Q: What does the Maryland State Board of Chiropractic Examiners have to do with massage therapy?
Mercedes: Unlike many other states, massage therapists in Maryland are not yet represented by our own board of massage therapy. For years, the Maryland Board of Chiropractic Examiners is responsible for licensing massage therapists. In 2009 a joint board, the Maryland Board of Chiropractic and Massage Therapy Examiners, was formed. However, massage therapists continue to be under-represented on the joint board.
Q: You sued the Maryland vet and chiropractic boards for the right to practice animal massage and won?
Mercedes: Yes, together with the Institute for Justice, I challenged the Maryland State Board of Veterinary Medical Examiners, as well as the Maryland Board of Chiropractic Examiners (which licenses massage therapists in Maryland). Click here to read more about our victory on July 30, 2009 and here for a rundown on the case.
Q: How much money did you win?
Mercedes: Zero. I sued for the right to work, not for money. All I have ever wanted is the guaranteed right to earn an honest living, free from unreasonable and arbitrary government regulation.
Q: Why did you go to court over this? Couldn't you have negotiated with the Boards?
Mercedes: Unfortunately, both Boards made their positions absolutely clear. I was informed by the Chiropractic board that if I continued my animal massage practice, I would face immediate revocation of my license to practice massage therapy on humans. The Veterinary board stated that licensed human massage therapists who practiced animal massage would be considered to be practicing veterinary medicine and would face criminal prosecution -- no exceptions.
After the lawsuit was filed (6/10/08), the Vet board backpedaled on its position (7/11/08), saying that animal massage for the purposes of "general relaxation" or to make an animal "feel better" is permissible. There was NO reference to such exceptions in their original memo. It took another year and a judicial ruling to defeat the Chiropractic Board.
Q: Does this mean that you are anti-vet?
Mercedes: NO! I am very much pro-veterinarian. The vets I know are intelligent, dedicated, hardworking individuals who love animals and want the best for them. I have had clients come to me specifically because their veterinarians recommended massage for their animals and I have often referred animal owners to veterinarians. Horses in particular benefit from a team approach to wellness and horse owners depend on a variety of non-veterinary as well as veterinary services. It is shameful that the Maryland vet and chiropractic boards prevented horse and animal owners from having access to good quality massage & bodywork for their animals.
Q: Are you anti-chiropractor?
Mercedes: NO. Chiropractors face the same obstacles that massage therapists are -- they have been prohibited from practicing on animals as well, and I heard from chiropractors all over the country who expressed their support for my case (read what one chiropractor has had to endure from regulators here). A professional licensing board's actions and opinions are not necessarily those of the practitioners it licenses (and supposedly serves). A licensing board is not a professional association -- it is a regulatory organization formed by law to regulate professions, ostensibly in the public interest. However, regulatory boards have very little government oversight and often operate as a law unto themselves.
Q: Is Maryland the only state that classifies animal massage therapy as the practice of veterinary medicine?
Mercedes: No. In 2003, the American Veterinary Medical Association revised its Model Practice Act. In it, the AVMA classified complementary & alternative health care, including massage, as the practice of veterinary medicine. Many states across the country subsequently incorporated similarly broad language into their state veterinary practice acts. So although this case pertains to Maryland, it is of national interest to animal owners, caregivers, and complementary & alternative health care providers. (Note: The chart on state animal massage law on the International Association of Animal Massage & Bodywork website is woefully outdated and does not reflect the many changes nationwide that have occurred since 2006, when the chart was published. A more current list can be found at Caninology.com. Keep in mind that veterinary practice laws and their interpretation by state veterinary boards are continually changing. State veterinary practice law exemptions can be found on the AMVA website.).
Q: Is the United States the only country where restrictive veterinary practice law is an issue?
Mercedes: No. Our northern neighbors in Canada are also struggling with this issue. For more information, please visit the Alberta Alliance for Animal Owners Rights.
Q: How can I stay informed?
Mercedes: There are several ways you can stay informed about this issue.
Q: So what can I do to help?
Mercedes: Click here to visit my Call to Action page.
Other questions? Please contact Mercedes.
301-216-2612 or mercedes@probodyworker.com
