Professional Documents
Culture Documents
CONTENTS
Features
Ethics, Boundaries
and Common Sense
6
p8
Despite Our Differences 8
2013 Business Supplement 11
p11
Departments
p16 From the Editor 5
Resource Directory 29
RMT Tech Talk 30
Relocating Your Practice 24
Assessment Made Easy 26
If you are looking for a college to provide you with the highest educational stan-
dard in Osteopathic training, then the Canadian College of Osteopathy is your best
choice.
Editor
Spring 2013 - Volume 12, iSSue 2
from the editor
I
Maria DiDanieli • mdidanieli@annexweb.com
(289) 259-1408 • (888) 599-2228 ext. 247 s massage therapy a complementary and
alternative (CAM) specialty?
Publisher In health-care literature, scientific or other-
Christine Livingstone • clivingstone@annexweb.com
(519) 429-5173 • (888) 599-2228 ext. 239
wise, authors often classify massage therapy (MT) as CAM. This is certainly
the case when they are not MTs themselves, but is true even when they are.
Sales Assistant Furthermore, when medically based researchers – even those who position
Jarah Stefek • jstefek @annexweb.com
(519) 429-5183 • (888) 599-2228 ext. 219 themselves as advocates – give presentations relating to MT, they use the
term CAM to describe the profession. It seems that the tendency to slot MT
Media Designer
Gerry Wiebe
into the category of CAM has become ubiquitous.
So what, you ask?
Group Publisher Linguistic theories suggest that the terminology used to describe an entity
Martin McAnulty • mmcanulty@annexweb.com
– for example the classification of massage therapy as complementary or
President alternative, as opposed to simply referring to it as a manual therapy – relates
Mike Fredericks • mfredericks@annexweb.com
to society’s impressions of that entity and perhaps even influences how it is
Mailing Address perceived (and therefore, when it is sought out or offered). And so, although
P.O. Box 530, 105 Donly Drive South, MT has a very rich history of clinical experience and a growing body of
Simcoe, ON N3Y 4N5
research demonstrating how it can integrate into mainstream health care, I
PUBLICATION MAIL AGREEMENT #40065710 would argue that when medical professionals – especially massage therapists
RETURN UNDELIVERABLE CANADIAN
ADDRESSES TO CIRCULATION DEPT.,
themselves – persist in referring to it as CAM, they encode in the minds of
P.O. BOX 530, SIMCOE, ON N3Y 4N5 the public, and the profession, biased notions of limited utility.
e-mail: subscribe@massagetherapycanada.com We have, in our pages, often discussed massage therapists taking the reins
Massage Therapy is published four times a year:
and becoming leaders in the process of their profession’s growth, working
January, April, July, November. Published and printed by from within to educate one another, the medical community and the public
Annex Publishing & Printing Inc., 105 Donly Drive South, regarding the benefits that MT can offer. Even with MT evidence being in a
Simcoe, ON N3Y 4N5
relatively early stage, it is possible to offer solid arguments, backed up by initial
Printed in Canada findings, for its safety and inclusion in treating patients in a variety of clini-
ISSN 1499-8084 cal situations. The groundwork is there for the profession to springboard its
Circulation way back into mainstream health care, where it flourished throughout many
e-mail: subscribe@massagetherapycanada.com periods in time, and in a number of cultures! This leap will involve shifting
Tel: (866) 790-6070 ext. 207 the opinions of health-care professionals and the public regarding MT’s role in
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Mail: P.O. Box 530, Simcoe, ON N3Y 4N5 today’s health and wellness strategies. Why not lead the way in this process by
dropping the inherently restrictive CAM nomenclature?
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in concert with other disciplines, in either a supportive or a leadership role
Occasionally, Massage Therapy Canada will mail informa- depending on the situation at hand.
tion on behalf of industry-related groups whose products
and services we believe may be of interest to you. If you The next step is to take control of all aspects of your message so that some-
prefer not to receive this information, please contact our body else does not have the opportunity to do so. As such, to confine your-
circulation department in any of the four ways listed above.
self – or to allow the greater health-care community to confine you – to the
No part of the editorial content of this publication may be category of an adjunctive therapy, or among a lost-and-found of curiosities to
reprinted without the publisher’s written permission. ©2013 explore if nothing else works(!), is not only selling yourself short and restrict-
Annex Publishing & Printing Inc. All rights reserved. Opinions
expressed in this magazine are not necessarily those of the editor ing how you’re perceived by other practitioners and/or the public. . . it’s also
or the publisher. No liability is assumed for errors or omissions. depriving potential patients of the opportunity to access the very real benefits
All advertising is subject to the publisher’s approval. Such
approval does not imply any endorsement of the products or that can be derived from what you do.
services advertised. Publisher reserves the right to refuse So, are you CAM? Whether you, and others, see you that way . . . is really
advertising that does not meet the standards of the publication.
up to you!
Bien à vous,
massagetherapycanada.com
M
any are the challenges of a career in health care. Ethics – in particular, boundaries – is one
area that is intangible yet cannot be ignored under any circumstances. If this area is neglected,
the professional’s entire practice may be compromised and the patient harmed.
This raises the question, how does one define something as eso- Emotional
teric as boundaries in a form that can be clearly recognized and The emotional boundary defines people by their emotions,
then effectively implemented? This scenario is often compli- and how closely they allow others to be privy to their emotional
cated further by the vast array of cultural backgrounds of both status. Once again, trust is paramount because we are sharing
professionals and patients. Furthermore, the emotional status that which is supremely private with another person. This is
of both patients and practitioners differs at any given time and exquisitely so when a patient discloses his or her personal details
must also be considered. to the therapist. The degree of comfort and trust we have with
This article serves to offer that elusive template that will guide the other entity will determine the permeability of our emotional
the health-care practitioner through this muddy macrocosm. boundary.
Despite Our
Differences
MTs must band together to move forward
I
n the massage therapy profession, we seem to disagree a lot. We argue whether or not spa therapy
has value compared to rehabilitative massage (both approaches serve entirely different markets), if
practice should be guided by evidence instead of traditional knowledge and experience (why not
both?), and if we should advance our credentials via a degree-level program in anticipation (and a
great deal of assumption) of attaining more credibility and better positioning in a resource-strapped
health-care system.
Practitioners yearn to dialogue and debate the jugular issues. some massage therapist associations compounds the problem.
Our training colleges can fail to maintain contact with their Remarkably, despite the privation of fertile ground to cultivate
graduates, other schools, the professional association or regula- massage therapist practices, we somehow forge ahead. Massage
tory body. These profession stakeholders, in turn, are just as therapy remains an underdog in the convoluted and tightly
guilty of fraying the lines of communication. Opportunities to wound medical hierarchy but remains high in public appeal
apprentice, to collaborate as part of a team, and to debate the nonetheless. Despite competition from better-organized, better-
fundamental problems facing massage therapists on a day-to- resourced and more mature disciplines in both Western medicine
day basis are few and far between. and the complementary and alternative medicine (CAM) fields,
Entry-level massage therapists with few contacts and little capi- massage therapy remains buoyant.
tal or business experience rely heavily on practitioners with estab- We should not rest on our laurels, for the existing threats
lished practices – or managers of spas and rehab facilities – to mentioned above have magnified in the turn-of-the-century
show them the ropes and create opportunities they themselves are depressed economy. In the name of professional preservation,
not yet capable of creating. Financial ignorance, transience, fear there has never been a more acute time to pool resources and
of the regulatory body and distain for impotent representation by get organized.
Cultivate thought-leaders
I think we should focus on bringing our brightest together in a
physical or virtual symposium to discuss the key issues: finding
viable business models, determining how to support RMTs-
turned-business owners; learning how to manage multiple
identities/market sectors served; ensuring the quality of training
colleges, accreditation and interjurisdictional competencies;
mitigating incredulity with government, insurance industry,
gatekeeper disciplines and pubic/media; and advancing regula-
tion and research. The objective of this think-tank: put forth
tangible solutions to address core profession issues head on.
growth in 2013
T
he “bottom line” is on everyone’s minds, these days, as we
Canadians hopefully continue to pull out of the global reces-
sion. While the Canadian public needs massage therapy and
all its benefits more than ever, during tough economic times,
they are careful with their dollars. And although the value of mas-
sage is becoming increasingly recognized in managing and treating
many conditions – stress relief of course among them – massage
therapists must continue to market their services, and ensure their
business practices are optimal as well.
p16
12
While Massage Therapy Canada continues to offer you important business-related arti- The Key to Financial
cles in each edition, in this issue we’ve put together a special supplement of business- Success
related articles on a variety of critical topics. Donna Micallef on consistency and
Lior Samfiru and Chuck Tahirali of Samfiru Tumarkin law firm provide an in-depth lessons learned
look at why determining the therapist-clinic legal relationship is so important – and BY TREENA HEIN
how to do it. If you aren’t careful about nailing this down, you leave yourself open to
the possibility of costly mistakes. 16
Semi-retired commercial real estate/business appraiser and financial analyst Lloyd Practice Management
Manning explains how a practice valuation is conducted; this article will be of interest Software
to those of you who are thinking of selling your practice for whatever reason – now, Why it’s important and what to look for
soon or far in the future. BY LIZ PRIDHAM
Donna Micallef, the co-owner of one of Canada’s most successful massage therapy
product businesses, shares the lessons she and her business partner have learned over 18
the years, and also presents her ideas on the keys to financial success for massage therapists. My Massage Therapy
Timothy Feher, the creative director at Blue Bear Media and Mission to Vision Practice
Communications, examines how the business plan is critical as your road map to suc- What is its value?
cessful business development. Feher is frequently called into organizations large and BY LLOYD MANNING
small to assist with development issues and he’s continually surprised at how many are
suffering because they don’t have the strategic focus of a current or comprehensive busi- 20
ness plan. Don’t let your business be without it. The Business Plan
We hope you enjoy these articles – and most importantly, we hope you learn some- Your road map to successful business
thing valuable. We look forward to your feedback as well. development
BY TIMOTHY FEHER
22
Therapist-Clinic Relationships
Associate editor, They may not be what you think
Treena Hein BY LIOR SAMFIRU, LLB, AND CHUCK
TAHIRALI, MIR
The Key to
Financial Success
Donna Micallef on consistency and lessons learned
BY TREENA HEIN
T
“ he most important thing for thera- relaxation and feel-good items. They offer
pists to remember when building herbal bath products, relaxation CDs, candles,
their practices is to be consistent in slippers, bath robes, inflammation and pain-
everything they do,” says Donna reducing lotions, as well as a range of hand-
Micallef. “This means the hours they keep, held tools to increase circulation, stimulate
the services they provide and their use – and healing and more.
sales – of quality products. The general public
is very knowledgeable and demands repu- HELPING OTHERS BUILD THEIR
table products, and the use of products with BUSINESS
integrity directly reflects on how a practice is But the owner and staff of KYBB support the
perceived.” massage therapy profession by doing more
Micallef co-owns Know your Body Best than just selling products. “We wanted to
(KYBB) in Toronto with Constance Rennett. develop a business that helped other people
It was Rennett (a full-time practising RMT at build their businesses,” says Micallef. “We
the time) who had the idea in 1992 to open Donna Micallef, co-owner of Know
always have an eye on selling products that
a retail store with Micallef for other therapists Your Body Best. massage therapists can trust are safe and ben-
besides her clinic, and since then, the pair has eficial for patients, products that help them
never looked back. The product supply business was a boom- maintain integrity in their business practices.” From time to
ing success from the start and kept the two so busy that they time, Know Your Body Best runs in-house workshops and
sold the clinic shortly afterwards. KYBB now sources, whole- seminars and Micallef and Rennett are available to talk to
sales and ships internationally, supplying massage therapists, RMTs in other ways as well. “We’ve featured Don Dillon
physiotherapists and spa operators, as well as the general who teaches practice management and Paul Lewis who teaches
public. various advanced massage techniques,” Micallef explains.
“Prior to KYBB there was no full-service supply store in “We’ve also had suppliers do presentations, teaching the value
Canada for massage therapy or other complementary thera- of using their products in treatment.”
pies,” Micallef notes. “The industry really needed a company Micallef and Rennett make sure their staff is knowledgeable
dedicated to providing therapists and their clients with qual- and skilled about each product, with each person able to pro-
ity products.” She adds, “With Constance being an RMT, vide the right guidance and advice on which products would
and me having many years of business experience, it was a work best for each customers’ needs. “Customer service is
great fit for both of us in the beginning and still is today. We number one in our minds,” Micallef says, “and we work hard
feel that our efforts over all these years have contributed to each day to give the help and advice that is needed.” New
massage therapy growing to where it is right now.” staff members spend the first four to eight weeks working
From the start, Micallef and Rennett travelled to places with a senior team member, learning about each product and
such as California to educate themselves on the best and how the business systems work. “They do a lot of reading,
newest products on the market. “From the beginning, feeling, smelling and experiencing the great products,” says
we also wanted to have an educational component, offer- Micallef. “We make training very interactive.” She says new
ing books and anatomy charts,” says Micallef. Their large staff members are chosen for their good character, commit-
product line helps therapists meet the needs of their clients, ment to customer service and love for the industry, along with
ranging from pain management and mobility products to their individual skills that will complement the existing team.
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Practice Management
Software
Why it’s important and what to look for
BY LIZ PRIDHAM
W
hether you are setting up a brand new
clinic or enhancing an established practice
location, there are many priorities compet-
ing for your available budget dollars. One
of the best investments you can make for your practice is
a good Practice Management Software (PMS) program.
There are many different systems available: some basic,
some with an assortment of bells and whistles. The fol-
lowing tips and ideas will provide you with information so
you know how you can profit from a practice management
program and what to look for in your software. Making an
informed choice is key to ensure your program will give you
the information you need to help you make better business
decisions, and also to help you provide high-quality service
to your clients.
My Massage Therapy
Practice
What is its value?
BY LLOYD MANNING
A
t some point, every massage therapist thinks that If the market for therapeutic massage is large and expanding,
now is the time to sell out or do something dif- competitors will soon appear.
ferent. No matter the reason, there is always the Location – A massage therapy practice can be location-
question: does my massage therapy practice have dependent or location-independent. Location-dependent is
a value? The truth is that many massage therapy practices can where the clients are nearby. The practice cannot be simply
command a high dollar while others are worth very little. packed up and moved across town without losing many of
The first step in establishing market value is a clarification them. Location-independent would be where the practice
of what is to be for sale. A buyer will weigh the logic of buy- can be easily relocated, and the clients will seek it out. If
ing your operation, buying another or establishing a new independent, there is no goodwill of location. Everything
practice. A fair value for your massage therapy practice is depends on the source of the clients. If they are drawn almost
what another will pay for it and what you will accept. exclusively from the massage therapy operation being part
of a spa or recreation centre for example, this is definitely
GOODWILL DEFINED location-dependent. Alternatively, if the clientele is scattered
Other than furniture, fixtures and equipment (FF&E), for throughout a larger metropolitan area and it would be unim-
most massage therapy practices the value is in “goodwill.” portant were the practice located a few blocks or so here or
Although there are several definitions, the best comes from a there, any goodwill value for the practice would only exist for
1910 English law case, where a Lord Eldon stated “Goodwill reasons other than location.
is nothing more than the probability that the same patrons
will continue to patronize the same shop.” In addition to VALUATION METHODS
FF&E, this is what you have to sell and this is what a valua- There are two common valuation methods and each
tion puts the dollar sign in front of. method has its shortcomings. All that anyone can do is give
We will place goodwill into three distinct categories: it a best estimate. One of the two methods is a “Market
Personal or Professional – This is goodwill that’s been built Comparison,” where revenues and selling prices abstracted
up by the work of the therapist. When (s)he leaves, any from the sale of other massage therapy practices are com-
goodwill created by his/her abilities, techniques and personal- pared. While data is lacking on the value ranges for massage
ity leaves too; however, because a successful practice is largely therapy practices, they are usually valued between 40 and
a trust relationship between the professional and the clien- 60 per cent of annual billings. As there are many factors
tele, that trust may be partly transferable. A fair assumption involved, the spread is large and this procedure provides
in clients’ minds is that the new buyer will have the same only the broadest of value estimates. Secondly, the “Excess
training and professionalism as the seller. This ensures a mea- Earnings Approach” is the summation of the value of the tan-
sure of continuity. So, the value here relates to the trust of gible assets, usually limited to the FF&E plus a dollar figure
the clientele in the established system of training and accredi- for goodwill. An explanation follows below.
tation of massage therapists.
Goodwill of Establishment (a.k.a. Business Goodwill) – The TANGIBLE ASSETS
longer the practice has been established, the more regular and A quick method for providing a reasonably reliable estimate
devoted the clientele and the greater its value. It’s about the of the in-place value of the tangible assets (principally FF&E)
probability that the same clientele will return, no matter who is first to determine their replacement cost and then to cal-
is in charge. The measure is the retention and potential for culate their depreciated value. Estimate the in-place value
continued patronage from existing clients. Consider the com- as halfway in between. For example, assume that the cost to
petition: some is good but excessive competition is ruinous. replace the FF&E new would be $20,000. Normal useful life
Quick Issue
Disability Insurance
Coverage for In-Practice and Graduating Registered
Massage Therapists in Ontario
W
hether you’re the sole proprietor of a small and increase profitability, through a mixture of retail, addi-
massage therapy practice, a business partner tional health and spa services, seminars, workshops, and even
in a health and wellness clinic, or an owner- food service. Whatever your approach to sustainability, the
manager of a large spa, retail and multi- business plan is your planning tool to ensure profitability
service business, the business plan is your road map, and and protect your investment. Regardless of the size of your
your most important management tool, for the sustainability business, the critical elements of an effective business plan are
and growth of your operation. I am frequently called into pretty much the same. Here is an overview of the five most
businesses and organizations, large and small, to assist with important ones. These elements will ensure that your busi-
development issues. I am continually surprised by how many ness plan will serve as an instructive and accurate strategic
businesses and organizations are floundering without the management tool.
strategic focus of a current or comprehensive business plan. If 1. The Business Idea, or Mission – Your central business
a business plan is dug out of the back of a filing cabinet, it’s idea is where everything starts. It must be feasible, scalable,
often a document that the organization has never used, and and flexible enough to make it unique among competitors
often because the contents are not that useful or strategically in the marketplace. Clarifying your business idea is certainly
instructive to begin with. crucial to your marketing plan or your pitch to investors. But
Without the strategic and financial prescriptions of a well- first and foremost, you want to sell yourself and test the “big
researched business plan – along with the discipline of follow- ideas” offered by your business concept.
ing its central planning imperatives – managers of the organi-
zation tend to operate independently and sometimes at cross
purposes, employing their own untested assumptions and intu-
itions. This often makes for an unfocused business: one that
gets into trouble, and one that fails to achieve financial sustain- The business plan is your planning tool
ability, financial growth or other performance objectives. to ensure profitability and protect your
I think the analogy of a road map is a good one. Unless
you prefer the risk and adventure of flying blind on the open investment.
road without directions, a road map is a pretty crucial tool.
In fact a road map and a business plan have a lot in com-
mon. Most importantly, they both:
• show the full context of the journey, the forks in the road, Take some time to articulate and reiterate the purpose of
the obstacles, the challenges, the proposed direction; your business. What makes it unique in the marketplace?
• propose and assess strategic options and even alterna- What specific customer needs will your products and services
tive routes to reach the destination; satisfy? Can you measure and project the need in the market
• are scalable so that all elements are measurable, allow- that you will serve? How will you meet customer needs dif-
ing for accurate feasibility assessment and calculated ferently from your competitors? Do you have a different or
projections. new approach? What innovations are offered by your busi-
ness concept? Test your thinking with some focus groups.
FIVE CRITICAL ELEMENTS OF A BUSINESS PLAN Listen to the feedback.
Massage therapists today function in a very competitive 2. The Business Model – Often the weakest part of any busi-
and challenging economic environment. In order to survive ness plan, the “business model” describes how the business
they not only have to provide high quality service, and sus- will make money, how it will be self-sustaining, and how it
tain their customer base, but they must also be creative and will grow. It’s primarily a mathematical exercise that helps
innovative entrepreneurs in order to attract new customers. you to design and evaluate the short- and long-term profit-
A number of my clients have opted to expand their practice, ability of your business. Unrealistic, inaccurate or poorly
Okay.
profile? Where are these potential customers and how
many are located in proximity to your services? What
PMP software
do you know about the motivations of your target
market? How will you position your products and ser-
does almost
vices vis-a-vis their likes and dislikes?
• How will you articulate your brand in words, pictures,
everything
partnerships, affiliations, style, values and promise of
performance?
• How will you reach, motivate, educate, communicate
to and convert customer prospects?
• What are the costs, and what is the investment plan
over five years, to acquire the number of customers to 1-800-561-7361
make the business model work?
Therapist-Clinic
Relationships
They may not be what you think
BY LIOR SAMFIRU, LLB, AND CHUCK TAHIRALI, MIR
W
e all know the “Duck Test” – if it looks like
a duck, swims like a duck, and quacks like
a duck, then it probably is a duck. This test
is of great assistance in determining whether
the relationship between a clinic and a massage therapist
is employer-employee, or whether the therapist is an arm’s
length independent contractor.
Clinic staff could comprise a mix of employees (from
whose wages/salaries the clinic owner makes “source deduc-
tions” such as income tax and Employment Insurance premi-
ums) and independent contractors (contractors are responsi-
ble for their own deductions and usually collect GST-HST).
A therapist’s resumé could include stints as both.
There are various advantages and disadvantages to working
as either, or having employees or contractors at your clinic.
A contractor can be terminated on very short notice (e.g., 15
to 30 days), whereas employees are entitled to much more
It’s in everyone’s best interests to ensure the nature of the therapist-
generous severance entitlements (up to 24 months’ notice or clinic relationship is certain, and that everyone thoroughly
pay in lieu thereof ). Therapist employees have their payroll understands their respective obligations and entitlements.
paperwork and source deductions handled for them by the
clinic, but contractors handle their own. Contractors can mine the actual legal relationship. That is, what’s written in a
deduct business-related expenses at tax time that an employee contract is a factor, but it’s rarely determinative.
cannot. Employment relationships and working conditions How does one go about determining whether the clinic-
are governed by a complex web of legislation, whereas con- therapist relationship is one of employment or contractor? One
tractor relationships are much less regulated, except by pri- applies the appropriate variation of the Duck Test – and if the
vate contract between the parties. therapist walks like an employee and talks like an employee . . .
you guessed it.
SO, IS IT A DUCK? There are several factors involved in this examination. As
Are you certain that you’ve entered into the type of relation- described in Table 1, “employees” are paid a fixed hourly rate
ship you believe you have? One thing to keep in mind in or salary, are covered by benefits, work full time, and report
determining the answer to this question is that what you call to a supervisor who oversees and controls their activities.
yourself or what someone else calls you is largely irrelevant. Employees also have a job title and a clinic business card, use
You may believe your relationship is exactly as specified on the clinic’s equipment and have business expenses paid by the
the piece of paper you and another party have signed. If so, clinic. However, if the individual makes decisions about how
it may come as a surprise that in the face of a dispute or con- services are rendered and charged, is paid on a revenue-shar-
troversy, the inquiring authority – whether it is the Canada ing or other variable basis, is not covered by benefits, decides
Revenue Agency (CRA), the courts or a government tribunal when, or how much, to work, works for other clinics or offers
such as the Ontario Labour Relations Board – will definitely independent services to non-clinic clients, works autonomous-
look beyond what’s stated on that piece of paper to deter- ly (free of supervision), covers his/her own business expenses,
Is individual expected to work full time and/or to Time and ability to work for others is
Exclusivity is indicative of employment
have an “exclusive” relationship with the clinic? indicative of contractor relationship
If therapist holds him- or herself out as To the extent that the therapist is running
employee of clinic (has clinic business his or her own business, responsible for
How integrated is the therapist into the clinic’s
cards, etc.), has expenses paid by clinic own expenses and is paying rent for
business?
and is given space to practice at no space, this is indicative of a contractor
charge, this is indicative of employment relationship
has his/her own business cards, uses his/her own equipment when you terminate the relationship on short notice,
and pays rent for the space to practice, then it is very likely now claiming to have been an employee all along.
that such a person is a “contractor.” • The CRA decides deductions relating to the work
Exclusivity, degree of control, ownership of tools/equip- a particular therapist ought to have been made “at
ment, risk of profit/loss and the degree of integration of the source” (by you, the clinic) and not only seeks repay-
therapist into the clinic’s business are key factors in deter- ment of outstanding taxes and deductions, but also
mining the type of relationship. No single factor is deter- imposes penalties and interest.
minative on its own. An inquiring authority will examine • An “employment standards officer” determines that your
all factors and make a global assessment. Keep in mind also contractors are employees, and therefore owed vacation
that depending on the inquiring authority (a court versus pay, overtime pay and public holiday pay.
the CRA), or the purpose of the inquiry (e.g., to determine It’s in everyone’s best interests to ensure the nature of
whether the individual is owed damages for wrongful dis- the relationship is certain, and that everyone thoroughly
missal versus a determination of whether or not back taxes are understands their respective obligations and entitlements.
owed), a slight variation of the test will be used. The determi- Analyzing your relationships now and taking any steps to
nation may also vary slightly from one province to the next. clarify them will help you avoid unpleasant surprises or dis-
putes down the road. If you have contractors who “quack”
THE ‘DEPENDENT CONTRACTOR’ like an employee, you may wish to take steps to transition
To further complicate things, it’s possible to have a contrac- them into an employment relationship using a contract that
tor relationship but one in which the contractor is depen- captures the parties’ mutual expectations with respect to
dent on a single clinic for most or all of his/her income. In issues such as termination. For this, we strongly recommend
such cases, the clinic’s relationship may be deemed deemed that you seek legal assistance.
to be with a “dependent contractor.” Legally, a dependent
contractor is treated very similarly to an employee in terms Lior Samfiru has established a reputation as a lead-
of entitlements at the time of terminating the relationship. ing employment lawyer in Ontario and heads the
As is always the case, this type of relationship is determined Labour and Employment Law practice at Samfiru
through looking at all the test factors, but the degree of eco- Tumarkin LLP. Samfiru represents and advises both
nomic dependency is crucial. The more economically depen- employees and employers with respect to all work-
dent the therapist is on a single clinic for income, the more place matters, including employment agreements (and other types
likely he or she will be seen as a dependent contractor. of contractual arrangements), employee terminations, disciplinary
Whether you are a clinic owner/manager or a therapist issues and human rights.
working as what you believe to be a contractor, you should
consider these test questions carefully. Although the popular- Chuck Tahirali is a senior human resources consul-
ity of contractor relationships has soared over recent decades, tant and an integral member of the Labour and
many such relationships are improperly characterized by the Employment Group at Samfiru Tumarkin LLP. He
parties themselves. Unpleasant scenarios can result from not works in conjunction with the firm’s labour and
having the relationship clearly determined by both parties. employment lawyers to provide specialized human
For example: resources advice and services to employers of every size. Tahirali
• A contractor, who for several years has positioned him/ possesses over 20 years of experience providing assistance to
herself as such (invoicing you month after month and human resources management and corporate clientele with
perhaps collecting HST), sues you for wrongful dismissal respect to labour and employee relations.
Relocating
Your Practice
Points to ponder when it’s time for a move
T
he thought of relocating is a terrifying thought for many of us. Being uprooted from friends, family,
work and everything that you are accustomed to is among the top most stressful situations that we
will encounter in our lives. Many therapists are faced with this situation either out of choice for a
change of lifestyle or out of a sense of adventure. Many moves are the result of necessity, such as
massage opportunity elsewhere, employment for partners/spouses, or family obligations.
Relocating out of a sense of adventure or a change in lifestyle and goodwill that you have established in your community.
provides the opportunity to do some investigating of your Determining the value of the practice is where most thera-
options ahead of time. Of primary importance, you should pists struggle. A quick list of considerations: fixtures (table,
not inform your current workplace or clients of your plans to office equipment, linens, etc.), the size of your active and
move until you have something concrete to tell them. You do inactive client list and the previous history of your business
not want to have to deal with a knee-jerk reaction from them (you should assemble statistics of your treatment times and
if things don’t pan out and you stay put. In the meantime, gross income [not including GST/HST or expenses] for one
you should be investigating the massage work opportunities to two years) will give you some idea of value. For a more
in the potential new community. Look for position postings
and investigate networking with other therapists in the area.
Get a feel for the climate of the massage market (see side- CONSIDERATIONS FOR MOVING YOUR MT
bar, “Considerations for moving your MT practice to a new PRACTICE TO A NEW AREA
area,” in this article for some things to consider). This is only • Is the area over-serviced or under-serviced? Examine
a start to your investigation as your answers will create more population size versus number of therapists.
questions, and this is a part of the process. • Is the area urban or rural? This will help you to
understand the client base you will be helping as
CONGRATS – YOU’VE MADE THE DECISION! well as start to develop your advertising strategy.
Once the decision to move has been finalized, you now have to • Is there a group of therapists that you could net-
deal with your active business. If you work at a clinic with other work with?
massage therapists, your responsibilities are slightly reduced ver- • What are the going rates for massage?
sus being a sole practitioner working independently. But, once • Do you need more or less liability insurance than
you know your timelines you can begin to make plans. you are carrying (leaving your jurisdiction)?
You need to review any contracts or leases to remind your- • Do you need to apply to another college or associa-
self of your contractual obligations in order to establish time- tion or register before you can even work in this
lines to exit your agreement. Most clauses have specific time- jurisdiction? – This is especially important because
lines that need to be observed for notice. This is something if you go from a non-regulated province to a regu-
you may want to consider when you are deciding upon your lated one, unfortunately, you will not be able to
scheduling for the move – if you have a choice. hang your shingle and start to work right away.
If you own a clinic or are an independent practitioner who • If you are leaving the country, will you need a visa
maintains your own practice, you have many more decisions to work and would you qualify?
in your future. The size of your practice will come into play These are only suggestions and a starting point from
– if you have a larger practice, you may have the opportu- where to start your investigation. Your answers will create
nity to sell your practice – as will business name (if you have more questions and this is part of the process.
established an identity outside of your given name), client list
Assessment
Made Easy
Harnessing the efficiency of the Exstore system
W
hether we are students learning in a classroom setting, or health-care practitioners building a
patient base, we need clarity when initially assessing new patients. In school, we are taught
a variety of orthopedic tests that are supposed to form the foundation of our assessments.
Having been through the classes, we finally start to treat patients – but we soon discover,
and studies tell us, that frustration sets in when traditional orthopedic tests don’t give us consistent results.
(Contant, 2003)
For instance, picture this brief scenario: A patient complains pain stimulation and decreasing joint mobility.
of low back pain. You have them perform range of motion The second step, which is the key to the entire system, is
tests, a straight leg raise and Kemp’s test. All tests point to assessing motor inhibition of the tissues around the scapular
everything being normal. Ten minutes of testing goes by, and and pelvic girdles. Le Pera (2001) describes muscle motor
you are still no closer to finding the cause of your patient’s inhibition as the inability of the peripheral nerve to contract
discomfort. I am sure most practitioners have been in this the muscle due to chemical or physical trauma. This motor
situation at one point or another. muscle inhibition can be cause by three different factors:
It was this type of frustration that made me seek out a system nociception, pain and arthrogenous changes.
that would be time efficient and allow me to accurately diag-
nosis dysfunction in my patients. This is when I came across WHY INHIBITION MATTERS
Exstore, a comprehensive assessment system developed by Dr. Portenoy (1994) described nociception as the neural processes
Anthony Lombardi, a chiropractor from Hamilton, Ontario. of encoding and processing noxious stimuli. It is the afferent
activity produced in the peripheral and central nervous sys-
HOW IT WORKS tem by stimuli that have the potential to damage tissue. Nijs
The biggest mistake made by practitioners in manual medi- (2012) concluded that chronic nociceptive stimuli result in
cine is spending too much time focusing on the area of pain, cortical relay of the motor output in humans, and a reduced
which may not be specifically localized to the area of pathol- activity of the painful muscle. Nociception-induced motor
ogy. Assessing the patient using the Exstore system allows inhibition might prevent effective motor retraining. In addi-
the practitioner to find the cause of the problem rather than tion, the sympathetic nervous system responds to chronic noci-
focus on where it hurts. ception with enhanced sympathetic activation. Not only motor
The assessment system employs two steps that thoroughly and sympathetic output pathways are affected by nociceptive
and accurately diagnose the cause of dysfunction in a net- input – afferent pathways (proprioception and somatosensory
work that is based on three major foundations of the skeletal processing) are influenced by tonic muscle nociception as well.
system: the vertebral column, the scapular girdle and the pel- Svensson (1996) studied people suffering from jaw pain
vic girdle. Hamill (2006) describes the girdles as foundations and concluded that sensory-motor interactions can be
of human movement. These girdles serve as attachment sites explained by a facilitatory effect of activity in nociceptive
for muscles and are constantly adapting to movements of the muscle afferents on inhibitory brain-stem interneurons dur-
upper and lower extremities. ing agonist action.Thus, generated movements have smaller
The first step is palpation. It is key to understand and amplitudes and they are slower which most likely represents a
recognize how tissues feel. Devor (1999) states that fibrous functional adaptation to experimental jaw muscle pain.
tissues form palpable, taut muscle bands and trigger points; Finally, studies have shown the presence of arthrogenous
such muscle dysfunction and spasm lead to compression of muscle inhibition. Sedory (2007) found arthrogenic inhibi-
blood vessels, and decreased blood flow, leading to increased tion of the hamstrings muscles bilaterally and facilitation of
“
therapists who use acupuncture and myofascial release as part
I rememb
offers practical insight and
Massage Therapist Practice I decided
working with other practitioners,
experience for the practitioner to
sources of income or preparing to contin
wishing to generate secondary is painted
A comprehensive picture
retire and sell her/his practice. future I had str
past, present challenges and
of their treatments.
of the massage profession’s for the
chapter is included particularly
opportunities, and an entire year in a
entry-level practitioner.
a practic
of government policy, insurance
• Analyze the implications a busine
gatekeeper disciplines,
compensation,economic health, and
exploiters and profiteers,
public and media perception, provided
on the viability of massage
the intrinsic politico-culture
therapy practice. I needed
should look for
• Where massage practitioners practice
INJURY PREVENTION
opportunities in the new economy.
convictions that doom busy. I l
• Common (often disastrous!)
massage business relationships. busines
in operating a massage business.
• Financial facts and fictions I believ
- the primary (and unidentified)
• The elephant in the room
financial terms. running
source of tension in negotiating
Exstore is useful not only in helping elite athletes but also can therapy business.
• Valuating your business.
• 12 practice development
practitioners.
essays for entry-level
To view the sources used for this article, please visit Current Issue
at www.massagetherapycanada.com.
PR AC TI CE
• RMT Working Relationships – common
ember clearly the moment ED problems and effective solutions
ded I must succeed if I was START • SUSTAIN • SUCCE
ntinue practicing bodywork.
struggled for more than a
n a new city trying to build
• Improve Your Lot in • Hands-On Work is Tough! Generate other
PRACTICE
Practice
ctice. My initial tenure with
siness-savvy chiropractor
• Past, Present and Prophecy
for the Massage Profession
sources of income
ded the opportunity • RMT Working
Relationships . . .
ded to jumpstart my . . . Make Them Work!
• Planning to Retire? Sell your practice
START • SUSTAIN • SUCCEED
MassageTherapistPractice.com
Charting Skills for Massage
Guide for Massage Therapists
$39.95 CDN Better Business Agreements:
Dillon
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