>  It's sad, but this is all about turf and open access to clients and ability
>  to claim treatment of clients. What the chiropractors realize is that they
>  have political clout and can attempt to use that clout to ward of
>  competition for otherwise non-restricted acts.

And the irony of all this? This is what chirpractors originally fought
against with the established medical system (MDs) at the time they
fought for acceptance. Now, they've reversed their position.

As Keith says, it's all about market share and protecting future
income drain by those that are seen to have a better image than
themselves.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

Here is a little peek into the viewpoint of Chiropractors:

A Policy View of Chiropractic
http://www.chiroweb.com/archives/21/12/10.html

Furthermore, massage therapists now number 250,000. Massage therapy is
the fastest growing area of CAM, and massage therapists are beginning
to take a significant share of the musculoskeletal-pain market. (See
the recent paper by Wolsko in Spine). In addition, there is now
growing interest in spinal manipulation and other manual methods by
osteopathic physicians, physical therapists, primary care MDs and others.

Fred B.

Toni Roberts wrote:
> This is very good dialog, folks.  I am in newsletter mode, which means I'm
> getting otherwise focused for a multiweek desktop publishing marathon, but I
> will try to catch up with both Keith's comments and read the bill.
>
> On the surface, I have no comprehension of why anyone with a good basic
> understanding of the body shouldn't be able to move a joint through a normal
> range of motion and how you could possibly get any work done unless you can
> challenge that range of motion slightly beyond those boundaries.  I would
> think that chiropractors must realize this and that it should be a matter of
> finding language that allows massage therapists to do their work while
> protecting chiropractors rapid joint movement techniques.
>
> Toni
>

Toni,

It goes deeper than protection of high-velocity, low-amplitude techniques.

Prior to writing my white paper, I had talked directly with a designated
chiropractic association representative in California. It wasn't a matter of
ensuring that MT's didn't use HVLA techniques or simply of technical changes
to languages. It was a matter of "board policy".

The chiro's had recently lost a worker's comp decision. My impression was
that they wanted to carve out as large an exclusive space for themselves as
was possible. I was unable to initiate a discussion on any specific concerns
or language. My paper contains several instances of language used specific
to chiropractic manipulation. I drew examples from both the British Columbia
and Ontario lists of reserved acts. The chiropractic association was not
interested in such specifics.

It's sad, but this is all about turf and open access to clients and ability
to claim treatment of clients. What the chiropractors realize is that they
have political clout and can attempt to use that clout to ward of
competition for otherwise non-restricted acts.

In part, stuff like this was why BC and Ontario restructured their health
care regulation system to have lists of specific reserved acts. Access to
such acts then become a matter of specific training, not a matter of
exclusive access by an individual profession. It's a stride to health care
cooperation rather than antagonism.

Health Care Practitioners: An Ontario Case Study in Policy Making
Patricia O'Reilly
http://www.utppublishing.com/pubstore/merchant.ihtml?pid=7295&lastcatid=30&step=\
4

Ameringer, Carl F. "Health Care Professionals and Exclusive Scopes of Practice"
Journal of Health Politics, Policy and Law - Volume 27, Number 2, April
2002, pp. 307-317
http://muse.jhu.edu/cgi-bin/access.cgi?uri=/journals/journal_of_health_politics_\
policy_and_law/v027/27.2ameringer.html

...Keith


--

+----------------------------+-------------------------------------------+
I Keith Eric Grant           I Writers love language, and they will      I
I <keg@...>       I arrange and rearrange their words until   I
I http://www.ramblemuse.com/ I they come alive on the page. The meanings I
I----------------------------I may be stretched and changed, but if a    I
I Over the hills, but not    I writer is successful, he or she will lure I
I too far away from the      I the reader into a world where deeper      I
I San Francisco East Bay     I realities unfold. ...  Mark Robert        I
I                            I Waldman, "The Spirit of Writing".         I
+----------------------------+-------------------------------------------+

This is very good dialog, folks.  I am in newsletter mode, which means I'm
getting otherwise focused for a multiweek desktop publishing marathon, but I
will try to catch up with both Keith's comments and read the bill.

On the surface, I have no comprehension of why anyone with a good basic
understanding of the body shouldn't be able to move a joint through a normal
range of motion and how you could possibly get any work done unless you can
challenge that range of motion slightly beyond those boundaries.  I would
think that chiropractors must realize this and that it should be a matter of
finding language that allows massage therapists to do their work while
protecting chiropractors rapid joint movement techniques.

Toni


[Non-text portions of this message have been removed]

Keith,

> For the record, I'd created a substantial response to the basis for
> limitations in range of movement.
>
> <http://www.ramblemuse.com/articles/Massage_ROM.pdf>

I was going to post something regarding the active ROM and elastic
barriers, but your document says it all so much more inclusively that
I could. I've only read the initial few pages of this, but it looks
pretty comprehensive. I've saved it for offline reading.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

Fred,

> Jason, the last I read on it said that the chiros. were insisting that
>  we are incapable of moving a joint thru normal ROM without injury.  I
>  can't find the article but here is a similar ref to Ca SB412
>  http://www.camassageschools.org/
>  Read the Feb 7, 2006 update on SB412

Ah, that makes sense. MTs would be playing in their realm then.

>  The definition of massage recently proposed by the CCA includes the
>  following restrictions.
>
>  (1)…"Massage" does not include the prescription of legend drugs or
>  controlled substances, spinal joint manipulation, movement of a joint
>  beyond the normal physiological active range of motion for that joint,
>  the diagnosis of illness or disease, or treatment for which a license
>  to practice medicine, chiropractic, physical therapy, or podiatry is
>  required.
>
>  (2) Notwithstanding (1), A massage therapist and massage practitioner
>  may move a joint within its normal physiological range of motion for
>  that joint if under the prescription of a medical doctor, doctor of
>  osteopathy or doctor of chiropractic.

I can agree with (1) but not (2). If the PA stuff is like this, you
need to fight it as hard as you can.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

Fred Bungert wrote:
> Jason, the last I read on it said that the chiros. were insisting that
> we are incapable of moving a joint thru normal ROM without injury.  I
> can't find the article but here is a similar ref to Ca SB412
> http://www.camassageschools.org/
> Read the Feb 7, 2006 update on SB412
>
> The definition of massage recently proposed by the CCA includes the
> following restrictions.
>
> (1)…"Massage" does not include the prescription of legend drugs or
> controlled substances, spinal joint manipulation, movement of a joint
> beyond the normal physiological active range of motion for that joint,
> the diagnosis of illness or disease, or treatment for which a license
> to practice medicine, chiropractic, physical therapy, or podiatry is
> required.
>
> (2) Notwithstanding (1), A massage therapist and massage practitioner
> may move a joint within its normal physiological range of motion for
> that joint if under the prescription of a medical doctor, doctor of
> osteopathy or doctor of chiropractic.
>

Fred,

For the record, I'd created a substantial response to the basis for
limitations in range of movement.

<http://www.ramblemuse.com/articles/Massage_ROM.pdf>


...Keith

--

+----------------------------+-------------------------------------------+
I Keith Eric Grant           I Writers love language, and they will      I
I <keg@...>       I arrange and rearrange their words until   I
I http://www.ramblemuse.com/ I they come alive on the page. The meanings I
I----------------------------I may be stretched and changed, but if a    I
I Over the hills, but not    I writer is successful, he or she will lure I
I too far away from the      I the reader into a world where deeper      I
I San Francisco East Bay     I realities unfold. ...  Mark Robert        I
I                            I Waldman, "The Spirit of Writing".         I
+----------------------------+-------------------------------------------+

Toni, the only people I have heard anything from are ABMP.  The MT's I
have talked to who are AMTA members have not heard anything on this.
I don't know about anyone else.  I have not heard about any offers for
cooperation.
Fred B.


--- In bodywork_politics@yahoogroups.com, "Toni Roberts"
<TRobertsLMT@...> wrote:
>
> Fred,
>
> Do you think it is possible that with ABMP's and any other available
> association with a Pennsylvania presence that a coalition could be
formed to
> combat this law?
-----snip-----
> (I also noticed John Fred's comments that the bill may not be all
that bad,
> and admit that I haven't done my homework to understand his point full
> thought on this, so perhaps I am missing something important.)
>
> Toni

Jason, the last I read on it said that the chiros. were insisting that
we are incapable of moving a joint thru normal ROM without injury.  I
can't find the article but here is a similar ref to Ca SB412
http://www.camassageschools.org/
Read the Feb 7, 2006 update on SB412

The definition of massage recently proposed by the CCA includes the
following restrictions.

(1)…"Massage" does not include the prescription of legend drugs or
controlled substances, spinal joint manipulation, movement of a joint
beyond the normal physiological active range of motion for that joint,
the diagnosis of illness or disease, or treatment for which a license
to practice medicine, chiropractic, physical therapy, or podiatry is
required.

(2) Notwithstanding (1), A massage therapist and massage practitioner
may move a joint within its normal physiological range of motion for
that joint if under the prescription of a medical doctor, doctor of
osteopathy or doctor of chiropractic.




> Fred,

> Who are the chief proponents of the Bill?
>
> --
> Jason Paul McCartan, LMT
> Somatic Knowledge LLC: www.somaticknowledge.com
> Satori Health & Wellness: www.satorihealth.com
> The Somato-Do (Way of the Body) Blog: www.somatodo.com
>

Just checking---How much does Robert figure it cost the AMTA to pay off a 2/3
majority of both the House and Senate of the the General Court and the
Governor?


John Fred


[Non-text portions of this message have been removed]

>  > Under efficient state massage licensing laws, the
>  > criminals avoid using massage and hide their operations.
>
>
>  This is an unproven supposition.  There is no proof.  To the contrary, at
>  least one law enforcement study found that licenses can be part of the cover
>  making it seem legitimate.

I agree with Carl on this. Show us the evidence that proves this.

The fact that we still have problems with "massage parlors" and other
seedy activities that "affect" our practice of somatic work here in
Ohio shows that efficient state massage licensing doesn't work as a
deterent at all.

Licensing is not a deterent, but a way to punish those in non-compliance.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

Fred,

> Jason, your correct in saying that it's lunacy.  Those who demanded it
>  don't care much what it does to us.  The spirit of the law is to keep
>  us from doing normal ROM which is still crazy.  I think we should
>  challenge their right to give massage, based on not fulfilling the
>  requirements that we are being asked to comply with.

Who are the chief proponents of the Bill?

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

>  (I also noticed John Fred's comments that the bill may not be all that bad,
>  and admit that I haven't done my homework to understand his point full
>  thought on this, so perhaps I am missing something important.)

The only thing that's worse than a bad bill going through is a
reasonable bill with a bad bit in it going through, because in many
cases that bad part is obfuscated and hidden within other more
beneficial aspects of the bill; this is often the case when one bill
is passed having another non-connected issues tacked onto it so it
goes through without appropriate reading.

If this bill goes through with this wording, then there will be a fear
- real or imagined - amongst current and future practitioners that
will stunt the growth of somatic work in PA. PA has a rich history in
development and pushing of myotherapies, particularly in relation to
Bonnie Pruden's work, and trigger point work in general. This law
would impact all those that do this work currently because one of the
effective ways to treat trigger points is to use positional releases,
as well as stretching, both of which would be outlawed by this bill.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

Fred,

Do you think it is possible that with ABMP's and any other available
association with a Pennsylvania presence that a coalition could be formed to
combat this law?  I would think that raising public awareness that the
things they are used to getting in a massage are no longer available, those
very things that make massage so powerful, and the very same things that are
practiced across state lines.

If it can be shown that they are being dominated by a board that does not
support massage therapy and its heritage, but rather its own self-interests,
I would think that could be a good case for a stand alone board.

ABMP is stepping up its presence, and AMMA also has a stake in this.
Perhaps they could release some funds to fuel this process.

(I also noticed John Fred's comments that the bill may not be all that bad,
and admit that I haven't done my homework to understand his point full
thought on this, so perhaps I am missing something important.)

Toni

On 6/30/06, Fred Bungert <briarabbit1@...> wrote:
>
>   Hi Toni, I'm from Pa. I know a little bit about Maryland because I
> have a good friend who is a MT there. Unfortunately, they are saddled
> with the provisions now proposed in Pa. They were trying to get their
> own board. I havent heard if they got it. I do belong to ABMP. I
> have been in touch with them. They have issued a Action Alert to try
> and get people to voice their opinion to their legislators.
>


[Non-text portions of this message have been removed]

Thank you, Carl.

On 6/29/06, Carl W. Brown <carl@...> wrote:
>
>   Toni,
>
>
> > However, it should be posted in every message that it is public.
>
> This would be too much extra traffic. But I did add it to the description
> of the group.
>
> Carl
>


[Non-text portions of this message have been removed]

Jason, your correct in saying that it's lunacy.  Those who demanded it
don't care much what it does to us.  The spirit of the law is to keep
us from doing normal ROM which is still crazy.  I think we should
challenge their right to give massage, based on not fulfilling the
requirements that we are being asked to comply with.
Fred B.


> --- In bodywork_politics@yahoogroups.com, "Jason Paul McCartan"
<saranjeuhal@...> wrote:

>
> This is loony. By the letter of this, you can't help a client move
any part of their body at all, nor can you do simple things like put
your hands and arms between their body and the table (eg. cradling the
head with open palms). Sheer lunacy. Of course, the spirit of the law,
and the letter of the law are two different things.
>
> Bones and muscles are connected. When you affect one, you affect the
other.

Hi Toni, I'm from Pa.  I know a little bit about Maryland because I
have a good friend who is a MT there.  Unfortunately, they are saddled
with the provisions now proposed in Pa.  They were trying to get their
own board. I havent heard if they got it.  I do belong to ABMP.  I
have been in touch with them. They have issued a Action Alert to try
and get people to voice their opinion to their legislators.

Fred B.


--- In bodywork_politics@yahoogroups.com, "Toni Roberts"
<TRobertsLMT@...> wrote:
>----snip----
> Sounds like Maryland could use its own board, and this is a great
example of
> why we need our own board to diminish interference from similar
> professions.
----snip----
> Toni

Jason,

> Bones and muscles are connected. When you affect one,
> you affect the other.

I find that there are things I do that chiropractors don't.  If I don't
offer them how will clients get help?

For example they may move bones but not fix problems within the bones
themselves.  They rarely work the soft tissues to support proper bone
positioning.

Putting my hand under the body is also useful to work pure muscle problems.

Carl

>

Toni,

> However, it should be posted in every message that it is public.

This would be too much extra traffic.  But I did add it to the description
of the group.

Carl

John Fred,

> Hurry, there is only so much time left to get state
> licensing in place to forestall federal involvement
> in setting standards---hmmmmm, wonder what examination
> they will use?

If sate is good why don't you support federal?

If you think this is possible just name one profession that is licensed
federally.

Carl

Sounds like Maryland could use its own board, and this is a great example of
why we need our own board to diminish interference from similar
professions.  Are you a member of a state massage therapy association or a
national association that has a state chapter in Maryland?  Am I assuming to
much thinking you are in Maryland?  You might help to form or join a
coalition to work on getting your own board.  Even if you're not affiliated,
you could, say, gather a few or a lot of other independents and offer to
represent them in the coalition and make sure they get updated information.
Maybe you could even trade off who is the representative to keep each
person's time commitment to a minimum.

You are right that too many massage therapists are apathetic and
unresponsive to their laws until there is some sort of personal crisis
around it.  Sad that so many of us build what we think are safe little walls
around ourselves and never look over the wall.

Toni

On 6/18/06, Fred Bungert <briarabbit1@...> wrote:
>
>   Hi Toni,
> Md. is a good example of the joint manipulation ban. Here is a
> quote from their law. (Md is currently under the chiro board I believe.)
>
> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
> Maryland Code : HEALTH OCCUPATIONS : TITLE 3. CHIROPRACTORS :
> SUBTITLE 5A. CERTIFICATION OF MASSAGE THERAPISTS : § 3-5A-01.
> Definitions.
>
> ii) The adjustment, manipulation, or mobilization of any of the
> articulations of the osseous structures of the body or spine
>
> I wish I could find the article I read about the negotiations going
> on. What I do remember is that the chiro's are saying that we are
> incapable of moving a limb thru it's normal ROM without causing
> injury. They have no data to back this up. Actually the data serves
> to prove them wrong. In any event, it's in there and they won't
> negotiate the point. (So I read.) I spoke with the ABMP GR and they
> are working on gathering information about the new amendments.
>
> Too many MT's do not take this seriously. Have you ever heard the
> expression "boiled frog" http://allaboutfrogs.org/stories/boiled.html
>
> Fred B.
>
> --- In bodywork_politics@yahoogroups.com<bodywork_politics%40yahoogroups.com>,
> "Toni Roberts"
>
> <TRobertsLMT@...> wrote:
> >
> > In massage school we called moving the limb through its natural range,
> > 'joint manipulation.' I understand that chiropractors also call
> what they
> > do 'joint manipulation,' so I can see why there might be a scuffle. If
> > 'joint mobilization' is not acceptable, might you try 'range of motion.'
> > Anyone from Georgia can correct me on this, but I believe we will be
> calling
> > our joint manipulation 'range of motion.'
>
> > Toni
> >
>
>
>



--
In wellness,
Toni D. Roberts, BA, LMT
Cumberland Muscle Therapy
2470 Windy Hill Road SE, Suite 131
Marietta, Georgia  30067-8617

(770) 984-8040
forums@...
www.cumberlandmuscletherapy.com


[Non-text portions of this message have been removed]

Fred,

>   Md. is a good example of the joint manipulation ban.  Here is a
> quote from their law. (Md is currently under the chiro board I believe.)
>
> http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
> Maryland Code : HEALTH OCCUPATIONS  : TITLE 3. CHIROPRACTORS :
> SUBTITLE 5A. CERTIFICATION OF MASSAGE THERAPISTS  : § 3-5A-01.
> Definitions.
>
> ii) The adjustment, manipulation, or mobilization of any of the
> articulations of the osseous structures of the body or spine

This is loony. By the letter of this, you can't help a client move any part of
their body at all, nor can you do simple things like put your hands and arms
between their body and the table (eg. cradling the head with open palms). Sheer
lunacy. Of course, the spirit of the law, and the letter of the law are two
different things.

Bones and muscles are connected. When you affect one, you affect the other.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

With all the chatter going on about states lic. there should be talk about the
way the
customer services is getting worse at the NEw  ncbmt.. thats where the the focus
should
be ..I am in the state of IL. and the wait is getting longer for the grad.
students for the
test.... I own a smalll school  and each grad. student has been told aleast 5-10
times that
the ncbmt office has not received transcripts yet even through I mail them
Certified...or
they get put on hold and  no answer....there has to be accountabilty... we teach
about
good customer service and then the folks that the staes use to give that  ....
test give real
bad customer service...I have one angry grad who will sit at the ncbmt office
and wait to
get the test date... where are in the next town over from the New office..
thanks for letting me get this off my chest

Mike
outside chicago

John Fred,

> Under efficient state massage licensing laws, the
> criminals avoid using massage and hide their operations.

This is an unproven supposition.  There is no proof.  To the contrary, at
least one law enforcement study found that licenses can be part of the cover
making it seem legitimate.

Your count numbers do not prove your point since the results can be
interpreted different ways.

Carl

I don't think a warning message is needed.  I think everyone should
accept the statement of one of my wise bosses:  You should assume
that any information that twelve or more know is likely to be as
public as if it were nailed to a tree in a public place.  And he said
that long before the internet supercharged dissemination of almost
every bit of information.

..Lee

At 1:17 PM -0400 6/28/06, Toni Roberts wrote:
>However, it should be posted in every message that it is public.
>
>On 6/28/06, Jason Paul McCartan, LMT <saranjeuhal@...> wrote:
>>
>>    I'm all in favor of the messages being public, simply because it
>>  provides transparency; the biggest thing that's missing in most
>>  discussions of politics is transparency and public access to the
>  > discussions.

--
----------------------------------------------------------------------
    Lee Daniel Erman, NCTMB, Mountain View, CA.  lerman(at)earthlink.net

Jim,

I am open to suggestions.  New ideas are always worth considering.

Carl

However, it should be posted in every message that it is public.

On 6/28/06, Jason Paul McCartan, LMT <saranjeuhal@...> wrote:
>
>   I'm all in favor of the messages being public, simply because it
> provides transparency; the biggest thing that's missing in most
> discussions of politics is transparency and public access to the
> discussions.
>
> --
> Jason Paul McCartan, LMT
> Somatic Knowledge LLC: www.somaticknowledge.com
> Satori Health & Wellness: www.satorihealth.com
> The Somato-Do (Way of the Body) Blog: www.somatodo.com
>
>



--
In wellness,
Toni D. Roberts, BA, LMT
Cumberland Muscle Therapy
2470 Windy Hill Road SE, Suite 131
Marietta, Georgia  30067-8617

(770) 984-8040
forums@...
www.cumberlandmuscletherapy.com


[Non-text portions of this message have been removed]

It's always the men isn't it? Maybe I was born with Original Sin after
all and I'm just fighting my sinful nature of frequenting said places
mentioned above.

Education is the key weapon for legitimate somatic services not being
confused with more seedy services, both in the public's eyes, and in
those of law enforcement. Of course, there's already a lot of
mind-share amongst others regarding massage work. Even I've ran into
this when explaining to both men and women here in Ohio that I'm an
LMT. As soon as I mention massage, the jokes about "happy endings" and
working on naked people often start. Even though these are meant in a
joking fashion, it shows how deep a perception can run in a
population.

Licensing doesn't stop brothels and massage parlours from operating.
It just serves as a way to control those that accept the licensing and
the controlling laws that come with it.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

>  > First of all there needs to be modular education, which still isn't the
>  > case even in the First Licensed State of Massage Therapy - Ohio.
>  >
>  Jason, it would be cool if you could pioneer that here.

That wouldn't happen I'm afraid.  There are a couple of reasons:

1) Apart from the fact that I don't think I know enough yet to be able
to move into an full instructor position, I wouldn't be able to teach
here in Ohio myself because I don't have a BA/BS degree that includes
A & P Training - which is one of the requirements of a school in Ohio
to offer a massage curriculum. That's not to say that a school
couldn't be created and have others teach.

2) The curriculum and content for passing the massage licensing exam
is set by the state, so education programs are designed around that.
There's no real room for modularizing massage content because you need
to meet a certain number of hours of school curriculum and passing the
exam is hard enough without including a bunch of optional modules. My
school curriculum included a few small classes in additional
modalities, bu t they were set by the school rather than being allowed
to be chosen by the students. A truly modular education requires some
core classes, and then other classes than build on these classes to
choose a rounded but personal education.

3) Licensing to a specific standard precludes the ability to develop
your own curriculum. When a standard is enforced at a high level of
hours and education, then modularization is off no benefit, and
instead adds additional level of stress and work to students already
trying to meet high goals. The lowering of the standard would enable a
more personal form of education and training over a longer period of
time, allowing for mentoring and development of strong practices and
support networks amongst students and practitioners, improving the
available offerings for all current and future clients of somatic
work. It also fosters shared learning and continued professional
advancement and peer conduct.

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com

>  Recognizing Professional Misconduct

Is there such a thing as Amateru Misconduct? Can I do that instead?

>  Each profession operates by a set of laws, rules, and
>  regulations. While New York's licensing process helps
>  to ensure that only qualified individuals are authorized
>  to serve the people of New York State, sometimes licensed
>  professionals do not meet the standards of conduct required
>  of them. Professional misconduct includes the following:
>
>  - Engaging in acts of incompetence or negligence

Hmm. I'd say that most politicians fall into this camp seeing as they
act on things they know very little about most of the time, and only
what they're lobbyists require of them.

>  - Failing to return or provide copies of records on request

Insurance companies suffer from this, heavily. We've encountered this
personally many times with my wife's health.

>  - Practicing under the influence of alcohol or other drugs

There was a story lately about a state, Oregon I think, that actively
put a law on its books saying that lawyers and judges weren't allowed
to drink while on the job.

>  - Being sexually or physically abusive

Good. I can still be mentally, socially, financially and emotionally abusive!

>  - Practicing beyond the scope of the profession

All manner of other occupations do this at various times, whether
regulated or not. This occurs a great deal in the IT world because
deadlines, profit margins and shareholder projected profits neeed to
be met.

>  - Abandoning or neglecting a patient in need of immediate care

Absolutely horrendous when it happens, and we've all heard about it
happening at various medical facilities around the world.

>  - Performing unnecessary work or unauthorized services

Doctors, dentists, construction workers, builders, electricians,
mechancics - they've all done it.

>  - Charging for work not done

See above.

>  - Stealing from clients or committing insurance fraud

See above.

>  In general, we do not handle complaints about fees unless
>  fraud is involved. Please note also that we do not address
>  office practice issues (such as long waiting times).

Who does addess long wait times? One reason I don't go to the doctor
much myself (apart from I generally am very healthy) is the fact that
if I make an appointment for 10:00am I expect to be seen at that time,
and not have to wait another 2 hours because everything that was
booked at the same time or before me actually turned up. Caring should
come before profits, no matter the profession.

>  Soooooo, um, what's the point of licensing again? I forget.
>  Thank gawd I'm not a "professional" yet! (But I'm gonna be
>  a grandfathered soon!)

1) To make money.
2) To punish those who fall outside of the parameters of the licensing
scope/agreement.
3) To allow someone to do something within enforced virtual boundaries.

>  This stuff isn't massage-specific, but includes massage - my
>  having landed there from their massage therapy page.
>  (http://www.op.nysed.gov/massb.htm)
>
>  Geez, seems like "Performing unnecessary work" leaves the
>  lawsuit door pretty much broken off the hinges. I guess up
>  there I'd have to do the minimum necessary to achieve whatever
>  it is I achieve in my sessions. Sure hate to over-relax some
>  poor client. Of course, after a thousand hours of training
>  that I neither need nor want, I'd be too burnt out to find
>  work anyway.

And better make sure you document everything or get their permission
to video-record the session in case you end up being sued!

--
Jason Paul McCartan, LMT
Somatic Knowledge LLC: www.somaticknowledge.com
Satori Health & Wellness: www.satorihealth.com
The Somato-Do (Way of the Body) Blog: www.somatodo.com