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MASSAGE THERAPY: TRICK OR TREAT?

5/23/2004

Contact: Robin Segal, Ph.D. Licensed Massage Therapist
(212) 696-9069

MASSAGE THERAPY: TRICK OR TREAT?

Hundreds of unlicensed people are seen performing massage on the streets of New York, primarily at weekend street fairs, even though practicing Massage Therapy in New York State requires a State License and is subject to health industry regulations, just like Physiotherapy, just like Chiropractic, just like Acupuncture.

Why It Matters That Illegal Massage Goes On: The Health Reason: Massage is a regulated health profession in New York State. Massage therapists must take health precautions when treating their clients as well as make sure clients don't have conditions which could be aggravated by massage. Street vendors do not do any screening, they just do the massage. This is reckless, irresponsible and dangerous. The Economic Reason: There are thousands of New York State-licensed massage therapists who must compete with this black market. The Legal Reason: Practicing Massage without a License is a Class E Felony. So is aiding and abetting practice without a license, or aiding and abetting the promotion of an activity the promoter is not licensed to practice or to promote. Street Fair Organizers aid and abet illegal massage by renting space to vendors and not enforcing applicable laws.

Massage Vs. Backrub: What's the Difference? Street Fair organizers claim their vendors are practicing "backrubs," not "massage." New York State Law doesn't define or even mention backrubs, or any term describing what isn't massage, only what is, and what these vendors are doing meets the definition of massage. Some of them even post signs advertising "Massage," which, if they are not licensed to practice massage, is in itself a Class E felony. The Street Fair Organizers and the New York State Office of Professional Discipline are supposed to enforce and abide by the laws governing massage.

Clearview is a NYC Street Fair organizing company. Company representative Todd Berman stated during October 1999 that nobody at Clearview's street fairs advertised their "backrub" services as "massage." However on October 31, 1999, at a Street Fair run by Clearview on Broadway between 17th and 23rd Streets, unlicensed people were advertising and practicing massage. Clearview's last Street Fair of 1999 is Saturday, November 6, on Waverly Place between Broadway and Fifth Avenue.

The New York State Office of Professional Discipline (OPD) is supposed to investigate people promoting or practicing massage without a license, or aiding and abetting such promotion and practice. The OPD's Manhattan Office's Inspector Louis Antine stated that his office had investigated the street fairs and had found nothing wrong. On the promotion issue, he explained that as long as the people doing the "backrubs" do not call what they do "massage," it is not violating the law. But on the practice issue, Mr. Antine was either incapable or unwilling to explain the difference, either from a practitioner's or a recipient's perspective, between a "backrub" and a "massage."