BILL NUMBER: AB 1822	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2010
	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 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 that is and governed by a
board of directors, and imposes certain duties on that organization.
   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
 .
   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 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.
   (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).  
   (2) 
    (3)  The organization's bylaws shall establish a process
for appointing other professional directors as determined by the
board. 
   (3) 
    (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 Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).