Dear DSA & IMSA Members, In July, we sent an alert regarding the New Jersey legislative activities concerning the regulation for Massage Therapists. We strongly urge you to become informed about this very important issue that will have a negative impact on your business and the therapists that you employ. The October issue of Massage Today contains an excellent summary of the legislation that has been introduced both in New Jersey and Pennsylvania . The article also lists several references for information on the legislation. To view the article, visit www.MassageToday.com . Amongst the critical issues in New Jersey are certain amendments concerning the language associated with “treatment”. The proposed amendment, in the current form, implies that a therapist may not “treat” a client that has an illness, disease, impairment, or disability without a referral from a health care practitioner. In a recent DSA letter to the New Jersey regulatory committee (attached), we suggested alternative language delineating that massage therapists are not permitted to perform services that require a medical or health care practitioner license. This alternative language would remove any barrier to clients accessing massage therapy on a self referral basis and allow practitioners to perform any therapies for which they have been trained and prescribed by the scope of practice definition currently imbedded in the regulations.
We urge you to send a letter to Assemblyman Peter J. Barnes 1967 Route 27 Edison , New Jersey 08817 to voice your concern and support the language we are proposing
Rosemary Weiner Regulation Chair – DSA |
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17th Street • Union City, NJ 07087 201-865-2065 / Fax 201-865-3961 Email: DaySpaAssn@aol.com www.dayspaassociation.com |
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THE DSA ADVISORY BOARD Chair & Executive Director
Reinhard R. Bergel, PhD. Colleen Blevins-Lunsford Linda Brewer Michael Carter Janet D'Angelo Monique Iacobacci Eric J. Light Marti Morenings Douglas Preston Pamela Price Stephen M. Schleicher,
M.D. Stella Sigfusdottir Skip Williams
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Assemblyman Peter J. Barnes Dear Mr. Barnes I am writing with regards to proposed amendments to the language contained in assembly bill 4034. There are, approximately, 180 legitimate Day Spas and Medi-Spas that employ massage therapists in New Jersey and an additional 1,500 massage therapists that maintain an independent practice in our state. Our members wish to inform you that we have grave concerns about the Massage, Bodywork, and Somatic Therapy committee's proposed amendment to the language that defines Massage, Bodywork and Somatic Therapies. Specifically, the current language reads “Massage Bodywork and Somatic Therapies do not include the diagnosis or treatment of illness, disease, impairment, or disability”. We recognize that no one, including massage therapists, should perform any service or procedure which requires a medical practitioner license such as orthopedics, physical therapy, podiatry, chiropractic, osteopathy, psychotherapy, or acupuncture. In addition, we support the language of section N.J.A.C. 13:16.7 which addresses scope of practice and limits practitioners to performing only massage, bodywork, and somatic therapy for which they have received training and certification. We strongly object to and do not support the Massage Bodywork, and Somatic Therapy committee's 05/04/05 vote to support a modification of the current language. Specifically to add the phrase “unless a health care professional refers a patient to a massage, bodywork, and somatic therapists”. This proposed language implies that if a client has an existing condition, coincidental to their massage session, that the therapist would be prohibited from performing their services, without a referral from a health care practitioner. The majority of massage clients are self referred. Traditionally, professional practitioners perform a “pre-service” medical screening history to elicit any conditions, or issues which would contraindicate performing any work on the client or require modification of technique or referral to a health care practitioner. Within the context of the proposed new language, should a client history reveal that they have conditions such as a stiff neck, pain, arthritis, stress, or anxiety the practitioner would be prohibited from working on the client. This would have a devastating economic impact on the Massage and Spa Industry. In addition, it would infringe upon the public right to self referral access to a beneficial elective service. The consumer advocacy intent of the amendment would be better served if the current references to treatment and referral were removed and replaced with a simple statement: “Massage Bodywork & Somatic Therapists are prohibited from performing any service which requires a medical professional license”.
Sincerely,
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