In 1917, the New York State Supreme Court found that a Christian Scientist had a constitutionally protected right to seek the health services of his or her belief choice and that the accused individual was not violating the state's Medical Practices Act of 1906. In order for such abridgment to take place, it must be shown that there is an overriding public safety issue. The public safety issues of reflexology and massage are not the same. The two public safety issues of massage practice are nudity and therapeutic claims.
Specific criteria exist when a legislative body considers regulation of a profession.
No alternative to licensing will protect the public. The profession is clearly different from those already licensed. The profession require specialized knowledge. The public will benefit from assurance from the state of initial and continuing competence. The public cannot be effectively protected in any other way.