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WHAT IS A SUNRISE LAW
A Sunrise Law requires that those who promote licensing a profession (which involves treating people) must provide well-documented evidence showing that:
(a) The unlicensed profession is a serious danger to the public health and safety;
(b) State licensing will adequately protect the public health and safety; and
(c) No other means can also protect the public health and safety.
IF PENNSYLVANIA HAD
A SUNRISE LAW
Senate Bill 1171 would not exist because unlicensed massage therapists and other bodyworkers have not harmed people. On the contrary, massage is safe.
More people are STRUCK BY LIGHTNING than are harmed by massage.
It has been estimated that there is one possible case of harm in every 19,240,000 massages. Is licensure needed to protect the public from so little harm?
Previous massage licensure bills, which had been introduced in the Pennsylvania legislature years before Senate Bill 1171, were not enacted. Despite that, people have not been harmed by massage therapists.
This is convincing evidence that licensure of massage is not needed to protect the public from harm.
SENATE BILL 1171 WILL HARM
THE PUBLIC, AND ESPECIALLY
LOW-INCOME WOMEN
The public will be harmed by the monopoly control that Senate Bill 1171 will establish. Licensure,which is monopoly control, limits the number of practitioners, decreases competition, raises prices, and restricts information which the public gets.
Without Senate Bill 1171, massage and other bodywork will be open to anybody who wants to do that work, just as it has been for decades, WITH NO PROBLEMS.
Monopoly control will be especially detrimental to low income people, especially women, for whom massage has been providing a supplemental income which enables them to support themselves.
Many of these people cannot afford to pay for the training which Senate Bill 1171 requires - a training which is completely unnecessary for the massage work they have been doing.
Senate Bill 1171 will make these people financially dependent on family members and friends.
SENATE BILL 1171 WILL THEREFORE ELIMINATE JOBS AND INCREASE UN- EMPLOYMENT AT A TIME WHEN OUR SOCIETY IS TRYING TO CREATE JOBS AND DECREASE UNEMPLOYMENT.
Since practitioners of massage and other bodywork professions - regardless of training - have not harmed anybody, it is not necessary for them to meet the educational requirements of Senate Bill 1171.
Some practitioners (including those who are self-taught) have been doing massage for many years, and have had many satisfied clients, WITH NO PROBLEMS.
This is precisely what has been happening here in Pennsylvania for several decades, WITH NO PROBLEMS.
Why change something that has worked very well for Pennsylvania consumers for several decades, WITH NO PROBLEMS?
WHERE'S THE HARM?
The Pennsylvania Licensure Coalition was created in April, 1994, "to assert the legitimacy, professionalism, and value of our various modalities by creating and working for the passage of licensing legislation."
The Coalition also began "working [in 1994] to create a bill which protects the public from harm."
However, the Coalition has NEVER provided information about the harm from which it wants to protect the public - despite its unequivocally clear allegation that the licensure it was promoting was "first and foremost to protect the public from harm."
In December, 1997, three years and eight months after the Coalition was established, Barbara Mikos (who was listed as Treasurer of the Coalition) began looking for harm.
The December, 1997, issue of The Balanced Body - the newsletter of the Pennsylvania Chapter of the American Massage Therapy Association (AMTA) - included a questionnaire.
This questionnaire solicited information about harm and "instances in which the safety of the public has been jeopardized."
The questionnaire is to be filled out and sent to Barbara Mikos whom the newsletter listed as the Second Vice President of the Pennsylvania Chapter of AMTA, and its officer in charge of Government Relations and Fundraising.
WHO WANTS
SENATE BILL 1171?
The answer to this question tells you who will benefit from Senate Bill 1171.
Consumer Protection Agencies are not lobbying for Senate Bill 1171.
Only special interest groups, which will benefit from Senate Bill 1171, are lobbying for this bill.
The December, 1997, newsletter of the Pennsylvania Chapter of the American Massage Therapy Association (AMTA) has eight articles about Senate Bill 1171 and the need to support this bill. One article, by Nancy M. Porambo, Eastern District Representative of AMTA, tells us that Senate Bill 1171 "would protect the interests of the therapists."
Let us first consider the therapists' interests and then the alleged need to protect their interests.
WHAT ARE THESE
INTERESTS?
According to Don Schwartz, Director of the Trager Institute:
I think the move toward licensure is regrettable. I believe licensing creates state-sanctioned monopolies ... with the explicit goal of 'protecting the public,' but with the real effect of protecting those who hold the monopolies' respective entitlements, reducing information to the public, and restricting competition.
According to Jerry A. Green, Attorney for the California Coalition on Somatic Practices,
It seems that proponents of licensing are hopeful that a state license would mean more money, status, and power.
WHY IS THERE A NEED TO
PROTECT THESE INTERESTS?
Why don't the proponents of Senate Bill 1171 explain:
(a) Why the licensure they want is not monopoly control?
(b) Why the therapists need Senate Bill 1171 to protect their interests?
(c) How Senate Bill 1171 will benefit the public, in view of the fact that people have not been harmed throughout all the years during which there has been no licensure?
WHY IS THERE A NEED TO
PRESERVE THE FUTURE OF
THEIR PROFESSION?
The above-mentioned article tells us that Senate Bill 1171 would "preserve the future of our profession." However, the article did not explain why the future of the profession needs to be preserved.
Why don't the proponents of Senate Bill 1171 explain:
(a) Whether their profession is really in danger of becoming extinct; and, if so, why?
(b) If their profession is not in danger of becoming extinct, why do they now need licensure to "preserve its future?"
Their profession has not only survived, but has actually flourished in Pennsylvania for many decades without state regulation. Why do they suddenly now need Senate Bill 1171 to preserve its future?
WHY IS THERE A NEED TO
PROTECT THE PROFESSION
FROM UNSCRUPULOUS
PRACTICE?
The article tells us that one benefit of state regulation is that it "protects our profession from unscrupulous practice."
Why don't the proponents of Senate Bill 1171 explain:
(a) What that unscrupulous practice is?
(b) How widespread and how serious that unscrupulous practice is in Pennsylvania?
(c) How and to what extent, if any, has that unscrupulous practice actually harmed the public and the profession in Pennsylvania?
(d) How effectively has regulation in other states protected the public and the profession from that same unscrupulous practice?
Reference
Schatz, A. Follow the money trail to find out why scare tactics tell us secular massage is harmful. Journal of Spiritual Bodywork. Special Issue No. 4. 1997. |