Massage therapy legislation 2016: How you can help

Becky Bowers-Lanier, President - B2L Consultingbecky@B2Lconsulting.combowerslanier@gmail.com

What we’ll discuss:

• What the massage therapy bill aims to do• A review of Civics 101 or what you

should’ve learned in high school if you were paying attention

• The political landscape • What you need to do to get our bill passed

The massage therapy bill (right now)

• Changes the Code of Virginia on the regulation of massage therapists from state certification to licensure

• Makes small changes to the definition of MT• Adds a section about who is exempt from licensure• Makes technical changes in the law to change certification

to licensure• Adds applicants for licensure to the list of individuals who

must submit to fingerprints and national criminal background checks

• Removes outdated language• Enactment date postponed to 2017

Important points to be made

• Licensure is the most appropriate type of regulation for MT:– MTs practice autonomously and in one-on-one

settings with clients.– MT practice has the potential to harm the public

from negligence, incompetence, or unethical behavior.

Additional important points

• In some jurisdictions people are practicing MT under loophole in current law. May be associated with:– Human trafficking. – Prostitution.

• Some jurisdictions have on their own required all who practice MT to be certified (exceeding state law).

How will licensure benefit me?

• Protects my practice because it makes it illegal for unlicensed people to practice massage therapy.

• Having a license may help make your case for insurance reimbursement.

• Puts me in the same place with other licensees of the Dept of Health Professions like nurses, physicians, pharmacists, acupuncturists, physical and occupational therapists, and the like.

How will licensure help the public?

• The public should be assured that when they receive services from a massage therapist, that person has met the requirements for licensure in Virginia.

• The public has assurances that they can complain to the Dept of Health Professions if they believe they were harmed by a massage therapist.

• It may be more difficult for individuals to participate in human trafficking under the guise of massage therapy.

What are the nuts and bolts of the proposed licensure bill? (see slide 2 or look

below)• Changes the Code of Virginia on the regulation of massage

therapists from state certification to licensure• Makes small changes to the definition of MT• Adds a section about who is exempt from licensure• Makes technical changes in the law to change certification

to licensure• Adds applicants for licensure to the list of individuals who

must submit to fingerprints and national criminal background checks

• Removes outdated language• Enactment date postponed to 2017

Current and proposed definition of massage therapy

"Massage therapy" means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms "massage therapy" and "therapeutic massage" do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.

"Massage therapy means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms term "massage therapy" "therapeutic massage do does not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, midwifery, chiropractic, physical therapy, occupational therapy, acupuncture, athletic training, or podiatry, is required by law.

Other proposed changes in the MT law

• Exemptions from the licensure requirement– Students under supervision of licensed MT– LMTs from other states in Virginia for athletic

events– Family members– Other Virginia regulated health professions for

whom massage may be part of their practice

Criminal background checks

• Requirement for RN and LPN applicant licensure effective 2017.

• Consistent with our position that some people practicing uncertified are victims of human trafficking or are practicing prostitution. This will serve as a deterrent.

• May assist MTs to argue for changes in local ordinances that require criminal background checks

• Does NOT apply to those MTs holding current state certification, only to applicants for licensure

Why the delayed enactment of the law?

• The law will become effective in 2017 instead of 2016.

• The delay will enable the Board of Nursing to institute the criminal background checks for all nurse and MT applicants at the same time.

• The delay will give an extra year to MTs who are not currently certified to become so.

How will the law affect me?

• There will be no practical effect other than to say that you’ll be licensed instead of state-certified.

• Also:– No increase in fees– No additional regulatory requirements– No need to apply for your license. At renewal, you

will be issued a license; not a certificate.– No need to get a criminal background check.

Now that you know the bill’s intents, what is next?

• What you need to know to be a savvy advocate.

• Basically:– Who are your state delegate and state senator– How do I get a hold of them?– What do I say?– How do I follow up?– Why is this important?

And one more important thing

• For those of you who can come to the General Assembly during the legislative session:– Plan on coming to our legislative day where we do

seated massages.– 5 East conference room February 3, 9:30-11:30– If you are available, plan to come to the

committee meetings when our bill is deliberated.• No times available, but if you think you want to

participate, let me know.

Review on three branches of government

• Legislative• General

Assembly• Congress• City Council

• Executive• Governor• President• Mayor • Judicial

• Courts• Commonwealth

attorneys

The Virginia General Assembly: tidbits

• Citizen legislature• House of Delegates

– 100 members– 2-year terms– Elected every odd year

• Senate: – 40 members– Elected every four years in odd years

The Virginia General Assembly Calendar

• Each even year– 60-day session– New members (every other year, HOD, every four

years, Senate)– Budget adopted

• Each odd year– 45-day session– No new members (unless special election)– Budget amended

Bills: From idea into reality

• Constituents express need for a change in law• Need expressed to legislator or member of

executive branch• Need put into legislative language • Bill assigned to committee• Committee acts on bill

– Amendments

From idea into reality (continued)

• House acts• Passed bill “crosses over” to other house• Process repeated• Bill passes• Same bill must pass in both houses• Passed bill on to the Governor• Governor signs into law effective (usually) July 1st

• Bills may be carried over in the first year of the biennium (even year)

Our licensure bill

• Will be introduced in the House only.• Our patron is Delegate Roxann Robinson.• It will be assigned to the House Health,

Welfare, and Institutions Committee.• When it goes to the Senate (if it passes out of

the House), it will be assigned to the Senate Education and Health Committee

Idea Refer to committee

First reading Second reading Third reading

To house or senate

To opposite house

First reading Second reading Third reading

To Governor

Find patron and draft language

Successful advocacy entails

• Many individuals and groups saying the same message

• In every venue• From every perspective• Using every event and

opportunity to deliver the message

• Without unduly annoying legislators!

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How is advocacy best achieved in a Frenetic fast-paced legislative session?

• Work done up front. December.• Develop the issue way ahead of time and bring in

stakeholders early to comment and suggest changes– Messy process but invaluable– Expect and appreciate divergence of perspectives, especially

from those with a lot of skin in the game• Talk with possible patrons early

– Majority party – Interest in the topic– Know how they work their bills

What advocacy consultants (like me) see as success in meeting with your legislator

Getting to know them before you need them. • Being polite. Get to know the legislative aide.• Learning the issue you are advocating for.• Telling a good story and backing the story up with

“facts”• Respecting others’ views. No trash talking.• Being mindful of the time. • Staying focused.• Using a one-pager.• Asking for their support and listening for their

answer.

Who will be opposed to our bill?

• Some conservatives who believe that there are too many state regulations.

• Some people who are practicing massage now and who do not want to be licensed.

• Our position:– Massage therapy has the potential to harm the public if it is not

done properly. Therefore, licensure is the most effective form of regulation.

– MTs almost always practice one-on-one with their clients out of the public view. Clients needs this form of protection.

– The enactment date will allow people time to get licensed without a penalty.

Who is an effective advocate?

• Gets to know him/her before she needs them• Believes in and can speak and interpret the message• Knows her delegate and senator

• Gets a call back in 30 minutes or less• Interacts even if differs politically and ideologically

• Responds within 24 hours to each request for advocacy

• Reports back to the person making the request• Works on campaigns (time, talent, and/or $$)

Engaging the Grassroots lobbying Effort

• Influencing members to support (or oppose) a bill by constituents

• Methods– In person– By snail mail– By email or fax– By phone

Enter the lobbyist

Who are lobbyists?

• Many with law or legal expertise.• From all walks of life.• Full-time, employed lobbyists (think

Dominion, Verizon) may be experienced with subject matter.

• Contract lobbyists (think someone like BBL) must be quick learners.

Attributes of good lobbyists

• Know people.– the relevant legislators and their aides

• Teach people– Help others learn and become excellent grassroots

lobbyists• Communicate with people

– Excellent interpersonal skills (speaking and listening, interpreting nonverbal),

– learning what makes others tick

More on lobbyist attributes

• Adept at the art of persuasion• Able to work “backroom” deals• Maintain relationships with other lobbyists whose

clients may be on the same or opposite sides of their clients

• Honesty (hard to believe)• Able to “spin” the story• Systems thinkers• Sense of humor

The political landscape

• We have an ideologically split government• House will have a strong Republican majority• Senate: 19 Ds and 21 Rs• The statewide officials are all Democrats and

will remain so until January 2018

An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.

• Martin Luther King, Jr.