Advocating for or Against Legislation in the Massage Therapy Profession

If you’ve noticed an uptick in massage therapy legislative and regulatory activity the past few years, you’re not alone. States are introducing new laws and rules in an attempt to keep pace with new challenges and opportunities in the massage therapy world. However, it can be a difficult and confusing landscape to navigate.

How do you keep track of what’s happening in your state and how you can get involved to influence positive change? The most important thing to know as we see the evolution in the massage therapy world is that your voice matters. You are a subject-matter expert; you know which parts of the profession should be protected and which should progress. So how do you make your voice heard, share your expertise, and ensure laws help the profession rather than harm it? The ABMP Government Relations department is here to teach you how to advocate for massage therapy (and yourself!) in your state.

Important Terms

Before you start using your voice, it’s helpful to know some legislative terminology you’ll hear. Let’s walk through some basic terms.

• Constituent—This is you! This is what you are to senators, representatives, governors, and other elected officials who represent you in your district. Someone living in “District A” will not have the same elected legislative officials as in “District C.”

• Deregulation—This is when a state legislature, agency, or board moves to reduce industry regulation, such as eliminating state licensing or lowering licensing education standards.

• Legislation/Bill—This is a proposal filed in your state legislature for a new law or a change to an existing law. It will be voted on in committees in both chambers (the house and senate).

• Legislator—This is a member of either your state senate or house of representatives. They vote on the bills that become laws in your state. When there’s a proposed bill you want to advocate for or against, these are the people to connect with.

• Regulation/Rule—The regulatory bodies (like your state massage therapy board) propose regulations or rules to the public. Comments from the public are reviewed by the board and may influence a rule. Rules typically help provide clarity and are more detailed than state laws.

• Regulator—These individuals decide rules that help interpret the laws passed by legislators. You’re most likely to interact with regulators who are part of a state board that regulates your profession, such as a massage therapy board.

• Scope of practice—This includes all the services you are allowed to perform with a massage therapy license in your state. Some states may have a very broad and inclusive scope, allowing therapists to practice methods that are not allowed to be practiced in more restrictive states.

• Session—This is the time each year when legislatures meet to vote on legislation. For most states, session lasts a few months.

• Statute/Law—This is what a bill becomes once it passes through both legislative chambers and is signed into law by your state governor. There are massage therapy acts in almost every state that govern how you are allowed to practice.

When to Engage and Who to Engage With?

You can rely on ABMP’s Government Relations pros to let you know when something relevant in your state pops up. We always include details on what a proposed law or rule aims to do, how it may affect you and your profession, who you should reach out to, how to contact them, and any relevant deadlines for submitting comments.

Rules

Here are some nonnegotiables that are important to remember when communicating with an elected official.

You cannot gift legislators or regulators anything of value. There are firm laws in every state that prevent lawmakers and regulators from accepting gifts to help prevent the appearance of corruption or bribery. While you may want to offer a gift as a token of appreciation for someone’s time or assistance, this is strictly prohibited. This includes cash and presents, but in many states it can also include things as simple as giving someone a ride or a bottle of water.

If you feel daunted by the prospect of jumping into advocacy, remember: Your voice and your vote are important.

Honesty is nonnegotiable. While TV shows about political machinations may imply that you can be creative with the truth to get your way in politics, reality could not be more different. The best thing to do in a situation where you don’t know how to answer a question is to tell the legislator or regulator that you aren’t sure of the answer but you will find out and get back to them. It’s so much more important to be a trustworthy source of accurate information for legislators and regulators. Intentionally providing inaccurate information even once can ruin your credibility, so it’s better to play it safe and keep things honest, even if the answer isn’t what the legislator wants to hear.

General Good Form

A few other good rules of thumb when advocating for your profession will help you have smooth interactions, build stronger relationships, and make a powerful impact as you navigate the world of public policy.

Brevity is key! This applies to visits, calls, emails, or other interactions. Lawmakers, regulators, and staff appreciate you showing respect for their time more than you know. Their schedules are often packed from the second they walk in the door until the moment they leave. Not only that, but legislators have a staggeringly broad range of issues they constantly juggle. Making your point concisely and directly helps save their time and makes your interaction more memorable.

Always address a legislator with their title. Call them senator, representative, assemblymember, chairperson, delegate, etc., according to their position. Make sure not to mix up titles between legislative chambers (for example, some might take offense to being called representative if they are a senator).

Unpleasant truth: You’ll hear “no” a lot. If you continue to get an answer you don’t like from a legislator or regulator, apply your efforts elsewhere. Spending all your efforts spinning your wheels on a legislator who is never going to take your side is not a good use of your time. Not to mention, continually needling a legislator after they’ve already told you no multiple times can damage your relationship with them. Your time is valuable! Use it where you will make the most impact.

Respect boundaries. While it may seem convenient to make your case to a lawmaker you run into at the grocery store, remember that they are people deserving of a private life. If you encounter someone you’d like to speak with while out and about, it’s fine to quickly say hello and introduce yourself, but from there, you should make an appointment with their staff to discuss anything advocacy related.

In-Person Meeting Guide

If possible, it’s best to schedule a meeting a week or two ahead of time. Go through their staff scheduler if they have one. Sometimes they will decline to set up a meeting due to a hectic or unknown schedule. Instead, a staff scheduler may tell you to catch the legislator or regulator before or after a hearing, and that’s normal. Don’t get frustrated if you are rescheduled or bumped—legislators have little control over their schedules.

For attire, business or business casual is always appropriate. It’s also appropriate to wear a clean and tidy work uniform if you are participating in a lobby day with other massage therapists. A group of advocates wearing matching uniforms draws attention and shows a unified front.

If you have an appointment, show up five minutes early. Introduce yourself and the organization or profession you’re representing. Don’t assume a staffer will know who you are with, what your issue is, or what you are asking for. They have an incredible volume of traffic in their office, and a quick refresher never hurts.

Treat staff with the same respect you would afford a legislator, and don’t call a staffer a secretary. They often fill multiple roles—scheduler, policy advisor, chief of staff. Meeting with them is often just as impactful as meeting with the legislator for whom they work.

If you would like, leave behind a clean, concise position paper with your business card or personal contact information.

Phone Call Guide

Keep calls and voicemails brief. Don’t request a return call without providing more information: State your name, who you’re representing, if you’re a constituent, why you’re calling, and what response you would like (return call, email, support for a bill, etc.).

If you need background info to help explain your position, email it to the legislator and refer to it in the call rather than rattling off an encyclopedia of facts.

Don’t call back repeatedly or leave an angry voicemail if a legislator doesn’t return your call right away—the volume of communication they field daily can be daunting. After the meeting or call, always thank the legislator or regulator and their staff for meeting with you, even if you didn’t get the answer you wanted.

It’s appropriate, but not necessary, to write a brief thank-you email. Copy any staff who joined your meeting or call. Provide follow-up information on your issue that they can reference later.

If you were unable to provide an answer to a question in the meeting, share the answer as soon as you can. Make sure the legislator knows you are available to answer any future questions.

If you think it would help your case, consider extending an open invitation to the legislator and their staff to visit your business. They may have never understood the complexities of massage therapy before speaking to you; seeing what you do in person could do wonders for your cause.

Emails

Don’t inundate an elected official with facts and figures. Attach a short 1–2 page handout to provide information to back up your case. If you are sending your initial ask, don’t write them a lengthy email. Excessively long emails are more likely to wind up in the trash.

If a large group from your organization is sending the same email, take a couple of minutes to make yours personal rather than copying and pasting. Personalizing it helps your message resonate, just like a conversation.

It helps to copy staff on emails. Many legislators receive too many emails to read or answer, and copying staff increases the chance of receiving a helpful response.

Legislators Are Here for You

While advocacy may seem intimidating, remember that it can be a fun, rewarding way to engage with your profession and connect with your peers. If you feel daunted by the prospect of jumping into advocacy, remember: Your voice and your vote are important.

Elected officials are in their roles as servants of the public. They want and need to hear the voices of their constituents so they can better serve you. So, do them, yourselves, and your profession a favor, and make your voice heard!

A Deeper Dive—What Should You Say?

A good, basic template to follow is, “My name is [your name]. I am here on behalf of massage therapists in the state of [your state], and I would like to ask for you to vote [yes/no] on [bill number]. Here is why it is important to the massage therapy profession for you to vote this way.” From there, add your own color, experience, and expertise tailored to the amount of time allotted to your meeting, leaving room for questions after your pitch.

Have a clear and concise point. Legislators want to hear what you have to say, but they often have only a few free minutes to talk or read your email. This is where an “elevator pitch” comes in handy. If you can make your point in the time it takes to ride an elevator, you’re in good shape.

Always let the legislator or staff know if you are a constituent, whether you’re a resident or business owner in their district. Name the city or county where you live or work. 

If there’s time, present your issue, opinion, or request with a personal story—let them know why it’s important to you. If there’s a study with data to back up your position, attach a single page to an email or leave a printed handout with the legislator.

Be passionate and well-informed, but not emotional. Never argue or lose your cool. If you can tell they are done with the discussion, don’t force it.

Hot Topics in Massage Therapy Legislation

Here are some massage therapy policy topics that the ABMP Government Relations department is seeing across the country:

• Expanding or limiting the scope of practice happens all the time, which means allowing you to do more or fewer things you’re trained to do. Specifically, we’re seeing states be more permissive of breast massage for breast cancer survivors.

• Education requirements are often in flux, with some states requiring more hours, some requiring less, and some making specific rules around what’s in your curriculum.

• Apprenticeships are gaining popularity across all sectors, including in massage therapy.

• Deregulation, particularly with allowing people with less education to perform services. ABMP generally fights against this because it can undercut well-trained massage therapists and leave the public at risk in the hands of poorly educated individuals with permits or certificates rather than state licenses.

• Massage therapy boards nationwide have been on high alert for attempts to “sunset” them—essentially shutting them down. We fight not only to protect your state boards but also to strengthen them and make them more efficient.

• We continue our fight to establish statewide licensure in the last four states in the country without it—California, Kansas, Minnesota, and Vermont. Check out the next issue of Massage & Bodywork to learn more about how to get involved!