Amended in Assembly May 1, 2013

Amended in Assembly April 15, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1147

Introduced by Assembly Member Gomez

February 22, 2013

An act to amend Sections 4601 and 4612 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1147, as amended, Gomez. Massage therapy.

Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and 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 practitioner, including, but not limited to, successfully completing curricula in massage and related subjects totaling a minimum of 250 hours or the credit unit equivalent, as specified.

This bill would additionally require an applicant for a certificate as a massage practitioner to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the 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, (1) successfully completing curricula in massage and related subjects totaling a minimum of 500 hours or the credit unit equivalent, as specified, or (2) successfully completing curricula in massage and related subjects totaling a minimum of 250 hours, as specified, and passing a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the council.

This bill would instead require an applicant for a certificate as a massage therapist to successfully complete curricula in massage and related subjects totaling a minimum of 500 hours or the credit unit equivalent, as specified, and to pass the massage and bodywork competency assessment examination as described above.

Existing law authorizes a city, county, or city and county to impose certain requirements on massage establishments or businesses that are the sole proprietorship of an individual certified pursuant to existing state law or that employ or use only persons who are so certified. Existing law authorizes a city, county, or city and county to, among other things, adopt reasonable health and safety requirements, as specified, pertaining to those massage establishments or businesses, and to require an applicant for a business license to operate a massage business or establishment to fill out an application that requests relevant information, as specified.

This bill would authorize a city, county, or city and county to require a massage establishment or business described above to apply for and receive a revocable certificate of registration. The bill would authorize a city, county, or city and county to require from an applicant, among other things, copies of specified identification and a statement that the begin delete applicant end delete begin insert business end insert will only employ or use certified persons to provide massage services and that failure to comply with this provision may result in begin delete revocation of end delete begin insert suspension or revocation of, imposition of conditions upon, or action against end insert the certificate of registration. The bill would authorize a city, county, or city and county to require a massage establishment or business to comply with specified local ordinances, regulations, rules, requirements, or restrictions as a condition begin insert of end insert granting or maintaining a revocable certificate of registration and would authorize a city, county, or city and county begin delete to revoke end delete begin insert to, at its sole discretion, suspend, revoke, or impose conditions upon end insert a certificate of registration for cause.

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

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

SECTION 1.  

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

4601.  

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

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

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

(B) The applicant has successfully completed, at an approved
school, curricula in massage and related subjects, totaling a
minimum of 250 hours or the credit unit equivalent, 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.

(C) The applicant has passed a massage and bodywork
competency assessment examination that meets generally
recognized psychometric principles and standards, and that is
approved by the council. The successful completion of this
examination may have been accomplished before the date the
council is authorized by this chapter to begin issuing certificates.

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

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

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

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

(2) The applicant has successfully completed the curricula in
massage and related subjects totaling a minimum of 500 hours or
the credit unit equivalent. Of this 500 hours, a minimum of 250
hours shall be from approved schools. The remaining 250 hours
required may be secured either from approved or registered schools,
or from continuing education providers approved by, or registered
with, the council or the Department of Consumer Affairs. After
December 31, 2015, applicants may only satisfy the curricula in
massage and related subjects from approved schools.

(3) The applicant has passed a massage and bodywork
competency assessment examination that meets generally
recognized psychometric principles and standards, and that is
approved by the council. The successful completion of this
examination may have been accomplished before the date the
council is authorized by this chapter to begin issuing certificates.

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

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

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

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

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

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

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

SEC. 2.  

Section 4612 of the Business and Professions Code is
amended to read:

4612.  

(a) (1) The holder of a certificate issued pursuant to
this chapter shall have the right to practice massage, consistent
with this chapter and the qualifications established by his or her
certification, in any city, county, or city and county in this state
and shall not be required to obtain any other license, permit, or
other authorization, except as provided in this section, to engage
in that practice.

(2) Notwithstanding any other provision of law, a city, county,
or city and county shall not enact an ordinance that requires a
license, permit, or other authorization to provide massage for
compensation by an individual who is certified pursuant to this
chapter and who is practicing consistent with the qualifications
established by his or her certification, or by a massage business
or massage establishment that employs or uses only persons who
are certified pursuant to this chapter to provide massage for
compensation. No provision of any ordinance enacted by a city,
county, or city and county that is in effect before the effective date
of this chapter, and that requires a license, permit, or other
authorization to provide massage for compensation, may be
enforced against an individual who is certified pursuant to this
chapter or against a massage business or massage establishment
that employs or uses only persons who are certified pursuant to
this chapter to provide massage for compensation.

(3) Except as provided in subdivision (b), nothing in this section
shall be interpreted to prevent a city, county, or city and county
from adopting or enforcing any local ordinance that provides for
reasonable health and safety requirements for massage
establishments or businesses. Subdivision (b) shall not apply to
any massage establishment or business that employs or uses
persons to provide massage services who are not certified pursuant
to this chapter.

(b) (1) This subdivision shall apply only to massage
establishments or businesses that are sole proprietorships, where
the sole proprietor is certified pursuant to this chapter, and to
massage establishments or businesses that employ or use only
persons certified pursuant to this chapter to provide massage
services. For purposes of this subdivision, a sole proprietorship is
a business where the owner is the only person employed by that
business to provide massage services.

(2) (A) Any massage establishment or business described in
paragraph (1) shall maintain on its premises evidence for review
by local authorities that demonstrates that all persons providing
massage services are certified.

(B) Nothing in this section shall preclude a city, county, or city
and county from including in a local ordinance a provision that
requires a business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
are providing massage services at the business.

(3) A city, county, or city and county may charge a massage
business or establishment a business licensing fee, provided that
the fee shall be no higher than the lowest fee that is applied to
other individuals and businesses providing professional services,
as defined in subdivision (a) of Section 13401 of the Corporations
Code.

(4) Nothing in this section shall prohibit a city, county, or city
and county from enacting ordinances, regulations, rules,
requirements, restrictions, land use regulations, moratoria,
conditional use permits, or zoning requirements applicable to an
individual certified pursuant to this chapter or to a massage
establishment or business that uses only individuals who are
certified pursuant to this chapter to provide massage for
compensation, provided that, unless otherwise exempted by this
chapter, these ordinances, regulations, rules, requirements,
restrictions, land use regulations, moratoria, conditional use
permits, and zoning requirements shall be no different than the
requirements that are uniformly applied to all other individuals
and businesses providing professional services, as defined in
subdivision (a) of Section 13401 of the Corporations Code. No
provision of any ordinance, regulation, rule, requirement,
restriction, land use regulation, moratoria, conditional use permit,
or zoning requirement enacted by a city, county, or city and county
that is in effect before the effective date of this chapter, and that
is inconsistent with this paragraph, may be enforced against an
individual who is certified pursuant to this chapter or against a
massage business or massage establishment that uses only
individuals who are certified pursuant to this chapter to provide
massage for compensation.

(5) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restroom, shower, or other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (A) require unlocked doors when there is no staff available to
ensure security for clients and massage staff who are behind closed
doors, or (B) require windows that provide a view into massage
rooms that interfere with the privacy of clients of the massage
business.

(6) A city, county, or city and county may adopt reasonable
health and safety requirements with respect to massage
establishments or businesses, including, but not limited to,
requirements for cleanliness of massage rooms, towels and linens,
and reasonable attire and personal hygiene requirements for persons
providing massage services, provided that nothing in this paragraph
shall be interpreted to authorize adoption of local ordinances that
impose additional qualifications, such as medical examinations,
background checks, or other criteria, upon any person certified
pursuant to this chapter.

(7) Nothing in this section shall preclude a city, county, or city
and county from doing any of the following:

(A) Requiring an applicant for a business license to operate a
massage business or establishment to fill out an application that
requests the applicant to provide relevant information, as long as
the information requested is the same as that required of other
individuals and professionals providing professional services as
defined in subdivision (a) of Section 13401 of the Corporations
Code.

(B) Making reasonable investigations into the information so
provided.

(C) Denying or restricting a business license if the applicant
has provided materially false information.

(c) An owner or operator of a massage business or establishment
who is certified pursuant to this chapter shall be responsible for
the conduct of all employees or independent contractors working
on the premises of the business. Failure to comply with this chapter
may result in revocation of the owner’s or operator’s certificate in
accordance with Section 4603. Nothing in this section shall
preclude a local ordinance from authorizing suspension, revocation,
or other restriction of a license or permit issued to a massage
establishment or business if violations of this chapter, or of the
local ordinance, occur on the business premises.

(d) Nothing in this section shall preclude a city, county, or city
and county from adopting a local ordinance that is applicable to
massage businesses or establishments described in paragraph (1)
of subdivision (b) and that does either of the following:

(1) Provides that duly authorized officials of the city, county,
or city and county have the right to conduct reasonable inspections,
during regular business hours, to ensure compliance with this
chapter, the local ordinance, or other applicable fire and health
and safety requirements.

(2) Requires an owner or operator to notify the city, county, or
city and county of any intention to rename, change management,
or convey the business to another person.

(e) Nothing in this chapter shall be construed to preclude a city,
county, or city and county from requiring a background check of
an owner or operator of a massage establishment who owns 5
percent or more of a massage business or massage establishment
and who is not certified pursuant to this chapter. The background
check may include, but is not limited to, a criminal background
check, including requiring submission of fingerprints for a state
and federal criminal background check, submission of an
application that requires the applicant to state information,
including, but not limited to, the applicant’s business, occupation,
and employment history for the 10 years preceding the date of
application, the inclusive dates of same, and the name and address
of any massage business or other like establishment owned or
operated by any person who is subject to the background check
requirement of this subdivision. If a noncertified owner’s or
operator’s background check results in a finding that the city,
county, or city and county determines is relevant to owning or
operating a massage establishment, then the provisions of
subdivisions (a) and (b) shall not apply to that establishment and
the city, county, or city and county may regulate that establishment
in any manner it deems proper that is in accordance with the law.

(f) (1) Nothing in this chapter shall preclude a city, county, or
city and county from including a provision in a local ordinance
begin delete that requires end delete begin insert requiring end insert the owner or owners of a massage
establishment or business described in paragraph (1) of subdivision
(b) to apply for and receive a revocable certificate of registration.

(2) As part of the application for a certificate of registration, a
city, county, or city and county may require the following from
an applicant:

(A) The full true name under which the massage establishment
or business will be conducted.

(B) The present or proposed address where the massage
establishment or business will be conducted.

(C) The full true legal name and mailing address of the owner
or owners of the massage establishment or business.

(D) A copy of a certificate, or any other evidence of certification,
issued to each person pursuant to this chapter who will be providing
massage services at the massage establishment or business.

(E) A copy of a photographic government-issued identification
card of the owner or owners of the massage establishment or
business.

(F) A statement that the begin delete applicant end delete begin insert business end insert will only employ or
use persons certified pursuant to this chapter to provide massage
services and that failure to comply with this provision may result
in begin delete revocation of end delete begin insert suspension or revocation of, imposition of
conditions upon, or action against end insert the certificate of registration.

(G) A statement that the applicant will provide written
notification of any changes to the original application within 10
days of that change occurring.

(H) Authorization for the city, county, or city and county to
investigate the truth of the information contained in the application.

(I) The payment of a fee to conduct a background check pursuant
to subdivision (e) if the owner or owners of the massage
establishment or business applying for the certificate of registration
are not certified pursuant to this chapter and own 5 percent or more
of the massage establishment or business.

(3) A city, county, or city and county may require a massage
establishment or business to comply with any applicable local
ordinance, regulation, rule, requirement, or restriction begin delete passed
pursuant to subdivision (b) end delete begin insert that complies with subdivision (b) or
(d) end insert as a condition begin insert of end insert granting or maintaining a revocable certificate
of registration, including, but not limited to, those provisions
pertaining to health and safety begin delete or zoning end delete .

(4) A city, county, or city and county may exempt certain classes
of persons or businesses from compliance with the requirements
for a certificate of registration.

(5) A city, county, or city and county may make the certificate
of registration nontransferable.

(6) A city, county, or city and county begin delete may revoke end delete begin insert may, at its
sole discretion, suspend, revoke, impose conditions upon, or
otherwise act against end insert a certificate of registration for cause.