BILL ANALYSIS Ó
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| Hearing Date:August 30, 2012 |Bill No:SB |
| |1238 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: SB 1238Author:Price
As Amended:August 24, 2012 Fiscal:Yes
SUBJECT: Massage therapy.
SUMMARY: Makes a number of substantive, clarifying, conforming and
technical changes to the Massage Therapy Act (Act) regarding:
Approval of school credit hours and examination and training
requirements for purposes of certification; the grounds for
suspension, denial or revocation of certification of the certificate
holder; the sharing of information between local law enforcement and
the California Massage Therapy Council (CAMTC); the responsibility of
owner/operators of massage businesses for conduct of employees or
their independent contractors and background checks of
owner/operators; the ability for cities to restrict the operation of
massage businesses involved in prior criminal activity.
NOTE : The Assembly amendments to this measure create a new bill as
passed by the Senate and has been referred to this Committee pursuant
to Senate Rule 29.10 (d) for consideration. The Committee may by a
vote of the majority to either (1) hold the bill, or (2) return the
bill to the Senate floor for consideration of the bill as amended in
the Assembly.
Existing law:
1)Provides for certification of massage practitioners and massage
therapists, as defined, by the CAMTC and specifies that the
CAMTC is a nonprofit organization meeting specified
requirements, and imposes certain duties on the CAMTC.
(Business and Professions Code (BPC) §§ 4600 (e), 4600.5 (a) and
(b) (2))
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2)Provides that the CAMTC is to be governed by a board of directors
(Board) which shall include: (BPC § 4600.5 (b) (1))
a) Two representatives from each professional society,
association, or other entity whose membership is comprised of
massage therapists and that chooses to participate in the
CAMTC and that has a dues-paying membership in California of
at least 1,000 individuals for the last three years and that
shall have by-laws that requires its members to abide by a
code of ethics.
b) One member selected by each statewide association of
private postsecondary schools incorporated on or before
January 1, 2010, whose members' schools have together had at
least 1,000 graduates in each of the previous three years
from approved and registered, as defined, massage therapy
programs.
c) One member selected by the League of California Cities.
d) One member selected by the California State Association of
Counties.
e) One member selected by the Department of Consumer Affairs.
f) One member appointed by the California Community College
Chancellor's Office.
3)Provides that the above mentioned entities may choose not to
exercise the right of selection of a member to serve on the
CAMTC Board and allows for the CAMTC's bylaws to establish a
process for appointing other professional directors as
determined by the Board. (BPC § 4600.5 (b) (1))
4)Requires the CAMTC 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. (BPC § 4601 (b))
5)Requires the CAMTC to issue a " massage therapist " 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.
(BPC § 4601 (c))
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6)Requires the CAMTC 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 requirements meets or exceeds those described above.
(BPC § 4601 (d))
7)Provides that the CAMTC shall determine whether or not a school
provides education that meets the requirements of certification
and requires the CAMTC to investigate, if necessary, whether or
not an applicant 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. (BPC §
4601 (g))
8)Provides that prior to issuing a certificate to the applicant or
designating a custodian of records the CAMTC 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 (DOJ) shall
provide the CAMTC with the specified information relating to an
applicant's criminal history. (BPC § 4601.3)
9)Provides that the CAMTC 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. (BPC § 4602 (a))
10)Requires the CAMTC 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 CAMTC shall permanently revoke the
certification; however, if the holder is acquitted of the
charges, the CAMTC shall re-instate the certification. (BPC §
4602 (c))
11)Requires the CAMTC to provide specified information regarding
certificate holders to any local law enforcement or other agency
that regulates massage therapy, and likewise the CAMTC shall
accept and review any information pertaining to a certificate
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holder provided by local law enforcement or other agency that
regulates massage therapy, and shall have the responsibility to
take any actions as authorized under the Act and are warranted
by the information. (BPC § 4602.5)
12)Provides for various grounds for discipline of a certificate
holder or for denial of a certificate to an applicant,
including: unprofessional conduct; procurement of certificate
by fraud; misrepresentation or mistake; conviction of a felony
or misdemeanor substantially related to their qualifications,
functions or duties, or committing any fraudulent, dishonest, or
corrupt act that is substantially related; and, committing any
act punishable as a sexually related crime. (BPC § 4603)
13)Provides that no certificate holder or certificate applicant may
be disciplined or denied a certificate except according to
specified due process procedures which have been set forth in
the articles or bylaws of the CAMTC and that a certificate
applicant or certificate holder who is denied or disciplined
shall be liable 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. (BPC §
4603.1)
14)Provides that the CAMTC may grant a massage practitioner
certificate to any person who meets specified education and
experience requirements and who has either been granted a permit
or license from a California local city or county or from
another state. (BPC § 4604 (a))
15)Provides that the CAMTC may also grant a conditional certificate
to allow the applicant sufficient opportunity to comply with
additional education and practice hours and shall within 5 years
provide proof of completion of the additional hours required,
and upon successful completion of the additional hours shall be
issued a certificate. However, the CAMTC shall immediately
revoke the conditional certificate if the time period specified
expires without proof of completion of the requirements for
education and practice hours. (BPC § 4604 (c))
16)Provides that the holder of a certificate issued by the CAMTC
shall be able to practice massage in any city, county, or city
and county, consistent with the Act and the qualification
established by his or her certification, and shall not be
required to obtain any other license, permit, or other
authorization, except as provided under the Act. (BPC § 4612
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(a))
17)Provides that 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 the Act and who is practicing consistent
with the qualifications established by his or her certification
and provides that no provision of any ordinance enacted by a
city, county, or city and county that is in effect before the
effective date of this Act, and that requires a license, permit,
or other authorization to practice massage, may be enforced
against an individual who is certified under the Act. (BPC §
4612 (a))
18)Provides that nothing in the Act shall 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 that employs or uses persons who are not certified
pursuant to the Act.
(BPC § 4612 (a))
19)Provides that a local government may subject any massage
business or establishment to reasonable inspections to verify
conformance with local ordinances and fire, health, and safety
requirements, and may also require the operator of a massage
business to notify it of any change in business name,
management, or transfer of ownership to another person. (BPC §
4612 (b))
20)Provides that an operator or a massage business that is
certified by the CAMTC and/or uses only individuals certified by
the CAMTC shall be responsible for the conduct of his or her
employees and shall be subject to suspension of any required
local business license or permit if violations of the Act or a
local ordinance occur. (BPC § 4612 (c))
21)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.
22)Subjects the Act to review by the Joint Sunset Review Committee
and repeals the Act on January 1, 2015, unless a later enacted
statute in enacted before January 1, 2015.
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This bill:
1)Defines an operator of a massage business to mean a person, whether
owner or nonowner, who manages or operates a massage business.
2)Allows the use of credit unit equivalents (in addition to hours) in
determining completion of required education for massage
practitioners and massage therapists.
3)Revises the dual path to licensure for massage therapists by adding
the following educational requirements to the option that currently
requires only the passage of a competency assessment examination:
successful completion, at an approved school, of 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.
4)Requires certificates and identification cards issued by the CAMTC
to be surrendered to CAMTC by any holder whose certificate has been
suspended or revoked.
5)Allows the CAMTC to immediately suspend the certificate of a
certificate holder upon receipt of clear and convincing evidence
that the holder has committed an act punishable as a sexually
related crime or felony, that is substantially related to the
qualifications, functions, or duties of a certificate holder, and
requires the CAMTC to consider any available credible mitigating
evidence before making a decision to suspend a certificate, as
specified.
6)Provides the holder of a suspended certificate the right to a
hearing within 30 days, and requires the CAMTC to send notice of
suspension to the certificate holder, businesses on record with the
CAMTC as employing or contracting with the holder, and the local
permitting authority with jurisdiction over the employing or
contracting businesses, as specified.
7)Requires the CAMTC to notify a certificate holder within 10 business
days regarding the suspension or reinstatement of a certificate for
arrest charges or acquittals, as specified.
8)Authorizes a law enforcement agency or local government agency with
responsibility for regulating massage or massage business, upon
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request of the CAMTC, to provide information to the CAMTC concerning
an applicant or certificate holder, including, but not limited to:
the current status of any application or local permit; any history
of disciplinary action taken against the applicant or certificate
holder; any information related to criminal activity or
unprofessional conduct allegedly engaged in by an applicant or
certificate holder, including, but not limited to, police reports
and declarations of conduct; the home and work addresses of the
applicant or certificate holder; and, any other information in the
law enforcement agency or other local government agency's possession
that is necessary to verify facts or implement laws governing
massage therapists.
9)Authorizes the CAMTC to deny an application or discipline a
certificate holder for a conviction of any infraction, municipal
code violation, or liability in an administrative or civil action
that is substantially related to the qualifications, functions, or
duties of a certificate holder, in which event the record of the
conviction or other judgment shall be conclusive evidence of the
crime or liability.
10)Requires a certificate holder to display his or her original
certificate at his or her place of business.
11)Requires a certificate holder to have his or her identification
card in his or her possession while providing massage services.
12)Requires a certificate holder, upon request at the location where
he or she is providing massage services, to provide his or her full
name and certificate number to a member of the public, the CAMTC, or
a member of law enforcement or a local government agency charged
with regulating massage.
13)Specifies that business license fees charged to a massage business
or establishment can be no higher than the lowest fee that is
applied to other individuals and businesses providing professional
services, as specified.
14)Makes a certified massage business owner responsible for the
conduct of all employees or independent contractors working on the
premises of the business.
15)Specifies that local jurisdictions can only ask for information
from applicants for a massage business license that is the same as
that required of other individuals and professionals providing
professional services, as specified.
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16)Specifies that the background check that a local jurisdiction can
require of an owner or operator of a massage establishment may
include, but is not limited to, a criminal background check,
including requiring submission of fingerprints. If a noncertified
owner's or operator's background check results in a finding that the
local jurisdiction determines is relevant to owning or operating a
massage establishment, then specified rights to practice shall not
apply to that establishment and the local jurisdiction may regulate
that establishment in any manner it deems proper that is in
accordance with the law.
17)Specifies that nothing in statutes governing massage therapy shall
be construed to restrict or limit in any way the authority of a
local jurisdiction to adopt a local ordinance restricting the
opening of a new massage establishment in a location in which a
massage establishment has been closed due to criminal activity.
FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis dated August 8, 2012, on the prior bill SB 122 (Price) which
included the language now in this measure, potential minor, absorbable
increased enforcement costs to CAMTC.
COMMENTS:
1.Purpose. This measure is sponsored by the California Massage
Therapy Council (CAMTC). According to the Sponsor, over 40,000
massage professionals practice in California. Some are independent
practitioners while many others are employees of spas and
chiropractors. In the almost four 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, the Sponsor sees the need for some additional clarifying,
technical and clean-up changes to improve the original law,
SB 731 (Oropeza, Chapter 384, Statutes of 2008).
The changes to the Massage Therapy Act and its statutes and the
rationale for each are as follows:
a) This bill defines "operator" as someone who owns or manages a
business. Under current law, cities and counties can conduct
background checks of non-certified owners of massage businesses.
Due to the fact that often the owner is not on site or involved
in operations, city attorneys have requested the right to
investigate a person who has substantial authority over the
operation of the establishment, such as hiring and firing of
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certified massage professionals.
b) This bill allows education to be "250 hours or the credit unit
equivalent" and "500 hours or the credit unit equivalent." The
U.S. Department of Education has issued new rules for recognizing
school credits issued. Currently, CAMTC converts credits to
hours but some states have recognized in rules that they will
accept both. California schools have suggested that CAMTC do the
same to avoid confusion regarding student financial aid.
c) This bill adds a requirement that a person be qualified as a
massage practitioner in addition to passing an approved exam.
Current law has a loophole through which a person without any
massage training can qualify for certification by passing an exam
that requires no proof of education. In California, it has been
discovered that people were taking test review preparation
courses on the Internet without any supervised massage education.
To prevent this, CAMTC currently does not recognize the Massage
and Bodywork Licensing Examination (MEBLEx), which was developed
by the Federation of State Massage Therapy Boards and is
currently used by 36 states, the District of Columbia, Puerto
Rico and the Virgin Islands for state licensing purposes and does
not set a requirement for education because each state (except
for California) sets their own standard in order to sit for the
exam. This provision will allow an applicant who has at least
250 hours of approved education to qualify at the higher tier by
passing an exam and would allow CAMTC to recognize the MEBLEx.
d) This bill specifies that the certificate and ID card are the
property of CAMTC and shall be surrendered upon suspension or
revocation. This is standard practice for suspended or revoked
certifications and licenses.
e) This bill adds to grounds for immediate suspension of
certification acts of unprofessional conduct based on clear and
convincing evidence of a sexually related crime or felony based
on sworn declarations, which was requested by law enforcement and
the enforcement division of CAMTC.
f) This bill allows law enforcement or a local government agency
to provide information to CAMTC regarding a certificate holder or
applicant, including the status of a local permit, disciplinary
actions, criminal activity or unprofessional conduct, police
reports and declarations of conduct. A small number of city
attorneys, including from Los Angeles, do not believe that local
governments have the authority to provide information to CAMTC,
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resulting in approval of applicants who would otherwise be
denied. All applicants sign an authorization for release of such
information to CAMTC.
g) This bill adds to the grounds for denial or discipline an
infraction, municipal code violation or liability in an
administrative or civil action that is substantially related to
the practice of massage. It is common to charge relevant crimes
such as solicitation as infractions, civil citations or municipal
code violations. Administrative and civil citations are
alternatives to criminal proceedings against a person or business
for violation of the city's laws. Government Code specifically
authorizes cities to make violations of ordinances subject to a
civil fine or penalty instead of the usual criminal fine. These
citations are subject to appeal and ultimately can be challenged
in court. Currently, defense attorneys are advising clients to
plea to infractions to avoid denial or discipline by CAMTC.
h) This bill requires that the ID card be in the possession of
the therapist while providing massage and that he or she display
only an original certificate. This is a city request. The
certificate itself does not have a photo. Other professions
require only original certificates or licenses be displayed.
i) This bill requires certified professionals to provide their
full name and certification number to the public, CAMTC or law
enforcement upon request. The public has a right to know who
their massage therapist is and whether they are certified.
j) This bill specifies that the business license fees can be no
higher than the lowest fee charged other professionals. This is
a city request. Currently, most cities have multiple rates for
professionals. In some cases this will result in lower fees.
aa) This bill clarifies that an application for a business license
for businesses in which everyone provided is certified shall be
the same as that required of other individuals and professionals
providing professional services. This is a city request for
clarification.
bb) This bill makes the certified owner responsible for the
conduct of all employees or independent contractors working on
the premises of the business. The current language has a
loophole whereby if anyone providing massage is not certified,
the owner cannot be held responsible for the conduct of those
providing massage on the premises.
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cc) This bill allows the owner/operator background check to be 10
years and include live scan and criminal background check. If
the owner background check results in findings of history
relevant to owning or management of a massage business, certain
provisions do not apply. Several city attorneys interpret
current language as prohibiting checking
10 years work and home address history (as CAMTC does on the
applicant for certification) or including a criminal background
check and live scan. The law does not currently allow a city or
county to prevent a person from opening or operating a massage
business as there are no consequences should the background
investigation reveal offenses substantially related to the
operation of a massage business.
dd) This bill states that local jurisdictions have the authority
to restrict the ability of a new massage business to open in any
location in which a massage business has been closed for criminal
activity. This is a city request. It is common for illicit
businesses to change ownership and continue the same type of
business. Nuisance abatement, which prohibits any use of the
site for one year, is costly and burdensome on the city and
county. The revolving door of illicit businesses is a huge
problem for cities and counties.
2.Background.
a) The Practice of Massage Therapy in California. Massage has
grown into the third most requested Complementary and 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
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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 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.
b) Prior Law and Regulation in California Cities and Counties
of Massage Businesses. AB 3325 (McAllister, Chapter 1352,
Statutes of 1976) enacted the prior local authority to
regulate the business of massage. In an analyses of that
bill, it is stated that the purpose of the bill is to clearly
state that local governments have the authority to regulate
the operation of massage businesses through licensing
procedures if they so desire.
The law allowed cities and counties to condition the issuance
of a massage license upon proof that the massage personnel
and the owners or operator of such businesses have not been
convicted of certain sex-related crimes. It was argued by
some that this legislation was enacted to deal in part with
the adult-oriented sex business, but in doing so, legitimate
massage businesses were subject to local ordinances that
inappropriately and oppressively regulated them as "adult
entertainment." Some examples are restrictive zoning,
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excessive fees, VD tests, required showers and separate
restrooms, and prohibited home visits. Because local
jurisdictions controlled the regulation of massage, local
ordinances could 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,
churches, or residences effectively zoned massage out of many
small cities. Proponents of state regulation 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."
c) Current Regulation of Massage Therapists and Their Businesses.
In February 2003, Assembly Member Kehoe introduced AB 1388 ,
which was sponsored by the AMTA-CA. As introduced, the bill
would have established the Massage Therapy and Bodyworks
Commission in the Department of Consumer Affairs to register and
regulate massage therapists and bodyworkers. It was referred to
the Assembly Business and Professions Committee; however, it died
in that Committee without being heard. Although there was
significant discussion surrounding the issue of state regulation
of massage therapy, interested parties could not reach any type
of agreement as to what the regulatory scheme should be.
In January 6, 2005, 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 was submitted to review by the prior Joint Committee on
Boards, Commissions and Consumer Protection (Joint Committee).
This was part of the "sunrise review process" which provided that
any new proposals to create new licensure or regulatory
categories, change licensing requirements, modify scope of
practice, or create a new licensing board could be referred to
the Joint Committee by the standing committees of the
Legislature. (Sunrise review is still required by the standing
committees under Section 9148 et seq. of the Government Code for
any new categories of licensure or creation of a new licensing
board.) This permitted an opportunity for all interested parties
to participate in discussing both the pros and cons of such a
proposal and for the Joint Committee to make recommendations to
the Legislature regarding these proposals.
The Joint Committee found that massage therapy is "regulated in
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California by a chaotic mish-mash of local vice ordinances
primarily aimed at controlling illicit 'massage parlors.' In
essence, the current system sought to regulate illegal activity
in the guise of professional licensing." The Joint Committee
concluded that the current system fails to serve either the
public or the profession and that it is appropriate to streamline
the regulation of massage therapy at the state level in order to
create a more uniform standard. The Joint Committee, on April
12, 2005, issued its recommendation and stated that regulation of
massage therapists should be shifted from the current local
jurisdiction approach to a state-based approach to provide for
more uniform standards. It was also recommended that the
state-based approach should be flexible enough to serve the needs
of the public, the profession, as well as the legitimate
interests of the local governments who currently use existing law
for legitimate public policy purposes.
The recommended regulatory program for massage therapy was modeled
after the regulatory program for tax preparers (BPC § 22250 et
seq.) and interior designers (BPC § 5800 et seq.) which provide
for statutorily created non-profit corporations that have the
authority to certify qualified individuals in their respective
professions.
SB 412 (Figueroa) was introduced in 2005 and was sponsored by the
AMTA-CA. SB 412 became a two-year bill and lengthy discussions
took place with the League of Cities, California State
Association of Counties, local law enforcement, those
representing private and public massage schools, massage and
related massage therapy associations and organizations,
chiropractic and physical therapy associations. This measure,
however, failed passage on the Assembly Floor at the end of
Session in 2006, because of the opposition from both the
chiropractic and physical therapy profession regarding the
definition of "massage therapy."
SB 731 (Oropeza, Chapter 384, Statutes of 2008) was then introduced
in 2008, and was almost identical in every aspect to SB 412. The
only difference was in the definitions of "approved" and
"registered schools" and in the definition of massage therapy.
SB 731 which implemented the Massage Therapy Act, shifted the
regulation of massage therapists from local jurisdictions to a
state-based approach and created a voluntary statewide
certification of massage therapists and the Massage Therapy
Organization (MTO) with the authority to implement a
certification program. The purpose of the MTO was to make the
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process of certification the same throughout the state, rather
than different in each city and county. The California statewide
voluntary massage certification program allowed for work in
multiple California locations without the need for multiple
permits or fees and multiple and differing requirements to
provide massage therapy services.
SB 619 (Halderman, Chapter 309, Statutes of 2011) changed the name
of the Massage Therapy Organization to the CAMTC and made a
number of clarifying, conforming and technical changes to Massage
Therapy 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.
Recently the MTO was renamed the CAMTC by the organization.
As indicated, the 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. Local
cities and counties cannot require local massage licenses/permits
of CAMTC CMTs or CMPs, but they can require permits dealing with
reasonable health and safety concerns. They will also generally
require a business license of the business owner, independent
contractor, or tenant.
3.Arguments in Support. The AMTA-CA is in support of this measure and
believes the provisions in this bill will improve consumer
protection and ensure the integrity of the CAMTC Massage Therapy
Certificate to practice massage. AMTA-CA indicates that these
provisions are the result of careful negotiations with stakeholders
of these issues important to the massage industry.
The Associated Bodywork & Massage Professionals (ABMP) are in support
of this measure and also indicates that these provisions are the
result of careful negotiations with stakeholders, including ABMP and
that the provisions in this bill will improve public safety.
The California Police Chiefs support this bill and believes the
changes to the Act will result in more effective oversight of the
massage business.
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SUPPORT AND OPPOSITION:
Support:
California Massage Therapy Council (Sponsor)
American Massage Therapy Association
Associated Bodywork & Massage Professionals
California Police Chiefs
Hands-On Trade Association
Opposition:
None on File as of August 28, 2012
Consultant:Bill Gage