Posted 08/07/99
New York State Coalition of Non-Massage Organizations Contact Person; Don Schwartz 415 / 3882688
On May 26, an oriental bodywork practitioner in New York City was arrested at gun point by four police officers, who handcuffed, jailed and charged her with practicing massage without a license. She was held for 12 hours, after which she received an ACD (Adjournment in Contemplation of Dismissal). This means that although no plea was entered, she can no longer work at her profession, under threat Of further arrest. This bodyworker is an accomplished dancerchoreographer in New York City, has done graduate work at the University of Amsterdam, and is a graduate of the Ohashi Institute where she studied oriental therapies for three years before receiving her certification. The New York State Coalition of NonMassage Organizations believes the charges against her are unfounded.
The New York massage statute defines massage as "engaging in applying a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation the statute does not define the methods or intent of other nonmassage practices (such as Alexander Technique, BodyMind Centering, Feldenkrais™, Hellerwork,, Oriental Bodywork, Polarity, Reflexology, Reiki,, Rolfing™, Rosen™, Rubenfeld Synergy™, Trager™ Approach, and other`). The State Department of Education and the Massage Board insist that these nonmassage practices are regulated by the statute, and therefore claim that they are practicing illegally.
For more than six years the New York Coalition of NonMassage Organizations has voiced its opposition to this interpretation of the statute by the State Education Department The Massage Board is the advisory board to the State Education Department concerning all massage matters. When the coalition requests to be heard by the Massage Board, they are told to go
the State Education Department and/or the Board of Regents, troth of which send them hack to the Massage Board. This is a "catch 22" situation, and as a result, they have no forum. The Coalition served the NYS Education Department with a FOIL (Freedom of Information Letter) in January 1999. Because the letter was answered only in part, it did not address the questions of how, when, and why each of the alternative practices was made part of massage therapy. Having no recourse with the state, over the past eight months the New York Coalition of Non-Massage Organizations has been meeting with the New York State Joint Council of Massage Therapy Schools and Organizations to attempt to clarify and define our practices The Coalition is not opposed to regulation, only to unjust/ inappropriate regulation. The state is enforcing regulation without representation.
The NY massage statute, enacted in 1966 as an antiprostitution law is now being interpreted by the Department of Education to include all practices that use handsor work. The recent arrest of the oriental bodywork practitioner in New York City is the first of what could be many such arrests if the State Department of Education pursues its current course of action.. This action will have farreaching effects beyond just practitioners themselves. Alternative schools will close, practitioners will no longer be renting space in New York, those who choose to become Licensed Massage Therapists will have to raise their rates to cover the high cost of unnecessary schooling, and New York's economy will suffer This is a losing proposition As we head into the new millennium, and as the alternative health field is expanding exponentially, the State board of Education is limiting New Yorkers, choices.
Voice your opinion. Show your concern. Please call Commissioner Johanna Duncan Poitier at the New York Slate Department of Education 518/4743862 today Or write to her at the State education Department, The State University of New York, Albany, NY 12230. Voice your concern over your right to practice, and your right to select the alternative practitioner of your choice.
Don Schwartz, PhD., Executive Director
The Trager Institute
21 Locust Ave. Mill Valley CA 94941-2806
Phone; 415/ 388-2688, Fax: 415 / 388-2710
www.trager.com
This Article is fromABMP Journal, Different Strokes, Volumne 14, number 4, page 6.