Legislatures across the country are returning to work in January. In the November/December 2023 issue of Massage & Bodywork (“Policy Issues Facing Massage Therapy in 2024,” page 16), I outlined key issues expected across the country—continued momentum for the Interstate Massage Compact, licensing bills in Minnesota and Kansas, and potential changes to licensing requirements (both continuing education and examination). However, I didn’t cover the continued focus by legislatures to stop human trafficking and illicit massage.

In 2023, many states (and some localities) continued to push for establishment licensure despite most states already requiring occupational licensure. In most cases, ABMP sees establishment licensure as unnecessary and overly burdensome. In some cases though, ABMP supports establishment licensure with some consideration (exempting sole practitioners, in place of occupational licensing in states without it). 

Human trafficking and illicit sex business are major issues, but hardworking, law-abiding massage professionals should not be punished, nor should lawmakers create policies that inflate the incorrect assumptions about the profession. Instead, lawmakers need to work with the massage industry to help solve these issues that reach far beyond the profession. Human trafficking is a societal issue that can be found in many industries, from marijuana to massage to house cleaning to the illegal drug market. 

Yet, public policy is routinely introduced that focuses primarily on human trafficking in massage. Take, for example, Ohio House Bill 255 (HB 255), which would create a nontherapeutic massage definition and registration. While the intentions of the bill’s sponsors are good, it is highly unlikely the bill would successfully curb illicit sex practices and human trafficking in Ohio. Instead, HB 255 would likely lead to unintended consequences, create public confusion, and devalue the legitimacy of a massage therapy license.

There’s also the idea that individuals performing nontherapeutic massage would line up in earnest to receive a registration. Individuals who operate illicit sex businesses typically do not hire licensed massage therapists. In fact, many do not hire employees at all. Work may be forced labor, and “employees” may be the victims of human trafficking. These businesses will likely not allow their employees to sign up as nontherapeutic massage therapists. In these scenarios, businesses may make more of an effort to remain hidden to evade law enforcement. If individuals engaging in illicit activity are not self-identifying now, a registry will not be a tool that encourages them to do so.  

As well-intentioned as some policy proposals may be, creating different classes or definitions of massage devalues the profession and confuses the public. HB 255 defines nontherapeutic massage as “massage techniques that do not constitute massage therapy because they are performed for other reasons than treatment of disorders of the human body,” which is nonspecific. This places massage therapists and the public in a precarious situation that could lead to public safety issues. 

Furthermore, nontherapeutic massage registration may devalue a massage license. Under Ohio’s potential policy, a nontherapeutic massage therapist requires no education, while licensed massage therapists, by contrast, require at least 600 hours of formal education in massage techniques, anatomy, physiology, ethics, safety, and sanitation. 

Would the public understand the difference between these two credentials? Probably not. This means the Ohio massage therapy license is in jeopardy of suffering depreciating value. This could also create market competition and threaten the bottom line of licensed massage therapists. Additionally, with a zero-educational pathway, this could put massage therapy schools in jeopardy of a potential decrease in student enrollment.

The point here? States and localities across the country are grappling with serious issues of human trafficking and illicit sex businesses. There’s no doubt about that. Pushing forward legislation that harms the massage profession, creates public confusion, and opens the door for unintended consequences does nothing to help solve those issues. That’s why ABMP will continue to advocate against policies like Ohio’s HB 255, and instead work to support policies that help solve these problems. 

Most importantly, we hope you will continue to elevate your voice when troubling policies like this one are brought forward.