BILL ANALYSIS Ó AB 1147 Page 1 ASSEMBLY THIRD READING AB 1147 (Gomez) As Amended May 13, 2013 Majority vote BUSINESS & PROFESSIONS 8-4 ------------------------------------------------------------------- |Ayes:|Gordon, Bocanegra, | | | | |Campos, Dickinson, | | | | |Eggman, Mullin, Skinner, | | | | |Ting | | | | | | | | |-----+--------------------------+-----+----------------------------| |Nays:|Jones, Hagman, | | | | |Maienschein, Wilk | | | | | | | | ------------------------------------------------------------------- SUMMARY : Revises the qualifications for certification as a massage practitioner and massage therapist, and allows a city, county, or city and county to require the owner of a massage business to obtain a revocable certificate of registration, as specified. Specifically, this bill : 1)Requires an applicant for certification as a massage practitioner to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and is approved by the California Massage Therapy Council (CAMTC). 2)Provides that the successful completion of the competency examination may have been accomplished prior to the date CAMTC was authorized to issue certificates. 3)Requires all massage therapist applicants to complete a minimum of 500 hours, or the credit unit equivalent, of curricula in massage and related subjects, and eliminates the option of certification for such applicants who complete only 250 hours of curricula and pass the massage and bodywork competency assessment examination. 4)States that nothing in this chapter precludes a city, county, or city and county from including a provision in a local ordinance requiring the owner or owners of a massage AB 1147 Page 2 establishment or business apply for and receive a revocable certificate of registration. 5)Permits a city, county, or city and county, to require the following as part of the application for a certificate of registration: a) The full and true legal 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 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 business will only employ or use certified persons to provide massage services, and that failure to comply may result in the suspension or revocation of, imposition of conditions upon, or action against 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 the change occurring; h) Authorization for the city, county, or city and county to investigate the truth of the information contained in the application; and, i) The payment of a fee to conduct a background check if the owner or owners of the massage establishment or business applying for the certificate of registration are not certified and own 5% or more of the massage establishment or business. AB 1147 Page 3 6)Authorizes a city, county, or city and county to require a massage establishment or business to comply with any applicable local ordinance, regulation, rule, requirement, or restriction as a condition of granting or maintaining a revocable certificate of registration including, but not limited to, those provisions pertaining to health and safety. 7)Authorizes a city, county, or city and county to exempt certain classes of persons or businesses from compliance with the requirements for a certificate of registration. 8)Authorizes a city, county, or city and county to make the certificate or registration nontransferable. 9)Authorizes a city, county, or city and county at its sole discretion to suspend, revoke, impose conditions upon, or otherwise act against a certificate of registration for cause. 10)Makes other technical and clarifying changes. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : 1)Purpose of this bill . This bill would impose stronger regulations on massage therapy businesses by authorizing local governments to require revocable certificates of registration for massage businesses. These revocable certificates would give local governments more information about massage therapy businesses, and more power to discipline or shut down unscrupulous massage businesses. Additionally, this bill requires individuals applying for certification as a certified massage practitioner (CMP) to pass an examination and eliminates specified coursework requirements for individuals applying for certification as a Certified Massage Therapist (CMT). This bill is sponsored by the author. 2)Author's statement . According to the author, "Several years ago the Legislature pre-empted local control over land use issues surrounding massage parlors. As a result of the preemption numerous communities [complain] about what they regard as an explosion of these places. It is not the intent [of this bill] to disrupt legitimate owners, but a number of AB 1147 Page 4 communities are experiencing a real concentration of these [massage] parlors." 3)The profession of massage therapy . Massage therapists treat clients by using touch to manipulate the soft-tissue muscles of the body. Massage therapy may be used to relieve pain, rehabilitate injuries, reduce stress, increase relaxation, and aid in the general wellness of clients. In 2010, massage therapists held approximately 153,700 jobs nationally and the massage therapy profession is continuing to grow. Massage therapists work in a variety of settings, such as private offices, spas, hospitals, fitness centers, and shopping malls. SB 731 (Oropeza), Chapter 384, Statutes of 2008, established the voluntary statewide certification of massage therapists by the Massage Therapy Organization (MTO), which was renamed the CAMTC in 2011. The goal of the CAMTC is to standardize the process of certification throughout the state. The certification allows for massage professionals to work in multiple California locations without the need for multiple permits or fees. Massage professionals can obtain one of two certification levels: Certified Massage Practitioners (CMPs) are required to complete at least 250 hours of education and training, while Certified Massage Therapists (CMTs) are required to complete at least 500 hours of massage education and training at an approved massage therapy school, or complete 250 hours of education and training and pass an examination. Currently, applicants for certification as a CMT must pass an examination which is administered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB). This bill would require both CMT and CMP applicants to pass an examination, and CMT applicants would now need to complete 500 hours of education in order to be certified. 4)City ordinances regulating massage therapy . As provided by SB 731, cities and counties may enact ordinances related to the operation of a massage business including, but not limited to, requiring evidence for review by local authorities demonstrating that persons providing massage therapy services are certified, charging specified licensing fees, and filling AB 1147 Page 5 out an application that provides relevant information about the business. However, cities and counties may not enact ordinances related to land use regulations, permits or zoning requirements specifically for massage businesses if those same requirements are not uniformly applied to all other businesses providing professional services. Additionally, local cities and counties cannot require any other specified permit or requirement other than for reasonable health and safety requirements. The original intent behind these restrictions was to prevent discrimination against legitimate massage businesses. Under current law, the power of cities and counties to regulate massage businesses depends on the certification status of the owner and the individuals working in the business. If a business chooses not to hire CMTs or CMPs, or if the owner is not certified, then a city or county ordinance may condition the issuance of a license upon proof that the business meets reasonable standards, such as minimum age, education and experience of personnel; passage of a practice examination of competence by massage personnel; sanitary conditions for the establishment; hours of operation; a prohibition on the sale or serving of food or beverages; and a prohibition on conducting non-massage-related business on the premises. This bill would expand the ability of cities and counties to regulate massage businesses by explicitly making their certification revocable. An application for the revocable certification could include: a request for the full name and address of the business and the legal name and mailing address of the owners, a copy or other evidence of certification for each person providing massage services, a statement that the business will only employ certified individuals, and a statement that an applicant for certification will provide notification of any changes to the original application. This bill also allows a city or county to charge an application fee for a background check if the owner of a business is not certified. Additionally, this bill provides local governments with the option to revoke, suspend, impose conditions upon or otherwise act against the certification for violations. 5)Arguments in support . The American Massage Therapy Association-California Chapter writes in support, "We AB 1147 Page 6 recognize cities must have the tools necessary to regulate massage establishments effectively to reach our mutual goals of eradicating human trafficking and have a healthy massage industry in each city. To meet this end, we support the changes in [this bill] which will allow cities to provide a revocable certification of registration to [CMTs and CMPs]. This will go a long way in providing cities another tool to keep bad actors from the massage industry and ensure consumer protection." 6)Arguments in opposition . The League of California Cities is opposed unless amended and writes in opposition, "While cities have seen some benefits as a result of the 2008 [SB 731 Oropeza] legislation, there have been some unintended consequences and issues that need to be addressed. Illegitimate businesses have found ways to work within the confines of SB 731 by requiring one or two persons in their establishment to have a certification (as a cost of doing business) because they know they cannot be regulated if they are CAMTC certified. If law enforcement enters an establishment that is CAMTC certified, only the massage therapists are required to have certification." Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301 FN: 0000565