.
Question: A Registration law that is a voluntary... What is the point of that?
Answer: While we agree it is not ideal, it is a starting place. And it is vital that it been understood, this is just the first step. The MN legislature is only willing to pass a voluntary law for our profession right now, because we are starting at the bottom of the mountain. Many other professions have had to start at the same place and take small steps and the legislators want us to take those same small steps as well. So if the only way they they are willing to let us progress is with small steps, doesn't it make sense to go ahead and take the first one? That is why we are now looking to start with a Registration bill.
Question: I was happy with the Grandfathering clause that was written into the Licensure bill last year since I didn't go through schooling before I started my practice 19 years ago. My first question is: Will this bill have a Grandfathering clause, and second, if so, will it have the same kind of criteria for Grandfathering as the old bill did?
Answer: This new bill will have a Grandfathering clause. Some of the criteria have been changed to shorten the bill a bit, but the essence is still there. If you have been practicing legitimate Massage Therapy, you will be able to get a state credential without having to go back to school or take an exam. For those who have gone to school or taken a national exam, those remain possible avenues to getting a credential, but for practitioners currently practicing, they remain options, not mandates.
Question: Does a Registration bill have an exemptions clause? Will I still be able to practice Reflexology without getting a massage credential?
Answer: When this law passes, you will not need a Massage Registration to practice Reflexology, or Shiatsu, or Trager, or Orthobionomy, or any other form of bodywork. While a Registration bill really doesn't need to have an exemptions clause, since the law will be voluntary even for Massage Therapists, we have written a very short exemptions clause into the bill just to be absolutely clear. It may get taken out in the legislative hearing process, but we have one in there as we head into the process.
Question: I heard because there was one school in MN that opposed the bill in 2009, the effort failed, and that now we have to rearrange the entire law we are going for. Is that true? Answer: While it is true there was a school that opposed our efforts in the 2009 session, their efforts at opposition only served to confuse the people who could have been served by the law. The real reasons for the failure in the 2009 session and what we are doing to remedy those issues are outlined on the Registration - Our New First Target page.
The following are Questions that were posed during the effort for a mandatory License law. We are leaving them posted here for informational purposes only.
Question: It is unconscionable that your proposed bill excludes other legitimate forms of massage and body work. What about protecting the hundreds if not thousands of clients being served by these other professionals?
Answer: While it is true there are other forms of bodywork being practiced in MN it is professional responsibility of those professions to police themselves to protect their clients. In addition to the myriad clients of other professions, this bill also does not protect the clients/patients of Phlebotomists, nor Social Workers nor Counselors nor Dietitians, nor should it. Those professions have, or are trying to get, their own laws. This is a Massage Therapy bill. If other legitimate forms of bodywork want their own law, they need to band together, as the Massage Therapists are trying to do here, and go for one. And if the Massage Therapy law passes, it would very likely be opening the door through which other CAM professions could enter in, if they so choose.
Question: Your language of making sure to "exclude" these other professions as a gesture of goodwill is misleading. Any excluded bodywork professional will not be able to take advantage of the benefits of this law nor pass on its advantages to their clients.
Answer: If the professionals you speak of want to be Licensed and want to reap the benefits of that credential for their clients, they can band together as the Acupuncturists and Naturopathic Physicians and Traditional Midwives have all done (and the Massage Therapists are trying to do currently) and take that step forward together as a profession. The exemption language you speak of actually does protect those professions, since if they are not exempted in the bill, any profession that uses techniques that could be considered massage techniques, would after the bill's passage, have to by law hold a Massage Therapy License. Since many of the practitioners of these other professions, while completely qualified in their own field, would not qualify for a Massage Therapy License, they would be potentially put out of business. So by being exempted, it is protecting them.
In the drafting of this bill we worked with the national organizations representing Asian Bodywork Therapies (AOBTA), Trager (USTA), Feldenkrais Method (FGNA), Alexander Technique (AmSAT), Rolfing/Structural Integration (IASI and the Rolf Institute), Polarity Therapy (APTA) and Somatic Movement Education (ISMETA), as well as the state-level organizations representing ABTs and Reflexologists. We also passed our bill before the professional associations of the PTs, DCs, NPs, RNs, LAc's, OTs, and more. And we did all that in good faith not because we had to, but because we wanted to make sure the language we used to exempt those professions would accomplish the intention, of allowing those professionals to continue to provide legitimate care to clients and patients without interruption from this law's passage. If a practitioner of another modality does in fact qualify for a Massage Therapy License, there is nothing stopping them from getting one.
And there actually is a benefit to the exempted bodywork professionals and their clients that can come from this law, even without holding a Massage Therapy license. If this law passes as drafted, with its mandatory licensing and resultant local city ordinance preemption, the city ordinances which currently restrict the practice of not only Massage Therapists, but unfortunately also other bodywork professionals, will be superseded, and will begin to be repealed by their respective cities. No city that we have called in our City Ordinance Project has reported having any ordinances on the books for Shiatsu or Reflexology or any other practice besides Massage. In all the cities that have an ordinance in place, the ordinance is just for Massage. So when those ordinances start to get repealed, 3-6-9 months after the passage or enactment of the state law that supersedes them, the other professionals who have been told they have to have a city massage license to practice Reflexology or Trager or Shiatsu or whatever profession they are in, will no longer have to have that license either. So they won't have to have a state Massage Therapy License (since they are not practicing Massage Therapy) and they will likely no longer have to have their city's massage license either (since they should not have been made to have one in the first place). Again, it would not be an immediate change, but once the cities get wind of the new state law, it is the expectation that they will act to update their ordinance codes and repeal those rules.
Question: It is clear this is a self-serving piece of legislation that serves only your narrow definition of what constitutes professional bodywork.
Answer: Again, this is a Massage Therapy law. It is not the goal of this law to regulate all professional bodywork fields. We have gone to great lengths to ensure practitioners who practice bodywork therapies in other disciplines will suffer no negative unintended consequences by the passage of this law. As for being self-serving, the work that has been put into this bill for the drafting and calling city clerks by over 70 Massage Therapists, employers, teachers, and students has been done for the benefit of the clients of Massage Therapists, since it is a bill to regulate practice of Massage Therapy. So for those cases where Massage Therapists are also Massage Therapy clients, I would agree, it is self-serving.
Question: Along with your grandparenting clause (a non-sexist way to describe it) why not 500 hours of education in Asian bodywork or other bodywork professions?
Answer: To the first point, we chose the term "Grandfathering" instead of "grandparenting" because the former is the generally accepted terminology of legislation in MN and across the country. And as was stated before, if Asian Bodywork or other bodywork professions want to band together within their own professions and get a Licensure bill for the good of their clients, they can. (I for one would support them in that effort.) And if and when they do, they can set their Grandfathering criteria at whatever they choose. For purposes of this bill, the Grandfathering criterion was drafted as 500 hours since the vast majority of the 42 states with a Massage Therapy credential have that as their hours requirement. Matching that mark allows the greatest amount of reciprocity between states.
Question: I cannot support this legislation as currently proposed.
Answer: I am sorry to hear that. It is our intention to get the word out about the effort and try to educate people about the anticipated effects it will have for clients. Those benefits include being able to choose a Massage Therapist based on their skill and the art of what they do, and not having to worry about safety concerns, by enacting a proactive layer of protection through pre-screening applicants. Taking the burden of regulating a health profession off the backs of the cities and in so doing, vastly increasing the access to care for clients. Removing the barrier of fear from physicians who have been to told be wary of liability issues when referring to an unlicensed Massage Therapist. Making hiring decisions easier for employers by having a standard, required credential where all the background checks have been completed. It is our hope that Massage Therapists and other professionals will see the benefits of these changes that would be effected by this law and support it on that basis.
Question: What is the legislative designation for this bill? I would like to look it up at the MN legislative website. Thanks.
Answer: The bill has not yet been officially introduced in the legislature. It is my understanding that as soon as that happens, it will be assigned a bill number and be accessible soon thereafter on the MN State website. As soon as it is available on the state's website we will post a link from the ALMT website to that page. But until that happens, it does not have a bill number nor is it available on the state's website.
Question: I took and passed the National Certification Exam years ago, and have always re-up'ed it when it has come due. I see being Nationally Certified is an option for getting "Grandfathered" as you say, but do I have to keep renewing my National Certification once I have my License?
Answer: What you say at the beginning of your question is absolutely right. If a practitioner has passed the National Certification exam, they can use that as a means to show they qualify for a License, along with the rest of the general criteria. But once you have gotten your License, there is no requirement that you would need to maintain your certification. Personally I would recommend that you do, but whether you do or not is completely up to you. National Certification will NOT be a requirement for Licensure under this law, nor should it be. It is merely an option for getting a License through Grandfathering. One of several options.
Question: I run my own massage therapy business and hate all the taxes I have to pay. When this law passes, will it effect that at all?
Answer: Yes it would. Right now, Massage Therapy services along with any products you might sell, are taxable under the sale tax laws in MN. When this Licensure law goes goes through, that will undoubtedly change, but there is good news and not so good news. The good news is the sales tax on Massage Therapy services will no longer be applicable. Products you sell from your practice will still have to have sales tax on them, but the actual Massage Therapy services will not be taxable at the current 6.5% sales tax rate. The not so good news is the Massage Therapy services would be taxable under what is called the MN Health Care Provider tax, which is currently 2%. This is a tax that any Licensed Health Care Provider must pay on their services. This includes, MDs, DCs, PTs, Acupuncturists and many others. It goes to pay for the state's Medicaid/Medical Assistance programs. There is a movement afoot amongst other Health Care Providers to get rid of this tax, and once we are Licensed and having to pay it, we can certainly join that fight if enough of us feel strongly about it, but for now we need to get our tax liability down to 2% first and before we can worry about getting it down to 0%. So the bottom line is, there would be a net drop in the tax you have to pay on your Massage Therapy receipts from 6.5%-2%. It is our understanding from what happened when the Acupuncturists became Licensed by the state that they were no longer liable for the county and city sales taxes that some communities levy either. So while the Department of Revenue cannot comment on the effects of a proposed law, the experience of the Acupuncturists certainly bodes well for our getting out of those taxes as well.
Question: I support the idea of having Massage Therapists be licensed, but I worry about the motives behind those who support the legislation. Isn't this just a way for schools to make more money?
Answer: If the only people in the Alliance were school owners and administrators, it would certainly seem that way. If the drafting process were run by Massage Therapy school teachers, we would certainly be opening ourselves and our effort up to this argument. And while the ALMT Steering committee does have a few members who work in Massage Therapy schools, they are not a majority. In the ranks of supporters we have Massage Therapists who went to school here in MN, others who went to school out of state, and still others who didn't go to school at all. On the Drafting Team, nobody who works for, owns or is in any way affiliated with a school was allowed to be a part of drafting the clauses having to do with educational requirements. The draft will include a provision stating the board that is established, which will have at least 7 members, and maybe more, can have a maximum of one member who is affiliated with a school. To do otherwise creates too much risk of a conflict of interest. The point of the law is to protect the public by establishing a standard level of education for new therapists, and to provide peer oversight of those in practice. While Massage Therapy schools provide a wonderful and necessary service for our profession, the Licensure law is not, and cannot be allowed to become, a means for one school to push out others. And while the net effect will be of benefit to the schools, in reality, that benefit will belong to the profession as a whole and ultimately to the clients who seek out professional Massage Therapy care.
Question: I run my own practice, volunteer at a food shelf 2 nights per week and have 2 small children. I support the idea of our becoming Licensed, but I can't make more time in a day than I already have, and you say you don't want our money but just our time. Are there ways I can still support the fight, even though I don't have any time to spend on it?
Answer: There are! The majority of our registered supporters don't have any time they can give to the effort. Just having them registered in our database so we know where our support is coming from is one of the best things we can ask for. If a practitioner or client who is a supporter has a little time to help in other ways, like for instance calling a few city clerks for our City Ordinance Project, that would be great, but one of the biggest keys to our success when our bill comes up in the Legislature will be knowing which Legislators' districts we have supporters in to be able to let the supporters know, it is time to "Call St. Paul!" We are getting new Supporter Registration forms everyday from all over the state and this is shaping up to be a great plan! So even if you have zero time to put into the effort, get registered anyway. We'll let you know when the time has arrived to make your voice heard.
Question: I don't have time to come out to meetings or work on projects, but I want to find out more. Could someone in the Alliance start a newsletter that would bring the supporter-base up to speed with the events as they unfold?
Answer: This is great suggestion! Because of this suggestion we will soon be starting a weekly email update. We will start by sending that out to the email list of Registered Supporters. If you don't want to receive these, just use the form at the bottom of the "Contact the Alliance" page and ask us to remove your email address from these weekly emails. These emails will also serve as an easy way to refer friends or colleagues to the Alliance who would want to be supporters, since all you'll need to do is use the "Forward" function of your email server.
Question: I noticed you are considering a national exam for licensing, to the best of my knowledge they all require 500 hours of a massage training. How will this affect people who have been practicing for a long time but do not have 500 hours?
Answer:The "Grandfathering Clause" is the answer to this quandary. A Grandfathering Clause allows those who have been in practice for X number of years to be able to get a License without having met the educational hours requirement. A license obtained through Grandfathering is just as valid as one obtained through having formal Massage Therapy school training/education and is renewed the same way as well. A license law is not aiming to put practitioners who offer legitimate Massage Therapy out of business. Some practitioners get their knowledge of how to help a client from a school, and some have earned that expertise through experience. Both can be Licensed with a well written Licensure Law. A Grandfathering Clause is a standard part of Massage Therapy laws across the nation and will be a part of ours here in MN.
Question: Once I get a MN License, if I decide to move out of state, will I have to get a Massage Therapy License in that state or will I be able to just work off the MN one I have?
Answer: The technical terms for what you are asking about are "Reciprocity" or "Portability". Each state has its own rules about which other states they will accept Licensees from when those Licensees move into their state and want to practice there. Usually the rule of thumb is, if the rules and criteria for getting and keeping a License are equivalent, the new state will streamline your application through a process called "Endorsement". But you do have to get their License, it will (theoretically) go a little faster if you have a License from MN and MN's rules are equivalent to their's. We are working to make sure the law we draft here will be equivalent to as many states as possible, to make it as easy on our practitioners as it can be in cases like this.
Question: Will having a License mean I have to offer insurance billing for my clients?
Answer: The simple answer is No. Having a License from the state will neither guarantee that Insurance companies will reimburse a practitioner, nor require that practitioners offer insurance billing to their clients. Offering Insurance billing is and will continue to be an individual choice of the individual therapist/practice. For those who choose to offer that service to their clients, having a License can in some cases lead to more client's insurance companies covering the services, but it is not a guarantee.There will be no requirement in our law that insurance companies must cover Massage Therapy services, and it sounds like more to this question, there will be no requirement that Massage Therapists offer Insurance billing to their clients.
Question: I have never paid taxes on the Massage fees I have collected. Does having a License mean I will now have to pay taxes?
Answer: The ALMT is made up of Massage Therapists, Bodyworkers, clients, teachers, school administrators and others. So far, however we do not have any accountants. But frankly it is illegal to not pay your taxes, so if you need to, you need to. To quote an old Marvin Gaye song, "There's only three things in life that's for sure: Taxes, Death and Trouble." There is a cut off after which anyone must pay taxes after having earned above a certain amount, and that is the same whether you are a Massage Therapist, a plumber, a taxi-driver, or anything else. You have to talk to an accountant to find out what that is, but the bottom line is, paying taxes is a part of life. And if you don't pay, Uncle Sam will come looking for you. (FYI - Al Capone died in jail after having been convicted of Tax evasion - Just pay your taxes for the love of Pete!)
Question: Will renewing my license require that I have completed continuing education?
Answer: That remains to be determined. Some states require as much as 12 hours of CE/year. Ours will likely not be that much, but there will likely be some hours required for renewal. Continuing Ed is a great way to learn new skills and be able to bring those skills back to your clients and help them more. And as the old saying goes, if the only tool you have is a hammer, everything starts to look like a nail.
Question: How much will a License cost?
Answer: That is something else that is yet to be determined. Most state License fees run around the $100-150 range, with a few being more, and a few being less. Most likely a MN Massage Therapy license will be around a hundred to a hundred and fifty dollars per year. When you look at the cost of some City Licenses, though, that we will no longer have to worry about once the Massage Therapy Licensure Law is enacted, it can add up to a substantial savings.
Question: I practice Massage Therapy, Reflexology and Shiatsu from my office. I have to have a city License where I practice and give out a CAM Law Bill of Rights to every client. Since this is going to be a License only for Massage Therapy, how will that work for me?
Answer: Anyone who practices Massage Therapy and calls it that will have to have a Massage Therapy License even if it is only a part of their practice. For LMTs who practice other techniques as well, such the Reflexology and Shiatsu mentioned here, they will be practicing those modalities under their Massage Therapy License. This does not mean those techniques are included as forms of Massage, just that those clients who get those techniques from a Licensed Massage Therapist are able to complain to the Licensure board for Massage Therapy, (which is the whole point of the CAM Law, to give clients a place to register complaints.) This is the same as a nurse who also practices healing touch as part of their nursing practice. They do not have to give out a CAM Bill of Rights, because they are practicing the Healing Touch under the oversight of the Nursing Board. It would be the same for us. As for the City Licenses, any well-written Massage Therapy Licensure law will include a local preemption clause that basically says the state law supersedes the local ordinance. In the overwhelming majority of cases, the cities will repeal the ordinance off of their books, and in so doing will remove that layer of bureaucracy from the backs of not only Massage Therapists who will need to be Licensed, but also to the benefit of practitioners of modalities like the Reflexology and Shiatsu mentioned here. Even practitioners who practice those other modalities as their only practice will benefit from this action, because all too often these practitioners are lumped in as doing massage, when in reality they do not. The city ordinance getting repealed for Massage Therapists, will be repealed for them at the same time.
Question:I go to a Chiropractor who does a little "soft tissue work" before she adjusts me, what you would call massage. Will she have to get a Massage License?
Answer: No. There will be an entire section of the law for what are called "Exemptions". An exemption is a way to lay out who can still use techniques that could be considered Massage techniques, without having to have a license. This would include Chiropractors, Physical and Occupational Therapists, Athletic Trainers, Naturopaths, Medical Doctors, Nurses, and other health care providers who happen to use Massage techniques in the normal course of their practice. Also standard in exemptions are Instructors who come into the state to teach a class, Massage Therapists from out of of state who come to MN as part of a Sports massage team, or as part of an Emergency response team, massage given to family members, etc. A very important part of the exemption clause is to list out modalities that could be mistaken for Massage Therapy but are technically different. This would include, but is not limited to modalities like Rolfing(c), Trager(c), Shiatsu, Reflexology, Asian Bodywork Therapy, and many others. To make sure we write this clause well, as it is so important, we are looking at the language of the 39 states who have enacted Massage Therapy regulations to find the best ways to word this important section, and to make doubly sure, we will be involving the national offices of organizations that represent these other modalities to make sure their interests are protected. We cannot say this enough, the goal of MT Licensure is not to put practitioners who are offering legitimate services out of business. This includes those practicing Massage Therapy and those practicing other modalities. By writing the Exemption clause carefully and deliberately, we can ensure this law has few if any "unintended consequences".
Question: I noticed in the Q&A section that you talk about being "grandfathered in" after X amount of time practicing massage. I have over 700 hours of education in massage and Shiatsu, but have never taken the National Exam. Will that test or another be required before I can get a state license?
Answer: This is a great question. Take a look at the draft of the legislation on the Craft the Draft page and see if one of the Grandfathering options would apply to your situation. For practitioners entering the field after the license goes into effect the law will require 500 hours of education and passing one of the approved exams, as this is the national standard and will make our law as portable with other states as possible. But it sounds like your situation would be more of a Grandfathering Clause question, where taking one of the national exams is one of the many options, but not necessarily a requirement.
Question: Massage is such an art form. Doesn't requiring a state License mean we will be loosing part of the soul of the work we do?
Answer: This is an important point. There is a definite art form to providing a good massage, no question about it. Anyone who has ever gotten a massage as a client from a Massage Therapist who paid no attention to the aesthetics of their work can tell you that. But that is not what we are trying to regulate, nor does that go away when the Licensure goes into effect. Right now it is crucial that the first contact you make with your client is filled with compassion and empathy and calm, and it will be just as vital when we are Licensed. It is always a good idea to stay in contact with your client during the course of the session now and it will still be just as important when we are Licensed. Having a License from the state does not take away the heart or soul of what we do. It only makes it easier for those who are qualified to do this work to have access to those who need it. What will change is whether it will be as easy for Joe Schmoe with no knowledge of Human A&P, contraindications, or ethics to call himself a Massage Therapist and potentially hurt a client to comes to him for help. What will change will be the number newspaper articles about a "Massage Therapist" charged with molesting a client and our resigned sighs and wondering how this will look to clients who see "Massage Therapist" behind your name. What will change will be the number of doctors who would be referring clients to your practice but haven't because they are afraid of the liability issues around making a referral to an unlicensed provider. Once the client is on your table, it will be your responsibility to make sure the art of the work you do is solid if you want that client to return, just as it is your responsibility to do that today. The License on your wall will only make it easier to get that client in the door. Once they are there, getting them to come back is, as always, up to you.
Question: I have seen a few places on your website where you mention something can be set up "in statute" or "by rule". What's the difference?
Answer: The law that is passed, after having been haggled over and picked apart, is the statute. The regulations that are put in place by the Licensure Board that is established by the statute are the "rules". The biggest difference is rules are much easier to change than statutes. An example of this will come up for us with our Exam clause. If we write it into the Statute (that goes before the state legislature and has to get voted on and signed by the Governor) that our state board will accept the National Certification exam and the new Massage and Bodywork Licensing Exam, as qualifying a person for a License, and then ten years from now a new group bands together and creates some new exam that we think is also acceptable, we have to go back to the Legislature and get them to change the law, by going through the committees, passing on a floor vote and getting signed by the Governor. If however we set up in the statute that the exam(s) that will be required for new LMTs "will be established by rule", it means the Board will decide that the NCE and MBLEx are acceptable, and then in ten years when the hypothetical new exam comes along, all that we need to do is have the current board vote at a quarterly meeting to accept the new exam and if it passes, the new exam is in.
Now, there are some things that must be set up in the statute to get it to pass, but for some other items, we can leave it up to the Board and make it a lot easier to make adjustments down the road.
Have a Question about how Registration will impact your practice? Go to the "Contact the Alliance" page and fill in the form. If you mark that it is okay to include it on this page, and it seems like a questions others may have or benefit from seeing the response to, we'll include it here.
Page updated: 22Dec2009
This page contains some of the questions we have received since launching this website. If you have a question, there is a simple way to ask it - Go to the "Contact the Alliance" page of this site and fill in the form. We'll get back to you as quickly as we can. And if you give us permission, and it seems like a question others might have, we'll post it here along with our answer.
Questions and Answers
Question: The price of this is registration is so high. I have a friend who is a nurse and she pays less than $100/year. Why did you make it cost so much?
Answer: First off it is important to understand, we did not choose this cost. To determine the per practitioner cost, (what we pay for a registration fee) we had to take the state's numbers for what the credential would cost (office space and equipment; staff with salaries/benefits/FICA; Attorney General consult fees; etc; all the fees that every other health professional's credential has to cover) and then divide that total cost into the fees that we could legitimately estimate would be incoming. The costs are roughly proportionate to the number of practitioners we have. The reason the Nurses' fees are so small, is because there are so many of them, over 90,000, in MN. We don't even come close to that number. And for better or worse, MN State law requires the cost of an occupational credential to be completely covered by the fees that are paid in. And because the money that gets paid in goes into a special account at the state outside of the "general fund" with all the other health licensing and registration fees, it is not nearly as vulnerable to the budgetary/unallotment process that saw the CAM Law office funding be nixed as a result of. In the current budgetary mess the state is in right now, being able to say that our proposal is "budget neutral" is a piece we would not be able to pass go without.
Question: If the bill you are proposing passes in the 2010 session, when will it go into effect? Is that the same as when we will have a certificate to put up in our office?
Answer: If the bill we bring forward in the 2010 session, the law would take effect officially in Aug2010, but that is not the date we would have a certificate to hang on the wall. From Aug2010 to (probably) July 2011 the Nursing Board would have that time to appoint the Massage Therapist Advisory Council (from volunteers through the Secretary of State's office) who would then be responsible to establish the official rules, Standards of Practice, and all the forms that would be used to do the credentialing. Ideally that whole process would not take more than a year, but the wheels of government can turn pretty slow, so in answer to your second question, the earliest we would have a certificate to hang on the wall of our offices would be July 2011.
Question: The language of the proposed bill lists the MN Board of Nursing as the board that will oversee the Massage Therapists Advisory Council. Why could we not create our own board, and why did we choose the Nurses?
Answer: We needed to go under another board, instead of creating our own as the 2009 bill would have done, because we would not be able to afford to cover the costs of running our own board with a voluntary credential. Presumably there will be a portion of the profession in MN who does not register. The trick is however many professionals sign on for the credential, that is how many we divide the cost of administering the credential between. And with a lower number of practitioners, the shared cost of the administration of the credential goes sharply up per practitioner. So to be able to avoid some of the costs involved with the credential administration, we opted to go under another board. This is being done with several professions currently (Acupuncturists, Athletic Trainers, Respiratory Therapists, Traditional Midwives, and others) in MN, all to try to lower the per practitioner cost.
As for the choice of boards, there are several reasons. Nurses are routinely trained to use massage techniques, and there are enough Nurses who are also fully trained Massage Therapists to warrant a Nurse Massage Therapist professional organization. Also, in addition to the shared practice and understanding of technique, in August 2009 we conducted a survey open to Massage Therapists and Massage Therapy students who currently practice or plan to practice in MN. We asked the direct question, is there a board that would cause you to not voluntarily register. The vast majority of respondents said it didn't matter to them, but of those who said it would make a difference, the Board of Nursing garnered the least number of "I would not register under this board" votes. And again, as it is a voluntary credential, under which we are going to try to get as many Massage Therapists registered as we can, we went with the one which elicited the least amount of negative feelings.
Question: Your website talks about Licensing as if it were always mandatory, and Registration as if it were always voluntary, but this is not the case. In Virginia, Massage Therapists have a voluntary "License", and all over the country, the mandatory credential for nurses is "Registered Nurse". What gives?
Answer: Great observation! There are unfortunately lots of examples of the name of the credential being applied incorrectly, both in this state and across the country. In MN there is a law on the books that delineates what credentials are to be used for the different types of regulations. MN Statute 214.02 essentially establishes Licensing as the name of a credential that is mandatory to be able to practice that profession in the state (established by passing a "Practice Act"), and Registration as the name of the credential when it is voluntary (a "Title Protection Act") meaning only those choosing to have the credential can use the title, as in this case "Registered Massage Therapist". And although the names of these credentials have been used interchangeably by past MN legislatures and legislatures around the country, this particular legislature is especially keen on using the credential names for all newly created credentials the way Statute 214 sets it out. We're just trying to play by the ground rules being set by the legislators with whom we are dealing.
Question: How does a credential that is voluntary protect the public?
Answer: In a voluntary state like we are proposing MN become, the public would be protected by being able to look for a standardized credential, in this case "Registered Massage Therapist" or "RMT". This would not eliminate risk, as no credential, whether voluntary or mandatory can do that completely. But it would establish a means of redress when a credentialed practitioner steps out of bounds, something which is sorely lacking in MN. The credential would also give employers looking to hire a Massage Therapist the peace of mind that the applicant in front of them has been vetted to the extent possible, as well as allowing other health care professionals to make referrals to credentialed practitioners removing the fear of "vicarious liability" (liability that falls on the referring provider's shoulders for having referred to an unlicensed provider). And while a mandatory credential would certainly provide more protection than a voluntary one, we have found out through hard trial and error that this legislature is not willing to pass a mandatory credential for Massage Therapy right now. We are trying to pass a credential that will provide the most amount of protection for our potential clients as we can. And right now, that credential is a voluntary or Registration credential.
Question: It would have been great to know about the Licensing effort before that effort died. Why didn't you let people know about the fight so we could help?
Answer: In the lead up to the 2009 legislative session push, we launched a website, held a series of 16 Town Hall-style informational meetings all over the state, and sent several email blasts out to the MN memberships of both AMTA and ABMP. We have identified a few other means of getting the word out to even more people, and will be initiating those plans in the coming weeks and months, but now that you know about the effort, why not join us and help us pass the new bill. The first step is to get yourself registered with the Alliance as a supporter (which you can do HERE) and on your registration form, make a note that you want to help in the fight to protect our clients and the good name of our profession that we have all worked hard to create. The second step is to tell everyone you know, especially other Massage Therapists, about it and encourage them to get registered.
Question: Is being Registered with your Alliance the same as being Registered with the state?
Answer: No. Being registered with the ALMT is only a means for getting you the information you need about the effort, when you need it. When the state Registration bill passes, there will be an application process and of course a fee to pay to become state Registered. It will be voluntary for every Massage Therapist as to whether become state Registered or not.
Question: A Registration law that is a voluntary... What is the point of that?
Answer: While we agree it is not ideal, it is a starting place. And it is vital that it been understood, this is just the first step. The MN legislature is only willing to pass a voluntary law for our profession right now, because we are starting at the bottom of the mountain. Many other professions have had to start at the same place and take small steps and the legislators want us to take those same small steps as well. So if the only way they they are willing to let us progress is with small steps, doesn't it make sense to go ahead and take the first one? That is why we are now looking to start with a Registration bill.
Question: I was happy with the Grandfathering clause that was written into the Licensure bill last year since I didn't go through schooling before I started my practice 19 years ago. My first question is: Will this bill have a Grandfathering clause, and second, if so, will it have the same kind of criteria for Grandfathering as the old bill did?
Answer: This new bill will have a Grandfathering clause. Some of the criteria have been changed to shorten the bill a bit, but the essence is still there. If you have been practicing legitimate Massage Therapy, you will be able to get a state credential without having to go back to school or take an exam. For those who have gone to school or taken a national exam, those remain possible avenues to getting a credential, but for practitioners currently practicing, they remain options, not mandates.
Question: Does a Registration bill have an exemptions clause? Will I still be able to practice Reflexology without getting a massage credential?
Answer: When this law passes, you will not need a Massage Registration to practice Reflexology, or Shiatsu, or Trager, or Orthobionomy, or any other form of bodywork. While a Registration bill really doesn't need to have an exemptions clause, since the law will be voluntary even for Massage Therapists, we have written a very short exemptions clause into the bill just to be absolutely clear. It may get taken out in the legislative hearing process, but we have one in there as we head into the process.
Question: I heard because there was one school in MN that opposed the bill in 2009, the effort failed, and that now we have to rearrange the entire law we are going for. Is that true? Answer: While it is true there was a school that opposed our efforts in the 2009 session, their efforts at opposition only served to confuse the people who could have been served by the law. The real reasons for the failure in the 2009 session and what we are doing to remedy those issues are outlined on the Registration - Our New First Target page.
The following are Questions that were posed during the effort for a mandatory License law. We are leaving them posted here for informational purposes only.
Question: It is unconscionable that your proposed bill excludes other legitimate forms of massage and body work. What about protecting the hundreds if not thousands of clients being served by these other professionals?
Answer: While it is true there are other forms of bodywork being practiced in MN it is professional responsibility of those professions to police themselves to protect their clients. In addition to the myriad clients of other professions, this bill also does not protect the clients/patients of Phlebotomists, nor Social Workers nor Counselors nor Dietitians, nor should it. Those professions have, or are trying to get, their own laws. This is a Massage Therapy bill. If other legitimate forms of bodywork want their own law, they need to band together, as the Massage Therapists are trying to do here, and go for one. And if the Massage Therapy law passes, it would very likely be opening the door through which other CAM professions could enter in, if they so choose.
Question: Your language of making sure to "exclude" these other professions as a gesture of goodwill is misleading. Any excluded bodywork professional will not be able to take advantage of the benefits of this law nor pass on its advantages to their clients.
Answer: If the professionals you speak of want to be Licensed and want to reap the benefits of that credential for their clients, they can band together as the Acupuncturists and Naturopathic Physicians and Traditional Midwives have all done (and the Massage Therapists are trying to do currently) and take that step forward together as a profession. The exemption language you speak of actually does protect those professions, since if they are not exempted in the bill, any profession that uses techniques that could be considered massage techniques, would after the bill's passage, have to by law hold a Massage Therapy License. Since many of the practitioners of these other professions, while completely qualified in their own field, would not qualify for a Massage Therapy License, they would be potentially put out of business. So by being exempted, it is protecting them.
In the drafting of this bill we worked with the national organizations representing Asian Bodywork Therapies (AOBTA), Trager (USTA), Feldenkrais Method (FGNA), Alexander Technique (AmSAT), Rolfing/Structural Integration (IASI and the Rolf Institute), Polarity Therapy (APTA) and Somatic Movement Education (ISMETA), as well as the state-level organizations representing ABTs and Reflexologists. We also passed our bill before the professional associations of the PTs, DCs, NPs, RNs, LAc's, OTs, and more. And we did all that in good faith not because we had to, but because we wanted to make sure the language we used to exempt those professions would accomplish the intention, of allowing those professionals to continue to provide legitimate care to clients and patients without interruption from this law's passage. If a practitioner of another modality does in fact qualify for a Massage Therapy License, there is nothing stopping them from getting one.
And there actually is a benefit to the exempted bodywork professionals and their clients that can come from this law, even without holding a Massage Therapy license. If this law passes as drafted, with its mandatory licensing and resultant local city ordinance preemption, the city ordinances which currently restrict the practice of not only Massage Therapists, but unfortunately also other bodywork professionals, will be superseded, and will begin to be repealed by their respective cities. No city that we have called in our City Ordinance Project has reported having any ordinances on the books for Shiatsu or Reflexology or any other practice besides Massage. In all the cities that have an ordinance in place, the ordinance is just for Massage. So when those ordinances start to get repealed, 3-6-9 months after the passage or enactment of the state law that supersedes them, the other professionals who have been told they have to have a city massage license to practice Reflexology or Trager or Shiatsu or whatever profession they are in, will no longer have to have that license either. So they won't have to have a state Massage Therapy License (since they are not practicing Massage Therapy) and they will likely no longer have to have their city's massage license either (since they should not have been made to have one in the first place). Again, it would not be an immediate change, but once the cities get wind of the new state law, it is the expectation that they will act to update their ordinance codes and repeal those rules.
Question: It is clear this is a self-serving piece of legislation that serves only your narrow definition of what constitutes professional bodywork.
Answer: Again, this is a Massage Therapy law. It is not the goal of this law to regulate all professional bodywork fields. We have gone to great lengths to ensure practitioners who practice bodywork therapies in other disciplines will suffer no negative unintended consequences by the passage of this law. As for being self-serving, the work that has been put into this bill for the drafting and calling city clerks by over 70 Massage Therapists, employers, teachers, and students has been done for the benefit of the clients of Massage Therapists, since it is a bill to regulate practice of Massage Therapy. So for those cases where Massage Therapists are also Massage Therapy clients, I would agree, it is self-serving.
Question: Along with your grandparenting clause (a non-sexist way to describe it) why not 500 hours of education in Asian bodywork or other bodywork professions?
Answer: To the first point, we chose the term "Grandfathering" instead of "grandparenting" because the former is the generally accepted terminology of legislation in MN and across the country. And as was stated before, if Asian Bodywork or other bodywork professions want to band together within their own professions and get a Licensure bill for the good of their clients, they can. (I for one would support them in that effort.) And if and when they do, they can set their Grandfathering criteria at whatever they choose. For purposes of this bill, the Grandfathering criterion was drafted as 500 hours since the vast majority of the 42 states with a Massage Therapy credential have that as their hours requirement. Matching that mark allows the greatest amount of reciprocity between states.
Question: I cannot support this legislation as currently proposed.
Answer: I am sorry to hear that. It is our intention to get the word out about the effort and try to educate people about the anticipated effects it will have for clients. Those benefits include being able to choose a Massage Therapist based on their skill and the art of what they do, and not having to worry about safety concerns, by enacting a proactive layer of protection through pre-screening applicants. Taking the burden of regulating a health profession off the backs of the cities and in so doing, vastly increasing the access to care for clients. Removing the barrier of fear from physicians who have been to told be wary of liability issues when referring to an unlicensed Massage Therapist. Making hiring decisions easier for employers by having a standard, required credential where all the background checks have been completed. It is our hope that Massage Therapists and other professionals will see the benefits of these changes that would be effected by this law and support it on that basis.
Question: What is the legislative designation for this bill? I would like to look it up at the MN legislative website. Thanks.
Answer: The bill has not yet been officially introduced in the legislature. It is my understanding that as soon as that happens, it will be assigned a bill number and be accessible soon thereafter on the MN State website. As soon as it is available on the state's website we will post a link from the ALMT website to that page. But until that happens, it does not have a bill number nor is it available on the state's website.
Question: I took and passed the National Certification Exam years ago, and have always re-up'ed it when it has come due. I see being Nationally Certified is an option for getting "Grandfathered" as you say, but do I have to keep renewing my National Certification once I have my License?
Answer: What you say at the beginning of your question is absolutely right. If a practitioner has passed the National Certification exam, they can use that as a means to show they qualify for a License, along with the rest of the general criteria. But once you have gotten your License, there is no requirement that you would need to maintain your certification. Personally I would recommend that you do, but whether you do or not is completely up to you. National Certification will NOT be a requirement for Licensure under this law, nor should it be. It is merely an option for getting a License through Grandfathering. One of several options.
Question: I run my own massage therapy business and hate all the taxes I have to pay. When this law passes, will it effect that at all?
Answer: Yes it would. Right now, Massage Therapy services along with any products you might sell, are taxable under the sale tax laws in MN. When this Licensure law goes goes through, that will undoubtedly change, but there is good news and not so good news. The good news is the sales tax on Massage Therapy services will no longer be applicable. Products you sell from your practice will still have to have sales tax on them, but the actual Massage Therapy services will not be taxable at the current 6.5% sales tax rate. The not so good news is the Massage Therapy services would be taxable under what is called the MN Health Care Provider tax, which is currently 2%. This is a tax that any Licensed Health Care Provider must pay on their services. This includes, MDs, DCs, PTs, Acupuncturists and many others. It goes to pay for the state's Medicaid/Medical Assistance programs. There is a movement afoot amongst other Health Care Providers to get rid of this tax, and once we are Licensed and having to pay it, we can certainly join that fight if enough of us feel strongly about it, but for now we need to get our tax liability down to 2% first and before we can worry about getting it down to 0%. So the bottom line is, there would be a net drop in the tax you have to pay on your Massage Therapy receipts from 6.5%-2%. It is our understanding from what happened when the Acupuncturists became Licensed by the state that they were no longer liable for the county and city sales taxes that some communities levy either. So while the Department of Revenue cannot comment on the effects of a proposed law, the experience of the Acupuncturists certainly bodes well for our getting out of those taxes as well.
Question: I support the idea of having Massage Therapists be licensed, but I worry about the motives behind those who support the legislation. Isn't this just a way for schools to make more money?
Answer: If the only people in the Alliance were school owners and administrators, it would certainly seem that way. If the drafting process were run by Massage Therapy school teachers, we would certainly be opening ourselves and our effort up to this argument. And while the ALMT Steering committee does have a few members who work in Massage Therapy schools, they are not a majority. In the ranks of supporters we have Massage Therapists who went to school here in MN, others who went to school out of state, and still others who didn't go to school at all. On the Drafting Team, nobody who works for, owns or is in any way affiliated with a school was allowed to be a part of drafting the clauses having to do with educational requirements. The draft will include a provision stating the board that is established, which will have at least 7 members, and maybe more, can have a maximum of one member who is affiliated with a school. To do otherwise creates too much risk of a conflict of interest. The point of the law is to protect the public by establishing a standard level of education for new therapists, and to provide peer oversight of those in practice. While Massage Therapy schools provide a wonderful and necessary service for our profession, the Licensure law is not, and cannot be allowed to become, a means for one school to push out others. And while the net effect will be of benefit to the schools, in reality, that benefit will belong to the profession as a whole and ultimately to the clients who seek out professional Massage Therapy care.
Question: I run my own practice, volunteer at a food shelf 2 nights per week and have 2 small children. I support the idea of our becoming Licensed, but I can't make more time in a day than I already have, and you say you don't want our money but just our time. Are there ways I can still support the fight, even though I don't have any time to spend on it?
Answer: There are! The majority of our registered supporters don't have any time they can give to the effort. Just having them registered in our database so we know where our support is coming from is one of the best things we can ask for. If a practitioner or client who is a supporter has a little time to help in other ways, like for instance calling a few city clerks for our City Ordinance Project, that would be great, but one of the biggest keys to our success when our bill comes up in the Legislature will be knowing which Legislators' districts we have supporters in to be able to let the supporters know, it is time to "Call St. Paul!" We are getting new Supporter Registration forms everyday from all over the state and this is shaping up to be a great plan! So even if you have zero time to put into the effort, get registered anyway. We'll let you know when the time has arrived to make your voice heard.
Question: I don't have time to come out to meetings or work on projects, but I want to find out more. Could someone in the Alliance start a newsletter that would bring the supporter-base up to speed with the events as they unfold?
Answer: This is great suggestion! Because of this suggestion we will soon be starting a weekly email update. We will start by sending that out to the email list of Registered Supporters. If you don't want to receive these, just use the form at the bottom of the "Contact the Alliance" page and ask us to remove your email address from these weekly emails. These emails will also serve as an easy way to refer friends or colleagues to the Alliance who would want to be supporters, since all you'll need to do is use the "Forward" function of your email server.
Question: I noticed you are considering a national exam for licensing, to the best of my knowledge they all require 500 hours of a massage training. How will this affect people who have been practicing for a long time but do not have 500 hours?
Answer:The "Grandfathering Clause" is the answer to this quandary. A Grandfathering Clause allows those who have been in practice for X number of years to be able to get a License without having met the educational hours requirement. A license obtained through Grandfathering is just as valid as one obtained through having formal Massage Therapy school training/education and is renewed the same way as well. A license law is not aiming to put practitioners who offer legitimate Massage Therapy out of business. Some practitioners get their knowledge of how to help a client from a school, and some have earned that expertise through experience. Both can be Licensed with a well written Licensure Law. A Grandfathering Clause is a standard part of Massage Therapy laws across the nation and will be a part of ours here in MN.
Question: Once I get a MN License, if I decide to move out of state, will I have to get a Massage Therapy License in that state or will I be able to just work off the MN one I have?
Answer: The technical terms for what you are asking about are "Reciprocity" or "Portability". Each state has its own rules about which other states they will accept Licensees from when those Licensees move into their state and want to practice there. Usually the rule of thumb is, if the rules and criteria for getting and keeping a License are equivalent, the new state will streamline your application through a process called "Endorsement". But you do have to get their License, it will (theoretically) go a little faster if you have a License from MN and MN's rules are equivalent to their's. We are working to make sure the law we draft here will be equivalent to as many states as possible, to make it as easy on our practitioners as it can be in cases like this.
Question: Will having a License mean I have to offer insurance billing for my clients?
Answer: The simple answer is No. Having a License from the state will neither guarantee that Insurance companies will reimburse a practitioner, nor require that practitioners offer insurance billing to their clients. Offering Insurance billing is and will continue to be an individual choice of the individual therapist/practice. For those who choose to offer that service to their clients, having a License can in some cases lead to more client's insurance companies covering the services, but it is not a guarantee.There will be no requirement in our law that insurance companies must cover Massage Therapy services, and it sounds like more to this question, there will be no requirement that Massage Therapists offer Insurance billing to their clients.
Question: I have never paid taxes on the Massage fees I have collected. Does having a License mean I will now have to pay taxes?
Answer: The ALMT is made up of Massage Therapists, Bodyworkers, clients, teachers, school administrators and others. So far, however we do not have any accountants. But frankly it is illegal to not pay your taxes, so if you need to, you need to. To quote an old Marvin Gaye song, "There's only three things in life that's for sure: Taxes, Death and Trouble." There is a cut off after which anyone must pay taxes after having earned above a certain amount, and that is the same whether you are a Massage Therapist, a plumber, a taxi-driver, or anything else. You have to talk to an accountant to find out what that is, but the bottom line is, paying taxes is a part of life. And if you don't pay, Uncle Sam will come looking for you. (FYI - Al Capone died in jail after having been convicted of Tax evasion - Just pay your taxes for the love of Pete!)
Question: Will renewing my license require that I have completed continuing education?
Answer: That remains to be determined. Some states require as much as 12 hours of CE/year. Ours will likely not be that much, but there will likely be some hours required for renewal. Continuing Ed is a great way to learn new skills and be able to bring those skills back to your clients and help them more. And as the old saying goes, if the only tool you have is a hammer, everything starts to look like a nail.
Question: How much will a License cost?
Answer: That is something else that is yet to be determined. Most state License fees run around the $100-150 range, with a few being more, and a few being less. Most likely a MN Massage Therapy license will be around a hundred to a hundred and fifty dollars per year. When you look at the cost of some City Licenses, though, that we will no longer have to worry about once the Massage Therapy Licensure Law is enacted, it can add up to a substantial savings.
Question: I practice Massage Therapy, Reflexology and Shiatsu from my office. I have to have a city License where I practice and give out a CAM Law Bill of Rights to every client. Since this is going to be a License only for Massage Therapy, how will that work for me?
Answer: Anyone who practices Massage Therapy and calls it that will have to have a Massage Therapy License even if it is only a part of their practice. For LMTs who practice other techniques as well, such the Reflexology and Shiatsu mentioned here, they will be practicing those modalities under their Massage Therapy License. This does not mean those techniques are included as forms of Massage, just that those clients who get those techniques from a Licensed Massage Therapist are able to complain to the Licensure board for Massage Therapy, (which is the whole point of the CAM Law, to give clients a place to register complaints.) This is the same as a nurse who also practices healing touch as part of their nursing practice. They do not have to give out a CAM Bill of Rights, because they are practicing the Healing Touch under the oversight of the Nursing Board. It would be the same for us. As for the City Licenses, any well-written Massage Therapy Licensure law will include a local preemption clause that basically says the state law supersedes the local ordinance. In the overwhelming majority of cases, the cities will repeal the ordinance off of their books, and in so doing will remove that layer of bureaucracy from the backs of not only Massage Therapists who will need to be Licensed, but also to the benefit of practitioners of modalities like the Reflexology and Shiatsu mentioned here. Even practitioners who practice those other modalities as their only practice will benefit from this action, because all too often these practitioners are lumped in as doing massage, when in reality they do not. The city ordinance getting repealed for Massage Therapists, will be repealed for them at the same time.
Question:I go to a Chiropractor who does a little "soft tissue work" before she adjusts me, what you would call massage. Will she have to get a Massage License?
Answer: No. There will be an entire section of the law for what are called "Exemptions". An exemption is a way to lay out who can still use techniques that could be considered Massage techniques, without having to have a license. This would include Chiropractors, Physical and Occupational Therapists, Athletic Trainers, Naturopaths, Medical Doctors, Nurses, and other health care providers who happen to use Massage techniques in the normal course of their practice. Also standard in exemptions are Instructors who come into the state to teach a class, Massage Therapists from out of of state who come to MN as part of a Sports massage team, or as part of an Emergency response team, massage given to family members, etc. A very important part of the exemption clause is to list out modalities that could be mistaken for Massage Therapy but are technically different. This would include, but is not limited to modalities like Rolfing(c), Trager(c), Shiatsu, Reflexology, Asian Bodywork Therapy, and many others. To make sure we write this clause well, as it is so important, we are looking at the language of the 39 states who have enacted Massage Therapy regulations to find the best ways to word this important section, and to make doubly sure, we will be involving the national offices of organizations that represent these other modalities to make sure their interests are protected. We cannot say this enough, the goal of MT Licensure is not to put practitioners who are offering legitimate services out of business. This includes those practicing Massage Therapy and those practicing other modalities. By writing the Exemption clause carefully and deliberately, we can ensure this law has few if any "unintended consequences".
Question: I noticed in the Q&A section that you talk about being "grandfathered in" after X amount of time practicing massage. I have over 700 hours of education in massage and Shiatsu, but have never taken the National Exam. Will that test or another be required before I can get a state license?
Answer: This is a great question. Take a look at the draft of the legislation on the Craft the Draft page and see if one of the Grandfathering options would apply to your situation. For practitioners entering the field after the license goes into effect the law will require 500 hours of education and passing one of the approved exams, as this is the national standard and will make our law as portable with other states as possible. But it sounds like your situation would be more of a Grandfathering Clause question, where taking one of the national exams is one of the many options, but not necessarily a requirement.
Question: Massage is such an art form. Doesn't requiring a state License mean we will be loosing part of the soul of the work we do?
Answer: This is an important point. There is a definite art form to providing a good massage, no question about it. Anyone who has ever gotten a massage as a client from a Massage Therapist who paid no attention to the aesthetics of their work can tell you that. But that is not what we are trying to regulate, nor does that go away when the Licensure goes into effect. Right now it is crucial that the first contact you make with your client is filled with compassion and empathy and calm, and it will be just as vital when we are Licensed. It is always a good idea to stay in contact with your client during the course of the session now and it will still be just as important when we are Licensed. Having a License from the state does not take away the heart or soul of what we do. It only makes it easier for those who are qualified to do this work to have access to those who need it. What will change is whether it will be as easy for Joe Schmoe with no knowledge of Human A&P, contraindications, or ethics to call himself a Massage Therapist and potentially hurt a client to comes to him for help. What will change will be the number newspaper articles about a "Massage Therapist" charged with molesting a client and our resigned sighs and wondering how this will look to clients who see "Massage Therapist" behind your name. What will change will be the number of doctors who would be referring clients to your practice but haven't because they are afraid of the liability issues around making a referral to an unlicensed provider. Once the client is on your table, it will be your responsibility to make sure the art of the work you do is solid if you want that client to return, just as it is your responsibility to do that today. The License on your wall will only make it easier to get that client in the door. Once they are there, getting them to come back is, as always, up to you.
Question: I have seen a few places on your website where you mention something can be set up "in statute" or "by rule". What's the difference?
Answer: The law that is passed, after having been haggled over and picked apart, is the statute. The regulations that are put in place by the Licensure Board that is established by the statute are the "rules". The biggest difference is rules are much easier to change than statutes. An example of this will come up for us with our Exam clause. If we write it into the Statute (that goes before the state legislature and has to get voted on and signed by the Governor) that our state board will accept the National Certification exam and the new Massage and Bodywork Licensing Exam, as qualifying a person for a License, and then ten years from now a new group bands together and creates some new exam that we think is also acceptable, we have to go back to the Legislature and get them to change the law, by going through the committees, passing on a floor vote and getting signed by the Governor. If however we set up in the statute that the exam(s) that will be required for new LMTs "will be established by rule", it means the Board will decide that the NCE and MBLEx are acceptable, and then in ten years when the hypothetical new exam comes along, all that we need to do is have the current board vote at a quarterly meeting to accept the new exam and if it passes, the new exam is in.
Now, there are some things that must be set up in the statute to get it to pass, but for some other items, we can leave it up to the Board and make it a lot easier to make adjustments down the road.
Have a Question about how Registration will impact your practice? Go to the "Contact the Alliance" page and fill in the form. If you mark that it is okay to include it on this page, and it seems like a questions others may have or benefit from seeing the response to, we'll include it here.
Page updated: 22Dec2009
