Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2194


Introduced by begin delete Committee on Business and Professions (Assembly Members Bonilla (Chair), Jones (Vice Chair), Baker, Bloom, Campos, Chang, Dodd, Mullin, Ting, Wilk, and Wood)end delete begin insert Assembly Member Salasend insert

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(Principal coauthor: Senator Hill)

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February 18, 2016


begin deleteAn act to amend Sections 3504 and 3512 of the Business and Professions Code, relating to professions and vocations. end deletebegin insertAn act to amend Sections 4602 and 4621 of the Business and Professions Code, relating to massage therapy.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2194, as amended, begin deleteCommittee on Business and Professionsend delete begin insertSalasend insert. begin deletePhysician Assistant Board: personnel. end deletebegin insertCalifornia Massage Therapy Council: extension of sunset date.end insert

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The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms.

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This bill would extend the operation of these provisions until January 1, 2019, and make nonsubstantive changes to delete obsolete provisions related to the interim board.

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The Physician Assistant Practice Act provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017.

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This bill would extend those provisions until January 1, 2021.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 4602 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

4602.  

(a) The California Massage Therapy Council, as defined
4in subdivision (d) of Section 4601, is hereby established and shall
5carry out the responsibilities and duties set forth in this chapter.

6(b) The council may take any reasonable actions necessary to
7carry out the responsibilities and duties set forth in this chapter,
8including, but not limited to, hiring staff, entering into contracts,
9and developing policies, procedures, rules, and bylaws to
10implement this chapter.

11(c) The council may require background checks for all
12employees, contractors, volunteers, and board members as a
13condition of their employment, formation of a contractual
14relationship, or participation in council activities.

15(d) The council shall issue a certificate to an individual applicant
16who satisfies the requirements of this chapter for that certificate.

17(e) The council is authorized to determine whether the
18information provided to the council in relation to the certification
19of an applicant is true and correct and meets the requirements of
20this chapter. If the council has any reason to question whether the
21information provided is true orbegin delete correctend deletebegin insert correct,end insert or meets the
22requirements of this chapter, the council is authorized to make any
23investigation it deems necessary to establish that the information
24received is accurate and satisfies any criteria established by this
25chapter. The applicant has the burden to prove that he or she is
26entitled to certification.

27(f) begin deleteUntil September 15, 2015, the end deletebegin insertThe end insertcouncil shall be governed
28by a board of directors comprised ofbegin delete two representatives selected
P3    1by each professional society, association, or other entity, which
2membership is comprised of massage therapists and that chooses
3to participateend delete
begin insert 13 members who shall be chosenend insert in thebegin delete council. To
4qualify, a professional society, association, or other entity shall
5have a dues-paying membership in California of at least 1,000
6individuals for the last three years and shall have bylaws that
7require its members to comply with a code of ethics. The board of
8directors shall also include each of theend delete
followingbegin delete persons:end deletebegin insert manner:end insert

begin delete end deletebegin delete

9(1) One member selected by each statewide association of
10private postsecondary schools incorporated on or before January
111, 2010, which member schools have together had at least 1,000
12graduates in each of the previous three years from massage therapy
13programs that meet the approval standards set forth in subdivision
14(a) of Section 4601, unless a qualifying association chooses not
15to exercise this right of selection.

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16(2) One member selected by the League of California Cities,
17unless that entity chooses not to exercise this right of selection.

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18(3) One member selected by the California State Association
19of Counties, unless that entity chooses not to exercise this right of
20selection.

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21(4) One member selected by the Director of Consumer Affairs,
22unless that entity chooses not to exercise this right of selection.

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23(5) One member appointed by the Office of the Chancellor of
24the California Community Colleges, unless that entity chooses not
25to exercise this right of selection. The person appointed, if any,
26shall not be part of any massage therapy certificate or degree
27program.

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28(6) The council’s bylaws shall establish a process for appointing
29other professional directors to the council who have knowledge
30of the massage industry or can bring needed expertise to the
31operation of the council for purposes of complying with Section
324603.

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33(g) At 12 p.m. Pacific standard time on September 15, 2015,
34the term of each member of the board of directors established
35pursuant to subdivision (f) shall terminate, and the terms of 13
36new members of the board of directors who shall be chosen in the
37following manner, shall begin:

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38(1) One member shall be a representative of the League of
39California Cities, unless that entity chooses not to exercise this
40right to appoint.

P4    1(2) One member shall be a representative of the California Police
2Chiefs Association, unless that entity chooses not to exercise this
3right to appoint.

4(3) One member shall be a representative of the California State
5Association of Counties, unless that entity chooses not to exercise
6this right to appoint.

7(4) One member shall be a representative of an “anti-human
8trafficking” organization to be determined by the council. This
9organization shall appoint one member, unless the organization
10chooses not to exercise this right to appoint.

11(5) One member shall be appointed by the Office of the
12Chancellor of the California Community Colleges, unless that
13office chooses not to exercise this right to appoint.

14(6) One member shall be a member of the public appointed by
15the Director of the Department of Consumer Affairs, unless the
16director chooses not to exercise this right to appoint.

17(7) One member shall be appointed by the California Association
18of Private Postsecondary Schools, unless that entity chooses not
19to exercise this right to appoint.

20(8) One member shall be appointed by the American Massage
21Therapy Association, California Chapter, who shall be a
22California-certified massage therapist or massage practitioner who
23is a California resident and who has been practicing massage for
24at least three years, unless that entity chooses not to exercise this
25right to appoint.

26(9) One member shall be a public health official representing a
27city, county, city and county, or state health department, to be
28determined by the council. The city, county, city and county, or
29state health department chosen, shall appoint one member unless
30that entity chooses not to exercise this right to appoint.

31(10) (A) One member shall be a certified massage therapist or
32a certified massage practitioner who is a California resident who
33has practiced massage for at least three years prior to the
34appointment, selected by a professional society, association, or
35other entity which membership is comprised of massage therapist
36professionals, and that chooses to participate in the council. To
37qualify, a professional society, association, or other entity shall
38have a dues-paying membership in California of at least 1,000
39individuals, have been established since 2000, and shall have
40bylaws that require its members to comply with a code of ethics.

P5    1(B) If there is more than one professional society, association,
2or other entity that meets the requirements of subparagraph (A),
3the appointment shall rotate based on a four-year term between
4each of the qualifying entities. The qualifying entity shall maintain
5its appointment authority during the entirety of the four-year term
6during which it holds the appointment authority. The order in
7which a qualifying professional society, association, or other entity
8has the authority to appoint shall be determined by alphabetical
9order based on the full legal name of the entity as of January 1,
102014.

11(11) The members appointed to the board in accordance with
12paragraphs (1) to (10), inclusive, shall appoint three additional
13members, at a duly held board meeting in accordance with the
14 board’s bylaws. One of those appointees shall be an attorney
15licensed by the State Bar of California, who has been practicing
16law for at least three years and who at the time of appointment
17represents a city in the state. One of those appointees shall represent
18a massage business entity that has been operating in the state for
19at least three years. The council shall establish in its bylaws a
20process for appointing an additional member, provided that the
21member has knowledge of the massage industry or can bring
22needed expertise to the operation of the council for purposes of
23complying with Section 4603.

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24(h)

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25begin insert(g)end insert Board member terms shall be for four years.

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26(i)

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27begin insert(h)end insert The board of directors shall establish fees reasonably related
28to the cost of providing services and carrying out its ongoing
29responsibilities and duties. Initial and renewal fees for certificates
30shall be in an amount sufficient to support the functions of the
31council in the administration of this chapter, but in no event shall
32exceed three hundred dollars ($300). The renewal fee shall be
33reassessed biennially by the board.

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34(j)

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35begin insert(i)end insert The meetings of the council shall be subject to the rules of
36the Bagley-Keene Open Meeting Act (Article 9 (commencing with
37Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
38the Government Code). The board may adopt additional policies
39and procedures that provide greater transparency to certificate
P6    1holders and the public than required by the Bagley-Keene Open
2Meeting Act.

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3(k)

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4begin insert(j)end insert Prior to holding a meeting to vote upon a proposal to increase
5the certification fees, the board shall provide at least 90 days’
6notice of the meeting, including posting a notice on the council’s
7Internet Web site unless at least two-thirds of the board members
8concur that there is an active threat to public safety and that voting
9at a meeting without prior notice is necessary. However, the board
10shall not waive the requirements of subdivisionbegin delete (j).end deletebegin insert (i).end insert

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11(l)

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12begin insert(k)end insert If the board approves an increase in the certification fees,
13the council shall update all relevant areas of its Internet Web site
14and notify all certificate holders and affected applicants by email
15within 14 days of the board’s action.

16begin insert

begin insertSEC. 2.end insert  

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begin insertSection 4621 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
17amended to read:end insert

18

4621.  

(a) This chapter shall remain in effect only until January
191,begin delete 2017,end deletebegin insert 2019,end insert and as of that date is repealed, unless a later enacted
20statute, that is enacted before January 1,begin delete 2017,end deletebegin insert 2019,end insert deletes or
21extends that date.

22(b) Notwithstanding any other law, the powers and duties of the
23council shall be subject to review by the appropriate policy
24committees of the Legislature.

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25

SECTION 1.  

Section 3504 of the Business and Professions
26Code
is amended to read:

27

3504.  

There is established a Physician Assistant Board within
28the jurisdiction of the Medical Board of California. The board
29consists of nine members. This section shall remain in effect only
30until January 1, 2021 and as of that date is repealed.
31 Notwithstanding any other law, the repeal of this section renders
32the board subject to review by the appropriate policy committees
33of the Legislature.

34

SEC. 2.  

Section 3512 of the Business and Professions Code is
35amended to read:

36

3512.  

(a) Except as provided in Sections 159.5 and 2020, the
37board shall employ within the limits of the Physician Assistant
38Fund all personnel necessary to carry out the provisions of this
39chapter including an executive officer who shall be exempt from
40civil service. The Medical Board of California and board shall
P7    1make all necessary expenditures to carry out the provisions of this
2chapter from the funds established by Section 3520. The board
3may accept contributions to effect the purposes of this chapter.

4(b) This section shall remain in effect only until January 1, 2021,
5 and as of that date is repealed.

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