Massage therapists will be licensed by the state

For years, massage therapists lobbied in vain for a state law recognizing the profession's legitimacy.
They now have a famously illegitimate profession to thank for making that wish come true.

On Wednesday, Colorado becomes the 39th state to require massage workers to be registered with the state that they are trained and licensed and have committed no serious crimes in their work. Massage therapists say the law will protect consumers and bring more credibility to a craft that's labored to overcome stigmas.

Yet this had little to do with how the law came to be.

Each time massage therapists asked lawmakers to be regulated, they were met with concerns that the public impact was not enough to justify the expense to the state. "It's kind of a double-edged sword," said Bonnie Thompson, a Colorado Springs massage therapist since 1987. "You have to prove there can be harm done to the public (for state regulation), but on the other hand massages were safe."

Then came El Paso County's prostitution problem.

There's nothing new about prostitution and human trafficking that hides behind store fronts advertising massage. But the issue reached the legislative agenda following a news report by local TV station KOAA 5/30, which went undercover in 2007 at several so-called massage parlors in unincorporated El Paso County and captured offers of sex for money. Sheriff Terry Maketa said his ability to shut down such establishments was limited under the law.

Suddenly, a state registry of massage therapists now had a new purpose: Local law enforcement could inspect suspected brothels to check if employees were licensed and registered. If not, they could be fined. And, depending on what was discovered, far more serious crimes could become apparent.

"It gives us an in that we did not have previously," said Lt. Lari Sevene, of the El Paso County Sheriff's Office. A background check and fingerprinting, required under the law, would prevent prostitutes from becoming registered massage therapists, because even using the title of "masseuse" or "massage therapist" is illegal for the unregistered.

The criminal world wasn't much of a concern to the massage industry as it pushed its agenda, but people like Jean Robinson, government relations director for Associated Bodywork and Massage Professionals, and Kathryn Stewart, government relations chairwoman for the Colorado chapter of the American Massage Therapy Association, were quick to pounce on the political interest.

They were ready with data, suggestions and ready responses to their questions.

"We were lucky that our surfboards were already waxed and ready to go," said Stewart.

The new law requires massage therapists to have at least 500 hours of training. The unregistered face misdemeanors with potentially hefty fines.

The practice of massage, therapists say, has evolved into a sophisticated profession worthy of oversight. Massage has become a popular component in wellness programs and is even being used to treat medical conditions. Massage schools, which can range in costs from a few thousand dollars to $20,000 or more, offer an array of programs and certifications.

While the risk of malpractice may not be life or death, massage can aggravate certain injuries or conditions. And misconduct sets back a profession that has labored to overcome negative stereotypes. Stewart, who has been a therapist for 25 years, said when she first started her dad would introduce her to friends as a physical therapist, afraid they'd jump to wrong conclusions about her real career.

Without standards, Colorado became the Wild West for massage, with rules varying widely from place to place.

Colorado Springs has had some of the toughest standards in the state, requiring therapists to receive 1,000 hours of training. El Paso County, by contrast, has no standards at all. Until now, therapists with little or no training could set up shop just across the city limits from a highly trained therapist. That also is why the suspected brothels sit just outside the city limits.

In the Denver area, some massage therapists were required to have multiple licenses in order to serve clients in neighboring municipalities such as Aurora, Westminster or Englewood. That was the case for several massage therapists at Massage Envy, a national franchise with 19 spas along the Front Range, said Larry Reiff, regional franchise developer for Colorado and Wyoming.

While burdensome on many well-respected therapists, the system let bad therapists practice freely simply by moving to an unregulated city or county. One therapist did just that. He left the Front Range amid allegations of sexual misconduct and set up shop on the Western Slope, where he was later convicted of sexual assault against a client, Stewart and Robinson said.

Not all massage therapists are happy about the state law, which trumps city ordinances and is not as tough as some would have liked. Some have complained that the extensive training they went through to practice in a place like Colorado Springs has been rendered unnecessary.

Most massage therapists seem pleased, the professional associations say. Five hundred hours of training is a widely accepted standard for certification.

Happy or not, most of the more than 6,000 licensed therapists in the state have registered. Stewart said 4,319 are registered, and 1,758 have applications pending. The state is allowing people who apply by Wednesday to keep practicing until June 30 to allow for delays.

And for the Sheriff's Office, it's a standard a human trafficker or prostitute is unlikely to meet.
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