The Board of Massage was formed to make rules (further regulations which are extensions of the original laws) and generally be in charge of policing the industry.

Who better to determine how this can be accomplished than people from the industry? Five members of the seven-member Florida Massage Board are required to have at least 5 years experience in the massage industry. The remaining two lay members of the board enhance the perspective of the non-therapist point of view. They are appointed and overseen by the governor of the state.

Similarly, the National Certification Board of Therapeutic Massage and Bodywork has Standards of Practice which require members to police themselves and each other. Members are required to report to the National Board any violations of laws, ethical standards, and certain pending civil litigation. This holds true whether committed by themselves or other members; whether or not the violation has been ruled upon (NCBTMB Standards of Practice II (d) (f) (g) (h)).

This does not empower the informant. In fact, it would be unwise for one to make a hasty accusation. To do so could be a violation of another NCBTMB Standard, Standard of Practice I (P). It says not to make a false accusation against a colleague. One could be sued for libel or slander, under certain circumstances.

Libel is a “false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt.” Therefore, if one were to make an accusation the result of which affects a therapist’s ability to do business, they had better be very sure they know what they’re talking about. Libel differs from slander in that libel involves a written communication whereas slander is oral.

Libel and slander require that the false statement be communicated to a third person. The “third person” is important. If one is on the beach alone at midnight and says “X gives a lousy massage” or tells X “You sure give a lousy massage,” one has not committed slander because one has not communicated the statement to a third party.

Examples of what the courts have held to be libel or slander include false statements that a person is unfit for or dishonest in a job; has committed a crime capable of imprisonment; has a loathsome, contagious disease; or has been sexually unchaste. (In some communities today, being unchaste would not be remarked upon and therefore would not be the basis for a slander suit.)

The person accused of libel or slander can defend by proving the statement is true. Some jurisdictions may exempt reports of misconduct to the proper authorities from libel/slander.

The person who has been libeled can receive actual damages in court (to cover the real damage suffered) and punitive damages (to punish the person who did the libel or slander and to discourage others from doing the same thing.) They may also be able to receive statutory damages without having to prove they were injured. Certain instances of slander/libel are held to be so awful on their face that damages are not required to win a suit.

Therapists can inadvertently undermine their own profession by making reckless accusations about another therapist. You may recall Shakespeare’s Hamlet speaking of “Hoist with his owne petar.” (A petard is a medieval bomb.) Hamlet was referring to the two messengers who were delivering instructions, from his uncle, Claudius, for his execution. Hamlet altered the manuscript so the instructions said to execute Claudius’s messengers instead. Claudius was hoisted by his own petard or blown up by his own bomb. Reckless accusations unnecessarily cast doubt on the whole industry.

Fortunately, in today’s massage environment, the industry is more noted for being a health related industry than in the past when some felt forced to constantly defend their motives.

So while the massage and bodywork industry requires policing, it is no different then any other industry. In general, most professions require policing and there are various Boards with rules and penalties designed to maintain the integrity of a given profession.