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| An open letter about the U.S. and aromatherapy practices
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Recently a friend in YL sent me a frantic letter, the part that matters and got her frantic is below as #1.
I forwarded this to Ralph Fucetola, JD, retired lawyer who currently writes many of the filings and briefs for Turner & Associates, the major law firm working with holistic companies and practices in the U.S. #2 is his response: Even if you have no one if Florida practicing any form of aromatherapy I implore everyone to follow what is going. About 2 years ago I became aware that the Massage Licensing Boards want to "own" aromatherapy and other holistic practices, that of course does not mean everyone who is licensed agrees with that mentality. Many states are currently considering doing the same things, wording such as "energy, healing, touch" are now being inserted as a pre-curser to naming actual practices. Raindrop Technique is primary to the issue which they wish to usurp - remember it's the licensing boards. In Florida for instance, Dr. Stewart's Spiritual Healing License is no longer valid and he has written to all those effected apologizing (although it's not his doing) and he is looking to see how he can get around it. #1: "Under Florida law, the manipulation of the soft tissues of the body is Massage Therapy. Aromatherapy, where oils touch the body, is manipulation of the soft tissues. Reiki (laying on of hands) is manipulation of the soft tissues of the body. You CANNOT charge for these services without being a Florida State licensed Massage Therapist. I am afraid that a Spiritual Healer or even Minister designation still does not give you the authority and especially the LEGAL status in Florida to charge. The amount you are asking for the cost of the oils (love offering) far exceeds their actual per use cost and that constitutes a charge."
#2: Ralph's response: It would be a strange state legal system that would allow a ministerial exemption for the Practice of Medicine, but not the Practice of Massage! Florida statute: http://www.doh.state.fl.us/mqa/massage/ma_statutes.html Please note that the massage statute says that all exemptions under the other professional licenses apply; the ministerial exemption from the Medical Practices Act (one of the listed Chapters) has never been questioned. I therefore conclude that a Minister in Florida is as exempt from the Massage License law as from the Medical License Law. Further, there is very significant case law that says people can do in private association what would be a violation of license laws if done in the public. So, if the Minister acts in private expression, there should be no issue. If an individual working for, say, a public hospital and being paid through insurance funds, were to claim to be exempt from medical, massage or other license, I would not expect a Minister's Exemption to apply. That is not the case with Lightwing Ministries, since our ministers act in private expressive association. "
Regards, Penalties:
480.047 Penalties.— Definitions:
(3) “Massage” means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. Exemptions:
480.034 Exemptions.— |
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