BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1822|
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THIRD READING
Bill No: AB 1822
Author: Swanson (D)
Amended: 6/23/10 in Senate
Vote: 21
SENATE BUSINESS, PROF.& ECON. DEV. COMMITTEE : 5-1, 6/28/10
AYES: Calderon, Corbett, Correa, Florez, Yee
NOES: Aanestad
NO VOTE RECORDED: Negrete McLeod, Wyland, Walters
ASSEMBLY FLOOR : 59-14, 6/2/10 - See last page for vote
SUBJECT : Massage therapy
SOURCE : California Police Chiefs Association
DIGEST : This bill increases the membership of the
Massage Therapy Organizations (MTO) by two members by
adding one member selected by the California Police Chiefs
Association and one member from the California State
Sheriffs Association. Authorizes the MTO to define the
term "unprofessional conduct" and defines the term
"professional services" as it relates to certified massage
therapists and practitioners. Authorizes a city, county,
or city and county to investigate massage establishments
who may have ownership by persons other than those
certified by the MTO. Provides for the suspension or
revocation of a certificate granted by the MTO if it is
found that the certified massage therapist or practitioner
failed to be responsible for the conduct of their employees
CONTINUED
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or independent contractors.
ANALYSIS :
Existing law
1. Provides for the voluntary certification of massage
practitioners and massage therapists by a nonprofit MTO
until January 1, 2016.
2. Provides that the MTO is governed by a board of
directors comprised as follows:
A. One member selected by a statewide association of
private postsecondary schools, as specified, 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.
3. Requires applicants for certification to be 18 years of
age or older, meet specified educational criteria,
provide fingerprints for submission by the MTO to DOJ
for state and federal criminal background checks, and
pay required fees prior to certification.
This bill:
1. Adds one member selected by the California Police Chiefs
Association and one member selected by the California
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State Sheriffs' Association to the MTO Board and
specifies that no more than two law enforcement
professionals may serve on the Board at any given time.
2. Provides that the MTO may adopt a definition of
"unprofessional conduct" by resolution at a duly noticed
public hearing.
3. Provides that the MTO may require, for purposes of
granting a massage practitioner certificate,
documentation evidencing that they meet the education
and experience requirements as specified and after
reviewing the information, or upon the request of a
local law enforcement agency, may require additional
information necessary to enable it to determine whether
to issue a certificate.
4. Defines the term "professional services" as related to
the requirements (ordinances for land use and zoning or
local building coed or physical facility requirements)
that must be uniformly applied by a city, county, or
city and county to certified massage therapists who are
operating a massage establishment as to all other
businesses providing "professional services."
"Professional services" means any type of professional
services that may be lawfully rendered only pursuant to
a license, certification, or registration authorized by
the Business and Professions Code, the Chiropractic Act,
or the Osteopathic Act.
5. Provides that nothing in the Act precludes a city,
county, or city and county from requiring a background
check, as specified, of an owner or operator of a
massage establishment who is not certified pursuant to
this Act.
6. Provides that failure by a certified massage therapist
owner or operator of a massage establishment to comply
with the requirement that they be responsible for the
conduct of all employees or independent contractors,
shall result in suspension or revocation of the owner or
operator's certificate, as specified.
7. Provides other technical and clarifying changes to the
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Act.
Background
The Practice of Massage Therapy in California . Massage has
grown into the third most requested Complementary and
Alternative Practice; only chiropractic and relaxation
techniques are more popular, according to the American
Massage Therapy Association, California Chapter (AMTA-CA).
Massage is used for managing stress, enhancing
self-awareness, maintaining health, increasing athletic
performance, rehabilitating from injuries, and as an
adjunct to medical treatment for a wide variety of
conditions.
Estimates based on surveys, professional affiliations, and
liability insurance show that up to 25,000 massage
therapists are currently practicing in California. Exact
numbers are hard to pinpoint given the high turnover rate
of the profession. Some massage therapists are independent
practitioners while a large number of others are employees
of spas and chiropractors.
According to the AMTA-CA, 220 schools in California are now
approved to offer instruction in massage, with programs
ranging from 100 hours to 1,000 hours. In addition to the
large number of proprietary schools approved by the Bureau
of Private Post-Secondary and Vocational Education or
nationally accredited, massage as a vocation is now taught
in cosmetology schools, trade schools, and several
community colleges.
Titles used in California by the massage profession
include: massage therapist, massage practitioner,
certified massage therapist, massage technician,
bodyworker, masseur, masseuse, myotherapist, Nationally
Certified in Therapeutic Massage and Bodywork. Where no
local regulations exist, any title can be used.
The National Certification Board for Therapeutic Massage
and Bodywork (NCBTMB) certifies massage therapists and
bodyworkers on behalf of the profession. NCBTMB developed
and administers the National Certification Examination for
Therapeutic Massage and Bodywork. There is also a
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nationally recognized certification exam for practitioners
for certification in Asian bodywork therapies. This is
administered by the National Certification Commission for
Acupuncture and Oriental Medicine.
According to the AMTA-CA, consumers do not know the
difference between a purchased certification and a
certification that requires a specific amount of training.
Different jurisdictions have different standards which
would indicate that there is no local government agreement
about what standards are necessary and sufficient.
Current Law and Regulation in California Cities and
Counties . AB 3325
(McAllister), Chapter 1352, Statutes of 1976, enacted the
existing local authority to regulate the business of
massage. In analyses of that bill, it is stated that the
purpose of the bill is to clearly state that local
governments have the authority to regulate the operation of
massage businesses through licensing procedures if they so
desire.
Current law allows cities and counties to condition the
issuance of a massage license upon proof that the massage
personnel and the owners or operator of such businesses
have not been convicted of certain sex-related crimes. It
was argued by some that this legislation was enacted to
deal in part with the adult-oriented sex business, but in
doing so, legitimate massage businesses are subject to
local ordinances that inappropriately and oppressively
regulate them as "adult entertainment." Some examples are
restrictive zoning, excessive fees, VD tests, required
showers and separate restrooms, and prohibited home visits.
Because local jurisdictions control the regulation of
massage, local ordinances can be vastly different.
The perception of massage as a vice has resulted in many
cities requiring expensive conditional use permits.
Restricting massage businesses from opening within 1,000
feet of schools, churches, or residences has effectively
zoned massage out of many small cities. Proponents of
state regulation also argue that local regulation treats
professionals and "massage parlors" alike and that
consumers have a problem knowing how to distinguish
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legitimate massage practitioners from "massage parlors."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/2/10)
California Police Chiefs Association (source)
California District Attorneys Association
OPPOSITION : (Verified 7/2/10)
Associated Bodywork and Massage Professionals
California Massage Therapy Council
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Bill Berryhill,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Galgiani, Gilmore, Hall, Harkey, Hill, Huber, Huffman,
Jones, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava,
Niello, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Smyth, Solorio, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
NOES: Adams, Anderson, Blakeslee, DeVore, Gaines, Garrick,
Hayashi, Jeffries, Knight, Logue, Nestande, Nielsen,
Norby, Silva
NO VOTE RECORDED: Tom Berryhill, Hagman, Hernandez, Lieu,
Miller, Audra Strickland, Vacancy
JJA:do 7/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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