California Legislature—2013–14 Regular Session

Assembly BillNo. 1147


Introduced by Assembly Member Gomez

February 22, 2013


An act to amend Section 4601 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1147, as introduced, Gomez. Massage therapy.

Existing law, until January 1, 2015, provides for the voluntary certification of massage therapists by the California Massage Therapy Council. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage therapist, including, but not limited to, successfully completing curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, a minimum of 250 hours of which shall be from a school approved by the council, and the other 250 hours may be secured as specified.

This bill would instead increase that minimum of hours to 505 hours, or the credit unit equivalent, a minimum of 250 hours of which would be required to be from a school approved by the council, and the other 255 hours secured as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 4601 of the Business and Professions
2Code
is amended to read:

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4601.  

(a) The council shall issue a certificate under this chapter
2to an applicant who satisfies the requirements of this chapter.

3(b) (1) In order to obtain certification as a massage practitioner,
4an applicant shall submit a written application and provide the
5council with satisfactory evidence that he or she meets all of the
6following requirements:

7(A) The applicant is 18 years of age or older.

8(B) The applicant has successfully completed, at an approved
9school, curricula in massage and related subjects, totaling a
10minimum of 250 hours or the credit unit equivalent, that
11incorporates appropriate school assessment of student knowledge
12and skills. Included in the hours shall be instruction addressing
13anatomy and physiology, contraindications, health and hygiene,
14and business and ethics, with at least 100 hours of the required
15minimum 250 hours devoted to these curriculum areas.

16(C) All fees required by the council have been paid.

17(2) New certificates shall not be issued pursuant to this
18subdivision after December 31, 2015. Certificates issued pursuant
19to this section or subdivision (a) or (c) of Section 4604 on or before
20December 31, 2015, shall, after December 31, 2015, be renewed
21without any additional educational requirements, provided that the
22certificate holder continues to be qualified pursuant to this chapter.

23(c) In order to obtain certification as a massage therapist, an
24applicant shall submit a written application and provide the council
25with satisfactory evidence that he or she meets all of the following
26requirements:

27(1) The applicant is 18 years of age or older.

28(2) The applicant satisfies at least one of the following
29requirements:

30(A) He or she has successfully completed the curricula in
31massage and related subjects totaling a minimum ofbegin delete 500end deletebegin insert 505end insert hours
32or the credit unit equivalent. Of thisbegin delete 500end deletebegin insert 505end insert hours, a minimum
33of 250 hours shall be from approved schools. The remainingbegin delete 250end delete
34begin insert 255end insert hours required may be secured either from approved or
35registered schools, or from continuing education providers
36approved by, or registered with, the council or the Department of
37Consumer Affairs. After December 31, 2015, applicants may only
38satisfy the curricula in massage and related subjects from approved
39schools.

40(B) The applicant has done both of the following:

P3    1(i) Successfully completed, at an approved school, curricula in
2massage and related subjects totaling a minimum of 250 hours that
3incorporates appropriate school assessment of student knowledge
4and skills. Included in the hours shall be instruction addressing
5anatomy and physiology, contraindications, health and hygiene,
6and business and ethics, with at least 100 hours of the required
7minimum 250 hours devoted to these curriculum areas.

8(ii) Passed a massage and bodywork competency assessment
9examination that meets generally recognized psychometric
10principles and standards, and that is approved by the board. The
11successful completion of this examination may have been
12accomplished before the date the council is authorized by this
13chapter to begin issuing certificates.

14(3) All fees required by the council have been paid.

15(d) The council shall issue a certificate to an applicant who
16meets the other qualifications of this chapter and holds a current
17and valid registration, certification, or license from any other state
18whose licensure requirements meet or exceed those defined within
19this chapter. The council shall have discretion to give credit for
20comparable academic work completed by an applicant in a program
21outside of California.

22(e) An applicant applying for a massage therapist certificate
23shall file with the council a written application provided by the
24council, showing to the satisfaction of the council that he or she
25meets all of the requirements of this chapter.

26(f) Any certification issued under this chapter shall be subject
27to renewal every two years in a manner prescribed by the council,
28and shall expire unless renewed in that manner. The council may
29provide for the late renewal of a license.

30(g) (1) The council shall have the responsibility to determine
31that the school or schools from which an applicant has obtained
32the education required by this chapter meet the requirements of
33this chapter. If the council has any reason to question whether or
34not the applicant received the education that is required by this
35chapter from the school or schools that the applicant is claiming,
36the council shall investigate the facts to determine that the applicant
37received the required education prior to issuing a certificate.

38(2) For purposes of paragraph (1) and any other provision of
39this chapter for which the council is authorized to receive factual
40information as a condition of taking any action, the council shall
P4    1have the authority to conduct oral interviews of the applicant and
2others or to make any investigation deemed necessary to establish
3that the information received is accurate and satisfies any criteria
4established by this chapter.

5(h) The certificate issued pursuant to this chapter, as well as
6any identification card issued by the council, shall be surrendered
7to the council by any certificate holder whose certificate has been
8suspended or revoked.



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