Since
1998, reflexology has been removed from massage regulation in the
states of Washington, Texas, Tennessee, New Mexico, North Carolina,
Maryland, Arizona, and the city of Chicago. Should pending massage
licensing legislation be enacted this year in Idaho, Montana, and
Pennsylvania, reflexology will be excluded in the resulting laws. The
City Council of San Diego is poised to license reflexology separately
from massage. Massage
licensing requirements continue for reflexologists in the states of
Oregon, Delaware, Hawaii, Alabama, Nebraska, New York, and Florida as
well as under anti-prostitution ordinances in the cities of Los
Angeles, Denver, and Colorado Springs. Reflexology
is clearly different from massage in its origins, technique
applications, safety issues, and assessment. The modern-day practice
of reflexology is a direct descendant of medical research into the
reflex at the end of the nineteenth century in Europe. A variety of
therapeutic methods was created to influence the body through the
reflexes. One resulting therapy was the work of Dr. William
Fitzgerald of Connecticut who created zone therapy, application of
pressure to all parts of the body, following a visit to England. His
work was gradually developed by Dr. Riley and Eunice Ingham into the
foot work known today in America as reflexology. An
established standard of practice has been accepted by the reflexology
profession as represented by the professionals organizations,
Reflexology Association of America and the American Reflexology
Certification Board. It is: "Reflexology is the physical act of
applying pressure to feet and hands with specific thumb, finger, and
hand techniques that do not utilize cream, lotion of oil, assessed on
the basis of zones and reiterative areas with the premise that such
work effects a physical change in the body." Massage
laws are arbitrary and unconstitutional, failing to demonstrate that
restraining reflexologists from entry into their profession is
rationally related to legitimate public health and safety
objectives. While
the national standard of the reflexology profession is 200 hours of
education, no reflexology education is required of massage licensees.
Over-regulation becomes no regulation as massage licensees with
little or no reflexology training provide reflexology services. As a
result, consumers are mislead as to the competency of state-approved
reflexologists. In addition, reflexologists are required to obtain
education that is not relevant to their profession. As
noted in case law: "California law used to require that African hair
braiders spend 1,600 hours in classes, costing at least $5,000, at
state-approved cosmetology schools and pass a licensing examination
in order to legally practice their craft. California's cosmetology
schools teach hair-straightening and chemical use but absolutely
nothing about braiding. ...The federal court held in Cornwell v.
California Board of Barbering and Cosmetology that the licensing law
was arbitrary and unconstitutional. This was an important victory for
economic liberty -- the right to earn an honest living free from
excessive government regulation."1 Massage
laws and their enforcement are arbitrary and prejudicial. Of the many
alternative health practices where pressure is applied, not all are
required to obtain massage licensing. Existing
laws are not enforced for other professionals. "Massage" is offered
by clerks selling make-up at counters in department stores with no
penalty. Licensed massage therapists offer services tantamount to the
practice of medicine with impunity. For example, providing
reflexology services and selling herbs in a single session to a
client, raises the issue of diagnosing a problem with reflexology and
then prescribing an herbal remedy. Public
safety issues are met by the assurance that, when licensed,
practitioners practice within the legally defined,
legislatively-mandated and licensed scope of practice, "confining
their work to those (activities) that they are trained to
do."2 Fair
Practice Acts in each state maintain that the consumer receive goods
or services as promised. No massage law, ordinance or rules includes
a definition or scope of practice for reflexology. Consumers cannot
be assured of what services are to be received or if reflexology
services provided are within professional boundaries. The
Constitutional, First Amendment Rights of reflexologists have been
abridged by massage regulation of their profession. Under such laws,
individuals are not allowed to provide or receive health services or
their belief choice.3
In order for such abridgement to take place, it must be shown that
there is an over-riding public safety issue.
1. "Celebrating 10 Years of
Excellence at the Institute for Justice," Walter Williams, Human
Events The
Week of December 10, 2001
(http://www.humaneventsonline.com/articles/12-10-01/williams.html)
Fact
Sheet: Massage Regulation of Reflexology
Current
Laws
Current
Status (June 2003)
Reflexology
is Clearly Different than Massage
Ramifications
of Massage Regulation of Reflexology
·
Abridgment of Reflexologist's Fourteenth Amendment
Rights
·
Prejudicial treatment
·
Public Safety
·
Fair Practices Act
·
Abridgment of Consumers' and Reflexologists' First Amendment
Rights
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