BILL NUMBER: SB 374	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Calderon

                        FEBRUARY 26, 2009

   An act to add Chapter 2.7 (commencing with Section 18900) to
Division 8 of the Business and Professions Code, relating to personal
trainers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 374, as amended, Calderon. Personal trainers.
   Existing law imposes requirements for a person to hold himself or
herself out as a member of a particular vocation or profession, but
does not impose those requirements with respect to personal trainers.

   This bill would provide that a person may not hold himself or
herself out as a personal trainer, as defined, unless he or she has a
bachelor's degree in either exercise science, kinesiology, fitness
science, or another closely related field, or is certified by a
national independent organization, as specified, or by an
organization accredited by  either  the Council for
Higher Education Accreditation  , the American National Standards
Institute, or by the United States Department of Education.
 The bill would also require a potential employer, other than an
individual, to verify that a person holding himself or herself out as
a personal trainer is so accredited or certified. The bill would
also require a person holding himself or herself out as a personal
trainer to renew and maintain his or her accreditation or
certification. Under the bill, a first failure to meet this
requirement would subject the person to a $500 administrative fine, a
second failure would be subject to a $750 fine, and a third failure
would be subject to a $1,000 fine and the person could no longer hold
himself or herself out as a personal trainer. These fines would be
collected by the Department of Consumer Affairs, and deposited into
the Consumer Affairs Fund within the State Treasury, and, upon
appropriation by the Legislature 50% of the fine money would be
transferred to the office of the district attorney for the county in
which the personal trainer resides.  
   This bill, upon appropriation therefor, would also require the
department to receive consumer complaints regarding personal trainers
and to forward a complaint to the district attorney for the county
in which the personal trainer resides. The bill would require the
district attorney to investigate the complaint, including determining
whether the person is accredited or certified as required, thereby
imposing a state-mandated local program. The bill would become
operative on January 1, 2012.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Chapter 2.7 (commencing with Section 18900) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 2.7.  PERSONAL TRAINERS


   18900.  (a) It shall be unlawful for any person to hold himself or
herself out as a, or use the title of, personal trainer, unless he
or she meets the requirements of paragraph (1) or (2).
   (1) The person has a bachelor's degree in exercise science,
kinesiology, fitness science, or another closely related field.
   (2) The person is certified under one of the following:
   (A) By a national independent organization whose certification
procedures for personal trainers have been approved by the National
Commission for Certifying Agencies (NCCA).
   (B) As a personal trainer by an organization accredited by either
the Council for Higher Education  Accreditation 
 Accreditation, the American National Standards Institute (ANSI),
 or by the United States Department of Education.
   (b) For purposes of this chapter, "to hold himself or herself out
as a, or use the title of, personal trainer" means to state or
advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is a personal trainer
   (c) (1) For purposes of this chapter, "personal trainer" means an
individual who has expertise in developing and implementing physical
fitness and training programs for individuals, and who provides those
services through either a direct financial relationship with an
individual or through an organization that is compensated for making
those services available.
   (2) The term "personal trainer" shall not include an individual
who only provides training in a particular discipline such as yoga,
pilates, or the use of a particular piece of equipment or device such
as a bicycle, that does not include providing advice or assistance
on other aspects of physical fitness and training, such as body
weight management, cardiovascular fitness, endurance, and overall
muscle and strength development. 
   (d) A person, in order to continue to hold himself or herself out
as a personal trainer, shall maintain his or her accreditation or
certification pursuant to subdivision (a) in good standing. 

   (e) Prior to hiring a personal trainer, a person, other than a
natural person, shall verify that the person holding himself or
herself out as a personal trainer is in compliance with subdivision
(a) of Section 18900.  
   18905.  A person who violates subdivision (d) of Section 18900
shall pay the following administrative fines to the department
pursuant to Section 18910:
   (a) Five hundred dollars ($500) for a first violation.
   (b) Seven hundred fifty dollars ($750) for a second violation.
   (c) One thousand dollars ($1,000) for a third violation, and the
person shall no longer hold himself or herself out as a personal
trainer.  
   18910.  Upon an appropriation by the Legislature therefor, the
Department of Consumer Affairs shall do the following:
   (a) Accept consumer complaints pertaining to personal trainers.
   (b) Refer these complaints to the district attorney for the county
in which the personal trainer resides. The district attorney shall
investigate these complaints.
   (c) Collect administrative fines pursuant to Section 18905 and
deposit the fine money in the Consumer Affairs Fund.
   (d) Upon appropriation by the Legislature, transfer 50 percent of
the fines collected pursuant to Section 18905 to the district
attorney for the county in which the fined personal trainer resides.
 
   18915.  This act shall become operative on January 1, 2012. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.