BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1147
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          ASSEMBLY THIRD READING
          AB 1147 (Gomez)
          As Amended  May 13, 2013
          Majority vote 

           BUSINESS & PROFESSIONS           8-4                            
           
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          |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  








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            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. 









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          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  








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            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  








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            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  








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            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 


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