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A Client's Guide to Vermont's New Massage and Bodywork Legislation

This year, April 1st was not just April Fool’s Day, it was also the day that S.220 (Act 178) went into effect, creating oversight of the massage and bodywork industry through Vermont’s Office of Professional Regulation. As a client, you are likely to see no difference in how your session is conducted, as Act 178 does not specify particular credentials required of touch professionals. One of the main changes is that all bodyworkers and touch professionals are required to register with the Office of Professional Regulation. We must also provide clients with a public disclosure containing the following information: 

  • Professional qualifications and experience

  • Actions that constitute unprofessional conduct

  • How to file a complaint with the Office of Professional Regulation

  • How to get more information from the Office of Professional Regulation about touch professionals and who is registered

More details about public disclosure can be found here.

While Act 178 requires massage therapists, body workers, and other touch professionals to register and provides avenues for clients to file formal complaints, it does not require practitioners to have any specific credentials or level of training. Vermont is one of very few states that does not require licensure for massage therapists, and other forms of licensure or credentialing for other touch practitioners. Here are a few things to consider when choosing a practitioner:

Where did they study? Make sure the touch professional you are seeing learned their techniques through a reputable program. Ask what their training entailed. How many hours were completed under instructor supervision? What type of training have they received in anatomy and physiology? What type of training did they receive regarding professional ethics? Anyone with an adequate level of training will happily answer these questions for you prior to scheduling an appointment. 

How are their communication skills? Does the practitioner listen to you? Do they ask follow-up questions based on what you have told them? Do you know what to expect during a session? It is important that you feel comfortable with the touch you are receiving, and therefore communication needs to take place. 

Is their style of touch a good match for you? Different types of touch work well for different people. There is significant variation between different touch practices, as well as variation In the quality of touch provided by practitioners of the same discipline. For example, as a reflexologist, I often refer clients to massage therapists, acupuncturists, and Feldenkrais practitioners. We might all be working with the client to assist the body in achieving balance, but the approaches are different and complement one another. Similarly, while my approach to a reflexology session varies significantly depending on the client, my overall style of reflexology tends to be very gentle. Some practitioners achieve results this way, while others may find their clients respond best through techniques involving deeper pressure or more movement. There is no one right answer, just which style is best for you. 

It is also important to consider which parts of your body you are comfortable having touched, and the level of dress/undress that feels comfortable to you. In a  reflexology session, only the feet, hands, and ears are touched, so the client remains fully clothed throughout the session. In this way, it can be a beneficial practice for those who are interested in bodywork, but are not fully comfortable with a full body massage. I encourage my clients to work with multiple practitioners of different disciplines to meet their wellness goals and explore what is most effective for them. 

Do they put you at ease? Go with your gut. In order for the session to have the desired outcome, it is important for you to feel fully comfortable with your practitioner. You need to feel empowered to ask questions or speak up if anything does not feel right. This level of ease is crucial to maintaining your physical and emotional safety during the session. Any thoughtful and qualified practitioner will be delighted if you speak up and offer feedback because their goal is to tailor the session to your individual needs. 

I bring this up because S.220 was introduced largely in reaction to a massage therapist’s misconduct. (Trigger warning: the following involves mention of sex crimes.) In 2019, a Middlebury man pled guilty to more than 25 counts of voyeurism and two counts of illegal practice of medicine and was sentenced to six months jail time and a $3,087 fine. Several former clients testified that the therapist had touched them inappropriately and had pressured them to remove their clothing. He had also set up mirrors and a video camera in order to film his female clients nude without their consent. When learning about this case, it was striking how many people described the so-called therapist as being “odd,” or mentioned a feeling of something not being right. VT Digger reported, “Of the 24 victim accounts, seven specifically state that the victim ignored an instinct because they didn’t want to be mean, or because they felt they should trust medical professionals.” 

The victims who testified were truly able to convey the impact of these crimes. They were brave enough to speak up and it is important that they are heard. You should be able to trust people in healing professions, but it is equally important to trust yourself. If you are feeling uncomfortable, say something. If you are feeling too uncomfortable to speak up, that is your major red flag that something is not right. Even if you are not able to articulate or pinpoint a particular action that is leading to the discomfort, it is still real and valid. Listen to it. 

Someone who has your best interest at heart will always encourage you to work with  practitioners who are a good fit for you, regardless of the reasoning. There is no shortage of qualified bodyworkers. Ask friends and family for recommendations, call a practitioner and ask them questions about their work before scheduling an appointment, and remember to listen to your instincts. 

Be well on your path.