Some of you have concerns about the meeting that was convened by a
group of stakeholders, consisting mainly of massage therapy school
owners, with the state agency that regulates them in Austin, Texas on
or about June 19th, 2007.

It seems the purpose of the meeting was to develop and/or provide
suggestions on policies before the State has developed the policy.

If you are such a person, you may be interested in this post.

The original meeting was not made public. In fact, we have heard of
some fellow therapists who happened to become aware of the meeting who
have stated that they "crashed the meeting". This verbiage suggest
that they were not invited and did not have any understanding that it
was an open meeting, but decided to be bold in their actions to
attend the meeting, despite not being invited.

At the meeting, we have heard that in attendance were stakeholders
mainly consisting of massage therapy school owners and three
representatives from the State of Texas, including Dan Meador of the
General Counsels Office.

The fact that Dan Meador is attending these meeting(s) suggests that
he may have a question about an actual conflict of interest, or a
perceived conflict of interest by the public about this group being
an advisory committee. If so, his concerns are certainly verified.

In fact, Vicki Matthews of the Texas Association of Massage
Therapists recently used the following words in one of her posts to
a major online user group within the Texas massage industry ...

<quote> "The AdHoc committee, which I like to call an advisory
committee …" <unquote>

Obviously, even senior members of the "AdHoc" committee consider
themselves an Advisory Committee.

In addition, just yesterday, we saw a post to a user group by
an individual who grades practical exams for the Texas Department of
State Health Services who stated that he received an e-mail stating
that "the last practical exam will be given in August". He went on to
state that "this surprised me, because I had heard anyone in school
before Sept. 1 still had to take the practical, once they finished."
He went on to ask the AdHoc/Advisory committee why the practical is
being discontinued after August.

Indeed, even someone who does work for the Texas Department of State
Health Services is turning to this AdHoc/Advisory committee, rather
than his contacts within the State of Texas, to obtain answers to
legislative issues. Truly, he must believe that the AdHoc/Advisory
committee is calling the shots within TDSHS.

Why is this important? Read on.

We have heard that TDSHS has not designated this body as an advisory
committee. However, even if DSHS is attending a meeting where
stakeholder input is being taken, it should be a public meeting
regardless of who convenes it.

The group in question is making specific recommendations to DSHS for
the development of policy, procedures and rules, not providing
stakeholder input into draft rules, policy, or procedures that have
already been developed. As such, they are acting in an advisory
capacity to DSHS, regardless of whether DSHS convened them or not.

Because the original meeting was not open to the public, it has
created a perceived conflict of interest. Indeed, this advisory body
has provided stakeholder input, and proposed policy, procedure, or
rules to DSHS under which they would directly benefit. As a result,
the State of Texas Sunshine Statutes and Conflict of Interest Laws
should apply as they are codified.

By law, the Texas Department of State Health Services should only
implement rules that meet the requirements of the law. However,
should TDSHS adopt rules that exceed the requirement law, anyone can
request a judicial review. In such reviews, if it is found that TDSHS
has exceeded the requirements of the law, the rules will be dismissed.

I urge you to read the suggested rule changes being submitted by this
AdHoc/Advisory Committee and any other person and committee. Indeed,
many of the suggested rule changes exceed the requirements of the law.

I urge you to take the following actions:

1) Read and become aware of the new massage therapy law. You may read
the new law here:
http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/HB02644F.htm

2) Develop and submit your recommended rules to the Texas Department
of State Health Services. Your submission can be sent via US Mail to:

Massage Therapy Licensing Program
Texas Department of State Health Services MC-1982
1100 West 49th Street
Austin, TX 78756

Or, my e-mail to: massage@...

3) Become aware of any and all submitted suggestions for rule changes
by submit an "open records request" to the State of Texas and ask the
following:

"I request to be notified of the public comment period on any and all
drafted policy and/or rules based on HB2644. In addition, I request a
copy of any and all recommended and suggested rule changes and any
other material provided to the State of Texas to date and in the
future by any person, group, and/or committee."

An open records request can be made at the following URL:
http://www.dshs.state.tx.us/plc/plc_open.shtm

4) If you are concerned about the suggested rule changes by
AdHoc/Advisory Committee, submit the following the Texas Department
of State Health Services:

"I understand that a meeting, which was not publicly announced, was
convened by a group of stakeholders, consisting mainly of massage
therapy school owners, with the state agency that regulates them. It
seems the purpose of the meeting was to develop and/or provide
suggestions on policies before the State has developed the policy. I
have seen posts to a user group that suggests that the public views
this group as a State of Texas sanctioned "Advisory Committee".
Indeed, there is a perceived conflict of interest. As a result, the
State of Texas Sunshine Statutes and Conflict of Interest Laws should
apply as they are codified. In addition, I urge the Texas Department
of State Health Services to implement rules that meet the
requirements of the law. However, should TDSHS adopt rules that
exceed the requirement law, judicial review may be necessary."

Your submission can be sent via e-mail to:
massage@...

5) Within the public comment period, voice your concerns about any
rule(s) that exceed the requirements of the law.

In Service,
Brad Stevens
http://www.novocupido.com