California's AB 1822 - How Cynical Can You Get?

Comment

Comment by Robert Pettapiece on October 7, 2010 at 5:40am

The mentality associated with the way the laws were contribute enormously to the fact that California is FULL of massagestitutes.I went into this business to help people, and to make a good living. I was horrified to see how it actually is. People automatically expect "more than massage". Police permits? really? Are they serious? It's no wonder. The old saying goes that if you treat someone like a dog, then they will eventually act like one...and that is why we have this huge problem of "massage therapists" practicing as whores in this state. What we need is is a law that would "go after" these people. Arrest them, put them in jail.

Comment by Ingrid Marsten on June 2, 2010 at 8:32am

As an instructor and therapist for massage and bodywork, I was looking forward to SB731, and I am disappointed by this new proposal AB1822. It has always been insulting to be considered little better than a prostitute by the cities. AB1822 is nothing but a thinly veiled way of regaining control and money. While there has always been the prostitution angle, AB1822 will not prevent that particular issue but simply make it much more difficult and expensive for MTs to practice their profession. For all the years I have been in business as an MT, it was extremely uncomfortable to know that I could possibly break the law by crossing a city border into a city where I didn't have a valid permit and license. Thus AB731 has relieved me and many others, who don't mind paying for our licenses, but couldn't afford to buy a permit in every city, not to mention the indignity attached to the issuance of a Vice police permit.

However, and it is with a certain amount of sadness that I am posting this, I would have preferred a comprehensive written test in order to become a certified MT in CA. I am seeing students pass in one of the schools I am working, who do not, in my opinion, qualify. I am not so much talking about prostitution issues, but about qualification issues. They pass because nobody can really fail. They have paid the money for their education (mainly through federal financial aid), and some of them (trend upwards) are not so much interested in becoming a good MT, but just in an easy gig. They pay their fee to CAMTC and then are considered a qualified MT in CA. Sorry, but some of my latest students have been a scary bunch in terms of education and qualification. Unsuspecting clients will check their status, see certified massage therapist, and erroneously believe they are choosing a safe and qualified MT. Not always so (trend upwards too). So in some ways, CAMTC has "lowered the standard" or at least not really brought it up to a level that I would think would be reflected by the amount of hours required to qualify. As long as students can do "extra" unsupervised clinical studies hours, it benefits massage schools financially, but not the student's education and not the public's safety.

Putting it back into the hands of the cities, like suggested through AB1822, however, would be a horrible step back. They know nothing about eduction and I seriously doubt it would change any prostitution/human trafficking problem.

Comment by Keith Eric Grant on May 4, 2010 at 4:51pm

Burt,

The main motivation for participation in the CAMTC certification is ensured exemption from local licensing. Without that, I doubt that CAMTC will remain viable.CAMTC is not state funded, but funded via certificant fees. There is also no requirement that massage organizations participate or promote it -- only eligibility stipulations for participation. There's a mandatory certification, where there are no local laws, that is also legally problematic. I don't see CAMTC spending its funds to defend that from lack of definition of massage therapy (there was no definition in SB 731) or from anti-trust. As a private agency, CAMTC does not have a state board's or state agency's "state action immunity" from anti-trust.

So, I see multiple ways that AB1822, without explicitly removing CAMTC, could simply terminate it indirectly.

Comment by Burt Boss on May 4, 2010 at 3:43pm

Keith: Good to see you active in the latest debate. I read your "blog post and action alert", and I have read several other "opinions" about AB 1822. Most of what I have read intimates that AB1322 will require cities, counties and local law enforcement to be involved. However, the The Legislative Councils Digest seems to state that a practicing therapist needs either the State Certification or a local license, and leaves up to the cities the option to decide if they want local law enforcement to be involved. It does not appear to mandate that. It does appear to add a requirement for business and / or establishemnt licensing for all practitioners, removing the exemption for establishments that have only certified therapists. That may not be a bad thing since the exemption appears to provide an unfair operating advantage to certain businesses. I post this because most of what I have read appears to ignore those concepts. Thanks again. Burt

Comment by Zella Kitamura on April 21, 2010 at 8:06pm

Eric, we so need to get the work out to all who have been certified or are in the process of CAMTC certification that this is happening with AB 1822! We were so relieved that the CAMTC was up and running, because the police here in Woodland lost half of the massage therapists files, they have since changed the story to "they were accidentally shredded". Taking care of the permit issuance was never a favorite job of our police (who really have too much else to do). Since when did the chiefs of police become qualified to evaluate our education? Are the enforcers of the law also supposed to be making the laws? I guess I misunderstood that aspect of "checks and balances" in grammar school, high school, and college, I am trying to set up a meeting with our local chief of police in hopes that he can begin to see us as human beings who truly are dedicated to their profession, who have families, friends, responsibilities, and a sense of community. Thank you for your posts.

Comment by Keith Eric Grant on April 21, 2010 at 10:59am

I suppose, it would also help if I actually put in the link to the AB 1822 staff analysis. That's at http://bit.ly/9t6rSo

Comment by Keith Eric Grant on April 21, 2010 at 10:58am

For those in California, their assembly member is the next target for education about the PROFESSION of massage therapy and outrage at AB 1822. It's also not too early to start on your state senator. Beyond that, those both within and outside of California can start sending letters to the chair of the Senate Business & Professions Committee, letting her and other committee members know the outrage at AB 1822 and that the massage professionals across the national are both concerned and watching closely. I'd also recommend spending the stamp and sending your input to the committee via regular mail. There's something about a stack of mail that fills a file drawer... http://bit.ly/cLotgB

One can get a "better" idea about the tactics being used by the proponents of the bill, by looking at the Assembly staff analysis and summary of arguments. Rick McElroy, who is on the CAMTC BOD as the representative of the CA League of Cities provides the counter argument. Rick has 30+ years experience on the LA police department with 25 years in vice control. That he is comfortable with the actions and accountability of the CAMTC board and the review process says a lot. In contrast, the proponents of AB 1822 are claiming that 9 out of 10 applicants are either known prostitutes or have a suspicious background, which is a very blatant fabrication. Mendacity from the proponents flowed like syrup on a hot day at yesterday's hearing.

Comment by Crystal Dawn Suovanen on April 21, 2010 at 12:33am

Thanks for posting, Keith. I had emailed all of the assembly members, but I suppose it was too late.

Now I have emailed my local senators and assembly persons to let them know therapists are against this bill.

Comment by Keith Eric Grant on April 20, 2010 at 11:11am

This morning, AB 1822, which would destroy the integrity of state-level regulation of massage therapy, made it out of the California Assembly Business & Professions Committee on a 5 to 3 vote.