|
Florida, Reiki and the Massage
Board There has been a lot of concern and confusion about practicing Reiki in Florida since the Board of Massage Therapy interpreted the definition of "massage" in its licensure law to include Reiki. People have had different opinions about what they actually did, what this means for Reiki people and what can be done to solve the problem. To find out the facts and get an opinion concerning this issue, I contacted Deborah Miller, a Florida attorney who is active in the health freedom movement. Deborah has practiced for many years in professional licensure law. She has been following the actions of the Florida Board of Massage Therapy and was able to explain the situation to me. The Problem: The Florida Board of Massage says that Reiki is Massage In 1999 and 2000, the Board voted that Reiki is massage and that anyone practicing Reiki for compensation must have a massage license or other license to touch (such as a nursing license). During the Board's deliberations, Reiki practitioners noted that Reiki doesn't always involve physical touch of the client's body. It is unclear whether the Board accepted this fact and, if they did, why they found that off-the-body Reiki is "manipulation of the soft tissues". When the question was again brought to the Board in 2001, then Board member Karen M. Harrison wrote a letter to her fellow board members outlining her understanding of the Board's past reasoning. Their conclusions were: (1) that touch for compensation requires a license. While Reiki is a spiritual practice, it is also a money-making business; (2) Although most Reiki techniques are administered over clothing, the public might not be protected from practitioners who do not understand boundary issues; (3) if Reiki does not require a massage license, many other modalities will want to be "deregulated"; (4) while a Reiki practitioner may not be manipulating soft tissues in the true sense of the definition, they are manipulating blood flow, soft tissues, and fascia by touching the body and leaving their hands in place for a period of time; (5) Reiki practitioners are "treating" conditions yet they do not want to be licensed; and (6) some Reiki practitioners may incorporate Cranio Sacral therapy into their Reiki practices. Finally, the Board does not look favorably on Reiki practitioners who become ministers in an attempt to shield themselves from prosecution. They feel that this misleads the public.
Second, the Department may issue a Citation imposing an administrative penalty not to exceed $5,000 per incident. The practitioner may contest the citation in a trial-type proceeding before an administrative law judge (ALJ). The losing party may challenge the ALJ's decision before an appellate court. Third, the DOH may ask a civil court to impose a civil fine against an unlicensed practitioner. The Department must prove that Reiki is massage, as defined by Florida law, and that the practitioner is not a licensed massage therapist. Finally, the DOH may seek the arrest and criminal prosecution of an unlicensed Reiki practitioner. To date, this has not happened to a Reiki practitioner. However, other unlicensed practitioners - such as homeopaths and traditional naturopaths - have been criminally prosecuted. Once the case gets to court, the Board's interpretation that Reiki is massage could be challenged and overturned. However, court battles are expensive and there is the risk that the judge will not rule in your favor. On the other hand, there are good arguments against the Board's interpretation of its Practice Act. One consideration is that the DOH has limited resources; they might feel that they have more important things to do than to prosecute a Reiki practitioner who is neither pretending to be licensed nor is threatening significant harm to a client. However, there is.no guarantee that a complaint will not be acted on. Some people believe that they may legally practice
Reiki for compensation if they become a minister through the mail or over the
internet, by filling out some papers and making a donation or paying a fee. These
persons believe that they may legally practice Reiki for compensation if they
claim that Reiki is a spiritual practice and part of their religion, and that
they received a "donation" rather than a fee for their services. However,
the Universal Life Church has warned of the risk of this practice. Please see
http://www.spiritualone.com/Online/Mar03/KeepReikiFree/ULCandReiki.htm.
FHFA is working to pass the "Consumer Health Freedom Act". The Act would change Florida law to allow practitioners of low or no risk therapies, including Reiki, to practice even though they are not a licensed health care provider. This legislation will solve the above mentioned problem the Florida Board of Massage Therapy has created for Reiki practitioners and allow them to practice Reiki without needing to get a massage license. It will also establish Reiki as a legal unlicensed practice and prevent others from attempting to license or regulate Reiki.Under the proposed law, unlicensed persons must inform clients that they aren't licensed and describe their training and the therapy that they are offering. The purpose is two-fold: To allow consumers to make informed health care choices among low and no risk therapies without the government's interference, and to allow practitioners of Reiki and other gentle therapies to work without having to train and become licensed in a profession, when licensure isn't necessary to protect the public from significant harm. The Consumer Health Freedom Act is a viable solution that is being promoted by competent people who understand the legal system in Florida and have a high likelihood of success. Your Help is Needed
©
Copyright 2004, ICRT |
