BILL NUMBER: AB 1822 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Swanson
FEBRUARY 11, 2010
An act to amend Sections 4600.5, 4601, 4601.3, 4601.4, 4603.1,
4605, 4606, and 4612 of, to add Section 4600.1 to, and to add Chapter
10.5 (commencing with Section 4600.1) to Division 2 of, the Business
and Professions Code, and to add Section 647.15 to the Penal Code,
relating to massage therapy, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1822, as introduced, Swanson. Massage therapy.
Existing law, until January 1, 2016, provides for the voluntary
certification of massage practitioners and massage therapists by a
nonprofit Massage Therapy Organization, as defined, and imposes
certain duties on that organization. Existing law, until January 1,
2016, requires an applicant for certification to be 18 years of age
or older, to meet specified educational criteria, to provide
specified information to the organization, to provide fingerprints
for submission by the organization to the Department of Justice for
state and federal criminal background checks, and to pay the fees
required by the organization. Existing law requires the Department of
Justice to conduct a criminal background check on every applicant
and to provide to the organization fitness determinations and certain
other information regarding an applicant. Existing law, until
January 1, 2016, allows the organization to take certain disciplinary
action against certificate holders and requires the organization to
take certain action with regard to suspending or revoking a
certificate if the certificate holder has been arrested for, and
charged with, specified sex-related crimes. Existing law makes it an
unfair business practice for a person to state, advertise, or
represent that he or she is certified or licensed by a governmental
agency as a massage therapist or practitioner, or to make other false
representations, as specified. Existing law prohibits a city,
county, or city and county from enacting an ordinance that requires a
certificate holder to obtain any other license, permit, or other
authorization to engage in the practice of massage. Notwithstanding
that prohibition, existing law authorizes a city, county, or city and
county to adopt and enforce any local ordinance governing zoning,
business licensing, and reasonable health and safety requirements for
massage establishments or businesses. Existing law also exempts from
certain local regulations sole proprietorships, as defined, and
massage establishments or businesses that only employ persons who are
certified.
This bill would, until January 1, 2016, require any person who
administers massage for compensation to be certified by the nonprofit
Massage Therapy Organization or certified, registered, or licensed
by a city, county, or city and county. On and after January 1, 2016,
the bill would require any person who administers massage for
compensation to be certified, registered, or licensed by a city,
county, or city and county, which certification, registration, or
licensure would be administered and regulated by the city, county, or
city and county for a specified fee, thereby imposing a
state-mandated local program. The bill would also authorize a city,
county, or city and county to require any person who administers
massage or who owns a massage establishment or business to hold a
business license or massage establishment permit or both. The bill
would provide that a failure to comply with those provisions is a
misdemeanor. By creating a new crime, the bill would impose a
state-mandated local program.
This bill would also transfer specified duties from the Massage
Therapy Organization to local law enforcement agencies. The bill
would require an applicant for certification by the organization to
provide his or her fingerprints to the local law enforcement agency
in the city, county, or city and county in which the applicant will
be administering massage for submission to the Department of Justice
for the requisite state and federal criminal background checks. The
bill would require the Department of Justice to provide to the local
law enforcement agency the fitness determination regarding the
applicant, and would require the local law enforcement agency to
conduct a local investigation related to the fitness of the
applicant. By imposing additional duties on local law enforcement
agencies, the bill would impose a state-mandated local program. The
bill would require the Department of Justice and local law
enforcement agencies to charge a reasonable fee sufficient to cover
those costs. The bill would require the organization to establish a
standardized form for statewide use for purposes of the
fingerprinting requirements.
This bill would require local law enforcement agencies to approve
or disapprove applicants for certification by the organization, and
would prohibit the organization from providing certification upon
disapproval. The bill would allow an applicant to appeal a denial of
certification, and would provide a specified procedure for that
appeal. The bill would make it an unfair business practice for a
person to state, advertise, or represent that he or she is certified
by a governmental entity or the Massage Therapy Organization unless
that representation is true. The bill would make other conforming
changes, including to those provisions that exempted from certain
local regulations sole proprietorships and massage establishments or
businesses that only employ persons who are certified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to clarify existing
law with regard to the authority of a city, county, or city and
county to enforce local regulations in connection with massage
establishments and businesses. It is further the intent of the
Legislature to provide greater authority to local law enforcement
agencies in connection with the certification of persons who
administer massage for compensation, and to provide for the
continuation of local regulation upon the inoperative date of the
current regulatory scheme.
SEC. 2. Section 4600.1 is added to the Business and Professions
Code, to read:
4600.1. (a) Any person who administers massage for compensation
shall hold at least one of the following:
(1) A certificate issued pursuant to this chapter.
(2) A certificate, registration, or license to administer massage
issued by the city, county, or city and county in which the person
will be administering massage.
(b) Notwithstanding subdivision (a) or any other provision of this
chapter, any city, county, or city and county may require any person
who administers massage for compensation, or who owns a massage
establishment or business, to also hold a business license or a
massage establishment permit or both.
(c) Local law enforcement may enforce any local ordinance that
requires a certificate, registration, license, or permit as provided
in this section.
(d) Any person who administers massage for compensation and fails
to comply with the requirements specified in subdivision (a), or
fails to hold a business license or a massage establishment permit in
a jurisdiction that requires an additional license or permit
pursuant to subdivision (b), shall be guilty of a misdemeanor
pursuant to Section 647.15 of the Penal Code.
SEC. 3. Section 4600.5 of the Business and Professions Code is
amended to read:
4600.5. (a) A Massage Therapy Organization, as defined in
subdivision (e) of Section 4600, shall be created and shall have the
responsibilities and duties set forth in this chapter , subject
to the limitations imposed under Section 4601.3 . The
organization may take any reasonable actions to carry out the
responsibilities and duties set forth in this chapter, including, but
not limited to, hiring staff and entering into contracts.
(b) (1) The organization shall be governed by a board of directors
made up of two representatives selected by each professional
society, association, or other entity, whose membership is comprised
of massage therapists and that chooses to participate in the
organization. To qualify, a professional society, association, or
other entity shall have a dues-paying membership in California of at
least 1,000 individuals for the last three years, and shall have
bylaws that require its members to comply with a code of ethics. The
board of directors shall also include each of the following persons:
(A) One member selected by each statewide association of private
postsecondary schools incorporated on or before January 1, 2010,
whose member schools have together had at least 1,000 graduates in
each of the previous three years from massage therapy programs
meeting the approval standards set forth in subdivision (a) of
Section 4600, except from those qualifying associations that choose
not to exercise this right of selection.
(B) One member selected by the League of California Cities, unless
that entity chooses not to exercise this right of selection.
(C) One member selected by the California State Association of
Counties, unless that entity chooses not to exercise this right of
selection.
(D) One member selected by the Director of Consumer Affairs,
unless that entity chooses not to exercise this right of selection.
(E) One member appointed by the California Community College
Chancellor's Office, unless that entity chooses not to exercise this
right of selection. The person appointed, if any, shall not be part
of any massage therapy certificate or degree program.
The organization's bylaws shall establish a process for appointing
other professional directors as determined by the board.
(2) The initial board of directors shall establish the
organization, initiate the request for tax-exempt status from the
Internal Revenue Service, and solicit input from the massage
community concerning the operations of the organization. The initial
board of directors, in its discretion, may immediately undertake to
issue the certificates authorized by this chapter after adopting the
necessary bylaws or other rules, or may establish by adoption of
bylaws the permanent governing structure prior to issuing
certificates.
(c) The board of directors shall establish fees reasonably related
to the cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall be
established by the board of directors annually.
(d) The meetings of the organization shall be subject to the rules
of the Bagley-Keene Open Meetings Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4. Section 4601 of the Business and Professions Code is
amended to read:
4601. (a) The organization shall issue a certificate under this
chapter to an applicant who satisfies the requirements of this
chapter , subject to the limitations imposed under Section
4601.3 .
(b) (1) In order to obtain certification as a massage
practitioner, an applicant shall submit a written application and
provide the organization with satisfactory evidence that he or she
meets all of the following requirements:
(A) The applicant is 18 years of age or older.
(B) The applicant has successfully completed, at a single approved
school, curricula in massage and related subjects totaling a minimum
of 250 hours that incorporates appropriate school assessment of
student knowledge and skills. Included in the hours shall be
instruction addressing anatomy and physiology, contraindications,
health and hygiene, and business and ethics, with at least 100 hours
of the required minimum 250 hours devoted to these curriculum areas.
(C) All fees required by the organization have been paid.
(2) New certificates shall not be issued pursuant to this
subdivision after December 31, 2015. Certificates issued
pursuant to this section or subdivision (a) or (c) of Section 4604 on
or before December 31, 2015, shall, after December 31, 2015, be
renewed without any additional educational requirements, provided
that the certificate holder continues to be qualified pursuant to
this chapter.
(c) In order to obtain certification as a massage therapist, an
applicant shall submit a written application and provide the
organization with satisfactory evidence that he or she meets all of
the following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant satisfies at least one of the following
requirements:
(A) He or she has successfully completed the curricula in massage
and related subjects totaling a minimum of 500 hours. Of this 500
hours, a minimum of 250 hours shall be from approved schools. The
remaining 250 hours required may be secured either from approved or
registered schools, or from continuing education providers approved
by, or registered with, the organization or the Department of
Consumer Affairs. After December 31, 2015, applicants may
only satisfy the curricula in massage and related subjects from
approved schools.
(B) The applicant has passed a massage and bodywork competency
assessment examination that meets generally recognized psychometric
principles and standards, and that is approved by the board. The
successful completion of this examination may have been accomplished
before the date the organization is authorized by this chapter to
begin issuing certificates.
(3) All fees required by the organization have been paid.
(d) The organization shall issue a certificate to an applicant who
meets the other qualifications of this chapter and holds a current
and valid registration, certification, or license from any other
state whose licensure requirements meet or exceed those defined
within this chapter. The organization shall have discretion to give
credit for comparable academic work completed by an applicant in a
program outside of California.
(e) An applicant applying for a massage therapist or massage
practitioner certificate shall file with the organization a written
application provided by the organization, showing to the satisfaction
of the organization that he or she meets all of the requirements of
this chapter.
(f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the
organization, and shall expire unless renewed in that manner. The
organization may provide for the late renewal of a license
certificate .
(g) (1) The organization shall have the responsibility to
determine that the school or schools from which an applicant has
obtained the education required by this chapter meet the requirements
of this chapter. If the organization has any reason to question
whether or not the applicant received the education that is required
by this chapter from the school or schools that the applicant is
claiming, the organization shall investigate the facts to determine
that the applicant received the required education prior to issuing a
certificate.
(2) For purposes of paragraph (1) and any other provision of this
chapter for which the organization is authorized to receive factual
information as a condition of taking any action, the organization
shall have the authority to conduct oral interviews of the applicant
and others or to make any investigation deemed necessary to establish
that the information received is accurate and satisfies any criteria
established by this chapter.
SEC. 5. Section 4601.3 of the Business and Professions Code is
amended to read:
4601.3. (a) Prior to issuing a certificate to the applicant
or designating a custodian of records , the
organization shall require the applicant or the custodian of
records candidate to submit to the local law
enforcement agency, in the city, county, or city and county in which
the applicant will be administering massage, fingerprint images
in a form consistent with the requirements of this section. The
organization local law enforcement agency
shall submit the fingerprint images and related information to
the Department of Justice for the purpose of obtaining information as
to the existence and nature of a record of state and federal level
convictions and of state and federal level arrests for which the
Department of Justice establishes that the applicant or
candidate was released on bail or on his or her own
recognizance pending trial. Requests for federal level criminal
offender record information received by the Department of Justice
pursuant to this section shall be forwarded to the Federal Bureau of
Investigation by the Department of Justice. The Department of Justice
shall review the information returned from the Federal Bureau of
Investigation, and shall compile and disseminate a fitness
determination regarding the applicant or candidate
to the organization local law enforcement
agency .
(b) The Department of Justice shall provide information to the
organization local law enforcement agency
pursuant to subdivision (p) of Section 11105
of the Penal Code.
(c) The Department of Justice and the organization
local law enforcement agency shall charge a
reasonable fee sufficient to cover the cost of processing the
request for state and federal level criminal offender record
information and the cost of the local investigation conducted
under subdivision (e) .
(d) The organization local law enforcement
agency shall request subsequent arrest notification service
from the Department of Justice, as provided under Section 11105.2 of
the Penal Code, for all applicants for licensure or
custodian of records candidates certification
for whom fingerprint images and related information are submitted to
conduct a search for state and federal level criminal offender record
information.
(e) This section shall become operative September 1, 2009.
(e) In addition to the state and federal background checks
conducted by the Department of Justice, the local law enforcement
agency shall conduct a local investigation by compiling local arrest
records and other information related to the fitness of the
applicant.
(f) After conducting the background checks and investigation under
this section, the local law enforcement agency shall assess the
fitness of the applicant and make a determination as to whether a
certificate shall be issued to the applicant, subject also to
satisfactory qualification under Section 4601. If the local law
enforcement agency approves the applicant for certification, the
organization shall issue a certificate to the applicant, unless the
organization determines there are other grounds for disapproval, as
described in Section 4603. If the local law enforcement agency
disapproves the applicant for certification, the organization shall
not issue a certificate to that applicant, and the organization shall
ensure compliance with the procedures specified in Section 4603.1.
An applicant denied certification pursuant to this section may appeal
that denial pursuant to the procedures specified in Section 4603.1.
(g) As soon as practicable after enactment of the act adding this
subdivision, the organization shall establish a standardized form for
statewide use that describes the fingerprinting requirements imposed
under this section and what information shall be submitted by an
applicant to the local law enforcement agency, which shall include,
at a minimum, name, date of birth, social security number, driver's
license number, residence history, employment history, criminal
arrest, conviction, or abatement history, two passport quality
photographs, his or her live scan fingerprints, the specified local
law enforcement fee, and any other information the Department of
Justice needs to conduct criminal background checks. No local law
enforcement agency may require that an applicant use any other form
when submitting his or her fingerprints pursuant to subdivision (a),
unless the organization fails to comply with this subdivision.
(h) This section applies only to the certification process
established under this chapter. This section does not affect any
procedures established by a city, county, or city and county pursuant
to paragraph (2) of subdivision (a) of or subdivision (b) of Section
4600.1.
SEC. 6. Section 4601.4 of the Business and Professions Code is
amended to read:
4601.4. Organization directors, employees, or volunteer
individuals may undergo the a
background investigation process delineated in
pursuant to subdivision (p) of Section 4601.3
11105 of the Penal Code, at organizational ex
pense .
SEC. 7. Section 4603.1 of the Business and Professions Code is
amended to read:
4603.1. (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 4601.3
or 4603 except according to procedures satisfying the
requirements of this section. A denial or discipline not in accord
with this section or subdivision (c) of Section 4602 shall be void
and without effect.
(b) Any certificate applicant denial or certificate holder
discipline shall be done in good faith and in a fair and reasonable
manner. Any procedure that conforms to the requirements of
subdivision (c) is fair and reasonable, but a court may also find
other procedures to be fair and reasonable when the full
circumstances of the certificate denial or certificate holder
discipline are considered.
(c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 4602 are followed, or if all of the
following apply:
(1) The provisions of the procedure have been set forth in the
articles or bylaws , or and copies of
those provisions are sent annually to all the members as
required by the articles or bylaws certificate holders
.
(2) It provides the giving of 15 days prior notice of the
certificate denial or certificate holder discipline and the reasons
therefor.
(3) It provides an opportunity for the certificate applicant or
certificate holder to be heard, orally or in writing, not less than
five days before the effective date of the certificate denial or
certificate holder discipline by a person or body authorized to
decide that the proposed certificate denial or certificate holder
discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the organization's records.
(e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
(f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section.
(g) A certificate applicant or certificate holder who is denied or
disciplined shall be liable for any charges incurred, services or
benefits actually rendered, dues, assessments, or fees incurred
before the certificate denial or certificate holder discipline or
arising from contract or otherwise.
(h) The organization may only grant an appeal of the denial of a
certificate under Section 4601.3 if there is clear and convincing
evidence that the certificate applicant is not a threat to the public
health and safety.
SEC. 8. Section 4605 of the Business and Professions Code is
amended to read:
4605. (a) It is an unfair business practice
for any person to state or advertise or put out any sign or card or
other device, or to represent to the public through any print or
electronic media, that he or she is certified, registered, or
licensed by a governmental agency entity
as a massage therapist or massage practitioner unless that
representation is true pursuant to paragraph (2) of subdivision (a)
of Section 4600.1 .
(b) It is an unfair business practice for any person to state or
advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified by the organization as a massage therapist or
massage practitioner unless that representation is true pursuant to
paragraph (1) of subdivision (a) of Section 4600.1.
SEC. 9. Section 4606 of the Business and Professions Code is
amended to read:
4606. It is an unfair business practice for any person to hold
oneself out or use the title of "certified massage therapist" or
"certified massage practitioner" or any other term, such as
"licensed," "registered," or "CMT," that implies or suggests that the
person is certified as a massage therapist or practitioner without
meeting the requirements of Section 4600.1, 4601 ,
or 4604.
SEC. 10. Section 4612 of the Business and Professions Code is
amended to read:
4612. (a) (1) The holder of a certificate issued pursuant to
this chapter shall have the right to practice massage, consistent
with this chapter and the qualifications established by his or her
certification, in any city, county, or city and county in this state
and shall not be required to obtain any other license, permit, or
other authorization, except as provided in this section or
subdivision (b) of Section 4600.1 , to engage in that practice.
(2) Notwithstanding any other provision of law, a city, county, or
city and county shall not enact an ordinance that requires a
license, permit, or other authorization to practice massage by an
individual who is certified pursuant to this chapter and who is
practicing consistent with the qualifications established by his or
her certification , except as provided in subdivision (b) of
Section 4600.1 . No provision of any ordinance enacted by a
city, county, or city and county that is in effect before the
effective date of this chapter, and that requires a license, permit,
or other authorization to practice massage, may be enforced against
an individual who is certified pursuant to this chapter , except
as provided in subdivisions (b) and (c) of Section 4600.1 .
(3) Except as provided in subdivision (b), nothing
Nothing in this section shall be interpreted to
prevent a city, county, or city and county from adopting or enforcing
any local ordinance governing zoning, business licensing, and
reasonable health and safety requirements for massage establishments
or businesses. Subdivision (b) shall not apply to any
massage establishment or business that employs or uses persons to
provide massage services who are not certified pursuant to this
chapter.
(b) (1) This subdivision shall apply only to
every massage establishments
establishment or businesses that are sole
proprietorships, where the sole proprietor is certified pursuant to
this chapter, and to massage establishments or businesses that employ
or use only persons certified pursuant to this chapter to provide
massage services. For purposes of this subdivision, a sole
proprietorship is a business where the owner is the only person
employed by that business to provide business that
provides massage services.
(2) (A) Any Every massage
establishment or business described in paragraph (1)
shall maintain on its premises evidence for review by local
authorities that demonstrates that all persons providing massage
services are certified or licensed .
(B) Nothing in this section shall preclude a city, county, or city
and county from including in a local ordinance a provision that
requires a massage establishment or business
described in paragraph (1) to file copies or provide other
evidence of the certificates or licenses held by the
persons who are providing massage services at the massage
establishment or business.
(3) A city, county, or city and county may charge a massage
business or establishment or business a
business licensing fee sufficient to cover the costs of the business
licensing activities established by a local ordinance described in
this section.
(4) Nothing in this section shall prohibit a city, county, or city
and county from adopting land use and zoning requirements applicable
to massage establishments or businesses , provided that
these requirements shall be no different than the requirements that
are uniformly applied to other professional or personal services
businesses .
(5) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restroom, shower, or other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (A) require unlocked doors when there is no staff available to
assure security for clients and massage staff who are behind closed
doors, or (B) require windows that provide a view into massage rooms
that interfere with the privacy of clients of the massage business.
(6)
(5) A city, county, or city and county may
adopt reasonable health and safety requirements with respect to
massage establishments or businesses, including, but not limited to,
requirements for cleanliness of massage rooms, towels and linens, and
reasonable attire and personal hygiene requirements for persons
providing massage services, provided that nothing in this paragraph
shall be interpreted to authorize adoption of local ordinances that
impose additional qualifications, such as medical examinations
, background checks, or other criteria ,
upon any person certified pursuant to this chapter.
(7)
(6) Nothing in this section shall preclude a
city, county, or city and county from doing any of the following:
(A) Requiring an applicant for a business license to operate a
massage business or establishment or business
to fill out an application that requests the applicant to
provide relevant information.
(B) Making reasonable investigations into the information so
provided.
(C) Denying or restricting a business license if the applicant has
provided materially false information.
(c) An owner or operator of a massage business or
establishment subject to subdivision (b)
or business shall be responsible for the conduct of all
employees or independent contractors working on the premises of the
business. Nothing in this section shall preclude a local ordinance
from authorizing suspension, revocation, or other restriction of a
license or permit issued to a massage establishment or business if
violations of this chapter, or of the local ordinance, occur on the
business premises.
(d) Nothing in this section shall preclude a city, county, or
city and county from adopting a local ordinance that is applicable to
massage businesses or establishments
described in paragraph (1) of subdivision (b) or
businesses and that does either of the following:
(1) Provides
that duly authorized officials of the city, county, or city and
county have the right to conduct reasonable inspections, during
regular business hours, to ensure compliance with this chapter, the
local ordinance, or other applicable fire and health and safety
requirements.
(2) Requires an owner or operator to notify the city, county, or
city and county of any intention to rename, change management, or
convey the establishment or business to another person.
SEC. 11. Chapter 10.5 (commencing with Section 4600.1) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 10.5. MASSAGE THERAPISTS
4600.1. (a) Any person who administers massage for compensation
shall hold a certificate, registration, or license to administer
massage issued by the city, county, or city and county in which the
person will be administering massage, which certification,
registration, or licensure shall be administered and regulated by the
city, county, or city and county. Every city, county, or city and
county shall charge a reasonable fee sufficient to cover the cost of
processing the certificates, registrations, or licenses that are
required by this subdivision.
(b) Any person who holds a certificate issued by the former
Massage Therapy Organization and who administers massage for
compensation shall be required to comply with subdivision (a).
(c) A city, county, or city and county may require any person who
administers massage for compensation, or who owns a massage
establishment or business, to also hold a business license or a
massage establishment permit or both.
(d) Local law enforcement may enforce any local ordinance that
requires a certificate, registration, license, or permit as provided
in this section.
(e) Any person who administers massage for compensation and fails
to comply with the requirements specified in subdivision (a) or (b),
or fails to hold a business license or massage establishment permit
in a jurisdiction that requires an additional license or permit
pursuant to subdivision (c), shall be guilty of a misdemeanor
pursuant to Section 647.15 of the Penal Code.
4600.5. It is an unfair business practice for any person to state
or advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified, registered, or licensed by a governmental
entity as a massage therapist or massage practitioner unless that
representation is true pursuant to subdivision (a) of Section 4600.1.
4600.7. It is an unfair business practice for any person to hold
oneself out or use the title of "certified massage therapist" or
"certified massage practitioner" or any other term, such as
"licensed," "registered," or "CMT," that implies or suggests that the
person is certified as a massage therapist or practitioner without
meeting the requirements of Section 4600.1.
4600.9. This chapter shall become operative on January 1, 2016.
SEC. 12. Section 647.15 is added to the Penal Code, to read:
647.15. Any person who administers massage for compensation and
fails to comply with the requirements specified in Section 4600.1 of
the Business and Professions Code is guilty of a misdemeanor, which
is punishable by a fine of not more than ten thousand dollars
($10,000), by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 14. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure the public health and safety with regard to the
practice of massage, it is necessary that this act take effect
immediately.