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Government RelationsWe do get inquiries from massage therapists who are concerned about cosmetologists/esthiticians performing "massage" services. Sometimes services such as seated chair or pregnancy massage are offered. Their school programs are supposed to be regulated by the State Cosmetology Board, but they are apparently not doing it as courses are being offered and services promoted throught the schools which clearly do not apply to the below definitions. This is a valid complaint to raise with the Attorney Generals office. Salon owners may assign massages to these individuals as well. You might want to quote some of these definitions with your complaint. IC 25-8-2-5 “Cosmetology” defined Sec. 5. (a) "Cosmetology" means performing any of the following acts on the head, face, neck, shoulders, torso, arms, hands, legs, or feet of a person: (1) Cutting, trimming, styling, arranging, dressing, curling, waving, permanent waving, cleansing, bleaching, tinting, coloring, or similarly treating hair. (2) Applying oils, creams, antiseptics, clays, lotions, or other preparations to massage, cleanse, stimulate, manipulate, exercise, or beautify. (3) Arching eyebrows. (4) Using depilatories. (5) Manicuring and pedicuring. (b) "Cosmetology" does not include performing any of the acts described in subsection (a): (1) in treating illness or disease; (2) as a student in a cosmetology school that complies with the notice requirements set forth in IC 25-8-5-6; (3) in performing shampooing operations; or (4) without compensation. C 25-8-2-9.5 “Esthetician” defined Sec. 9.5. (a) "Esthetician" means a person who engages solely in one (1) or more of the following practices: (1) Giving facials, applying makeup, and giving skin care. (2) Beautifying, massaging, or cleaning the body with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (3) Removing superfluous hair from the body by the use of depilatories, waxing, or tweezers. (b) The term does not include performing any of the acts described in subsection (a): (1) in treating an illness or a disease; (2) as a student in a cosmetology school that complies with the notice requirements under IC 25-8-5-6; (3) without compensation; or (4) incident to the retail sale of cosmetics. (c) The term does not include a person who: (1) engages in threading; and (2) does not engage in one (1) or more of the practices described in subsection (a). Our definition- IC 25-21.8-1-4 “Massage therapy” Sec. 4. "Massage therapy": (1) means the application of massage techniques on the human body; (2) includes: (A) the use of touch, pressure, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement, and holding, with or without the use of massage devices that mimic or enhance manual measures; and (B) the external application of heat, cold, water, ice, stones, lubricants, abrasives, and topical preparations that are not classified as prescription drugs; and (3) does not include: (A) spinal manipulation; and (B) diagnosis or prescribing drugs for which a license is required. As added by P.L.200-2007, SEC.8. “Massage” does not have a defiition in anyone elses code. We are seeking to address this issue. The term “torso” was added to the Cosmetology/Esthitician scope in the year prior to the CMT Act being passed. However, it was never intended to be for full body massage. If you make an inquiry to their Board, they will confirm this. If there is a practitioner in your area claiming to be a Certified Massage Therapist or performing massage therapy, and you wish to file a complaint, please contact the Indiana Attorney General’s office. You must file a complaint as AMTA Indiana cannot do this on your behalf. A complaint may also be filed if someone has sustained what they feel is a violation of the Rules and Regulations of Practice for Massage Therapists (read at www.in.gov/pla/massage.html)
HOW DO I FILE A COMPLAINT? If you know of an unethical or illegal event involving massage, it is your responsibility to report it. I appreciate your interest in doing so.
To file a report with the State Attorney Generals Office, you may do so on line at http://12.186.81.50/ConsumerComplaintForm/ConsumerComplaintForm.htm or call 317-232-6330 to have a form mailed to you. I would also recommend writing to the Indiana State Massage Board at : Professional Licensing Agency Attn: State Board of Massage Therapy 402 W Washington St, Room W072 Indianapolis, Indiana 46204
I would suggest including advertisements from the establishment offering services. This may include cosmetology schools near you as well. Some offer additional training on “massage” services. An example is:
http://www.thesalonprofessionalacademy.com/massage.html
http://www.honorsbeautycollege.com/GuestServices/FacialsMassageBodySpa.aspx
From the Indiana State Massage Therapy Board- under Statutes and Rules- http://www.in.gov/pla/files/SBMT.2011_EDITION.pdf
This tells the requirements for CMT’s when offering services, including that of having specific training in pregnancy massage and need to do intake forms. Public services, such as those occuring in Malls and Spas often are not trained in this. Cosmetologists and Esthiticians in Indiana are not supposed to “treat” conditions either.
Besides writing to the State Cosmetology Board, and filing a complaint with the Indiana Attorney Generals Office, you might also write to your Legislator. You may discover who your legislator is or reach them by e-mail via http://www.in.gov/legislative/2345.htm or mail a letter to: 200 W. Washington Street, Indianapolis, IN,46204-2786.
State Board of Cosmetology and Barber Examiners
Indiana Professional Licensing Agency 402 W. Washington Street, Room W072, Tracy Hicks, Director Staff Phone Number: (317) 234-3031 To contact the Indiana Massage Therapy Board- Professional Licensing Agency Attn: State Board of Massage Therapy Tasha Coleman, Board Director Staff Phone Number: 317-234-2051
PROOF OF HARM- If you have been injured as a result of recieving massage therapy, we would like to hear from you.
AMTA-IN Legislative Efforts for 2009 Certification of massage therapists in Indiana is underway. To download an application, or read updates on the profession, go to www.in.gov/pla/massage.htm . The grandfathering clause is explained here, as well as the Rules and Regulations of the Profession. Regarding the practice of cosmetologist and estheticians' advertising "Swedish massage", Body Massage or Relaxation in Indiana, this continues to be a gray area in Indiana. It is necessary for our membership to actively participate in our efforts to clarify this issue. Please do continue to report to the Attorney General's Office suspicious advertising or performance of massage services. Forms may be downloaded at www.in.gov/attorneygeneral/consumer According to our inquiries with the Cosmetology Board, only skin care and beautification services should be provided by licensed cosmetologists/estheticians. We are also aware that some school/training programs are offering training in hot stone massage. These programs are also under the Cosmetology Board. Do you work in a spa setting where an esthetician may be assigned massage services if you are not available? Please report your concerns. How can you make a difference? Contact your legislator and share your concern for public safety and consumer information. Share your training and requirements necessary to become a CMT. Let them know if you have filed a complaint or voiced a concern to the cosmetology board. A face to face meeting would be wonderful; however a personal note is the next best thing. You may write to your legislator at 200 W. Washington St., Indianapolis, IN 46204. Find you legislator via the Indiana General Assembly site at www.in.gov/legislative or by visiting your local library. On the Government Relations link at www.amtaindiana.org we have tips on how to write your legislator and additional information. Please contact me if you are willing to co-ordinate therapists in your area or help in any other way. Just as in State Certification- this cannot be done by the Board of Directors alone. Thank you. Jennie Irving, IPP and GR Chair 765 396-9507
Has your massage school closed or have you misplaced your transcript? If you need help, please contact: Indiana Commission on Proprietary Education Telephone: Or go to www.in.gov/cpe Depending upon the application process, you may need it to apply as a CMT. 14 YEARS of MASSAGE THERAPY AWARENESS WEEK February 9-13, 2009 will be the AMTA-Indiana Chapters 14th week of performing seated chair massage at the State Capitol Building, 200 W. Washington St, Indianapolis. We encourage therapists from across the State to participate in this fun and informative event. As in the past years, this cannot occur without your helping hands! This effort began with the intention of educating legislators and the public about the need for Regulation, inform them about the healthful benefits of massage therapy and the importance of seeking a professional massage therapist. This message is still relevant today. Please mark your calendars now and spare a few hours of your time to support this cause and your profession. All insured therapists are welcome, and AMTA members are encouraged to invite office partners and fellow professionals. We are hoping that Indiana Massage Schools continue to send their wonderful students to Indianapolis to share this adventure and meet their legislators. Please mark your calendars now. Look for additional information at www.amtaindiana.org or call Jennie at 765 396-9507. In past years the Governor has signed an official Indiana declaration. So, take this opportunity to host an open house or write a letter regarding massage therapy (perhaps mentioning the newly available Certification?) to your local newspaper for Indiana Massage Therapy Awareness Week.
LET US HELP YOU - We'll make it easy for you to correspond with legislators.
What more can I do? Become an advocate of massage therapy licensing in your community. Write letters to the editor of your community newspaper. Suggest an article about the need for licensing of massage therapists in Indiana. They could include information about you or another AMTA therapist in the community. If you are successful, make copies of it and send to us at AMTA. Come back to the AMTA Indiana website often to view updated information. http://www.amtaindiana.org/. |
