Issue link: https://www.massageandbodyworkdigital.com/i/68178
SCOPE OF PRACTICE Grandfathering provisions help affect new rules without upsetting a well-established logistical or political situation. centers. Massage therapists need to stay informed about evolving legislation in their own profession as well as those of complementary disciplines. Working within your own scope of practice and intelligently referring clients to appropriate disciplines is key to developing a safe and effective massage and bodywork career. issues of their particular state when deciding exclusions and exemptions. Many ancillary professions lobby or sit on state boards in an effort to protect their profession's scope of practice or exempt status. The major consideration for exclusion or exemption should be public safety. GRANDFATHERING PROVISIONS Another issue that is addressed with new massage legislation and revisions of existing ones are grandfathering provisions or clauses. A grandfathering provision should not be confused with an exclusion or exemption. Grandfathering allows existing practitioners to continue working without going back to school or taking an exam to qualify. It credits both their experience and formal training and gives a finite time frame to qualify for a license under a different set of qualifications than what will be enforced in the future. This term is often used as a verb: to grandfather means to create an exemption based on previous education and experience, allowing the practitioner to continue working. Often, such a provision is used as a compromise, to affect new rules without upsetting a well- established logistical or political situation. This extends the idea of a rule not being retroactively applied. Grandfather clauses include very specific guidelines and are spelled out within the new law. Most of these clauses are effective for a given amount of time after the new law is enacted. One year is fairly common, but grandfather clauses may be for shorter or longer periods. Current massage therapists practicing in states adopting new legislation should be aware of the specific parameters of grandfathering provisions, including education requirements, experience, and time frames. If you don't meet the grandfathering provisions on time, you will be subjected to the new guidelines. Occasionally, grandfathering is extended if there are complications with the process. WHO IS QUALIFIED? New regulation and revision of current regulations for massage and bodywork continue nationwide. Issues such as scope of practice for massage, exclusions and exemptions, and grandfathering provisions will continue to be debated by legislators, lobbyists, massage practitioners, professional associations, and other health providers such as chiropractors, physical therapists, and athletic trainers. At the heart of the debate: what makes a qualified practitioner and who is qualified to deliver services that cross multiple professions? Added to this debate are insurance billing practices and increases in employment or contracting of massage therapists by medical clinics, chiropractic offices, and rehabilitation massage therapist, certified athletic trainer, and certified strength and conditioning specialist. Her private practice focuses on injury treatment, biomechanical analysis, craniosacral therapy, and massage for clients with neurological issues. She is the author of Functional Anatomy: Kinesiology and Palpation for Manual Therapists (Lippincott Williams & Wilkins, 2009), scheduled for release in October. Contact her at functionalbook@hotmail.com. Christy Cael is a nationally certified NOTES 1. Council on Licensure, Enforcement and Regulation (CLEAR), Glossary of General Terminology Used in Professional and Occupational Regulation. Available at www.clearhq.org/links.htm (accessed July 2009). 2. New York State Education Department, Office of the Professions. Available at www. statutes.legis.state.tx.us/ViewChapter. aspx?key=55039.47435 (accessed July 2009). 3. State Medical Board of Ohio. Available at www.med. ohio.gov/rules/4731-1.htm (accessed July 2009). 4. Texas Department of State Health Services. Available at www.statutes.legis.state.tx.us/ViewChapter. aspx?key=55039.47435 (accessed July 2009). 5. American Medical Association, Principles of CPT Coding, fourth ed. (Chicago, Illinois: AMA Press, 2006). 6. American Physical Therapy Association, Frequently Asked CPT Coding Questions. Available at www.apta.org/AM/Template. cfm?Section=FAQs1&TEMPLATE=/CM/ ContentDisplay.cfm&CONTENTID=31264 (accessed July 2009). 7. Kenneth A. Olson, "American Academy of Orthopedic Manual Physical Therapy (AAOMPT): History, Advocacy, and Education," The Journal of Manual & Manipulative Therapy 16, no. 1 (2008): E20–E22. 8. American Physical Therapy Association, Guidelines: Physical Therapist Scope of Practice BOD G03-01-09-29. Available at www.apta.org/AM/ Template.cfm?Section=Home&TEMPLATE=/ CM/ContentDisplay.cfm&CONTENTID=53675 (accessed July 2009). connect with your colleagues on massageprofessionals.com 65