Archive for Licensing and Legislation

NCE Exam

The NCE exam for massage therapists is supposedly an attempt to create national regulation of massage therapists.  It does not allow you to practice in any state that you want.

You can take the test if you need to for state licensing without getting the National Certification Status as outlined in their rules.  Keith Grant informed me of this little catch in the NCE in his article “Conned- Critique of New NCBTMB Eligibility Determinan

In the application form it states:

If a candidate does not wish to become nationally certified, but is still required to take and pass the National Certification Examinations in order to practice in a particular jurisdiction, then he or she may select, NCBTMB National Examination for States Licensing (NESL) option.The NESL option is available to any candidate who is denied eligibility for certification through NCBTMB, either by the traditional application or portfolio review process. In addition, the NESL option is available to candidates who do not wish to become nationally certified or do not meet the eligibility criteria that are outlined in this the National Certification Examination Candidate Handbook. Candidates who select the NESL option are not required to submit notarized copies of  diplomas and/or official transcripts. However, candidates are still required  to adhere to all policies and procedures associated with the examinations, as they are outlined in the National Certification Examination Candidate Handbook.”

I am not sure quite what that means but I think it means you can take the test without going to school.  I may be wrong on that and hope to get some clarification on that.

Disciplining Massage Therapists

I have been researching the state boards and licensing issues in the states so that I could include some of the information in my website as to what it is like to practice in each state.

I found an interesting section on some states websites about the disciplinary actions they are taking against massage therapists and the reasons they are taking them. I also just read that the new FSMT is planning on having a national database to track people who violoate the laws.

We could get in to the issues regarding the law and do we even need laws to protect the public from harm as many of the laws think they are doing, but I’ll put that in a separate page on my other blog www.thebodyworker.com

Here are some of the findings of what massage therapists are getting in trouble for:

Alabama massage therapy disiplinary actions


These listings come directly from the
State of WA Dept of Health website.

“In October 2006 the Massage Program entered and Agreed Order with massage practitioner Gary T. Kiyonaga (MA00015721). He agrees to surrender his license and not practice massage in Washington. Kiyonaga touched a patient’s genitals.”

“In November 2006 the Massage Board charged Issaac L. Rakestraw, an applicant to practice as a massage therapist (CA00008767), with unprofessional conduct. He was convicted of possessing a dangerous weapon, assault, obstructing a public servant and assault with a deadly weapon.”

“In November 2006 the Massage Program placed the license of massage practitioner Myong Pang (MA00018747) on probation for five years. She must comply with terms and conditions. Pang is the owner and/or operator of Classic Body Tonic Spa, Lynnwood, in which she allowed an unlicensed practitioner to perform massages and/or sexual acts on an undercover officer.”

“In November 2006 the Massage Therapy Program denied the application of Joo H. Badgley to practice as a massage therapist (CA00008073). She may not reapply for three years. Badgley practiced massage without a license and touched a client’s genitals. She was arrested and charged with prostitution.”

“In October 2006 the Massage Program placed the license of massage practitioner Jason A. Cady (MA00019947) on probation for five years. He must comply with terms and conditions. Cady had sexual contact with a client.”

In October 2006 the Massage Program amended a Final Order against Dale A. Neel, licensed to practice massage (MA00011286). His license is revoked for 10 years for sexual misconduct. Neels’s license was immediately suspended in March 2006 for this misconduct.

In September 2006 the Massage Program placed the license of massage practitioner M. Esther Chandler (MA00016260) on probation for two years. She must comply with terms and conditions. Chandler engaged in a bartering system with a client and had a sexual relationship with the client.

In October 2006 the Massage Program charged Russell R. Turpin, an applicant to practice as a massage practitioner (CA00008666), with unprofessional conduct. He was convicted of theft and court-ordered to serve time in jail when he did not comply with the criminal sentence.

In October 2006 the Massage Program charged massage practitioner Petra Murdoch (MA00019198) with unprofessional conduct. She allegedly practiced massage without a valid license and failed to comply with an order imposing restrictions on her license.

In August 2006 the Massage Program charged Ann Marie Taylor, a massage practitioner (MA00004584), with unprofessional conduct. Allegations against her include allowing an unlicensed individual to practice massage and practicing herself without a valid license.

Oregon: In July 2006 the Unlicensed Practice Program issued a Cease and Desist order against Julie Grant. She must immediately stop the unlicensed practice of massage in Washington.

In August 2006 the Unlicensed Practice Program issued a cease and desist order against Aubrey Hart Sparks, Seattle, for practicing massage without a license. Sparks advertised as a massage therapist on an Internet Web site and in the Seattle Weekly.

In August 2006 the Massage Program denied the application of Raun J. Sedlock to practice as a massage practitioner (CA00008129). He is unable to practice with reasonable skill and safety.

In July 2006 the Unlicensed Practice Program issued a Notice of Intent to issue a Cease and Desist Order against Yong Yan. He allegedly performed massage therapy to the public and presented a business card offering massage therapy. Yong Yan is also known as Bill Yan. He is not licensed as a health care provider.In July 2006 the Unlicensed Practice Program issued a Notice of Intent to issue a Cease and Desist Order against Aubrey Hart Sparks. He allegedly advertised and represented himself as a massage therapist. Sparks does not have a license to perform massage.

In July 2006 the Unlicensed Practice Program issued a Notice of Intent to issue a Cease and Desist Order against Myong Chow. Chow allegedly performed massage on a client in exchange for money; Chow does not have a license to practice massage.

In July 2006 the Massage Program denied the application of Lee A. Erhart to practice as a massage practitioner (CA00008524). He was convicted of communicating with a minor for immoral purposes.

In July 2006 the Unlicensed Practice Program issued a Notice of Intent to issue a Cease and Desist Order against Jung Kyu Park. Park allegedly performed massage on multiple clients at Newlife Fitness and Spa in Lynnwood. Park does not have a license to practice massage. Jung Kyu Park is also known as Chung Kyu Park.

In June 2006 the Unlicensed Practice Program amended a Notice of Intent to issue a Cease and Desist Order against Faith He. While working at Salon Domani, Bellevue, she allegedly administered an injection under a patient’s skin. Other allegations against her include representing herself as a registered nurse and advertising she provided acupuncture and massage services at the salon. She does not have a credential to practice as a health care provider in Washington.

Allegations of sexual misconduct led the Washington State Department of Health to immediately suspend the license of Charlie Cheng, a massage therapist in Seattle (MA00004389). This action, called a summary suspension, means Cheng cannot practice or be employed as a massage therapist in Washington, pending the outcome of a hearing.

According to the statement of charges, Cheng engaged in sexual misconduct with a client including inappropriately touching her breasts and genital area. In 2000 Cheng was charged with unprofessional conduct for allegedly touching three female clients in a sexual manner. These charges resulted in an Agreed Order in which Cheng agreed to restrictions of his license, including notifying female patients they can request a chaperone during treatment.

In June 2006 the Massage Program charged Lee A. Erhart, an applicant to practice as a massage practitioner (CA00008524), with unprofessional conduct. He was convicted of communicating with a minor for immoral purposes and allegedly concealed the conviction on his application.

In June 2006 the Massage Program charged Myong Pang, a massage practitioner (MA00018747), with unprofessional conduct. Pang was the owner and/or operator of Classic Body Tonic Spa, where she allegedly allowed an unlicensed person to perform massages and sexual acts on a client.

The Washington State Department of Health has revoked the license of Sumner massage therapist John Wiley (MA00008270) for seven years on charges of sexual misconduct. Wiley cannot practice or be employed as a massage therapist in Washington.

Wiley committed unprofessional conduct by having inappropriate sexual contact with several female clients including exposing and touching clients’ breasts, genitals and buttocks. He also made inappropriate sexual comments to the clients. His license was immediately suspended in January 2006.

Wiley may not reapply or request modification of the Agreed Order for seven years. Before he can ask to resume practice as a massage therapist, he will be required to undergo an evaluation by a certified Sex Offender Treatment Provider and meet other conditions to assure safe and competent practice.

In May 2006 the Massage Program amended a statement of charges against Emily S. Suttle, a massage practitioner (MA0014703). She is charged with unprofessional conduct for allegedly attempting to obtain a controlled substance from a patient and pretending to be a patient to obtain controlled substances.

In May 2006 the Massage Program charged massage practitioner Gary T. Kiyonaga (MA00015721) with unprofessional conduct. He allegedly touched a client’s genital area during a massage.

In May 2006 the Unlicensed Practice Program issued a Cease and Desist Order against Maria Gent. She must immediately stop the unlicensed practice of massage and stop representing herself as a massage therapist. While working at DTM & Luxury Foot Spa in Bremerton, Gent represented herself as a massage practitioner and gave massages to clients.

In May 2006 the Massage Program charged massage practitioner M. Esther Chandler (MA00016260) with unprofessional conduct. She allegedly engaged in a sexual relationship with a client.

In April 2006 the Massage Program placed the license of massage practitioner Zhang “Dana” Zhiqin (MA00020235) on probation for two years. She must comply with terms and conditions. Zhiqin knowingly allowed unlicensed employees to perform massages on clients.

In March 2006 the Massage Program charged massage practitioner Heather N. Mignone (MA00017863) with unprofessional conduct. She was convicted of attempted murder and conspiracy to commit murder and concealed the convictions on her application. She is also charged with having a sexual relationship with a patient.

In March 2006 the Massage Program revoked the license of massage practitioner Heather N. Mignone (MA00017863) for 10 years. He was convicted of attempted murder, conspiracy to commit murder and solicitation to commit murder.

In March 2006 the Massage Program placed the license of massage practitioner Randall L. Kenyon (MA00013417) on probation for five years. He must comply with terms and conditions. Kenyon touched a client in a sexual manner during a massage.

In March 2006 the Massage Program granted Sonja M. Gleason a license to practice massage (CA00007687). Her license is placed on probation and she must comply with terms and conditions. Gleason has several criminal convictions, including possessing stolen property, unlawful possession of a controlled substance and possessing methamphetamine.

In March 2006 the Massage Program granted Sonja M. Gleason a license to practice massage (CA00007687). Her license is placed on probation and she must comply with terms and conditions. Gleason has several criminal convictions, including possessing stolen property, unlawful possession of a controlled substance and possessing methamphetamine.
In February 2006 the Unlicensed Practice Program issued a Cease and Desist Order against Michelle Granger. She must immediately stop the unlicensed practice of massage. Granger has practiced massage and represented herself as a massage practitioner and she holds no credential to practice massage.

A Kirkland massage therapist has been revoked from practice after failing to respond to charges of sexual misconduct. The state Department of Health has revoked the license of Marques Garcia (MA00020765) for 10 years.

Garcia’s license was immediately suspended in February 2006 for sexual misconduct charges; he failed to respond or request a hearing. Garcia was employed as a personal trainer at a fitness center in Kirkland and had a personal training gym and massage table in his home. He engaged in sexual misconduct with a client during massage and personal training sessions at his residence and while at a nearby park. This included kissing the client and inappropriately touching and exposing her breasts and genital area during a massage.

In February 2006 the Massage Program withdrew a statement of charges against Craig S. Martindale, a massage practitioner (MA00019191).

In February 2006 the Massage Program charged Emily S. Suttle, a massage practitioner (MA00014703), with unprofessional conduct. Allegations against her include asking a patient to give her a controlled substance from the patient’s personal prescription

In February 2006 the Massage Program granted the application of Jarrid D. Horn for reactivation of his license to practice as a massage practitioner (MA00008352). His license is placed on probation for two years and he must comply with terms and conditions. Horn was convicted of violating the uniform controlled substance act

In February 2006 the Massage Program vacated a Final Order with Zhang “Dana” Zhiqin, a massage practitioner (MA00020235). There are pending charges of unprofessional conduct against him

In January 2006 the Massage Program charged Jarrid D. Horn, a candidate for reactivation of his expired massage practitioner license (MA00008352), with unprofessional conduct. In 2002, he was convicted of violating the uniform controlled substances act. In February 2003, the program accepted an agreed order, in which he admitted the conviction. The reactivation was granted and his license is on probation for two years. He must comply with terms and conditions.

In January 2006 the Massage Program charged Joo H. Badgley, an applicant to practice as a massage practitioner (CA00008073), with unprofessional conduct. She was arrested and charged with prostitution

Charges of sexual contact with clients have led the Washington State Department of Health to revoke the license of Wenatchee massage therapist Richard Oaks (MA00018032). The revocation will be in place for 20 years and prohibits Oaks from practicing or being employed as a massage therapist in Washington.

Oaks admitted to inappropriate sexual contact with clients, including touching their breasts and genitals, engaging in oral sex with more than one client and masturbating four to five clients and himself during massage sessions. Oaks also had affairs with at least four clients.

In January 2006 the Massage Program indefinitely suspended the license of Zhang “Dana” Zhiqin, a massage practitioner (MA00020235). She knowingly allowed unlicensed people to perform massages on clients at the spa she owned and operated

In December 2005 the Massage Program charged massage practitioner Randall L. Kenyon (MA00013417) with unprofessional conduct. He allegedly touched a client in a sexual manner.

The Washington State Department of Health has immediately suspended the license of John Wiley, a Sumner massage therapist (MA00008270) on allegations of sexual misconduct. This action, called a summary suspension, means Wiley cannot practice or be employed as a massage therapist in Washington, pending the outcome of a hearing.

According to the statement of charges, Wiley engaged in sexual misconduct with 11 clients during massage sessions. The allegations of the misconduct include inappropriately exposing and touching clients’ breasts, genitals and buttocks and making inappropriate sexual comments to clients. Wiley also physically grabbed a client.

Credentialing and Massage

The whole mystery of credentialing is not easily explained.

Credentialing is the process that you have to go through to become a contracted provider with a health insurance company. WA State is the only state that allows this as far as I know.

It is really a mixed blessing. These companies lure you in with ideas that you will be getting a steady influx of new clients but forget to tell you what you have to do to get paid.

I am recently up for re-credentialing with a – I don’t know what the term is – third party network is all I can come up with. They represent about 6 different insurance companies. I just received the forms to fill out and the contract. These contracts really make you sign your rights away. You have to accept what they will pay you (which in all cases but one is way less than what I charge per hour.) I am hoping to opt out of the one’s that pay the least as it allows for in the contract, but when I asked one of their credentialing representatives, I was told it wasn’t possible. I’ll call again on Monday. This is the problem with these companies is that someone else will tell me a totally different answer.

The problem is that we really lack professional support from our associations.  Our profession is so divided between 3 major associations, we lack any real cohesiveness to stand up for ourselves.

When I went to an AMTA-WA sponsored meeting with the insurance companies and other experts, the insurance companies said they are doing this basically because they can!

What they are doing as far as paying us such low rates and making it harder to get paid.  And they are also creating a definition of “Medical or Clinical Massage” by creating a separate credentialing for that category of provider.  The insurance companies are creating specific credentials that we need to have in order to be called a “Clinical Massage Therapist”.  It is being taken out of our hands because our profession lacks the courage or the understanding of what is happening.

The benefits and pitfalls of credentialing – By Whitney Lowe

Proof of Harm?

What proof is there that massage can harm others?

Not much according to Keith Grant who wrote this exceptional white paper on it called “Review of Issues in Massage Governance

Licensing does little to protect us from harm from any practitioner.

The Seattle Times Article “License to Harm” outlines the various healthcare providers and how many cases were sited of harm being done.

If licensing doesn’t protect the public, then what will?

The only answer in my opinion is to make more massage therapists accountable through the process of supervision. Massage therapists are not trained much in such things as ethical relationships or about the therapeutic relationship that occurs.

Why is setting up a practice in CA so difficult???

CA is one of the hot spots regarding licensing and legislation in the massage profession.

Currently, massage professionals are required to obtain permits in each city or town that they work in.

There are over 230 massage schools teaching a various number of hours of education – from 100 -1000.

What is really needed here?

What will allow everyone a fair chance to practice?

The CA Alliance of Massage and Bodywork is working to get proper legislation in place that will allow massage therapists to practice without all of the problems they are faced with now…

While I am not really up with what is going on there, because I will never move there, we could all learn from the situation as someday it might happen here!

How did it get so out of control?

Is it the schools who want to make money who keep lobbying for legislation?

Is it the small time practitioner who has a basic 100 hours of education, which in my opinion is enough to start a business and be very successful and even bill insurance companies for your services.

It is all so discouraging and confusing.