BILL NUMBER: AB 1822 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2010
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, 4602, 4602.5, 4603,
4604, and 4612 of the Business and Professions Code, relating to
An act to amend Section 4600.5 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
that is 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.
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 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 Chancellor's Office of the
California Community College Chancellor's Office
Colleges , 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) The organization's bylaws
shall establish a process for appointing other professional directors
as determined by the board.
(2)
(3) 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). All matter
omitted in this version of the bill appears in the bill as amended in
the Senate June 23, 2010. (JR11)