BILL NUMBER: AB 1822	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 11, 2010

    An act to amend Sections 4600.5 and 4612 of, and to add
Section 4612.5 to, the   An act to amend Sections
4600.5, 4602, 4602.5, 4603, 4604, and 4612 of the  Business and
Professions Code, relating to massage therapy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1822, as amended, 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 governed by a
board of directors, and imposes certain duties on that organization.
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 exempts from certain local
regulations sole proprietorships, as defined, and massage
establishments or businesses that only employ persons who are
certified. 
   This bill would add 2 members to the board of directors of the
Massage Therapy Organization who would be selected by specified peace
officer associations  , and would limit the number of law
enforcement professionals that may serve on the board of directors
 . The bill would also clarify that a city, county, or city and
county is authorized to require  any person who administers
massage for compensation, or who owns a massage establishment or
business, to also hold a business license or massage establishment
permit or both   a specified background check of any
owner or operator of a massage establishment who is not certified to
practice massage by the organization  . 
   Existing law provides that the organization is authorized to take
any reasonable actions to carry out the responsibilities set forth in
the massage therapy provisions, including, but not limited to,
issuing certificates to practice massage and disciplining certificate
holders for unprofessional conduct.  
   This bill would authorize the organization to establish a
definition of "unprofessional conduct" for purposes of discipline, as
specified.  
   Existing law requires the organization to provide specified
information concerning certificate holders upon request of local law
enforcement or governmental agencies.  
   This bill would also require the organization to provide that
information with respect to a certificate applicant.  
   This bill would make other technical and conforming changes. 

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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. 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  
   (F) One member selected by the California Police Chiefs
Association, unless that entity chooses not to exercise this right of
selection.  
   (G) One member selected by the California State Sheriffs'
Association, unless that entity chooses not to exercise this right of
selection.  
   (2) No more than two law enforcement professionals may serve on
the board at any given time and those members may only be selected by
the organizations specified in subparagraphs (F) and (G) of
paragraph (1). 
    (3)     The  organization's bylaws
shall establish a process for appointing other professional directors
as determined by the board. 
   (2) 
    (4)  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. 2.    Section 4602 of the   Business
and Professions Code   is amended to read: 
   4602.  (a) The organization may discipline a certificate holder by
any, or a combination, of the following methods:
   (1) Placing the certificate holder on probation.
   (2) Suspending the certificate and the rights conferred by this
chapter on a certificate holder for a period not to exceed one year.
   (3) Revoking the certificate.
   (4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
   (5) Taking other action as the organization, as authorized by this
chapter or its bylaws, deems proper.
   (b) The organization may issue an initial certificate on
probation, with specific terms and conditions, to any applicant.
   (c) (1) Notwithstanding any other provision of law, if the
organization receives notice that a certificate holder has been
arrested and charges have been filed by the appropriate prosecuting
agency against the certificate holder alleging a violation of
subdivision (b) of Section 647 of the Penal Code or any other offense
described in  paragraph (8) of  subdivision  (h)
  (a)  of Section 4603, the organization shall take
all of the following actions:
   (A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
   (B) Notify the certificate holder within 10 days at the address
last filed with the organization that the certificate has been
suspended, and the reason for the suspension.
   (C) Notify any business within 10 days that the organization has
in its records as employing the certificate holder that the
certificate has been suspended.
   (2) Upon notice to the organization that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The
organization shall provide notice to the certificate holder within 10
days that it has evidence of a valid record of conviction and that
the certificate will be revoked unless the certificate holder
provides evidence within 15 days that the conviction is either
invalid or that the information is otherwise erroneous.
   (3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
   SEC. 3.    Section 4602.5 of the   Business
and Professions Code   is amended to read: 
   4602.5.  (a) Upon the request of any law enforcement agency or any
other representative of a local government agency with
responsibility for regulating, or administering a local ordinance
relating to, massage or massage businesses, the organization shall
provide information concerning a  certificate applicant or 
certificate holder, including, but not limited to, the current status
of the  application or  certificate, any history of
disciplinary actions taken against the  certificate applicant or
 certificate holder, the home and work addresses of the 
certificate applicant or  certificate holder, and any other
information in the organization's possession that is necessary to
verify facts relevant to administering the local ordinance.
   (b) The organization shall accept information provided by any law
enforcement agency or any other representative of a local government
agency with responsibility for regulating, or administering a local
ordinance relating to, massage or massage businesses. The
organization shall have the responsibility to review any information
received and to take any actions authorized by this chapter that are
warranted by that information.
   SEC. 4.    Section 4603 of the   Business
and Professions Code   is amended to read: 
   4603.   (a)    It is a violation of this chapter
for a certificate holder to commit, and the organization may deny an
application for a certificate or discipline a certificate holder
for, any of the following: 
   (a) 
    (1)  Unprofessional conduct, including, but not limited
to, denial of licensure, revocation, suspension, restriction, or any
other disciplinary action against a certificate holder by another
state or territory of the United States, by any other government
agency, or by another California health care professional licensing
board. A certified copy of the decision, order, or judgment shall be
conclusive evidence of these actions. 
   (b) 
    (2)    Procuring a certificate by fraud,
misrepresentation, or mistake. 
   (c) 
    (3)    Violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation of,
or conspiring to violate, any provision or term of this chapter or
any rule or bylaw adopted by the organization. 
   (d) 
    (4)    Conviction of any felony, or conviction
of a misdemeanor that is substantially related to the qualifications
or duties of a certificate holder, in which event the record of the
conviction shall be conclusive evidence of the crime. 
   (e) 
    (5)    Impersonating an applicant or acting as
a proxy for an applicant in any examination referred to under this
chapter for the issuance of a certificate. 
   (f) 
    (6)    Impersonating a certified practitioner
or therapist, or permitting or allowing an uncertified person to use
a certificate. 
   (g) 
    (7)    Committing any fraudulent, dishonest, or
corrupt act that is substantially related to the qualifications or
duties of a certificate holder. 
   (h) 
    (8)    Committing any act punishable as a
sexually related crime. 
   (b) For purposes of paragraph (1) of subdivision (a), the
organization may adopt a definition of "unprofessional conduct" by
resolution at a duly noticed public hearing. 
   SEC. 5.    Section 4604 of the   Business
and Professions Code   is amended to read: 
   4604.  (a) Notwithstanding Section 4601, the organization may
grant a massage practitioner certificate to any person who applies on
or before January 1, 2012, with one of the following:
   (1) A current valid massage permit or license from a California
city, county, or city and county and documentation evidencing that
the person has completed at least a 100-hour course in massage at a
state-approved or registered school, or out-of-state school
recognized by the organization as providing comparable education, has
been practicing for at least three years, and has provided at least
1,000 hours of massage to members of the public for compensation.
   (2) Documentation evidencing that the person has completed at
least a 100-hour course in massage at a state-approved or registered
school, or out-of-state school recognized by the organization as
providing comparable education, has been practicing for at least
three years, and has provided at least 1,750 hours of massage to
members of the public for compensation. For purposes of this
subdivision, evidence of practice shall include either of the
following:
   (A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
   (B) Tax returns indicating self-employment as a massage
practitioner or massage therapist or any other title that may
demonstrate experience in the field of massage.
   (3) Documentation evidencing that the person holds a current valid
certificate of authorization as an instructor at an approved massage
school, or holds the position of a massage instructor at a school
accredited by an agency recognized by the United States Department of
Education, or colleges and universities of the state higher
education system, as defined in Section 100850 of the Education Code.

   (b) (1) After reviewing the information submitted under
subdivision (a)  or upon the request of a local law enforcement
agency  , the organization may require additional information
necessary to enable it to determine whether to issue a certificate.
   (2) If an applicant under paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (c) has not complied with Section
4601.3, or its equivalent, when obtaining a license or permit from
the city, county, or city and county, the organization shall require
the applicant to comply with Section 4601.3 prior to issuing a
certificate pursuant to this section.
   (c) (1) A person applying for a massage practitioner certificate
on or before January 1, 2012, who meets the educational requirements
of either paragraph (1) or (2) of subdivision (a), but who has not
completed the required number of practice hours prior to submitting
an application pursuant to this section, may apply for a conditional
certificate.
   (2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 250 hours of education, which may
include massage education hours previously completed in a massage
course described in either paragraph (1) or (2) of subdivision (a).
   (3) Upon successful completion of the requirements of this
subdivision, the organization shall issue a certificate to the person
that is not conditional.
   (4) The organization shall immediately revoke the conditional
certificate issued to any person pursuant to this subdivision if the
time period specified in paragraph (2) expires without proof of
completion of the requirements having been filed with the
organization.
   (5) Any additional education required by this section may be
completed through courses provided by any of the following:
   (A) An approved school.
   (B) A registered school.
   (C) A provider approved by, or registered with, the organization
or the Department of Consumer Affairs.
   (D) A provider that establishes to the satisfaction of the
organization that its course or courses are appropriate educational
programs for this purpose.
   (d) Nothing in this section shall preclude the organization from
exercising any power or authority conferred by this chapter with
respect to a conditional certificate holder.
   SEC. 6.    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, 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. 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.
   (3) Except as provided in subdivision (b), 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 massage
establishments  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 
 massage establishment  where the owner is the only person
employed by that  business   massage
establishment  to provide massage services.
   (2) (A) Any 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.
   (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  business   massage establishment
 described in paragraph (1) to file copies or provide other
evidence of the certificates held by the persons who are providing
massage services at the  business   massage
establishment  .
   (3) A city, county, or city and county may charge a massage
 business or  establishment 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  all  other 
businesses providing  professional  or personal
 services  businesses  , as defined in
subdivision (a) of Section 13401 of the Corporations Code, or
personal services  .
   (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  all  other 
businesses providing  professional  or personal service
businesses   services, as defined in subdivision (a) of
Section 13401 of the Corporations Code, or personal services  ,
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   establishment  .
   (6) 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) 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 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) shall be
responsible for the conduct of all employees or independent
contractors working on the premises of the  business
  establishment  .  Failure to comply with this
subdivision may result in suspension or revocation of the owner or
operator   's certificate in accordance with Section 4603.
 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  of the
establishment  .
   (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) 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 business to another person. 
   (e) Nothing in this chapter precludes a city, county, or city and
county from requiring a background check, as described in Section
4601.3, of an owner or operator of a massage establishment who is not
certified pursuant to this chapter.  
  SECTION 1.   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. 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.
   (F) One member selected by the California Police Chiefs
Association, unless that entity chooses not to exercise this right of
selection.
   (G) One member selected by the California State Sheriffs'
Association, unless that entity chooses not to exercise this right of
selection.
   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 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. 2.    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 Section
4612.5, 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 Section 4612.5. 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 Section 4612.5.
   (3) Except as provided in subdivision (b), 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 massage
establishments 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 massage services.
   (2) (A) Any 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.
   (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 business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
are providing massage services at the business or from requiring
compliance with Section 4612.5.
   (3) A city, county, or city and county may charge a massage
business or establishment 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) 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) 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 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) 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) 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 business to another person.  
  SEC. 3.    Section 4612.5 is added to the Business
and Professions Code, to read:
   4612.5.  Notwithstanding 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.