BILL ANALYSIS Ó
AB 619
Page 1
Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 619 (Halderman) - As Amended: April 25, 2011
SUBJECT : Massage Therapy.
SUMMARY : Authorizes the California Massage Therapy Council
(CAMTC) to revoke the massage certificate of an owner or
operator of a massage establishment or business for an employee
or independent contractor's violations, as specified, and
requires certificate holders to include their name and
certificate number in all advertising and to display their
certificate at their place of business. Specifically, this
bill :
1) Renames the Massage Therapy Organization (MTO) to CAMTC.
2) Renames the term "approved school or approved massage
school" to "recognized school or recognized massage school"
and clarifies its definition to mean a school recognized by
the CAMTC that meets requirements, as specified.
3) Clarifies that a conditional certificate is immediately
nullified if proof of completion of the requirements, as
specified, have not been filed within five years.
4) Requires certificate holders to include the name under
which he or she is certified and his or her certificate
number in all advertising and to display his or her
certificate at his or her place of business.
5) Requires CAMTC be sued only in the county of its
principal office.
6) Authorizes CAMTC to revoke the massage certificate of an
owner or operator of a massage establishment or business,
as specified, if his or her employees' or independent
contractors' conduct does not conform to regulations, as
specified.
7) Contains a severability clause.
AB 619
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EXISTING LAW
1) Provides for the voluntary certification of massage
practitioners and massage therapists by a nonprofit MTO
until January 1, 2016.
2) Requires applicants for initial certification as massage
practitioners and massage therapists to pay a fee and meet
educational requirements, as specified.
3) Permits applicants for initial certification, who have
met educational requirements, as specified, but have yet to
complete the required number of practice hours, to apply
for a conditional certificate, as specified.
4) Holds a certificate applicant or certificate holder, who
is denied a certificate or disciplined, liable for any
charges incurred, services or benefits actually rendered,
dues, assessments, or fees incurred before the denial or
discipline.
5) Holds an owner or operator of a massage establishment or
business, as specified, responsible for the conduct of all
employees or independent contractors working on the
premises of the business.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "Over
40,000 massage professionals practice in California. Some are
independent practitioners while many others are employees of
spas and chiropractors. In the almost two years that statewide
voluntary massage certification has been in place, over 26,000
have applied for certification, and thus far 20,000 have
successfully demonstrated proof of qualification for
certification. Moving forward, there is a need for some
technical and clean-up changes to improve the original law, SB
731 (Oropeza), Chapter 384, Statutes of 2008."
Background . SB 731 (Oropeza), Chapter 384, Statutes of 2008
created voluntary statewide certification of massage therapists
and the MTO with the authority to implement the certification
program. The purpose of the MTO was to make the process of
AB 619
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certification the same throughout the state, rather than
different in each city and county. The California Statewide
Voluntary Massage Certification allows for work in multiple
California locations without the need for multiple permits or
fees.
The MTO was renamed the CAMTC by the organization. CAMTC
evaluates the qualifications of massage professionals and issues
certifications in California. There are two levels of
certification, Certified Massage Therapist (CMT) and Certified
Massage Practitioner (CMP), each with different educational
requirements. If a CMT or CMP violates terms of certification,
CAMTC can suspend or revoke their certification. Although
California law grants title protection, there is no defined
scope of practice for massage professionals. Scope of practice
questions therefore fall under what insurance providers will
cover in the event of a claim and what falls outside the
exclusive scope of practice of licensed health care professions.
Local cities and counties cannot require local massage permits
of CAMTC Certified Massage Therapists and Practitioners, but
they can require permits dealing with reasonable health and
safety issues. They will also generally require a business
license of the business owner, independent contractor, or
tenant.
Regulation in California . Prior to 2009, cities and counties
could condition the issuance of a massage license upon proof
that the massage personnel and the owners or operators of such
businesses had not been convicted of certain sex-related crimes.
It was argued by some that AB 3325 (McAllister), Chapter 1352,
Statutes of 1976, which authorized local agencies to regulate
the business of massage, 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, tests for
sexually transmitted diseases, 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 resulted in many cities
requiring expensive conditional use permits. Restricting
massage businesses from opening within 1,000 feet of schools,
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churches, or residences has effectively zoned massage out of
many small cities. Proponents of state regulation also argued
that local regulation treats professionals and "massage parlors"
alike and that consumers have a problem knowing how to
distinguish legitimate massage practitioners from "massage
parlors."
In 2005, the Legislature explored the issue of whether
California should shift the regulation of massage therapists
from the local level to the state level and what type of
regulatory oversight should be provided. It found that massage
therapy is regulated in California by a chaotic mish-mash of
local vice ordinances primarily aimed at controlling illicit
'massage parlors.' In essence, the system regulated illegal
activity in the guise of professional licensing, concluding that
the system failed to serve either the public or the profession
and that it was appropriate to streamline the regulation of
massage therapy at the state level in order to create a more
uniform standard.
In 2008, the Legislature passed SB 731 (Oropeza), Chapter 384,
Statutes of 2008, shifting the regulation of massage therapists
from local jurisdictions to state-wide voluntary certification
by CAMTC.
REGISTERED SUPPORT / OPPOSITION :
Support
American Massage Therapy Association - California Chapter
(sponsor)
Associated Bodywork & Massage Professionals
California Police Chiefs Association
Opposition
None on file.
Analysis Prepared by : Marina Wiant / B.,P. & C.P. / (916)
319-3301