Kansas should regulate massage therapy to combat human trafficking, advisory board says
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To combat human trafficking, the state government could impose regulations on the massage therapy industry.
Members of the Human Trafficking Advisory Board recommended during a meeting at the Statehouse earlier this month that Attorney General Kris Kobach pursue professional licensing or other forms of state regulation for massage therapists, potentially as soon as the 2024 legislative session.
"We do not currently have statewide regulation in Kansas," Debra Persinger, executive director of the Federation of State Massage Therapy Boards, told the advisory board. "We're hopeful to have that so we can make an impact statewide and get control of this, because it is happening in Kansas."
Kristen Czugala, of the Kansas Attorney General's Office, acknowledged that "there have been many bills proposed over the years on having statewide licensing," and local governments have expressed concern that a less stringent state regulation could take away their tougher and more effective local ordinances.
She suggested a model where the state sets a minimum standard, especially on licensing, that still permits more stringent rules from local governments, particularly on zoning.
Brad Barrett, of the Shawnee County District Attorney's Office, said any state licensing should not disallow local regulation.
"We definitely want to make sure that we maintain local control, but from the Topeka standpoint as well, we have no regulation in the capital city of Kansas," Barrett said. "So it is free will, if you want to be a massage therapist tomorrow, congratulations, you can be a massage therapist. We have no municipal government interest as of right now, even though we've pushed and pushed, to get regulation in this city."
He said, "We're trying to start the conversation of creating a statewide regulation where there is licensing statewide but not taking away control from municipalities like Overland Park that have very robust (licensing), and they're very good at what they do."
Derrick Wilczek, of the Overland Park Police Department, said that city licenses the establishment and the individual therapists.
Discussions indicated the state still has to figure out the details of a regulatory system that works for everyone involved. That includes being "not too much of a hurdle or a burden" for the massage therapists, Wilczek said. "But it also needs to protect the community and give the ability to our city governments to protect the community."
Jennifer White, of ICT SOS in Wichita, said while massage therapists aren't licensed, cosmetologists and tattoo artists are.
"It blows my mind that you have to have your license hanging on your mirror at your station to color my gray hair, but not for me to come in and get naked," she said. "That makes no sense."
Kansas is one of a few states with no state oversight of massage therapy
The Federation of State Massage Therapy Boards is based in Overland Park, despite Kansas not having a state regulatory or oversight board.
Because Kansas is one of a handful of states with no form of state regulation, that can attract practitioners who are disciplined elsewhere, Persinger said.
"When somebody is disciplined or loses their license in another state, oftentimes they literally brazenly will say, 'Well, I'll just go and work in Kansas,'" Persinger said. "So it's kind of we've become somewhat of a dumping ground because it's unregulated."
Legitimate massage therapy typically entails two people in a room with lights turned down low, music on and a partially or fully unclothed client. That lends the industry to trafficking, Persinger said.
She said the traffickers will bring women, predominantly from Asia, to the U.S. They charge them exorbitant amounts for a fraudulent education and licensing then take advantage of their indebtedness.
"These women get into this debt bondage and sexual servitude," she said.
The federation has had some difficulty getting attention to the issue.
In one state, when the federation tried to get the state to take action, "The response was, 'We don't want to restrain trade in our state.' And that's a fair comment, but not in the context of human trafficking," Persinger said.
"A couple of years ago, USA Today did a big splash on the front page that drew a lot of national attention to the fraud in massage education, which for us is a pipeline into the license to practice," she said. "The No. 1 method of sex trafficking is massage therapy."
Licensing boards can revoke or rescind a license, and their enforcement powers can be used to combat human trafficking. The federation also maintains a database that can help states identify when a victim of human trafficking is attempting to get a massage therapy license.
"Massage regulation does not exist to solve human trafficking," Persinger said. "Regulation is the government giving the consumer due process."
She said regulation helps address cases where a therapist falsely claims a massage can cure a medical ailment, or when therapists sexually assault a client. With licensing, such a sexual predator can't just move to Kansas after being caught, as they do now, Persinger said.
"I don't want you to leave here thinking you're never going to get a massage," Persinger said. "I want you to have a lovely day at the spa and have a legitimate, safe experience. But in regulation, where we work, we don't live on the sunny side of the street and I probably spend more of my day job working with law enforcement now than I do actual therapists."
Kansas Legislature has seen bills on massage therapy regulation
The idea of massage therapy licensing is not new to the Kansas Legislature, as multiple bills have been introduced in the past decade.
In the 2023 legislative session, there was Senate Bill 111 and Senate Bill 305, but neither ever got a hearing in the Senate Public Health and Welfare Committee.
That committee did have a hearing on Senate Bill 531 during the 2022 session, but the bill died in committee.
Testimony mostly featured supporters of the idea who objected to details of the bill, including a preemption of additional local regulation. Americans for Prosperity-Kansas testified against licensing as "an undue burden on those seeking to enter the profession as well as customers."
Most of the criticism came on fine-tuning the details and not opposition to the idea of state regulation.
The Kansas Massage Therapy Association had requested SB 531.
The American Massage Therapy Association testified that across the country, 46 states regulate massage therapy, and one more has voluntary certification. Only Kansas, Minnesota and Wyoming have no statewide licensing or certification.
"Licensure provides assurance to the public by setting minimal qualifications and competencies for safe entry-level practitioners," the association's James Specker testified. "Additionally, background checks would provide another level of protection for the public by setting massage therapists apart from those who seek to corrupt the good name of massage."
Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
This article originally appeared on Topeka Capital-Journal: Kansas could license massage therapists to fight human trafficking
