BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 619| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 619 Page 2 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 CONTINUED AB 619 Page 3 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. CONTINUED AB 619 Page 4 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 CONTINUED AB 619 Page 5 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 CONTINUED AB 619 Page 6 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, CONTINUED AB 619 Page 7 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 **** END **** CONTINUED