Amended in Senate June 17, 2014

Amended in Senate April 23, 2014

Amended in Assembly January 14, 2014

Amended in Assembly January 6, 2014

Amended in Assembly May 31, 2013

Amended in Assembly May 13, 2013

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 Members Bonilla, Gomez, and Holden

begin insert

(Coauthor: Assembly Member Skinner)

end insert

February 22, 2013

An act begin insert to amend Section 460 of, and end insert to add and repeal Chapter 10.5 (commencing with Section 4600) of Division 2 of begin insert , end insert the Business and Professions Code, begin insert and to amend Section 51034 of the Government Code, end insert relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1147, as amended, Bonilla. 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 or massage therapist. 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 reenact, revise, and recast these provisions to, among other things, begin delete additionally provide end delete begin insert to establish an interim board of directors to govern the council until September 1, 2015, and would provide for the appointment of a new board of directors consisting of 13 members, as specified, whose 4-year terms would begin on that date. The bill would authorize the board to establish fees reasonably related to the costs of providing services and performing its duties, not to exceed $300. The bill would require the board to provide at least 90 days’ advance notice prior to holding a meeting to vote upon a proposal to change the certification requirements or increase the certification fees, as specified, except as provided. The bill would also require the board to notify certificate holders of a board action that changes those requirements or increases those fees. end insert

begin insert This bill would delete provisions end insert for the registration of massage establishments and begin insert , instead, provide for end insert the certification of massage establishment operators begin insert and sole provider massage establishment operators end insert , as specified. The bill would discontinue the issuance of new massage practitioner certificates after January 1, 2015, except as provided, but would authorize the renewal of massage practitioner certificates issued prior to January 1, 2015. The bill would require that all certificates begin delete or registrations end delete issued pursuant to these provisions be subject to renewal every 2 years, except as provided. The bill begin delete would require the board of directors of the council to adopt requirements for the continuing education of certificate holders, as specified, and end delete would require the council to inspect and approve schools or continuing education providers.

The bill would authorize the council to deny an application for a certificate begin delete or registration end delete , or to discipline a certificate begin delete holder or registered establishment end delete begin insert holder end insert for begin insert a end insert violation of these provisions, as specified. The bill would require the board to exercise its denial or discipline authority by means of fair and reasonable procedures that, among other things, provide the begin delete applicant, end delete begin insert applicant or end insert certificate begin delete holder, or registered establishment end delete begin insert holder end insert with notice and an opportunity to be heard, as specified. The bill would provide that unprofessional conduct in violation of these provisions includes, among other things, engaging in sexually suggestive advertising related to massage services and engaging in sexual activity while providing massage services for compensation.

The bill would, notwithstanding any other law, prohibit a city, county, or city and county from enacting an ordinance that conflicts with these provisions and would prohibit any conflicting ordinance that is in effect before the effective date of these provisions from being enforced against a certificate holder or registered establishment. However, the bill would authorize a city, county, or city and county to enact ordinances that require a certificate holder or registered establishment to, among other things, obtain a license, permit, or other authorization, as specified, and abide by reasonable health and safety requirements, as specified.

The bill would authorize a court to issue an injunction or to provide any other relief it deems appropriate for violations of these provisions, as specified. The bill would provide that the powers and duties of the council are subject to review by the appropriate committees of the Legislature and would require the council to provide a specified report to these committees on or before June 1, 2016.

The bill would provide that these provisions are issues of statewide concern, and therefore applicable statewide. The bill would also provide that its provisions begin delete be end delete begin insert are end insert severable.

The bill would repeal these provisions on January 1, 2017.

begin insert

The bill would also make clarifying and conforming changes regarding local regulation of massage establishments or businesses.

end insert

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

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

SECTION 1.  

begin insert (a) end insert begin insert   end insert It is the intent of Legislature that this act
enable consumers and local governments to more easily identify
trained massage professionals, provide for the consistent and
statewide certification and oversight of massage professionals,
ensure that schools teaching massage provide a high level of
training and protection for students, assist local governments and
law enforcement in maintaining the highest standards of
performance by certificated professionals, begin delete and end delete provide for a
self-funded nonprofit oversight body to certify massage
professionals, begin delete register massage establishments, end delete and ensure full
compliance with, and execution of, the requirements of this act.

begin insert

(b) It is the intent of the Legislature that broad control over
land use in regulating massage establishments be returned to local
governments so that they may manage those establishments in the
best interest of the individual community, and that the requirements
and practice of the profession of massage therapy remain a matter
of statewide concern, regulation, and oversight.

end insert begin insert

(c) It is further the intent of the Legislature that local
governments, law enforcement, nonprofit stakeholders, the massage
industry, and massage professionals work together going forward
to improve communication and share information to further
increase the value of statewide certification, and also to develop
a model ordinance reflecting best practices in massage regulation
for cities and counties to adopt that will respect local control,
patient privacy, and the dignity of the profession of massage
therapy.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 460 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

460.  

(a) No city or county shall prohibit a person or group of
persons, authorized by one of the begin delete agencies end delete begin insert boards end insert in the
Department of Consumer Affairs begin insert or a regulatory body established
pursuant to this code end insert by a license, certificate, or other such means
to engage in a particular business, from engaging in that business,
occupation, or profession or any portion thereof.

(b) No city, county, or city and county shall prohibit a healing
arts professional licensed with the state under Division 2
(commencing with Section 500) from engaging in any act or
performing any procedure that falls within the professionally
recognized scope of practice of that licensee.

(1) This subdivision shall not be construed to prohibit the
enforcement of a local ordinance in effect prior to January 1, 2010,
related to any act or procedure that falls within the professionally
recognized scope of practice of a healing arts professional licensed
under Division 2 (commencing with Section 500).

(2) This subdivision shall not be construed to prevent a city,
county, or city and county from adopting or enforcing any local
ordinance governing zoning, business licensing, or reasonable
health and safety requirements for establishments or businesses
of a healing arts professional licensed under Division 2
(commencing with Section 500).

(c) Nothing in this section shall prohibit any city, county, or
city and county from levying a business license tax solely for
revenue purposes, nor any city or county from levying a license
tax solely for the purpose of covering the cost of regulation.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Chapter 10.5 (commencing with Section 4600) is added
to Division 2 of the Business and Professions Code, to read:

 

Chapter  10.5. Massage Therapy Act

 

4600.  

This chapter shall be known and may be cited as the
Massage Therapy Act. Whenever a reference is made to the
Massage Therapy Act by any statute, it shall be construed to refer
to this chapter.

4601.  

As used in this chapter, the following terms shall have
the following meanings:

(a) “Approved school” or “approved massage school” means a
school approved by the council that meets minimum standards for
training and curriculum in massage and related subjects, that meets
any of the following requirements, and that has not been otherwise
disapproved by the council:

(1) Is approved by the Bureau for Private Postsecondary
Education.

(2) Is approved by the Department of Consumer Affairs.

(3) Is an institution accredited by the Accrediting Commission
for Senior Colleges and Universities or the Accrediting
Commission for Community and Junior Colleges of the Western
Association of Schools and Colleges and that is one of the
following:

(A) A public institution.

(B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, and that is not managed by any entity for profit.

(C) A for-profit institution.

(D) An institution that does not meet all of the criteria in
subparagraph (B) that is incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, that has been in continuous operation since
April 15, 1997, and that is not managed by any entity for profit.

(4) Is a college or university of the state higher education system,
as defined in Section 100850 of the Education Code.

(5) Is a school requiring equal or greater training than what is
required pursuant to this chapter and is recognized by the
corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.

(b) “Certificate” means a valid certificate issued by the council
pursuant to this chapter.

(c) “Compensation” means a payment, loan, advance, donation,
contribution, deposit, or gift of money, or anything of value.

(d) “Council” means the California Massage Therapy Council
created pursuant to this chapter, which shall be a nonprofit
organization exempt from taxation under Section 501(c)(3) of Title
26 of the United States Code.

(e) “Massage” means the scientific manipulation of the soft
tissues. For purposes of this chapter, the terms “massage” and
“bodywork” shall have the same meaning.

(f) “Massage establishment” or “establishment” means a
begin delete business, studio, facility, or other entity that provides massage for
compensation on its premises. end delete begin insert location where massage is
performed for compensation, excluding those locations where
massage is only provided on an out-call basis. end insert

(g) “Massage practitioner” means a person who is certified by
the council begin delete under end delete begin insert pursuant to end insert Section 4604.2 and who administers
massage for compensation.

(h) “Massage therapist” means a person who is certified by the
council under Section 4604 and who administers massage for
compensation.

begin delete

(i) “Registration” means a valid establishment registration issued
by the council pursuant to this chapter.

end delete begin delete

(j) “Registered massage establishment” or “registered
establishment” means a massage establishment that is registered
with the council pursuant to Section 4613 as employing or using
only certificate holders to administer massage for compensation,
and that is in good standing and otherwise in compliance with the
requirements of this chapter.

end delete begin delete

(k)

end delete

begin insert (i) end insert  “Operator” means a person, whether owner or nonowner,
who begin delete manages the day-to-day operations of a massage establishment
and supervises two or more certificate holders in the administration
of massage for compensation end delete begin insert meets the requirements of Section
4604.1 end insert . An operator need not be an owner of the establishment begin insert or
a certified massage therapist or practitioner end insert .

begin delete

(l) “Owner” means a person having any ownership interest in
a massage establishment, including, but not limited to, an officer,
director, manager, or partner of a corporation, a partnership, or
any other business entity, formation, or relationship.

end delete begin insert

(j) “Sole provider” means a massage business where the owner
owns 100 percent of the business, is the only person who provides
massage services for compensation for that business pursuant to
a valid and active certificate issued in accordance with this
chapter, and has no other employees.

end insert

4602.  

(a) The California Massage Therapy Council, as defined
in subdivision (d) of Section 4601, is hereby established and shall
carry out the responsibilities and duties set forth in this chapter.

(b) The council may take any reasonable actions necessary to
carry out the responsibilities and duties set forth in this chapter,
including, but not limited to, begin delete the end delete hiring begin delete of end delete staff, entering into
contracts, and developing policies and procedures to implement
this chapter.

(c) The council may require background checks for all
employees, contractors, volunteers, and board members as a
condition of their employment begin insert , formation of a contractual
relationship, end insert or participation in council activities.

(d) The council shall issue a certificate to an individual applicant
who satisfies the requirements of this chapter for that certificate,
and shall issue a registration to a massage establishment that
satisfies the requirements of this chapter.

(e) The council begin delete shall end delete begin insert is authorized to end insert determine begin delete that end delete begin insert whether end insert
the information provided to the council in relation to the
certification of an applicant or registration of an establishment is
true and correct and meets the requirements of this chapter. If the
council has any reason to question whether begin delete or not end delete the information
provided is true or correct or meets the requirements of this chapter,
the council is authorized to make any investigation it deems
necessary to establish that the information received is accurate and
satisfies any criteria established by this chapter.

(f) Until begin delete July end delete begin insert September end insert 1, 2015, the council shall be governed
by a board of directors comprised of two representatives selected
by each professional society, association, or other entity, which
membership is comprised of massage therapists and that chooses
to participate in the council. To qualify, a professional society,
association, or other entity shall have a dues-paying membership
in California of at least 1,000 individuals for the last three years
and shall have bylaws that require its members to comply with a
code of ethics. The board of directors shall also include each of
the following persons:

(1) One member selected by each statewide association of
private postsecondary schools incorporated on or before January
1, 2010, which member schools have together had at least 1,000
graduates in each of the previous three years from massage therapy
programs that meet the approval standards set forth in subdivision
(a) of Section 4601, begin delete except from those end delete begin insert unless a end insert qualifying begin delete associations that choose end delete begin insert association chooses end insert not to exercise this
right of selection.

(2) One member selected by the League of California Cities,
unless that entity chooses not to exercise this right of selection.

(3) One member selected by the California State Association
of Counties, unless that entity chooses not to exercise this right of
selection.

(4) One member selected by the Director of Consumer Affairs,
unless that entity chooses not to exercise this right of selection.

(5) One member appointed by the Office of the Chancellor of
the California Community Colleges, unless that entity chooses not
to exercise this right of selection. The person appointed, if any,
shall not be part of any massage therapy certificate or degree
program.

(6) The council’s bylaws shall establish a process for appointing
other professional directors, as determined by the board.

(g)  begin delete On July end delete begin insert At 12 p.m. Pacific Standard Time on September end insert 1,
2015, the begin insert term of each member of the end insert board of directors established
pursuant to subdivision (f) shall begin delete be dissolved end delete begin insert terminate end insert , and the
begin delete council end delete begin insert terms of 13 new members of the board of directors who end insert
shall begin delete instead end delete be begin delete governed by a board of directors comprised of 11
members end delete chosen in the following manner begin insert , shall begin end insert :

(1) One member shall be a representative of the League of
California Cities, unless that entity chooses not to exercise this
right begin delete of selection end delete begin insert to appoint end insert .

(2) One member shall be a representative of the California Police
Chiefs Association, unless that entity chooses not to exercise this
right begin delete of selection end delete begin insert to appoint end insert .

(3) One member shall be a representative of the California State
Association of Counties, unless that entity chooses not to exercise
this right begin delete of selection end delete begin insert to appoint end insert .

(4) One member shall be begin delete appointed to the board by the Senate
Committee on Rules, who shall be a member of the public end delete begin insert a
representative of an antihuman trafficking organization to be
determined by that entity unless that entity chooses not to exercise
this right to appointment end insert .

(5) One member begin delete shall be end delete appointed begin delete to the board end delete by the begin delete Speaker
of the Assembly, who shall be a member of the public end delete begin insert Office of
the Chancellor of the California Community Colleges, unless that
office chooses not to exercise this right of appointment. The
appointee shall not be participating in any massage therapy
certificate or degree program end insert .

begin delete

(6) Six members shall be appointed to the board by the
Governor. One member shall represent the Department of
Consumer Affairs, one member shall be a member of the public,and
four members shall be representatives of the massage industry.

end delete begin insert

(6) Two members shall be appointed by the Director of
Consumer Affairs, one of whom shall be a public member and one
of whom shall be a California-certified massage therapist or
practitioner who has been practicing for at least three years, unless
the director chooses not to exercise this right of appointment.

end insert begin insert

(7) One member appointed by the California Association of
Private Postsecondary Schools.

end insert begin insert

(8) One representative shall be appointed by the American
Massage Therapy Association, California Chapter, who shall be
a California-certified massage therapist or massage practitioner
who is a California resident and who has been practicing massage
for at least three years.

end insert begin insert

(9) (A) One representative, who shall be a certified massage
therapist or a certified massage practitioner who is a California
resident who has practiced massage for at least three years prior
to the appointment, selected by a professional society, association,
or other entity which membership is comprised of massage
therapist professionals, and that chooses to participate in the
council. To qualify, a professional society, association, or other
entity shall have a dues-paying membership in California of at
least 1,000 individuals, have been established since 2000, and
shall have bylaws that require its members to comply with a code
of ethics.

end insert begin insert

(B) If there is more than one professional society, association,
or other entity that meets the requirements of subparagraph (A),
the appointment shall rotate based on a four-year term between
each of the qualifying entities. The qualifying entity shall maintain
its appointment authority during the entirety of the four-year term
during which it holds the appointment authority. The order in
which a qualifying professional society, association, or other entity
has the authority to appoint shall be determined by alphabetical
order based on the full legal name of the entity as of January 1,
2014.

end insert begin insert

(10) The members appointed to the board in accordance with
paragraphs (1) to (9), inclusive, shall appoint three additional
members, at a duly held board meeting in accordance with the
board’s bylaws. One of those appointees shall be an attorney
licensed by the State Bar of California, who has been practicing
law for at least three years and who at the time of appointment
represents a city in the state. One of those appointees shall
represent a massage business entity that has been operating in the
state for at least three years.

end insert

(h) Board member terms shall be begin insert for end insert four years.

(i) The board of directors shall establish fees reasonably related
to the cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees for certificates
shall be in an amount sufficient to support the functions of the
council in the administration of this chapter, but in no event shall
exceed begin delete two hundred fifty dollars ($250) end delete begin insert three hundred dollars
($300) end insert . The renewal fee shall be reassessed biennially by the board.

(j) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code). begin insert The board may adopt additional policies
and procedures that provide greater transparency to certificate
holders and the public than required by the Bagley-Keene Open
Meeting Act. end insert

begin insert

(k) Prior to holding a meeting to vote upon a proposal to change
the certification requirements or increase the certification fees,
the board shall provide at least 90 days’ notice of the meeting,
including posting a notice on the council’s Internet Web site, and
sending a notice either by regular mail or email to certificate
holders and affected applicants, in advance of the vote, unless at
least two-thirds of the board members concur that there is an active
threat to public safety and that voting at a meeting without prior
notice is required.

end insert begin insert

(l) If the board approves a change to the certification
requirements or an increase in the certification fees, the council
shall update all relevant areas of its Internet Web site and notify
all certificate holders and affected applicants by a notice sent
either by regular mail or email within 14 days of the board’s
action.

end insert

4603.  

Protection of the public shall be the highest priority for
the council in exercising its certification, registration, begin delete disciplinary, end delete
begin insert disciplinary authority, end insert and other functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.

4604.  

(a) 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, that incorporates appropriate school
assessment of student knowledge and skills.

(A) Of the 500 hours, a minimum of 100 hours of instruction
shall address anatomy and physiology, contraindications, health
and hygiene, and business and ethics.

(B)  begin delete Of end delete begin insert All of end insert the 500 hours begin delete , a minimum of 250 hours end delete shall be
from begin delete approved end delete schools begin delete . The remaining 250 hours required may
be secured either from approved schools or from a continuing
education provider end delete approved by the council.

(3) The applicant has passed a massage and bodywork
competency assessment examination that meets generally
recognized psychometric principles and begin delete standards, end delete begin insert standards end insert 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) The applicant has successfully passed a background
investigation pursuant to Section 4606 begin insert , and has not violated any
of the provisions of this chapter end insert .

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

begin insert

(6) The council may issue a certificate to an applicant who
meets the qualifications of this chapter if he or she holds a current
and valid registration, certification, or license from any other state
whose licensure requirements meet or exceed those defined within
this chapter. If an applicant has received education at a school
that is not approved by the council, the council shall have the
discretion to give credit for comparable academic work completed
by an applicant in a program outside of California.

end insert

(b) A certificate issued pursuant to this chapter and any
identification card issued by the council shall be surrendered to
the council by any certificate holder whose certificate begin delete has been end delete begin insert is end insert
suspended or revoked.

4604.1.  

(a) In order to obtain certification as a massage
establishment operator, 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 begin insert an educational
program approved by the council that includes end insert curricula
begin insert determined to be relevant by the council end insert related to begin delete massage
management and related subjects totaling a minimum of end delete begin insert public
protection not to exceed end insert 50 hours, or the credit unit equivalent,
that incorporates begin delete health and hygiene, and business and ethics end delete
begin insert appropriate school assessment of student knowledge and skills end insert .
The begin delete 50 end delete begin insert required end insert hours begin delete may end delete begin insert shall end insert be secured begin delete either end delete from begin delete approved
schools or from a continuing education end delete begin insert one end insert provider approved by
the council begin insert to teach the educational program required by this
paragraph end insert . begin insert The council shall determine the relevant curricula and
the total number of education hours, or credit unit equivalent, that
shall be required for certification pursuant to this paragraph. end insert

(3) The applicant has successfully passed a background
investigation pursuant to Section 4606 begin insert and has not violated any
provision of this chapter end insert .

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

begin insert

(b) A person certified pursuant to this chapter as a massage
therapist, massage practitioner, or conditionally certified as a
massage practitioner who holds a valid and active certification
and is also a sole provider shall be issued certification as a sole
provider massage establishment operator upon written request
and payment of all fees required by the council, without having to
meet the other requirements of paragraph (2) of subdivision (a).
The sole provider massage establishment operator certification
shall be valid only as long as the certificate holder meets the
definition of a sole provider set forth in subdivision (m) of Section
4601. The certificate shall terminate immediately, by operation of
law without further action, when the certificate holder no longer
meets the definition of a sole provider.

end insert begin delete

(b)

end delete

begin insert (c) end insert  A certificate issued pursuant to this chapter and any
identification card issued by the council shall be surrendered to
the council by any certificate holder whose certificate begin delete has been end delete begin insert is end insert
suspended or revoked.

begin delete

(c) An operator of a

end delete

begin insert (d) end insert begin insert   end insert begin insert A end insert massage establishment begin insert operator end insert may be held responsible
and disciplined by the council for conduct by any employee,
independent contractor, or volunteer working on the premises of
the operator’s establishment that violates any law or the policies
and procedures of the council, if the operator knew or should have
known of the conduct.

begin delete

(d)

end delete

begin insert (e) end insert  A certificate may be issued by the council pursuant to this
section on or after January 1, 2016.

4604.2.  

(a) The council shall not begin insert accept applications to end insert issue
any new certificates to practice as a certified massage practitioner
on or after begin delete January end delete begin insert August end insert 1, 2015.

(b) Certificates to practice as a certified massage practitioner
begin delete issued end delete begin insert for applications accepted end insert prior to January 1, 2015, may be
begin delete renewed, if the certificate holder continues to be qualified pursuant
to this chapter and is not otherwise out of compliance with the
requirements of this chapter end delete begin insert renewed without any additional
educational requirements end insert .

(c) A massage practitioner certificate begin delete issued prior to January 1,
2015, end delete and any identification card issued by the council, shall be
surrendered to the council by any certificate holder whose
certificate begin delete has been end delete begin insert is end insert suspended or revoked.

4604.3.  

(a) A person who was issued a conditional certificate
to practice as a massage practitioner shall, within five years of
being issued the conditional certificate begin insert by the council end insert , complete
begin insert and report to the council the completion of, end insert at least 30 hours of
additional education per year from approved schools or from
begin insert continuing education end insert providers approved by the council begin insert , until he
or she has completed a total of at least 250 hours of education end insert .

(b)  A conditional certificate begin insert issued to any person pursuant to
this section end insert shall immediately be nullified, without need for further
action by the council, if proof of completion of the requirements
specified in subdivision (a) is not filed with the council within begin delete five
years of the issuance of the conditional certificate end delete begin insert the time period
specified in subdivision (a) end insert .

(c) Notwithstanding subdivision (a) of Section 4604.2, the
council shall issue a new certificate to practice as a massage
practitioner to a person that successfully completes the
requirements described in subdivision (a).

4605.  

begin delete (a) end delete begin delete   end delete Except as otherwise provided, a certification begin delete or
registration end delete issued pursuant to this chapter shall be subject to
renewal every two years in the manner prescribed by the council.
A certificate begin delete or registration end delete issued by the council shall expire after
two years unless renewed as prescribed. The council may provide
for the late renewal of a certificate or registration.

begin delete

(b) To the extent required by this chapter, a certificate holder
seeking renewal shall submit proof satisfactory to the council that,
during the preceding two years, he or she has completed the
required number of continuing education hours in an approved
form and from an approved provider, as determined by the council.

end delete

4606.  

(a) Prior to issuing a certificate begin delete or a registration end delete to an
applicant, or designating a custodian of records, the council shall
require the applicant or the custodian of records candidate to submit
fingerprint images as directed by the council and in a form
consistent with the requirements of this section.

(b) The council shall submit the fingerprint images and related
information to the Department of Justice for the purpose of
obtaining information as to the existence and nature of a record of
state and federal level convictions and of state and federal level
arrests for which the Department of Justice establishes that the
applicant or candidate was released on bail or on his or her own
recognizance pending trial.

(c) Requests for federal level criminal offender record
information received by the Department of Justice pursuant to this
section shall be forwarded to the Federal Bureau of Investigation
by the Department of Justice. The Department of Justice shall
review the information returned from the Federal Bureau of
Investigation, and shall compile and disseminate a fitness
determination regarding the applicant or candidate to the council.
The Department of Justice shall provide information to the council
pursuant to subdivision (p) of Section 11105 of the Penal Code.

(d) The Department of Justice and the council begin delete may end delete begin insert shall end insert charge
a fee sufficient to cover the cost of processing the request for state
and federal level criminal offender record information.

(e) The council shall request subsequent arrest notification
service from the Department of Justice, as provided under Section
11105.2 of the Penal Code, for all applicants for certification or
registration, or custodian of records candidates for whom
fingerprint images and related information are submitted to conduct
a search for state and federal level criminal offender record
information.

(f) The council is authorized to receive arrest notifications and
other background material about applicants and certificate begin delete and
registration end delete holders from a city, county, or city and county.

begin delete

4607.  

(a) The council shall adopt requirements for the
continuing education of certificate holders, to become effective
on the date specified by the council. The requirements shall address
the total number of hours required, acceptable forms of continuing
education, approved providers of continuing education, and any
other matters deemed necessary by the council. Continuing
education requirements for certificate holders shall not exceed 30
hours every two years.

(b) The council shall perform random audits in order to ensure
compliance with these requirements.

(c) The administration of this section may be funded through
renewal fees and continuing education provider fees, not to exceed
the amounts necessary to cover the reasonable costs of
administering this section.

(d) This section shall become effective on January 1, 2016.

end delete

4608.  

In addition to the other requirements of this chapter, a
certificate holder shall:

(a) Display his or her original certificate wherever he or she
provides massage for compensation. A certificate holder shall have
his or her identification card in his or her possession while
providing massage services for compensation.

(b) Provide his or her full name and certificate number upon
the request of a member of the public, the council, or a member
of law enforcement, or a local government agency charged with
regulating massage or massage establishments, at the location
where he or she is providing massage services for compensation.

(c) Include the name under which he or she is certified and his
or her certificate number in any and all advertising of massage for
compensation.

(d) Notify the council within 30 days of any changes in the
certificate holder’s home address or the address of any massage
establishment or other location where he or she begin delete regularly practices
massage end delete begin insert provides massage for compensation, excluding those
locations where massage is only provided on an out-call basis, or
is employed as a massage establishment operator. A certificate
holder also shall notify the council of his or her primary email
address, if any, and notify the council within 30 days of a change
of the primary email address end insert .

4609.  

(a) It is a violation of this chapter for begin insert an applicant or end insert a
certificate holder to commit any of the following acts begin insert , the
commission of which is grounds for the council to deny an
application for a certificate or to impose discipline on a certificate
holder end insert :

(1) Unprofessional conduct, including, but not limited to, any
of the following:

(A) Engaging in sexually suggestive advertising related to
massage services.

(B) Engaging in any form of sexual activity on the premises of
a massage establishment where massage is provided for
compensation, excluding a residence.

(C) Engaging in sexual activity while providing massage
services for compensation.

(D) Practicing massage on a suspended begin delete license, end delete begin insert certificate end insert or
practicing outside of the conditions of a restricted begin delete license end delete
begin insert certificate end insert .

begin insert

(E) Providing massage of the genitals or anal region, or of
female breasts, for compensation without the written consent of
the person receiving the massage and supervision by a physician.

end insert

(2) Procuring or attempting to procure a certificate by fraud,
material misrepresentation, or mistake.

begin insert

(3) Failing to fully disclose all information requested on the
application.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to in this chapter for the
issuance of a certificate.

begin delete

(4)

end delete

begin insert (5) end insert  Impersonating a certificate holder, or permitting or allowing
a noncertified person to use a certificate.

begin delete

(5)

end delete

begin insert (6) end insert  Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or any rule or bylaw adopted by the
council.

begin delete

(6)

end delete

begin insert (7) end insert  Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a certificate
holder.

begin delete

(7) Being the subject, while holding a valid certificate, of a
denial

end delete

begin insert (8) end insert begin insert   end insert begin insert Denial end insert of licensure, revocation, suspension, restriction,
begin insert citation, end insert or any other disciplinary action begin insert against an applicant or
certificate holder end insert by another state or territory of the United States,
by any other government agency, or by another California health
care professional licensing begin delete board, or having been the subject of
such discipline before submitting an application without fully
disclosing that fact to the council end delete begin insert board end insert . A certified copy of the
decision, order, begin delete or end delete judgment begin insert , or citation end insert shall be conclusive
evidence of these actions.

begin delete

(8)

end delete

begin insert (9) end insert  Being convicted of any felony, misdemeanor, infraction, or
municipal code violation, or being held liable in an administrative
or civil action for an act, that is substantially related to the
qualifications, functions, or duties of a certificate holder while
holding a valid certificate. A record of the conviction or other
judgment begin insert or liability end insert shall be conclusive evidence of the crime or
liability.

begin delete

(9) Having been convicted of crimes or held liable for acts
described in paragraph (8) prior to submitting an application for
certification and failing to fully disclose that fact to the council.
A record of the conviction or other judgment shall be conclusive
evidence of the crime or liability.

end delete begin insert

(10) Dressing while engaged in the practice of massage for
compensation in a manner that exposes the certificate holders
breasts or genitals, is transparent or see-through, or that otherwise
constitutes a violation of Section 314 of the Penal Code.

end insert begin delete

(10)

end delete

begin insert (11) end insert  Committing any act punishable as a sexually related crime
or being required to register pursuant to the Sex Offender
Registration Act (Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1 of the Penal Code), or being required to register
as a sex offender in another state.

begin delete

(11) Failing to pay fines or fees levied by a city, county, or city
and county for violations pertaining to the practice of massage
within 90 days of becoming due, unless a formal dispute process
is pending, the certificate holder is in bankruptcy proceedings, or
the fines or fees are otherwise waived by the council.

end delete

(b) The council may deny an application for a certificate begin delete or
registration end delete for the commission of any of the acts described in
subdivision (a). The council may also discipline a certificate begin delete holder
or registered massage establishment end delete begin insert holder end insert , in any manner
permitted by this chapter, for the commission of any of those acts
by a certificate begin delete holder, or by an employee, contractor, or volunteer
of a registered establishment while on the premises, if any owner
or operator of the establishment knew or should have known of
the acts end delete begin insert holder end insert .

4610.  

(a) An applicant for a certificate begin delete or registration end delete shall not
be denied a certificate begin delete or registration end delete , and a certificate holder begin delete or
registered establishment end delete shall not be begin delete disciplined, end delete begin insert disciplined end insert
pursuant to this chapter except according to procedures begin delete satisfying end delete
begin insert that satisfy end insert the requirements of this section. Denial or discipline
begin insert that is end insert not in accord with this section shall be void and without
effect.

(b) The council may discipline a certificate holder begin delete or a registered
establishment end delete by any, or a combination, of the following methods:

(1) Placing the certificate holder begin delete or registered establishment end delete on
probation, which may include limitations or conditions on practice.

(2) Suspending the certificate begin delete or registration end delete and the rights
conferred by this chapter on a certificate holder or registered
establishment for a period not to exceed one year.

(3) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.

(4) Revoking the begin delete certificate or registration. end delete begin insert certificate. end insert

(5) Taking other action as the council, as authorized by this
chapter or begin delete its bylaws, end delete begin insert policies adopted by the board, end insert deems proper.

(c) The council may issue an initial certificate begin delete or registration end delete
on probation, with specific terms and conditions, to any applicant.

begin delete

(d) A registered establishment may be held accountable for the
conduct of employees, independent contractors, and volunteers
working on the premises of the establishment, including individuals
not authorized to provide massage services for compensation, and
may be disciplined by the council pursuant to this chapter, if any
owner or operator of the registered establishment knew or should
have known of the conduct.

end delete begin delete

(e)

end delete

begin insert (d) end insert  Any denial or discipline shall be decided upon and imposed
in good faith and in a fair and reasonable manner. Any procedure
that conforms to the requirements of subdivision (f) is fair and
reasonable, but a court may also find other procedures to be fair
and reasonable when the full circumstances of the denial or
discipline are considered.

begin delete

(f)

end delete

begin insert (e) end insert  A procedure is fair and reasonable begin insert if the procedures specified
in subdivision (f) or (g) are followed or end insert if all of the following
apply:

(1) Denial or discipline shall be based on a preponderance of
the evidence. In determining the basis for the denial or discipline,
the council may consider all written documents or statements as
evidence, but shall weigh the reliability of those documents or
statements.

(2) The provisions of the procedure are publically available on
the council’s Internet Web site.

(3) The council provides 15 calendar days prior notice of the
denial or discipline and the reasons for the denial or discipline.

(4)  The council provides an opportunity for the applicant,
certificate holder, begin delete or registered establishment end delete to be heard, orally
or in writing, not less than five days before the effective date of
the denial or discipline, by a person or body authorized to decide
whether begin delete or not end delete the proposed denial or discipline should go into
effect.

begin delete

(g)

end delete

begin insert (f) end insert  (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
647 of the Penal Code or any other offense described in paragraph
(10) of subdivision (a) of Section 4609, the council shall
immediately suspend, on an interim basis, the certificate of that
certificate holder, and take all of the following additional actions:

(A) Notify the certificate holder at the address last filed with
the council that the certificate has been suspended and the reason
for the suspension within begin delete 5 end delete begin insert 10 end insert business days.

(B)  begin delete Notify any establishment or employer, whether public or
private, that the end delete begin insert The end insert council begin delete has in its records as employing end delete begin insert shall
notify the clerk of the city, county, or city and county when end insert the
certificate begin delete holder that the certificate has been end delete begin insert is end insert suspended begin insert pursuant
to this section end insert within begin delete 5 end delete begin insert 10 end insert business days begin insert of the decision to suspend end insert .

(2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the council begin delete may end delete begin insert shall end insert
permanently revoke the suspended begin delete permit. However, the certificate
shall remain suspended during any appeal of the conviction end delete
begin insert certificate end insert . The council shall provide notice to the certificate holder begin insert ,
at the address last filed with the council by a method providing
delivery confirmation, end insert within 10 business days that it has evidence
of a valid record of conviction and that the certificate will be
revoked unless the certificate holder provides evidence within 15
days from the date of begin delete receiving end delete begin insert the council’s mailing of the end insert notice
that the begin delete evidence of end delete conviction is begin delete incorrect end delete begin insert either invalid end insert or that
the begin delete conviction end delete begin insert information end insert is begin delete under appeal end delete begin insert otherwise erroneous end insert .

(3) Upon notice that the charges described in paragraph (1) have
resulted in an acquittal or have been otherwise dismissed prior to
conviction, the certificate shall be immediately reinstated and the
certificate holder and any establishment or employer that received
notice pursuant to this section shall be notified of the reinstatement
within begin delete 5 end delete begin insert 10 end insert business days.

begin delete

(h)

end delete

begin insert (g) end insert  (1)  Notwithstanding any other law, if the council determines
that a certificate holder has committed an act punishable as a
sexually related crime or a felony that is substantially related to
the qualifications, functions, or duties of a certificate holder, the
council may immediately suspend the certificate of that certificate
holder. A determination to immediately suspend a certificate
pursuant to this subdivision shall be based upon a preponderance
of the evidence and the council shall also consider any available
credible mitigating evidence before making a decision. Written
statements by any person shall not be considered by the council
when determining whether to immediately suspend a certificate
unless made under penalty of perjury. If the council suspends a
certificate in accordance with this subdivision, the council shall
take all of the following additional actions:

(A) Notify the certificate holder begin insert within 10 business days end insert , at the
address last filed with the council, by a method providing delivery
confirmation, that the certificate has been suspended, the reason
for the suspension, and that the certificate holder has the right to
request a hearing pursuant to paragraph begin delete (3) within 5 business days end delete
begin insert (2) end insert .

(B) Notify by begin delete electronic mail end delete begin insert email end insert or any other means
consistent with the notice requirements of this chapter, any business
or employer, whether public or private, that the council has in its
records as employing or contracting with the certificate holder for
massage services, and the California city, county, or city and
county that has jurisdiction over that establishment or employer,
that the certificate has been suspended within begin delete 5 end delete begin insert 10 end insert business days.

(2) A certificate holder whose certificate is suspended pursuant
to this subdivision shall have the right to request, in writing, a
hearing to challenge the factual basis for the suspension. If the
holder of the suspended certificate requests a hearing on the
suspension, the hearing shall be held within 30 calendar days after
receipt of the request. A holder whose certificate is suspended
based on paragraph (1) shall be subject to revocation or other
discipline in accordance with subdivision (a).

(3) If the council determines, after a hearing conducted pursuant
to this subdivision, to lift the suspension, the certificate shall be
immediately reinstated and the certificate holder, any establishment
or employer, and the begin delete California end delete city, county, or city and county
that has jurisdiction over that establishment or employer, that
received notice pursuant to this section shall be notified of the
reinstatement within begin delete 5 end delete begin insert 10 end insert business days.

begin delete

(i)

end delete

begin insert (h) end insert  Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail shall be given by first-class or certified mail sent to
the last address of the applicant, certificate holder, or registered
establishment shown on the council’s records.

begin delete

(j)

end delete

begin insert (i) end insert   An begin delete applicant, end delete begin insert applicant or end insert certificate holder begin delete , or registered
establishment end delete may challenge a denial or discipline begin insert decision end insert issued
pursuant to this section in a court of competent jurisdiction. Any
action challenging a denial or discipline, including any claim
alleging defective notice, shall be commenced within one year
after the begin insert effective end insert date of the denial or discipline. If the action is
successful, the court may order any relief, including reinstatement,
that it finds equitable under the circumstances.

begin delete

(k)

end delete

begin insert (j) end insert  This section governs only the procedures for denial or
discipline begin insert decision end insert and not the substantive grounds for the denial
or discipline. Denial or discipline based upon substantive grounds
that violates contractual or other rights of the applicant, certificate
holder, or registered establishment, or is otherwise unlawful, is
not made valid by compliance with this section.

4611.  

(a) It is an unfair business practice for a person to do
any of the following:

(1) To hold himself or herself out or to use the title of “certified
massage therapist,” “certified massage practitioner,” begin insert “certified
operator,” end insert or any other term, such as “licensed,” “certified,”
begin delete “registered,” end delete “CMT,” or “CMP,” begin insert in any manner whatsoever end insert that
implies or suggests that the person is certified as a massage
therapist or begin delete practitioner without meeting the requirements of
Section 4604 or 4604.2 end delete begin insert massage establishment operator, unless
that person currently holds an active and valid certificate issued
by the council pursuant to this chapter end insert .

begin delete

(2) To hold his or her massage establishment out or to use the
title of “registered massage establishment,” “certified massage
establishment,” or any other term, such as “licensed,” “certified,”
“registered,” or “RME,” that implies or suggests that the
establishment is a registered massage establishment without
meeting the requirements of Section 4613.

(3)

end delete

begin insert (2) end insert  To falsely state or advertise or put out any sign or card or
other device, or to falsely represent to the public through any print
or electronic media, that he or she or any other individual is
licensed, certified, or registered by a governmental agency as a
massage therapist begin delete or end delete begin insert or, end insert massage practitioner, or begin delete that an
establishment is registered pursuant to this chapter end delete begin insert massage
establishment operator end insert .

(b) In addition to any other available remedies, engaging in any
of the prohibited behaviors described in subdivision (a) constitutes
unfair competition under Section 17200.

4612.  

(a) Notwithstanding any other law, a city, county, or
city and county shall not enact an ordinance that conflicts with
this chapter, nor shall any ordinance enacted by a city, county, or
city and county begin insert or enforce an ordinance end insert that is in effect before the
effective date of this chapter that conflicts with this begin delete chapter be
enforced against a certificate holder or registered massage
establishment end delete begin insert chapter end insert .

(b) A city, county, or city and county begin delete may end delete begin insert shall not end insert enact an
ordinance begin delete pursuant end delete begin insert relating end insert to begin delete Section 37101 of the Government
Code that requires a certificate holder or registered massage
establishment to: end delete begin insert a certified massage therapist, certified massage
practitioner, or certified massage establishment operator that does
any of the following: end insert

begin delete

(1) Obtain a license, permit, or other authorization if the license,
permit, or other authorization is required of any other individual
or business providing other professional services as defined in
subdivision (a) of Section 13401 of the Corporations Code.

(2) (A) Abide by reasonable health and safety requirements
including, but not limited to, external window transparency,
cleanliness of massage rooms, towels, and linens, reasonable attire
and personal hygiene of persons providing massage services, and
prohibitions against nonsecurity related camera systems or other
recording and display devices.

(B) An ordinance enacted pursuant to this subdivision shall
notinclude any of the following:

(i) A

end delete

begin insert (1) end insert begin insert   end insert begin insert Imposes a end insert requirement that a certificate holder take or pass
any test, medical examination, or background check, or
begin delete demonstrate end delete begin insert comply with end insert educational begin delete experience end delete begin insert requirements end insert
beyond what is required by this chapter.

begin delete

(ii)

end delete

begin insert (2) end insert  A prohibition against locked doors in a registered massage
establishment with two or more people working at the
establishment.

begin delete

(iii) A

end delete

begin insert (3) end insert begin insert   end insert begin insert Imposes a end insert requirement that begin delete a registered massage
establishment provide additional restroom, shower, or other
facilities end delete begin insert an individual holding a certificate issued in accordance
with this chapter end insert begin insert obtain any other license, permit, certificate, or
other authorization to provide massage for compensation end insert .

begin delete

(iv) A requirement that a registered massage establishment have
massage room windows that interfere with the privacy of the clients
of the establishment.

(3) Abide by hours of operation set forth in the ordinance.

(4) Pay charges imposed in accordance with paragraph (3) of
subdivision (e) of Section 1 of Article XIII C of the California
Constitution.

(5) Comply with any other requirement consistent with this
chapter.

(c) A city, county, or city and county may adopt a local
ordinance requiring a certificate holder or a registered massage
establishment to comply with the following requirements as a
condition of operation, although other requirements consistent
with this chapter may additionally be imposed by ordinance:

(1) Submit an application for a business license to operate a
massage establishment that requires information relevant to the
practice of massage, including whether or not the establishment
is registered or will exclusively employ or use certified massage
professionals to perform massage services.

(2) Comply with reasonable investigations regarding information
provided in the course of a business license application.

(3) File copies or provide other evidence of the certificates held
by the persons who are providing massage services at the
establishment.

(4) Maintain on its premises, for review by local authorities,
evidence that demonstrates that all persons providing massage
services are certified and that the establishment is duly registered
with the council.

(5) Permit duly authorized officials of a city, county, or city and
county to conduct reasonable inspections, during regular business
hours, to ensure compliance with this chapter, the local ordinance,
or any other applicable requirements.

(6) Notify the city, county, or city and county of any intention
to rename, or to change the ownership of, a massage establishment,
or to convey the establishment to another person.

(7) Pay a business license tax applicable to all other individuals
or businesses providing professional services, as defined in
subdivision (a) of Section 13401 of the Corporations Code.

(d) If a city, county, or city and county provides the council
with evidence that a registered establishment has failed or is failing
to exclusively employ or use certificate holders to perform massage
services for compensation, and the council fails to make an official
determination within 90 days of being providing with that evidence,
then the city, county, or city and county may seek relief, including,
but not limited to, a declaration that the massage establishment’s
registration is void pursuant to Section 4617.

end delete begin insert

(4) Imposes a dress code requirement in excess of those already
required of certificate holders pursuant to paragraph (9) of
subdivision (a) of Section 4608.

end insert begin insert

(5) Prohibits a certificate holder from performing massage for
compensation on the gluteal muscles, prohibits specific massage
techniques recognized by the board as legitimate, or imposes any
other specific restriction on professional practice beyond those
set forth in subparagraph (E) of paragraph (1) of subdivision (a)
of Section 4608.

end insert begin delete

(e)

end delete

begin insert (c) end insert  Nothing in this chapter shall prevent a city, county, or city
and county from licensing, regulating, prohibiting, or permitting
an individual who provides massage for compensation without a
valid begin delete certificate, or a massage establishment that is not registered
with the council or does not otherwise exclusively utilize certificate
holders to provide massage for compensation, in any manner it
deems proper that is in accordance with the law. end delete begin insert certificate. end insert

begin delete

4613.  

(a) An owner of a massage establishment wishing to
register with the council shall submit a written application in a
form provided by the council and provide the council with
satisfactory evidence of all of the following:

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

(2) All individuals providing massage for compensation and all
massage establishment operators are certified pursuant to this
chapter as of the date of the application.

(3) A declaration is made that all future individuals who will
massage for compensation and all massage establishment operators
will be certified pursuant to this chapter, until the establishment
notifies the council of its intention to cancel its registration or the
registration is not renewed.

(4) A complete list has been provided to the council identifying
each person who owns 5 percent or more of the massage
establishment, operates the massage establishment, or works at
the massage establishment in any capacity whatsoever. The list
shall include the full legal name, certification number, if any,
mailing address, residential address, and position at the
establishment of each individual, and any other information the
council may require.

(5) All owners who own 5 percent or more of the massage
establishment and all others working on the premises of the
massage establishment who are not certificate holders pursuant to
this chapter have submitted fingerprint images in a form consistent
with the requirements of Section 4606.

(b) The council shall determine that the information provided
to the council in relation to the registration of an establishment is
true and correct and meets the requirements of this section. An
applicant for a massage establishment registration shall have the
burden to prove that the massage establishment is in compliance
with all of the requirements of this section. If the council has any
reason to question whether or not the information provided is true,
correct, or meets the requirements of this chapter, the council is
authorized to investigate. The investigation may include conducting
oral interviews, inspecting the massage establishment’s premises
during business hours without prior notice, and making any
investigation necessary to establish that the information received
is accurate and satisfies any criteria established by this chapter.

(c) An establishment registration issued pursuant to this chapter
shall be surrendered to the council if the registration has been
suspended or revoked.

(d) The council shall maintain a regularly updated list of
registered establishments on its Internet Web site. The council
shall, upon request, confirm the names and registration numbers
of any certificate holder listed as working at the registered
establishment to any law enforcement agency or any other
representative of a local government agency with responsibility
for regulating or administering a local ordinance relating to
massage or massage establishments.

(e) A registered establishment shall inform the council of any
change in the owners, operators, or workers required to be listed
in paragraphs (4) and (5) of subdivision (a) within 10 business
days of the change. If the registered establishment fails to notify
the council of a change in a timely manner, the council may
suspend or revoke the establishment’s registration.

(f) Once an establishment registration has been issued, neither
the location nor ownership of the establishment registration shall
be transferred, except as follows:

(1) An establishment registration may be transferred from one
location to another if there is no change in ownership and only
after approval by the council, following the receipt of a written
application for business location change and payment of a fee, not
to exceed the reasonable costs of administering this paragraph.

(2) An establishment registration may be transferred from one
business name to another if there is no change in ownership and
only after approval by the council, following the receipt of a written
application for business name change and payment of a fee, not
to exceed the reasonable costs of administering this paragraph.

(g) A registered massage establishment shall obtain, keep, and
maintain for three years, records of the full legal name, address,
and telephone number of all persons to which it provides massage
services for compensation. Registered massage establishments
shall not provide massage services for compensation to clients
who fail to provide this information.

(h) A registered massage establishment shall include its business
name and registration number in all advertising and shall display
the original registration at the place of business.

(i) A registered massage establishment shall provide, upon
request, the name and registration number of the registered massage
establishment to a member of the public, the council, or a member
of law enforcement, or a local government agency charged with
regulating massage or massage establishments.

(j) A registered massage establishment and its employees,
contractors, and volunteers shall comply with all other applicable
requirements of this chapter.

(k) The council is authorized to adopt policies and procedures
for the periodic inspection of registered massage establishments.

(l) The council shall not accept a massage establishment
registration application prior to September 1, 2015, and shall not
issue a registration prior to December 1, 2015.

end delete

4614.  

(a) Upon the request of any law enforcement agency or
any other representative of a local government agency with
responsibility for regulating or administering a local ordinance
relating to massage begin delete or massage establishments end delete , the council shall
provide information concerning a certificate begin delete holder or registered
establishment end delete begin insert holder end insert , including, but not limited to, the current
status of the certificate begin delete or registration end delete , any history of disciplinary
actions taken against the certificate holder begin delete or registered
establishment end delete , the home and work addresses of the begin delete applicant, end delete
begin insert applicant or end insert certificate holder, begin delete or establishment owner, end delete and any
other information in the council’s possession that is necessary to
verify facts relevant to administering the local ordinance.

(b) Upon the request of the council, any law enforcement agency
or any other representative of a local government agency with
responsibility for regulating or administering a local ordinance
relating to massage or massage establishments is authorized to
provide information to the council concerning an begin delete applicant, end delete
begin insert applicant or end insert certificate holder, begin delete or registered establishment, end delete
including, but not limited to, the current status of any local
application or permit, any history of legal or administrative action
taken against the applicant, certificate holder, begin delete or registered
establishment, end delete any information related to criminal activity or
unprofessional conduct allegedly engaged in by a certificate
applicant or certificate holder, including, but not limited to, police
reports and declarations of conduct, the home and work addresses
of the applicant, certificate holder, begin delete or establishment owner, end delete and
any other information in the possession of the law enforcement
agency or other local government agency that is necessary to verify
information or otherwise implement this chapter.

(c) The council shall accept information provided by any law
enforcement agency or any other representative of a local
government agency with responsibility for regulating or
administering a local ordinance relating to massage begin delete or massage
establishments end delete and review that information in a timely manner.

4615.  

(a) The council shall have the responsibility to determine
whether the school begin delete or end delete begin insert , end insert continuing education provider begin insert , or provider
of education for massage establishment operators end insert from which an
applicant has obtained the education required by this chapter meets
the requirements of this chapter.

begin insert

(1) 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.

end insert begin insert

For purposes of this section and any other provision of this
chapter that authorizes the council is to receive factual information
as a condition of taking any action, the council may authority to
conduct oral interviews of the applicant and others or conduct any
investigation deemed necessary to establish that the information
received is accurate and satisfies the criteria established by this
chapter.

end insert

(b) The council may charge a reasonable fee for inspection or
approval begin insert of schools, continuing education providers, and massage
establishment operator education providers end insert , provided the fees do
not exceed the reasonable cost of the inspection or approval
process.

(c) The council shall develop policies and procedures governing
the requirements and approval process begin insert for schools, continuing
education providers, massage establishment operator education
providers, curriculum and programs for schools, continuing
education classes, and programs for massage establishment
operator education providers end insert , including provisions for acceptance
of accreditation from a recognized accreditation body or other
form of acceptance begin delete , at the discretion of the council end delete .

4616.  

The council shall be sued only in the county of its
principal office, which shall be in Sacramento, unless otherwise
designated by the council.

4617.  

The superior court of a county of competent jurisdiction
may, upon a petition by any person, issue an injunction or any
other relief the court deems appropriate for a violation of this
chapter by any person or establishment operating in that county
subject to the provisions of this chapter. An injunction proceeding
under this section shall be governed by Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure.

4618.  

begin delete (a) end delete begin delete   end delete The Legislature finds and declares that due to
important health, safety, and welfare concerns that affect the entire
state, establishing a uniform standard of certification for massage
practitioners, massage therapists, and massage begin delete establishments end delete
begin insert establishment operators end insert upon which consumers may rely to identify
individuals who have achieved specified levels of education,
training, and skill is a matter of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this chapter shall apply to
all cities begin insert , counties, and cities end insert and counties, including charter cities
and charter counties.

begin delete

(b) Notwithstanding any other law, this chapter shall supersede
Chapter 6 (commencing with Section 51030) of Part 1 of Division
1 of Title 5 of the Government Code.

end delete

4619.  

(a) This chapter shall be liberally construed to effectuate
its purposes.

begin delete

(b) If any provision of this chapter or the application of these
provisions to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.

end delete begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert provisions of this chapter are severable. If any provision
of this chapter or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

begin insert

(c) If any provision of this chapter or the application of these
provisions to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.

end insert

4620.  

(a) On or before June 1, 2016, begin insert for the time period
beginning on January 1, 2015, end insert the council shall provide a report
to the appropriate policy committees of the Legislature that
includes all of the following:

(1) A feasibility study of licensure for the massage profession,
including a proposed scope of practice begin insert , legitimate techniques of
massage, end insert and related statutory recommendations.

(2) The council’s compensation guidelines and current salary
levels.

(3) Performance metrics, including, but not limited to:

(A)  The annual number of denied certificate begin delete and registration end delete
applications, and a brief description of the grounds for each
decision.

(B)  The annual number of suspended, revoked, or otherwise
disciplined certificates begin delete and registrations end delete , and a brief description
of the grounds for each decision.

(C)  The number of certificates taken off suspension, and a brief
description of the grounds for each decision.

(D)  The number of schools inspected, approved, and
disapproved, the number of schools that have had their approvals
suspended or revoked, and a brief description of the grounds for
each decision.

(E)  The total number of complaints about certificate holders
and registered establishments received annually, including a
subtotal of complaints received from local law enforcement and
the action taken by the council as a result of those complaints.

(b) The council shall testify in person if requested by the
appropriate policy committees of the begin delete Legislature on matters
included in the report described in subdivision (a) end delete begin insert Legislature end insert .

4621.  

(a) This chapter shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

(b) Notwithstanding any other law, the powers and duties of the
council shall be subject to review by the appropriate policy
committees of the Legislature.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 51034 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

51034.  

begin insert (a) end insert begin insert   end insert The Legislature in enacting this chapter recognizes
the existing power of a city or county to regulate a lawful massage
business pursuant to Section 37101, or pursuant to Section 16000
or 16100 of the Business and Professions Code, or under Section
7 of Article XI of the California Constitution. begin delete Nothing end delete

begin insert (b) end insert begin insert   end insert begin insert Nothing end insert contained in this chapter shall be a limitation on
that existing power or on the existing authority of a city to license
for revenue begin delete purposes, nor shall anything contained end delete begin insert purposes end insert .

begin insert (c) end insert begin insert   end insert begin insert Nothing contained end insert in this chapter begin insert shall end insert authorize a city,
county, or city and county to begin delete prohibit a end delete begin insert do any of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Prohibit a end insert person of one sex from engaging in the massage
of a person of the other sex.

begin insert

(2) Define a massage establishment as an adult entertainment
business, or otherwise regulate a massage establishment as adult
entertainment.

end insert begin insert

(3) Require a massage establishment to have windows or walls
that do not extend from the floor to ceiling, or have other internal
physical structures including, windows, that interfere with a client’s
reasonable expectation of privacy.

end insert begin insert

(4) Impose client draping requirements that extend beyond the
covering of genitalia and female breasts, or otherwise mandate
that the client wear special clothing.

end insert begin insert

(5) Prohibit a massage establishment from locking its external
doors when there is only one individual working on the premises
and that individual is engaged in providing massage for
compensation to a client.

end insert begin insert

(6) Require a massage establishment to post any notice in an
area that may be viewed by clients that contains explicit language
describing sexual acts, mentions genitalia, or specific
contraception devices.

end insert