As legislative session continues in most states, we’re seeing lawmakers and regulators pay more attention to pleas to stop human traffickers from using massage therapy as a cover for their crimes. Let’s explore some policies we’re seeing prove effective in stopping these criminal enterprises from growing.
First and foremost, to stamp out human trafficking in illicit massage businesses, every state must adopt mandatory licensure. There are currently three states (Kansas, Minnesota, and Wyoming) with no licensure or certification whatsoever, one with a simple registration requirement (Vermont), and one with voluntary certification (California). It is imperative these five outliers join the rest of the country in implementing statewide licensure to protect licensed massage therapists and make it harder for human traffickers to use the massage industry as a front for crimes or trafficking.
While it is the foundation for everything else, mandatory licensure alone won’t solve the problem. Other state and local governments have come up with creative ways to start beating human traffickers in this game of whack-a-mole.
The Texas Department of Licensing and Regulation has been granted the power to issue an emergency close order for businesses reasonably suspected by local law enforcement of human trafficking.
In many cities, landlords have been found to be an effective pressure point. Hitting property owners of illicit establishments with public nuisance violations discourages landlords from renting to individuals they suspect of human trafficking.
There is also new legislation in the works in Texas to further restrict negligent landlords by banning them from renting their property to another massage establishment for five years after an illicit massage business has been shut down in that space. This stops an illegitimate massage business from simply switching ownership to maintain operations.
And Maryland recently made aiding and abetting unlicensed massage practice a felony, with excellent results.
Also proving effective is when states maintain public records of disciplinary action. The more states that make these records public, the easier it is for states to catch a criminal fleeing another jurisdiction to set up business across state lines. This works even better if massage establishments are required to report instances of sexual misconduct to state licensing boards.
Another tool many states have implemented already is regulating massage advertisement. Only allowing LMTs to advertise massage services and punishing unlicensed advertisers can be very effective. Some states are considering requiring a license number to be posted on each advertisement, allowing potential clients to look up the therapist to ensure their legitimacy before booking services.
As new laws are enacted to crack down on traffickers, legitimate practitioners should be carefully protected. State law should stipulate that no city or county may enact an ordinance that is more restrictive of massage therapists than state law.
In Washington, the code states that “licensed massage practitioners should be treated the same as other health professionals,” and additional registrations, licenses, and restrictions should not be permitted. But currently, only two-thirds of states regulate massage as a health-care profession.
Especially important: Exceptions to more burdensome restrictions should be made for solo practitioners, who make up about half the industry. For example, there should be allowances made for inspections for practitioners who operate out of their home. It is unreasonable to expect these therapists to allow their home to be subject to unannounced inspection at any time.
It is also critical to keep fees low. That may seem counterintuitive, but the reality is that these illicit operations are swimming in money, and there is no fee high enough to deter them from continuing their crimes. Exorbitant fees only harm legitimate practitioners, potentially putting them out of business over something as simple as an administrative error.
We have a long way to go in this fight, but regulators and lawmakers are beginning to make huge strides in the right direction.
