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: 8/18/10 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 Organization by two members by adding one
member selected by the California Police Chiefs Association
and one member from the California State Sheriffs
Association.
Senate Floor Amendments of 8/18/10 delete all provisions
from the bill except for the portion that increases the
membership of the Massage Therapy Organization (MTO).
ANALYSIS :
Existing law
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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
State Sheriffs' Association to the MTO Board.
Background
The Practice of Massage Therapy in California . Massage has
grown into the third most requested Complementary and
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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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
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Local: No
SUPPORT : (Verified 8/20/10)
California Police Chiefs Association (source)
California Peace Officers Association
California District Attorneys Association
OPPOSITION : (Verified 8/20/10)
American Massage Therapy Association, California Chapter
Associated Bodywork and Massage Professionals
California Hotel and Lodging Association
California Massage Therapy Council
Chinese Chamber of Commerce of Los Angeles
East Bay Community Law Center
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is an important public safety bill that will add
two law enforcement members to the California Massage
Therapy Council in order to strengthen the fight against
organized crime's infiltration of the industry. The
composition of the board was well thought out when the
board was first established, but the times have changed and
we need law enforcement on the board to continue the
important negotiations and problem solving that this bill
has inspired. The author's office further state, the
massage industry is uniquely vulnerable to organized crime
and the already close working relationship that the board
has with law enforcement needs to be strengthened."
ARGUMENTS IN OPPOSITION : The California Chapter of the
American Massage Therapy Association states in opposition,
"AB 1822 in its current form is an affront to the massage
therapy profession in California. Massage professionals
have worked diligently to eradicate the nefarious actors
from their profession and are now making great progress
through the CAMTC. This move to require law enforcement
personnel on the board, coming after an attempt to
dismantle statewide certification, is inappropriate and
sets a problematic precedent for all professional boards in
California." They further state, "All other licensed and
certified professions in California self-regulate through
professional boards made up of experts in that field along
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with members of the public. This bill would be a serious
departure from that concept. Will law enforcement
appointees now be added to all professional boards in
California, just because an impostor posing as a
professional chooses to break the law?"
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 8/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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