BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 619|
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                                    CONSENT


          Bill No:  AB 619
          Author:   Halderman (R)
          Amended:  6/7/11 in Senate
          Vote:     21

           
           SENATE BUS, PROF & ECON DEVELOP COMM.  :  8-0, 06/13/11
          AYES:  Price, Emmerson, Corbett, Hernandez, Negrete McLeod, 
            Vargas, Walters, Wyland
          NO VOTE RECORDED:  Correa

           ASSEMBLY FLOOR  :  70-0, 05/12/11 - See last page for vote


           SUBJECT  :    Massage therapy

           SOURCE  :     American Massage Therapy Association, 
          California Chapter


           DIGEST  :    This bill changes the name of the Massage 
          Therapy Organization to the California Massage Therapy 
          Council (CAMTC) and makes a number of clarifying, 
          conforming and technical changes to Massage Therapy Act 
          (Act) regarding the approval of schools providing training 
          and curriculum in massage, reimbursements of costs incurred 
          by the CAMTC for denying a massage certificate or 
          disciplining a certificate holder, the advertising and 
          display of the massage certificate, and the granting of a 
          conditional certificate.  This bill also provides for 
          severability of provisions within the Act so that the 
          invalidity of one provision shall not affect other 
          provisions within the Act.    
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           ANALYSIS  :    Existing law:

             1.   Provides for certification of massage practitioners 
               and massage therapists, as defined, by the Massage 
               Therapy Organization (MTO) and specifies that the MTO 
               is a nonprofit organization meeting specified 
               requirements, and imposes certain duties on the MTO. 

             2.   Provides that the MTO is to be governed by a board 
               of directors (Board). 

             3.   Provides that the above mentioned entities may 
               choose not to exercise the right of selection of a 
               member to serve on the MTO Board and allows for the 
               MTO's bylaws to establish a process for appointing 
               other professional directors as determined by the 
               Board.  

             4.   Requires the MTO to issue a "massage practitioner" 
               certificate to an applicant, who submits a written 
               application and provides satisfactory evidence that he 
               or she meets all of the specified education, 
               experience or examination requirements, or has a 
               current valid license from a local jurisdiction and 
               meets other education and/or experience requirements.

             5.   Requires the MTO to issue a "massage therapist" 
               certificate to an applicant who submits a written 
               application and provides with satisfactory evidence 
               that he or she meets all of the specified education, 
               experience or examination requirements.  

             6.   Requires the MTO to issue a certificate to an 
               applicant who meets the other qualifications provided 
               for and holds a current and valid registration, 
               certification, or license from any other state whose 
               licensure requirements meets or exceeds those defined 
               above.  

             7.   Provides that the MTO shall determine whether or 
               not a school provides education that meets the 
               requirements of certification and requires the MTO to 
               investigate, if necessary, whether or not an applicant 

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               has actually completed the education he or she claims 
               in his or her application and to conduct oral 
               interviews, if necessary, of any applicant to make any 
               investigation to establish that the information 
               received is accurate and satisfies any criteria 
               established pursuant to the Act. 

             8.   Provides that prior to issuing a certificate to the 
               applicant or designating a custodian of records the 
               MTO shall obtain fingerprints, which may be in an 
               electronic format, from an applicant for certification 
               as a massage therapist or massage practitioner for the 
               purpose of conducting a criminal background check, and 
               specifies that the Department of Justice shall provide 
               the MTO with the specified information relating to an 
               applicant's criminal history. 

             9.   Provides that the MTO may discipline a certificate 
               holder by any, or a combination of, the following 
               methods:  a) probation with conditions; b) suspending 
               the certificate for a period not to exceed one year; 
               c) revoke the certificate; d) provide for conditional 
               certificate suspension; e) any other appropriate 
               action as authorized by its by-laws. 

             10.  Requires the MTO to suspend a certificate if the 
               holder has been arrested and charged with any sexually 
               related or prostitution-related crime and to notify 
               the holder and his or her employer of the suspension, 
               and if the charges result in a conviction, the MTO 
               shall permanently revoke the certification; however, 
               if the holder is acquitted of the charges, the MTO 
               shall re-instate the certification.  

          This bill:

             1.   Changes the name of the Massage Therapy 
               Organization to the "California Massage Therapy 
               Council" (CAMTC).

             2.   Clarifies that schools, as defined, which provide 
               education, training and curriculum in massage, shall 
               be approved by the CAMTC  and  if they meet other 
               specified requirements. 

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             3.   Eliminates the liability on the part of a 
               certificate applicant or certificate holder for any 
               charges incurred, services actually rendered or fees 
               incurred by the CAMTC in the denial of the certificate 
               or discipline of the certificate holder.

             4.   Provides that the CAMTC shall be sued only in the 
               county of its principal office. 

             5.   Provides that 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.

             6.   Specifies that a conditional certificate provided 
               by the CAMTC shall be immediately nullified rather 
               than revoked, without further action by the CAMTC, if 
               the time period specified by the CAMTC expires without 
               proof of completion of the requirements for additional 
               education and practice hours.

             7.   Authorizes the CAMTC to revoke the massage 
               certificate of an owner or operator of a massage 
               establishment or business, as specified, if his or her 
               employees violate provisions of the Act.

             8.   Provides that the Act shall be liberally construed 
               to effectuate its purposes and that if any provisions 
               of the Act are held invalid that the invalidity shall 
               not affect other provisions or applications of the Act 
               and that it can be given effect without the invalid 
               provisions or application, and to this end the 
               provisions of the Act are severable.

             9.   Subjects the Act and the CAMTC to review by the 
               newly created Joint Sunset Review Committee of the 
               Legislature.

           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 40,000 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.

          According to the AMTA-CA, consumers do not know the 

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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/14/11)

          American Massage Therapy Association, California Chapter 
          (source) 
          Associated Bodywork and Massage Professionals
          California Police Chiefs Association, Inc.

           ARGUMENTS IN SUPPORT  :    The Associated Bodywork & Massage 
          Professionals (ABMP) is in support of this measure and 
          points out that the primary benefit of the passage of SB 
          731 was to provide massage therapists some financial relief 
          from restrictive and discriminatory local ordinances and 
          from having duplicative processes to practice in multiple 
          locations.  The ABMP indicates that the current 
          certification program of CAMTC is working with over 20,000 
          individuals having met the qualifications for certification 
          and are enjoying the economic benefit of having to obtain 
          only one credential to practice massage anywhere in 
          California.  The ABMP believes these are needed technical 
          changes which will improve the Act.

          The California Police Chiefs Association, Inc. is in 
          support and indicates that these are clean-up provisions 
          Ýto the Act] that are agreed upon by both the law 
          enforcement community and the body-work community.  The 
          Police Chiefs "look forward to continuing to work 
          collaboratively in order to assure the elevation of the 
          body work profession while exorcizing the prostitution and 
          human traffic elements that have attempted to invade the 
          profession."


           ASSEMBLY FLOOR  :  70-0, 05/12/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 

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            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, 
            Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, 
            Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED:  Alejo, Cedillo, Conway, Garrick, Gorell, 
            Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino, 
            Torres


          JJA:nl  6/14/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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