©2001 Kunz and Kunz
A recently discovered Egyptian mummy included a big toe that may have been amputated and replaced with a functioning prosthesis. "… in other mummies, replacement toes, forearms and other parts appear to have been added after death, probably to prepare the mummies for the afterlife. But in the newly discovered mummy, a layer of tissue, including skin had grown over the site of the amputation … This suggest that the toe was amputated when the mummified woman was still alive. The three-part wooden prosthesis was shaped like a big toe, including the toenail, but the device was not only aesthetic, but also functional, according to (Dr. Andreas G.) Nerlich's team. attached to the foot with laces, the prosthetic toe seemed to have been designed to help the person walk without major problems. When a person is walking, the big toe usually bears about 40%of the weight.""Mummy with Wooden Toe Uncovered," The Lancet 2000; 356: 2176-2179)
Kevin and Barbara Kunz will present a Reading the Feet Workshop as a part of the Reflexology Association of Canada (RAC) Spring Seminar and Annual General Meeting to be held at the Victoria Holiday Inn in Victoria, British Columbia from Friday, May 4 to Sunday, May 6. The Kunz Workshop will be conducted Saturday May 5 from 9 a. m. to 5 p. m. The cost is $225 (Canadian) for the three day event. To register, contact the RAC Head Office, 201-17930 105 Avenue, Edmonton, AB CANADA T5S 2H5 FAX: 780-444-6882 (Visa and MasterCard accepted)
The year 2001 marks the year that reflexologists turned the tide of regulation in their favor. Three years ago reflexologists faced massage licensing requirements in states and cities representing one-third of the American population. Today, culminating years of efforts and active participation in legislative and regulatory processes, reflexologists are changing laws, ordinances, and regulations effecting millions and in place for ten and twenty years. The regulatory systems have been reviled by reflexologists for belittling the practice and the practitioner. Current Chicago regulations, for example, require massage training of reflexologists, no reflexology training, and subject reflexology practitioners to anti-prostitution regulations such as VD and AIDS testing. Reflexologists are now free to practice in some areas, control their own destiny in others, and have potential for freedom in still further areas.
Reflexologists have learned how to create change by working within the regulatory process. Reflexologists have learned that:
• Rules regulating licensed professions are reviewed and changed periodically. Reflexologists in Texas attended hearings and wrote letters pursuant to Rules changes in October 2000. Following review of their comments, Rules requiring reflexologists to obtain massage registration were changed in February 2001.
• City ordinances are reviewed and changed. Muff and Bobbi Warren participated in a hearing and contributed comments to improve reflexologist's licensing requirements in San Diego.
• Participation in the legislative process can change, create or modify law. Reflexologists in New Mexico obtained an exemption through legislation (pending signature of the governor). Reflexologists in Tennessee are creating a reflexology registration law through legislation (pending completion of legislative process). Reflexologists in Illinois became part of the exemption clause in a proposed Illinois state massage licensing law (pending in the legislature).
• Other alternative health practitioners and, in some instances massage therapists favor regulatory change. Coalitions of reflexologists, alternative health practitioners and/or massage therapists created change in Texas, New Mexico, Tennessee and, potentially, Pennsylvania.
Millions of Americans are impacted by the changed regulations: Texas and its population of 20 million, San Diego and a population of 3 million. If the Illinois massage therapy licensing law is enacted, the long-time Chicago city massage ordinance will fall, freeing reflexologists to practice in the city of 5 million.
The roles of individual reflexologists cannot be understated in this achievement. Not all efforts succeed but those who work for the good of reflexology while spending their own time, money and effort in the sometimes mind-numbing boredom of the governmental process are to be congratulated for their contributions to the future of reflexology.
Texas reflexologists stepped forward when it counted. Attendance and comments by reflexologists at public hearings in Dallas, Austin and Houston in October of 2000 resulted in the changes to Rules for Massage Therapists by the Department of Public Health. The turnout of reflexologists was acknowledged by the coalition of alternative health practitioners working for the changes as a key component in helping five practices (reflexology, shiatsu, Trager, Rolfing, Tellington) avoid or discontinue state registration.
The report resulting from the public hearings states: "Concerning the definition of massage therapy, 19 commenters stated opposition to the inclusion of reflexology in the definition of massage therapy" and 10 other commenters stated opposition to shiatsu, Trager, Rolfing and/or a combination of the 5 practices.
The document further states: "As a result of meetings with stakeholders and comments received during the comment period, the department (of Public Health) determined that including specific modalities in the definition is not appropriate because some of the techniques and modalities may not involve the manipulation of soft tissue for the purpose of body massage and the types of advanced techniques and modalities are too numerous to provide an inclusive list. Additionally, the definition of 'massage therapy' in the Act does not include a list of specific modalities. The department will continue to study alternate techniques and modalities on an individual basis to determine whether each constitutes the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage. The definition of massage therapy has been modified to delete reference to specific techniques or modalities."
Kevin and Barbara Kunz organized Texas reflexologists, notifying them of hearings and providing materials to make arguments to remove reflexologists from massage registration requirements. Kevin attended the Austin hearing. The hour-long hearing was extended into a two-hour informal discussion with state officials. Diana Oldham of El Paso, who the state had attempted to put out of business twice, flew into Dallas for another hearing. Lorraine Torrance, Opal Kelly, Dianne Phillips, and other attended the Houston hearing.
A bill to exempt reflexology and health professionals from the massage practices act awaits the signature of Governor Gary Johnson. The bill passed the state House by a vote of 62-0 and the Senate by a vote of 25-0. Reflexologists Diane Phillips, Debra Pirtle, and Christine Dawson attended legislative committee hearings and provided reflexology services to legislators between sessions. At one point Christine waited outside the Senate Public Affairs Committee room from 2 p. m. to midnight to testify in favor of the exemption. The Board of Massage Therapy initially proposed the exemption legislation but without the clause for reflexologists. Kevin Kunz worked with the state's former American Massage Therapy Association lobbyist to insert the clause.
While reflexologists had worked in 1998 and 1999 to obtain an exclusion under the Board of Massage Therapy Rules and Regulations, exemption in change by the Board. Kunz and Kunz attended thirty-one meetings over a 15 month period. Debra Pirtle and Erma Sylvester were also active participants.
Kevin and Barbara Kunz worked to oppose another Bill before the 2001 legislature, spending 15 hours over three days researching and waiting to testify. The Bill was sponsored by an out-of-state naturopathic association. It was not supported by any New Mexico resident except for a paid lobbyist. The Bill was a modification of the Alternative and Complementary Practitioners Law enacted in Minnesota in 2000. The Minnesota law creates a full and fair disclosure system and an exemption from the Medical Practices Act for practitioners but does not allow diagnosis or prescription of regulated drugs. A $10, 000 fine is levied against those who stray. The New Mexico version did not include full and fair disclosure of the theory of the practitioner's work. It created the same exemption with a $100 fine and it created a registration system with the state with no educational requirements mandated. Consumer protection measures occupying two-thirds of the Minnesota law were not included in the New Mexico proposal.
The measure initially gained the approval of legislators on the basis of its title alone - Alternative Medicine Clients Bill of Rights. The Bill's sponsoring Senator had agreed to insert language exempting massage therapists from the registration system. Had the Bill become law, all alternative practitioners in the state except for massage therapists would have been exempt from the Medical Practices Act. The proposed change in the Medical Practices Act was not mentioned during the Senate Public Affairs Committee hearing. The measure failed in committee when two Hispanic Senators asked about the inclusion of curenderas, traditional Hispanic healers, in the registration system. (Bernard Balow, a Las Cruces reflexologist, had previously spoken with his Senator, one of the two, voicing his opposition.) Republican Senators then commented on the expansion of government for no real purpose. Lobbyists for the New Mexico Medical Society, Oriental Medical Doctors Association and Association of Physical Therapists spoke against the measure.
Lessons learned: (1) Read and decipher every part of a proposed Bill. The section changing the Medical Practices Act did not mention the Medical Practices Act but referred to its number in law. (2) Find out who is behind the legislation. Kunz and Kunz found out who was paying the lobbyist (registering such information is required by law and available through the Legislative Council). Kunz and Kunz then went to the Internet to find information about the Association.
Proponents of the legislation are evidently to introduce the Bill in other states. The proposed New Mexico Bill and a re-examination of the Minnesota law has sparked questions about the value of the Minnesota law. While the full and fair disclosure system is of value (and under consideration by San Diego officials), the issue arises whether or not the law is good for alternative health practices. The law allows practitioners to mix and match practices and does not require defined practice of any modality. Such anti-professionalism removes future hopes of alternative practitioners for receiving insurance payments for their practices. Insurance companies require licensing. Licensing creates demands for establishment of a legal scope of practice.
A state reflexology registration bill for Tennessee reflexologists has passed that state's Senate. If enacted in law, reflexologists would be required to obtain 200 hours of reflexology training. "This bill would require an applicant for reflexology registration to demonstrate or do the following: (1) Certification by the American Reflexology Certification Board, the International Institute of Reflexology or completion of a 200 hour reflexology course; (2) That the applicant is at least 18 years of age; (3) Two character references; (4) That the applicant has not been convicted of a felony; and (5) Pay fees set by the division. … This bill would authorize reflexologists to hold themselves out as licensed certified reflexologists."
An exemption for reflexologists is included in a bill to license Illinois massage therapists. The bill is working its way through the current session of the state legislature.
Reflexologist Bobbi Warren is continuing work as a task force member to designate reflexology as separate from 1000-hour massage education requirements and anti-prostitution regulatory system in the city's soon-to-be changed massage ordinance. The city council held a public hearing to consider changes in the massage ordinance. Under the current ordinance, twenty- eight individuals had been arrested for prostitution while holding massage licenses over a ten-year period. Chair massage practitioner were the only other hands-on practitioners to request differentiation from the massage requirements. Reflexologists will be required to obtain licensing but in terms of reflexology standards, 200 hours of training rather than 1,000. Licensing will be separate from the anti-prostitution massage ordinance.
Reflexologists in Maryland are lobbying the state legislature to provide an exemption to the Massage Practices Act for reflexologists.
Reflexologists are seeking an exemption from a proposed massage licensing bill.
The city has enacted a reflexology licensing procedure: "Practitioners who present to the Police Chief proof of satisfactory completion of two hundred hours of reflexology classroom instruction in reflexology related subjects dealing with feet, hands or ears and reflexology practice from a reputable school of reflexology. The practitioner must submit proof of attendance, including certified transcripts. or other documents acceptable to the Police Chief."
Dr. Sheldon Feldon of New York City's Beth Israel Hospital notes that 13% of American hospital have programs integrating traditional and holistic medicine. The segment highlighted a woman who hesitated to again face surgery for breast cancer - until she was told about the hospitals use of holistic practices. (CBS Evening News, January, 17, 2001)
"That the best one yet," comments Bryant Gumbel. He was sampling a foot vibrator (simulates the, you know, reflexology) and liked it better than other hand held vibrators and other devices.
