(CAP Law is better known as the CAM Law)
Governor's Unallotment Closes MN OCAP Office
Because the state budget was in such a crisis in the last legislative term, and the legislature couldn't pass a balanced budget, Governor Pawlenty had to use his constitutional power to balance the budget through a series of "unallotments" or de-funding state government programs.
One of the programs that had it's funding unallotted was the MN Office of Unlicensed Complementary and Alternative Practices (or OCAP) within the Department of Health. This office was responsible for the oversight provided for by MN Statute 146A, known to CAM practitioners as the CAM Law, or more accurately, the CAP Law. The OCAP office closed "temporarily" as of 01Sep2009 and will remain closed through the end of the 2010-2011 state biennium, which means the office will be closed through at least 30Jun2011. Unfortunately, the budget estimates for the following biennium don't look any better, so the chances of the OCAP opening in 2011 are not too great.
If one calls the number for clients to call to report a CAM practitioner, a message informs the caller that this state office is closed and that if a CAM practitioner (and specifically names massage therapists, likely because MTs are by far the most complained about profession this office dealt with) assaults or defrauds a client, the client should contact the police in the locale where the crime occurred. And in the case of fraud, clients can also appeal to the state Attorney General and take the practitioner to small claims court.
It is crucial to understand however that even though the office is closed, the law is still in effect and is still the law of the land. So we still need to hand out a CAP Client Bill of Rights and adhere to the other provisions of this law just as before. The change is the public has now lost the layer of protection it had, paper-thin and woefully retroactive though that layer was. We and the other professions regulated under this statute are now on the "honor system" and as ethical professionals trying to shed the ghosts of massage misconceptions we need to step up and be honorable at every opportunity, including this one.
The following was written prior to the OCAP being closed, and is left here for informational purposes...
What is the CAP Law? Currently, Massage Therapy practiced in the state of
- Requires each new client must receive a copy, and a signed copy must be kept on file in their records, of the Complimentary and Alternative Health Care Client Bill of Rights, which must be customized to the individual practitioner with whom they will be working.
- It is important to understand the Law has been changed slightly over the years and as a result, slight changes in the Bill of Rights have been made. It is vital you remain in compliance with this law, in its most current form! (The argument “I didn’t know the law had changed” doesn’t hold water in court. It would be like arguing a speeding ticket by saying “I didn’t know the speed limit had changed.” In both cases, the judge would likely say “Tough. It is your responsibility to know.”)
- There is a template developed for the AMTA-MN, which you can open here in a Word document and fill in the blanks to create or update your own CAP Law Bill of Rights. This link also includes a brief instruction sheet for customizing your Bill of Rights and a fictional example of what a completed Bill of Rights might look like. That template is available on this website on the Forms, Forms, Forms page.
- Establishes the Office of Unlicensed Complimentary and Alternative Health Care Practice to oversee compliance, investigate claims, and levy penalties against those breaking the law.
- Enumerates those actions which are prohibited, Sets out penalties for committing prohibited acts, and gives the Office of Complimentary and Alternative Health Care Practices the authority to enforce those penalties, up to and including prohibiting a practitioner from practicing. Some of the prohibited activities listed which are grounds for disciplinary actions:
- Conviction of a crime involving the practice of CAP therapies;
- Habitual overindulgence or dependence on intoxicating liquors or improper use of drugs or controlled substances as defined by MN statute;
- Breaking client confidentiality outside of what is required under federal or state law;
- Failure to comply with requirement to provide a copy of the Client Bill of Rights;
- “Kickbacks” for referrals or other fraudulent billing practices including violations of
Medicare /Medicaid/ State Medical Assistance laws; - Failure to self-report any violations or to cooperate with investigations;
- Obtaining money from a client other than what is “reasonable” for session fees by means of undue influence, harassment, duress, deception, or fraud;
- And others...
- DID YOU KNOW… One change that was made to the CAP Law in 2007 is that Complementary and Alternative Practice providers need only discontinue treatment with a client before starting a personal relationship with them, instead of having a two year waiting period like was originally written into the law. This change brings CAP providers onto a level playing field with other health care providers in the state (Psychologists being the notable exception). And while ethically Massage Therapists should not be “on the look-out” for clients with whom to have a personal relationship, we do not believe that, number one, the government should be in the business of be investigating how long a couple has been in a relationship, and number two, that Massage Therapists should be held to any different standard legally than the majority of Health Care Professionals in the state.
How Do I Find Out More So I Can Bring My Practice into Compliance?
For official information on the CAP Law, you can visit the website of the Office of Unlicensed Complimentary and Alternative Health Care Practice at: http://www.health.state.mn.us/divs/hpsc/hop/ocap/index.html. Also very helpful on that web page is a FAQ sheet created by that office.
Our website has a template that is up-to-date with the most current changes to the CAP Law Client Bill of Rights under the "Forms, Forms, Forms" page. It will open a Word document that you can edit through with your own information and even includes a fictional Bill of Rights to show what a completed Bill of Rights might look like.
Or for less formal info on the CAP Law and help making or updating your Client Bill of Rights form for your individual practice, email ALMT Chair Jeremy Miller at jmillergrc@gmail.com.
It is imperative that we follow changes that are made and continue to practice within the law. Even if we disagree with the current law, we must still abide by it!, If you do have a problem having your practice overseen by a government agency with no Massage Therapy experience, do something about it! Join the effort to pass reasonable legislation in Minnesota!
Page updated 22Dec2009
