BILL ANALYSIS Ó
AB 1147
Page 1
Date of Hearing: January 21, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1147 (Gomez) - As Amended: January 14, 2014
SUBJECT : Massage therapy.
SUMMARY : Revises the qualifications for a certified massage
practitioner (CMP) by requiring applicants to pass a massage and
bodywork competency examination. Specifically, this bill :
1)Requires an applicant for certification as a CMP to pass a
massage and bodywork competency examination that meets
generally recognized psychometric principles and standards,
and is approved by the California Massage Therapy Council
(CAMTC).
2)Permits the successful completion of the examination to have
been accomplished before the date the CAMTC began issuing
certificates.
EXISTING LAW :
1)Establishes the CAMTC and defines the responsibilities and
duties of the CAMTC. (Business and Professions Code (BPC)
Section 4600.5)
2)Defines massage therapist, body worker, bodywork therapist,
massage and body work therapist, massage practitioner, body
work practitioner, or massage and body work practitioner to
mean "a person who is certified by the CAMTC, as specified."
(BPC 4600)
3)Requires the CAMTC to issue a "massage therapist"
certificate to an applicant who submits a written
application and provides satisfactory evidence that he or
she meets all of the specified education, experience or
examination requirements. (BPC 4601)
4)Requires the CAMTC to issue a "massage practitioner"
certificate to an applicant who submits a written application
and provides satisfactory evidence that he or she meets all of
the specified education, experience or examination
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requirements.
(BPC 4601)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of this bill . This bill seeks to enhance the
competency requirements for persons seeking certification as a
massage practitioner by requiring an applicant to take and
pass a massage and bodywork competency examination in addition
to the 250 hours of education currently required. It does not
change the certification requirements for massage therapists.
This bill is author sponsored.
2)Author's statement . According to the author, "The State
Legislature has made it a policy to professionalize the
massage industry and this proposal adds a further dimension of
accountability on providers, and a greater expectation on the
part of California consumers. Even though there may be
serious differences of opinion regarding the proper role of
local government in land use and enforcement issues
surrounding this industry, we can all agree on the desire to
working to ensure that all massage therapists are properly
trained and consumer protections are in place."
3)The massage therapy profession . Massage professionals treat
clients by using touch to manipulate the soft-tissue and
muscles of the body. Massage therapy may be used to relieve
pain, rehabilitate injuries, reduce stress, increase
relaxation, and increase the general wellness of clients.
Massage professionals work in a variety of settings, including
private offices, spas, hospitals, fitness centers and shopping
malls. According to the Bureau of Labor Statistics,
employment of massage professionals is projected to grow 23%
from 2012 to 2022, much faster than the average for all
occupations.
Massage professionals in California can obtain one of two
certification levels: 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 or complete 250 hours of
education and training and pass an examination. CMPs and CMTs
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must also undergo background checks, including fingerprinting
and other identification verification procedures. The CMP and
CMT licenses are renewed biannually, and licensees are not
required to obtain continuing education. Titles commonly used
in California by the massage profession may include: massage
therapist, massage practitioner, CMT, CMP, massage technician,
bodyworker, masseur, and masseuse. Current law makes it an
unfair business practice for anyone not certified by CAMTC to
use the title of CMP or CMT.
California is one of only four states that regulate massage
therapy but do not generally require an examination for
certification or licensure. This bill would require CMP
applicants to take and pass an examination, approved by CAMTC,
in order to be certified.
4)Current testing component . Currently, applicants for
certification as a CMT must pass an examination if they have
completed only 250 hours of approved education. If a CMT has
completed 500 hours of approved education, an examination is
not necessary.
CMT applicants may take the National Certification Exam which is
administered by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB). The NCBTMB is a
nationally recognized entity which certifies massage
therapists and bodyworkers on behalf of the profession. In
addition, an applicant may take the Massage and Bodywork
Licensing Examination (MBLEx). The MBLEx is governed by the
Federation of State Massage Therapy Boards. It is designed to
provide a standard examination for massage students.
5)Regulation of massage therapy . SB 731 (Oropeza), Chapter 384,
Statutes of 2008, established the Massage Therapy Act to
enable voluntary statewide certification of massage therapists
by the Massage Therapy Organization (MTO), which was renamed
CAMTC in 2011. The goal of CAMTC is to standardize the
process of certification throughout the state. The
certifications it provides allow massage professionals to work
in multiple California locations without the need for
duplicative local certifications. The Massage Therapy Act and
provisions establishing CAMTC are subject to the formal Sunset
Review process.
6)Sunset Review . The Sunset Review process provides a formal
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mechanism for the Department of Consumer Affairs (DCA), the
boards and bureaus, interested parties, and the Legislature to
evaluate the performance of boards, bureaus, committees, and
independent non-profit certifying entities and make
recommendations for their continued existence and/or
expiration. This review is generally performed on a four-year
cycle and was originally mandated by SB 2036 (McCorquodale,
Chapter 908, Statutes of 1994).
Under existing law, the provisions related to the regulation of
massage therapy and CAMTC will sunset on January 1, 2015
unless the Legislature decides to extend those provisions.
Currently, CAMTC and the Massage Therapy Act are scheduled to
be reviewed in March of 2014 as part of the Sunset Review
hearings being held jointly between this Committee and the
Senate Business, Professions and Economic Development
Committee.
7)The California Massage Therapy Council . The CAMTC is led by a
volunteer Board of Directors comprised of professionals from
California's massage community, including massage
associations, schools, and businesses. Two representatives
are selected by each professional society, association or
other entity whose membership is comprised of massage
therapists and that chooses to participate in the CAMTC. One
member is selected by each statewide association of private
postsecondary schools incorporated on or after January 1,
2010, whose member schools have had 1000 graduates in each of
the previous three years. Additionally, the League of Cities,
California State Association of Counties, Director of DCA, and
the Chancellor of the California Community Colleges may
appoint a member to the CAMTC board if they choose.
Currently, CAMTC is comprised of 20 members.
While CAMTC does not accredit or approve massage schools, it
does have the responsibility to determine if the curriculum of
those schools meets the legal requirements for applicants to
obtain CAMTC certification. Schools must either be nationally
accredited or approved by the California Bureau for Private
Postsecondary Education (BPPE) or a California community
college. The CAMTC regulates over 45,000 certified CMPs and
CMTs in California.
If a certificate holder violates the terms of certification,
CAMTC may suspend or revoke his or her certification, but it
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has no cite and fine authority. The CAMTC may deny,
discipline or revoke the certification of a CMP or CMT for a
variety of reasons, including: failure to obtain a clear
fingerprint check, reports of unprofessional conduct in
another state, any attempt to obtain a certificate through
misrepresentation or fraud, or committing any act punishable
as a sexually-related crime. All of the relative disciplinary
procedures are carried out by an employee of the CAMTC known
as the Division Director of Professional Standards. Since
2010, there have been approximately 248 certificate
suspensions or revocations.
8)Similar provisions heard by this Committee . The current
version of this bill is substantially narrowed from a previous
version (May 1, 2013) passed (8-4) by this Committee on May 7,
2013. In addition to the provision requiring applicants for
CMP to take and pass a massage and bodywork competency
examination, the May 1, 2013 version also contained a
provision requiring applicants for certification as a massage
therapist to take and pass a massage and bodywork competency
examination as well.
9)Questions for the Committee . As noted above, the whole of
the Massage Therapy Act and the provisions establishing CAMTC
are scheduled to be reviewed in March during the joint Sunset
Review hearings. A detailed review of the law and the
performance of CAMTC will occur, and will include a public
staff report and testimony by CAMTC leadership and other
stakeholders. The education and examination elements for
certification are also likely to be discussed. As a result,
the Committee may wish to inquire of the author as to the
immediate necessity of moving a bill that would modify one
small piece of the law in question, and how it would fit into
the overall review of the profession occurring later in March.
Separately, it should be noted that this bill does not require
applicants for certification as a massage therapist to take
and pass a massage and bodywork competency examination in all
cases. The Committee may wish to inquire of the author and
stakeholders as to whether or not applicants for both massage
practitioner and massage therapist certifications should be
required to pass a competency examination.
Finally, the bill does not specify if the examination to be
required is for new applicants only, or if existing
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certificate holders will be required to pass an examination.
The author may wish to clarify that point as well.
10)Previous legislation . AB 619 (Halderman) Chapter 162,
Statutes of 2011, changed the name of the MTO to the CAMTC and
makes a number of clarifying, conforming and technical changes
to the Massage Therapy Act.
SB 1238 (Price) Chapter 655, Statutes of 2012, made a number
of substantive, clarifying, conforming and technical changes
regarding the approval of school credit hours and examination
and training requirements for purposes of certification; the
grounds for suspension, denial or revocation of certification
of the certificate holder; the sharing of information between
local law enforcement and the CAMTC; the responsibility of
owner/operators of massage businesses for conduct of employees
or their independent contractors and background checks of
owner/operators; and the ability of cities to restrict the
operation of massage businesses involved in prior criminal
activity.
SB 285 (Correa) Chapter 149, Statutes of 2011, provided that
any person who provides a certificate, diploma or other
document, or otherwise affirms that a person has received
instruction in massage therapy, knowing that the person has
not received such training, is guilty of a misdemeanor,
punishable by a fine of $2,500, or imprisonment in county jail
for up to one year, or both.
AB 1822 (Swanson) of 2010, would have added two additional
members to the MTO's board of directors, each one selected by
the California Police Chiefs Association and the California
State Sheriffs' Association, respectively, unless those
entities chose not to do so. AB 1822 was vetoed by the
Governor.
SB 731 (Oropeza) Chapter 384, Statutes of 2008, created the
MTO and provided for the voluntary certification of massage
therapists and massage practitioners by the MTO.
SB 412 (Figueroa) of 2005 would have established the MTO and
would have provided for the certification of massage therapist
and massage practitioners by the MTO. SB 412 was held on the
Assembly floor.
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301