BILL NUMBER: AB 619 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Halderman
FEBRUARY 16, 2011
An act to amend Section 18600 of the Business and
Professions Code, relating to professions and vocations.
An act to amend Sections 4600, 4600.5, 4601, 4601.2, 4601.3,
4601.4, 4602, 4602.5, 4603, 4603.1, 4603.5, 4604, 4612,
and 4615 of, and to add Sections 4603.7 and 4616 to, the Business and
Professions Code, relating to massage therapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 619, as amended, Halderman. State Athletic Commission
Act. Massage therapy.
Existing law, until January 1, 2015, provides for the voluntary
certification of massage practitioners and massage therapists by a
nonprofit Massage Therapy Organization, as defined.
(1) Existing law requires the initial board of directors to, among
other things, establish the organization.
This bill would specify that the Massage Therapy Organization is
to be known as the California Massage Therapy Council, as defined.
(2) Existing law requires applicants for initial certification as
massage practitioners and massage therapists to pay a specified fee
and meet certain educational requirements, including the completion
of a certain number of hours from an approved school or pass a
specified examination.
This bill would require those hours to be completed from a
recognized school, as defined. The bill would require certificate
holders to include certain identifying information in advertisements.
(3) Under existing law, a certificate applicant or certificate
holder who is denied a certificate or disciplined shall be liable for
any charges incurred, services or benefits actually rendered, dues,
assessments, or fees incurred before the denial or discipline.
This bill would delete that provision and would instead authorize
the council to charge applicants and certificate holders a reasonable
fee as a condition of any hearing requested by the applicant or
certificate holder for the purpose of contesting denial of an
application or discipline of a certificate holder. The bill would
require the council to be sued only in the county of its principal
office.
The bill would make various conforming changes.
Existing law, the Boxing Act, also known as the State Athletic
Commission Act, creates the State Athletic Commission within the
Department of Consumer Affairs and regulates boxing, kickboxing, and
martial arts matches.
This bill would make a nonsubstantive change to a provision of the
Boxing Act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4600 of the Business
and Professions Code is amended to read:
4600. As used in this chapter, the following terms shall have the
following meanings:
(a) "Approved "Recognized school" or
"approved "recognized massage school"
means a facility that meets minimum standards for training and
curriculum in massage and related subjects and that is approved by
any of the following:
(1) The Bureau for Private Postsecondary and Vocational Education
pursuant to former Section 94739 of the Education Code prior to July
1, 2007, and as of the date on which an applicant met the
requirements of paragraph (2) of subdivision (b) or subparagraph (A)
of paragraph (2) of subdivision (c) of Section 4601.
(2) The Department of Consumer Affairs.
(3) An institution accredited by the Accrediting Commission for
Senior Colleges and Universities or the Accrediting Commission for
Community and Junior Colleges of the Western Association of Schools
and Colleges and that is one of the following:
(A) A public institution.
(B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
and that is not managed by any entity for profit.
(C) A for-profit institution.
(D) An institution that does not meet all of the criteria in
subparagraph (B) that is incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
that has been in continuous operation since April 15, 1997, and that
is not managed by any entity for profit.
(4) A college or university of the state higher education system,
as defined in Section 100850 of the Education Code.
(5) A school of equal or greater training that is
approved recognized by the corresponding agency
in another state or accredited by an agency recognized by the United
States Department of Education.
(b) "Compensation" means the payment, loan, advance, donation,
contribution, deposit, or gift of money or anything of value.
(c) "Massage therapist," "bodyworker," "bodywork therapist," or
"massage and bodywork therapist" means a person who is certified by
the Massage Therapy Organization California
Massage Therapy Council under subdivision (c) of Section 4601
and who administers massage for compensation.
(d) "Massage practitioner," "bodywork practitioner," or "massage
and bodywork practitioner" means a person who is certified by the
Massage Therapy Organization California
Massage Therapy Council under subdivision (b) of Section 4601
and who administers massage for compensation.
(e) "Organization"
(e) "Council" means the
Massage Therapy Organization California Massage
Therapy Council created pursuant to this chapter, which shall
be a nonprofit organization exempt from taxation under Section 501(c)
(3) of Title 26 of the United States Code. The organization
council may commence activities as authorized by
this section once it has submitted a request to the Internal Revenue
Service seeking this exemption.
(f) "Registered school" means a facility that meets minimum
standards for training and curriculum in massage and related subjects
and that either was recognized by the Bureau for Private
Postsecondary and Vocational Education pursuant to Section 94931 of
the Education Code prior to July 1, 2007, and as of the date on which
an applicant met the requirements of paragraph (2) of subdivision
(b) or subparagraph (A) of paragraph (2) of subdivision (c) of
Section 4601, or is recognized by the Department of Consumer Affairs,
by an institution accredited by the senior commission or the junior
commission of the Western Association of Schools and Colleges as
defined in paragraph (2) of subdivision (a) of Section 4600, by a
college or university of the state higher education system as defined
in Section 100850 of the Education Code, or by a school of equal or
greater training that is approved by the corresponding agency in
another state.
(g) For purposes of this chapter, the terms "massage" and
"bodywork" shall have the same meaning.
SEC. 2. Section 4600.5 of the Business
and Professions Code is amended to read:
4600.5. (a) A Massage Therapy Organization,
The California Massage Therapy Council, 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 council 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 council
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
council . 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 California Community College
Chancellor's Office, 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 organization's council's bylaws
shall establish a process for appointing other professional directors
as determined by the board.
(2) The initial board of directors shall establish the
organization council , 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 council . 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
council 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).
SEC. 3. Section 4601 of the Business
and Professions Code is amended to read:
4601. (a) The organization council
shall issue a certificate under this chapter to an applicant who
satisfies the requirements of this chapter.
(b) (1) In order to obtain certification as a massage
practitioner, an applicant shall submit a written application and
provide the organization with satisfactory evidence that he or she
meets all of the following requirements:
(A) The applicant is 18 years of age or older.
(B) The applicant has successfully completed, at a single approved
school, curricula in massage and related subjects totaling a minimum
of 250 hours that incorporates appropriate school assessment of
student knowledge and skills. Included in the hours shall be
instruction addressing anatomy and physiology, contraindications,
health and hygiene, and business and ethics, with at least 100 hours
of the required minimum 250 hours devoted to these curriculum areas.
(C) All fees required by the organization have been paid.
(2) New certificates shall not be issued pursuant to this
subdivision after December 31, 2015. Certificates issued pursuant to
this section or subdivision (a) or (c) of Section 4604 on or before
December 31, 2015, shall, after December 31, 2015, be renewed without
any additional educational requirements, provided that the
certificate holder continues to be qualified pursuant to this
chapter.
(c) In order to obtain certification as a massage therapist, an
applicant shall submit a written application and provide the
organization council with satisfactory evidence
that he or she meets all of the following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant satisfies at least one of the following
requirements:
(A) He or she has successfully completed the curricula in massage
and related subjects totaling a minimum of 500 hours. Of this 500
hours, a minimum of 250 hours shall be from approved
recognized schools. The remaining 250 hours
required may be secured either from approved
recognized or registered schools, or from continuing education
providers approved recognized by, or
registered with, the organization council
or the Department of Consumer Affairs. After December 31, 2015,
applicants may only satisfy the curricula in massage and related
subjects from approved recognized
schools.
(B) The applicant has passed a massage and bodywork competency
assessment examination that meets generally recognized psychometric
principles and standards, and that is approved by the board. The
successful completion of this examination may have been accomplished
before the date the organization council
is authorized by this chapter to begin issuing certificates.
(3) All fees required by the organization
council have been paid.
(d) The organization council shall
issue a certificate to an applicant who meets the other
qualifications of this chapter and holds a current and valid
registration, certification, or license from any other state whose
licensure requirements meet or exceed those defined within this
chapter. The organization council shall
have discretion to give credit for comparable academic work
completed by an applicant in a program outside of California.
(e) An applicant applying for a massage therapist or
massage practitioner certificate shall file with the
organization council a written
application provided by the organization
council , showing to the satisfaction of the
organization council that he or she meets all of
the requirements of this chapter.
(f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the
organization council , and shall expire unless
renewed in that manner. The organization
council may provide for the late renewal of a license.
(g) (1) The organization shall have the responsibility to
determine that the school or schools from which an applicant has
obtained the education required by this chapter meet the requirements
of this chapter. If the organization has any reason to question
whether or not the applicant received the education that is required
by this chapter from the school or schools that the applicant is
claiming, the organization shall investigate the facts to determine
that the applicant received the required education prior to issuing a
certificate.
(2) For purposes of paragraph (1) and any other provision of this
chapter for which the organization council
is authorized to receive factual information as a condition of
taking any action, the organization council
shall have the authority to conduct oral interviews of the
applicant and others or to make any investigation deemed necessary to
establish that the information received is accurate and satisfies
any criteria established by this chapter.
SEC. 4. Section 4601.2 of the Business
and Professions Code is amended to read:
4601.2. No certificates shall be issued by the
organization council pursuant to this chapter
prior to September 1, 2009.
SEC. 5. Section 4601.3 of the Business
and Professions Code is amended to read:
4601.3. (a) Prior to issuing a certificate to the applicant or
designating a custodian of records, the organization
council shall require the applicant or the
custodian of records candidate to submit fingerprint images in a form
consistent with the requirements of this section. The
organization council shall submit the fingerprint
images and related information to the Department of Justice for the
purpose of obtaining information as to the existence and nature of a
record of state and federal level convictions and of state and
federal level arrests for which the Department of Justice establishes
that the applicant or candidate was released on bail or on his or
her own recognizance pending trial. Requests for federal level
criminal offender record information received by the Department of
Justice pursuant to this section shall be forwarded to the Federal
Bureau of Investigation by the Department of Justice. The Department
of Justice shall review the information returned from the Federal
Bureau of Investigation, and shall compile and disseminate a fitness
determination regarding the applicant or candidate to the
organization council .
(b) The Department of Justice shall provide information to the
organization council pursuant to
subdivision (p) of Section 11105 of the Penal Code.
(c) The Department of Justice and the organization
council shall charge a fee sufficient to cover
the cost of processing the request for state and federal level
criminal offender record information.
(d) The organization council shall
request subsequent arrest notification service from the Department of
Justice, as provided under Section 11105.2 of the Penal Code, for
all applicants for licensure or custodian of records candidates for
whom fingerprint images and related information are submitted to
conduct a search for state and federal level criminal offender record
information.
(e) This section shall become operative September 1, 2009.
SEC. 6. Section 4601.4 of the Business
and Professions Code is amended to read:
4601.4. Organization Council
directors, employees, or volunteer individuals may undergo the
background investigation process delineated in Section 4601.3.
SEC. 7. Section 4602 of the Business and
Professions Code is amended to read:
4602. (a) The organization council
may discipline a certificate holder by any, or a combination, of the
following methods:
(1) Placing the certificate holder on probation.
(2) Suspending the certificate and the rights conferred by this
chapter on a certificate holder for a period not to exceed one year.
(3) Revoking the certificate.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the organization
council , as authorized by this chapter or its bylaws,
deems proper.
(b) The organization council may
issue an initial certificate on probation, with specific terms and
conditions, to any applicant.
(c) (1) Notwithstanding any other provision of law, if the
organization council receives notice
that a certificate holder has been arrested and charges have been
filed by the appropriate prosecuting agency against the certificate
holder alleging a violation of subdivision (b) of Section 647 of the
Penal Code or any other offense described in subdivision (h) of
Section 4603, the organization council
shall take all of the following actions:
(A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
(B) Notify the certificate holder within 10 days at the address
last filed with the organization council
that the certificate has been suspended, and the reason for the
suspension.
(C) Notify any business within 10 days that the
organization council has in its records as
employing the certificate holder that the certificate has been
suspended.
(2) Upon notice to the organization
council that the charges described in paragraph (1) have
resulted in a conviction, the suspended certificate shall become
subject to permanent revocation. The organization
council shall provide notice to the certificate holder
within 10 days that it has evidence of a valid record of conviction
and that the certificate will be revoked unless the certificate
holder provides evidence within 15 days that the conviction is either
invalid or that the information is otherwise erroneous.
(3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
SEC. 8. Section 4602.5 of the Business
and Professions Code is amended to read:
4602.5. (a) Upon the request of any law enforcement agency or any
other representative of a local government agency with
responsibility for regulating, or administering a local ordinance
relating to, massage or massage businesses, the organization
council shall provide information concerning a
certificate holder, including, but not limited to, the current status
of the certificate, any history of disciplinary actions taken
against the certificate holder, the home and work addresses of the
certificate holder, and any other information in the
organization's council's possession that is
necessary to verify facts relevant to administering the local
ordinance.
(b) The organization council shall
accept information provided by any law enforcement agency or any
other representative of a local government agency with responsibility
for regulating, or administering a local ordinance relating to,
massage or massage businesses. The organization
council shall have the responsibility to review any
information received and to take any actions authorized by this
chapter that are warranted by that information.
SEC. 9. Section 4603 of the Business
and Professions Code is amended to read:
4603. It is a violation of this chapter for a certificate holder
to commit, and the organization council
may deny an application for a certificate or discipline a
certificate holder for, any of the following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted
by the organization council .
(d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to the qualifications or duties of a
certificate holder, in which event the record of the conviction shall
be conclusive evidence of the crime.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for the
issuance of a certificate.
(f) Impersonating a certified practitioner or therapist, or
permitting or allowing an uncertified person to use a certificate.
(g) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
(h) Committing any act punishable as a sexually related crime.
SEC. 10. Section 4603.1 of the Business
and Professions Code is amended to read:
4603.1. (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 4603 except
according to procedures satisfying the requirements of this section.
A denial or discipline not in accord with this section or subdivision
(c) of Section 4602 shall be void and without effect.
(b) Any certificate applicant denial or certificate holder
discipline shall be done in good faith and in a fair and reasonable
manner. Any procedure that conforms to the requirements of
subdivision (c) is fair and reasonable, but a court may also find
other procedures to be fair and reasonable when the full
circumstances of the certificate denial or certificate holder
discipline are considered.
(c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 4602 are followed, or if all of the
following apply:
(1) The provisions of the procedure have been set forth in the
articles or bylaws, or copies of those provisions are sent annually
to all the members as required by the articles or bylaws.
(2) It provides the giving of 15 days prior notice of the
certificate denial or certificate holder discipline and the reasons
therefor.
(3) It provides an opportunity for the certificate applicant or
certificate holder to be heard, orally or in writing, not less than
five days before the effective date of the certificate denial or
certificate holder discipline by a person or body authorized to
decide that the proposed certificate denial or certificate holder
discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the organization's council's
records.
(e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
(f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section.
(g) A certificate applicant or certificate holder who is denied or
disciplined shall be liable for any charges incurred, services or
benefits actually rendered, dues, assessments, or fees incurred
before the certificate denial or certificate holder discipline or
arising from contract or otherwise.
(g) The council may charge applicants and certificate holders a
reasonable fee as a condition of any hearing requested by the
applicant or certificate holder for the purpose of contesting denial
of an application or discipline of a certificate holder. The council
shall be sued only in the county of its principal office.
SEC. 11. Section 4603.5 of the Business
and Professions Code is amended to read:
4603.5. It shall be the responsibility of any certificate holder
to notify the organization council of
his or her home address, as well as the address of any business
establishment where he or she regularly works as a massage therapist
or massage practitioner, whether as an employee or as an independent
contractor. A certificate holder shall notify the
organization council within 30 days of changing
either his or her home address or the address of the business
establishment where he or she regularly works as a massage therapist
or massage practitioner.
SEC. 12. Section 4603.7 is added to the
Business and Professions Code , to read:
4603.7. A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
SEC. 13. Section 4604 of the Business
and Professions Code is amended to read:
4604. (a) Notwithstanding Section 4601, the organization
council may grant a massage practitioner
certificate to any person who applies on or before January 1, 2012,
with one of the following:
(1) A current valid massage permit or license from a California
city, county, or city and county and documentation evidencing that
the person has completed at least a 100-hour course in massage at a
state-approved recognized or registered
school, or out-of-state school recognized by the
organization council as providing comparable
education, has been practicing for at least three years, and has
provided at least 1,000 hours of massage to members of the public for
compensation.
(2) Documentation evidencing that the person has completed at
least a 100-hour course in massage at a state-approved
recognized or registered school, or out-of-state
school recognized by the organization
council as providing comparable education, has been practicing
for at least three years, and has provided at least 1,750 hours of
massage to members of the public for compensation. For purposes of
this subdivision, evidence of practice shall include either of the
following:
(A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
(B) Tax returns indicating self-employment as a massage
practitioner or massage therapist or any other title that may
demonstrate experience in the field of massage.
(3) Documentation evidencing that the person holds a current valid
certificate of authorization as an instructor at an
approved a recognized massage school, or holds
the position of a massage instructor at a school accredited by an
agency recognized by the United States Department of Education, or
colleges and universities of the state higher education system, as
defined in Section 100850 of the Education Code.
(b) (1) After reviewing the information submitted under
subdivision (a), the organization council
may require additional information necessary to enable it to
determine whether to issue a certificate.
(2) If an applicant under paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (c) has not complied with Section
4601.3, or its equivalent, when obtaining a license or permit from
the city, county, or city and county, the organization
council shall require the applicant to comply
with Section 4601.3 prior to issuing a certificate pursuant to this
section.
(c) (1) A person applying for a massage practitioner certificate
on or before January 1, 2012, who meets the educational requirements
of either paragraph (1) or (2) of subdivision (a), but who has not
completed the required number of practice hours prior to submitting
an application pursuant to this section, may apply for a conditional
certificate.
(2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 250 hours of education, which may
include massage education hours previously completed in a massage
course described in either paragraph (1) or (2) of subdivision (a).
(3) Upon successful completion of the requirements of this
subdivision, the organization council
shall issue a certificate to the person that is not conditional.
(4) The organization shall immediately revoke the
A conditional certificate issued to any person
pursuant to this subdivision shall immediately be nullified,
without need for further action by the council, if the time
period specified in paragraph (2) expires without proof of completion
of the requirements having been filed with the organization
council .
(5) Any additional education required by this section may be
completed through courses provided by any of the following:
(A) An approved A recognized school.
(B) A registered school.
(C) A provider approved by, or registered with, the
organization council or the Department of
Consumer Affairs.
(D) A provider that establishes to the satisfaction of the
organization council that its course or
courses are appropriate educational programs for this purpose.
(d) Nothing in this section shall preclude the
organization council from exercising any power
or authority conferred by this chapter with respect to a conditional
certificate holder.
SEC. 14. Section 4612 of the Business
and Professions Code is amended to read:
4612. (a) (1) The holder of a certificate issued pursuant to this
chapter shall have the right to practice massage, consistent with
this chapter and the qualifications established by his or her
certification, in any city, county, or city and county in this state
and shall not be required to obtain any other license, permit, or
other authorization, except as provided in this section, to engage in
that practice.
(2) Notwithstanding any other provision of law, a city, county, or
city and county shall not enact an ordinance that requires a
license, permit, or other authorization to practice massage by an
individual who is certified pursuant to this chapter and who is
practicing consistent with the qualifications established by his or
her certification. No provision of any ordinance enacted by a city,
county, or city and county that is in effect before the effective
date of this chapter, and that requires a license, permit, or other
authorization to practice massage, may be enforced against an
individual who is certified pursuant to this chapter.
(3) Except as provided in subdivision (b), nothing in this section
shall be interpreted to prevent a city, county, or city and county
from adopting or enforcing any local ordinance governing zoning,
business licensing, and reasonable health and safety requirements for
massage establishments or businesses. Subdivision (b) shall not
apply to any massage establishment or business that employs or uses
persons to provide massage services who are not certified pursuant to
this chapter.
(b) (1) This subdivision shall apply only to massage
establishments or businesses that are sole proprietorships, where the
sole proprietor is certified pursuant to this chapter, and to
massage establishments or businesses that employ or use only persons
certified pursuant to this chapter to provide massage services. For
purposes of this subdivision, a sole proprietorship is a business
where the owner is the only person employed by that business to
provide massage services.
(2) (A) Any massage establishment or business described in
paragraph (1) shall maintain on its premises evidence for review by
local authorities that demonstrates that all persons providing
massage services are certified.
(B) Nothing in this section shall preclude a city, county, or city
and county from including in a local ordinance a provision that
requires a business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
are providing massage services at the business.
(3) A city, county, or city and county may charge a massage
business or establishment a business licensing fee sufficient to
cover the costs of the business licensing activities established by a
local ordinance described in this section.
(4) Nothing in this section shall prohibit a city, county, or city
and county from adopting land use and zoning requirements applicable
to massage establishments or businesses, provided that these
requirements shall be no different than the requirements that are
uniformly applied to other professional or personal services
businesses.
(5) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restroom, shower, or other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (A) require unlocked doors when there is no staff available to
assure security for clients and massage staff who are behind closed
doors, or (B) require windows that provide a view into massage rooms
that interfere with the privacy of clients of the massage business.
(6) A city, county, or city and county may adopt reasonable health
and safety requirements with respect to massage establishments or
businesses, including, but not limited to, requirements for
cleanliness of massage rooms, towels and linens, and reasonable
attire and personal hygiene requirements for persons providing
massage services, provided that nothing in this paragraph shall be
interpreted to authorize adoption of local ordinances that impose
additional qualifications, such as medical examinations, background
checks, or other criteria, upon any person certified pursuant to this
chapter.
(7) Nothing in this section shall preclude a city, county, or city
and county from doing any of the following:
(A) Requiring an applicant for a business license to operate a
massage business or establishment to fill out an application that
requests the applicant to provide relevant information.
(B) Making reasonable investigations into the information so
provided.
(C) Denying or restricting a business license if the applicant has
provided materially false information.
(c) An owner or operator of a massage business or establishment
subject to subdivision (b) shall be responsible for the conduct of
all employees or independent contractors working on the premises of
the business. Failure to comply with this provision may result
in revocation of the owner's or operator's certificate in accordance
with Section 4603. Nothing in this section shall preclude a
local ordinance from authorizing suspension, revocation, or other
restriction of a license or permit issued to a massage establishment
or business if violations of this chapter, or of the local ordinance,
occur on the business premises.
(d) Nothing in this section shall preclude a city, county, or city
and county from adopting a local ordinance that is applicable to
massage businesses or establishments described in paragraph (1) of
subdivision (b) and that does either of the following:
(1) Provides that duly authorized officials of the city, county,
or city and county have the right to conduct reasonable inspections,
during regular business hours, to ensure compliance with this
chapter, the local ordinance, or other applicable fire and health and
safety requirements.
(2) Requires an owner or operator to notify the city, county, or
city and county of any intention to rename, change management, or
convey the business to another person.
SEC. 15. Section 4615 of the Business
and Professions Code is amended to read:
4615. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of the Government Code .
SEC. 16. Section 4616 is added to the
Business and Professions Code , to read:
4616. This chapter shall be liberally construed to effectuate its
purposes. If any provision of this chapter or the application
thereof to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
SECTION 1. Section 18600 of the Business and
Professions Code is amended to read:
18600. This chapter shall be known and may be cited as the Boxing
Act or the State Athletic Commission Act.
Whenever a reference is made to the Boxing Act or the State
Athletic Commission Act by the provisions of any statute, that
reference is to be construed as referring to the provisions of this
chapter.