BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 2194         Hearing Date:    June 27,  
          2016
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          |Author:   |Salas                                                 |
          |----------+------------------------------------------------------|
          |Version:  |June 20, 2016                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Bill Gage                                             |
          |:         |                                                      |
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             Subject:  California Massage Therapy Council:  extension of  
                                     sunset date


          SUMMARY:  Extends the sunset date for the California Massage Therapy  
          Counsel (CAMTC) by two years and makes other technical and  
          clarifying changes. 

          Existing law:


          1)Establishes Massage Therapy Act (Act) and the CAMTC which is  
            responsible for the administration of the voluntary  
            certification program for certified massage therapists.   
            (Business and Professions Code (BPC)  4600 et seq.)





          2)States that it is the intent of the Legislature that this Act  
            enable consumers and local governments to more easily identify  
            certified massage professionals, provide for statewide  
            certification and oversight of massage professionals, ensure  
            schools approved by the CAMTC are providing a high level of  
            training, and assist local government and law enforcement in  
            their duty to maintain the highest standards of conduct by  
            disciplining certificate holders when necessary and ensure  
            full compliance with the Act.  (BPC  4600.5(a))







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          3)States that it is the intent of the Legislature that broad  
            control over land use in regulating massage establishments be  
            vested in local government and that the requirements and  
            practice of the profession of massage therapy remain a matter  
            of statewide concern, regulation and oversight.  (BPC   
            4600(b))





          4)States that it is the intent of the Legislature that local  
            governments impose and enforce only reasonable and necessary  
            fees and regulations in keeping with the requirements of  
            existing laws and being mindful of the need to protect  
            legitimate business owners and massage professionals,  
            particularly sole providers, during the transition period and  
            after for the sake of developing a healthy and vibrant local  
            economy.  (BPC  4600(c))





          5)States that it is the intent of the Legislature that local  
            government, law enforcement, CAMTC and the massage industry  
            and massage professionals work together to improve  
            communications and in a collaborative effort and to develop  
            model local ordinances reflecting the best practices in  
            massage regulation by cities and counties that will respect  
            local control, patient privacy and the dignity of the  
            profession of massage therapy.  (BPC  4600(d))





          6)Defines "massage" as the scientific manipulation of the soft  
            tissues.  (BPC  4601(e))








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          7)Define a "sole provider" as a massage business where the owner  
            owns 100% of the business, is the only person who provides  
            massage for compensation for that business pursuant to a valid  
            and active certificate and has no other employees or  
            independent contractors.  (BPC  4601(i))





          8)Defines an "approved school" or "approved massage school" as a  
            school that meets minimum standards for training and  
            curriculum in massage and related subjects, that meets other  
            specified requirements and has not otherwise been unapproved  
            by the CAMTC.  (BPC  4601(a))





          9)Authorizes the CAMTC to take any reasonable actions necessary  
            to carry out the responsibilities and duties under the Act,  
            including but not limited to, hiring staff, entering into  
            contracts, and developing policies, procedures, rules, and  
            bylaws.  (BPC  4602(b))





          10)Specifies that on September 15, 2015, the CAMTC will be  
            reconstituted and is to be governed by a board of directors  
            comprised of 13 members, appointed by various stakeholders or  
            the CAMTC including the League of Cities, Police Chiefs  
            Association, State Association of Counties, representative  
            from anti-human trafficking organization, California Community  
            Colleges, Department of Consumer Affairs (DCA), Association of  
            Private Postsecondary Schools, Massage Therapy Association,  
            public health official, certified massage therapist and three  








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            additional members, as specified.  (BPC  4602(g))





          11)States that the meetings of the CAMTC are subject to the  
            rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as  
            specified, and authorizes the CAMTC to adopt additional  
            policies and procedures that provide greater transparency to  
            certificate holders and the public than required by the  
            Bagley-Keene.  (BPC  4602(j))





          12)Provides that in order for a massage therapist to obtain  
            certification that they must submit an application and provide  
            CAMTC with satisfactory evidence that he or she is 18 years of  
            age or older, has successfully completed 500 hours of  
            instruction in massage and related subjects as specified, the  
            applicant has passed a competency assessment examination that  
            is approved by CAMTC, the applicant has successfully passed a  
            background investigation as required and has not violated any  
            provisions of the Act.  (BPC  4604)





          13)Authorizes the CAMTC to discipline an owner or operator of a  
            certified massage business or establishment who is certified  
            by the CAMTC for the conduct of all individuals providing  
            massage for compensation.  (BPC  4607)





          14)Provides that the CAMTC may deny an application for a  
            certificate or impose discipline on a certificate holder or  
            revoke the certificate for the commission of any of the acts  
            as specified including, but not limited to, unprofessional  








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            conduct, failure to disclose all information requested on an  
            application, committing a fraudulent, dishonest or corrupt  
            act, being convicted of felony, misdemeanor, etc. or a  
            sexually related crime or if required to register as a sex  
            offender.  (BPC  4609)





          15)Provides for procedures that are imposed in good faith and in  
            a fair and reasonable manner for the denial of an applicant  
            for a certificate or the discipline of a certificate holder  
            which allows for the placing of a certificate holder on  
            probation, suspending the certificate, revoking the  
            certificate of taking other actions as deemed appropriate and  
            authorized by the CAMTC.  (BPC  4610)





          16)Provides that it is unfair business practice for a person to  
            hold himself or herself out as a "certified massage therapist"  
            or in any manner that implies or suggests that the person is  
            certified by the CAMTC.  (BPC  4611) 





          17)Prohibits a city, county, or city and county from enacting or  
            enforcing an ordinance that conflicts with the provisions of  
            the Act or Section 51034 of the Government Code (GC), but does  
            not prohibit a city, county, or city and county from


          licensing, regulating, prohibiting, or permitting an individual  
            who provides massage for compensation without a certificate  
            issued by the CAMTC.  (BPC  4612)



          18)Requires the CAMTC upon request of any law enforcement agency  








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            or other representatives of a local government agency with  
            responsibility for regulating or administering a local  
            ordinance relating to massage or massage establishments to  
            provide information concerning an applicant or certificate  
            holder, as specified.  


          (BPC  4614)



          19)Authorizes the CAMTC to have the responsibility to determine  
            whether the school from which an applicant has obtained  
            education required meets the requirements of the Act and to  
            develop policies, procedures, rules, or bylaws governing the  
            requirements and process for approval and unapproval of  
            schools, as specified.


          (BPC  4615)



          20)Requires the CAMTC on or before June 1, 2016, to provide a  
            report to the Legislature that includes a feasibility study as  
            specified, information regarding the operation of the CAMTC,  
            and the disciplinary action taken by CAMTC against both  
            applicants and certificate holders.  (BPC  4620)





          21)Provides that the Act 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 the date, and that the powers and duties of  
            the CAMTC shall be subject to review by the appropriate policy  
            committee of the Legislature.


          (BPC  4621)










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          22)Prohibits a city, county, or city and county from the  
            following: 


          (GC Section 51034(c)(1-8))



             a)   Prohibiting a person of one sex from engaging in the  
               massage of a person of the other sex;





             b)   Defining a massage establishment as an adult  
               entertainment business, or otherwise regulate a massage  
               establishment as adult entertainment;





             c)   Requiring a massage establishment to have windows or  
               walls that do not extend from the floor to the ceiling, or  
               have other internal physical structures including windows,  
               that interfere with a client's reasonable expectation of  
               privacy;





             d)   Imposing client draping requirements, as specified;





             e)   Prohibiting a massage establishment from locking its  
               external doors if the massage establishment is a business  
               entity owned by one individual with one or no employees or  
               independent contractors;








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             f)   Requiring a massage establishment to post a notice in an  
               area viewed by clients that contains explicit language, as  
               specified;





             g)   Requiring a certified individual to take any test,  
               medical examination, or background check, or comply with  
               education requirements beyond what is required under the  
               Act; and,





             h)   Imposing a requirement that an individual holding a  
               certificate in accordance with the Act, obtain any other  
               license, permit, certificate or other authorization to  
               provide massage for compensation, as specified; however, a  
               city is not prohibited from requiring an ordinance that a  
               massage business or establishment obtain a license, permit,  
               certificate, or other authorization in order to operate  
               lawfully within the jurisdiction.

          This bill:

          1) Extends the provisions of the Act by three years until  
             January 1, 2020.  

          2) Extends the requirement for a report that is to be provided  
             to the Legislature which includes a feasibility study as  
             specified, information regarding the operation of the CAMTC,  
             and the disciplinary action taken by CAMTC against both  
             applicants and certificate holders, to January 1, 2017.

          3) Clarifies that a city, county, or city and county shall not  
             require of a person who is certified pursuant to the Act, to  








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             have to submit to another background check, including, but  
             not limited to, a criminal background check, or require  
             submission of fingerprints for a federal or state criminal  
             background check. 

          4) Makes other technical and clarifying changes.
          

          FISCAL  
          EFFECT:  Unknown.  This bill is keyed "fiscal" by Legislative  
          Counsel. 

          
          COMMENTS:
          
          1.Purpose.  This measure is sponsored by the  Author .  According  
            the Author, unless legislation is carried this year to extend  
            the sunset date for the CAMTC, it will be repealed on January  
            1, 2017.  The legislative changes reflected in this bill are  
            solutions to issues raised about the CAMTC in the Assembly  
            Business and Profession's Committee staff Background Paper and  
            during its subsequent sunset review hearing.  

          2.Background on CAMTC.  The CAMTC is a nonprofit organization  
            responsible for the voluntary certification and  
            recertification of massage therapists and the recertification  
            of massage practitioners.  The certification law was initially  
            enacted by  SB 731  (Oropeza, Chapter 384, Statutes of 2008).   
            Because certification is voluntary, non-certified individuals  
            may provide massage services in accordance with local rules  
            and regulations.  SB 731 authorized the creation of a  
            governing certification entity, the Massage Therapy  
            Organization which was renamed the CAMTC by  AB 619  (Halderman,  
            Chapter 162, Statutes of 2011).

          Unlike other practice acts in the BPC, the Act is administered  
            by a private nonprofit organization, not an agency under the  
            Department of Consumer Affairs (DCA).  The provision  
            authorizing the establishment of the nonprofit oversight body  
            for the purpose of administering the voluntary massage  
            certification program is specified in the Act.  As a nonprofit  
            public benefit organization, the CAMTC must abide by nonprofit  
            corporations law, as specified in the Corporations Code.  The  
            CAMTC is authorized by statute to take any reasonable actions  








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            necessary to carry out its responsibilities and duties, as  
            specified in the Act.

          CAMTC-certified professionals are recognized throughout  
            California to provide massage services but may still be  
            subject to local ordinances and business regulations. Section  
            51034 of the Government Code provides modest restrictions on  
            local ordinances regarding certified massage professionals and  
            massage businesses.  For individuals who are not certified by  
            the CAMTC, local jurisdictions may regulate those individuals  
            according to their local ordinances.

          The law also authorizes the CAMTC to deny applications and  
            discipline certificate holders by denying an applicant or  
            revoking, suspending, or placing probationary conditions on an  
            individual's certificate.

          The CAMTC's Board of Directors (board) is currently comprised of  
            13 members who are appointed by various entities including,  
            but not limited to, massage trade associations, the League of  
            California Cities, the DCA, the California Police Chiefs  
            Association, the California State Association of Counties, the  
            Chancellor of the California Community Colleges, the  
            California Association of Private Postsecondary Schools, an  
            anti-human trafficking organization, and the CAMTC itself. 

          3.Joint Oversight Hearings and Sunset Review of DCA Licensing  
            Boards.  In March of 2016, the Senate Business and Professions  
            Committee and the Assembly Business and Professions Committee  
            (Committees) conducted several joint oversight hearings to  
            review 12 regulatory entities, including CAMTC.  This bill is  
            intended to implement legislative changes as recommended by  
            the Committees' staff Background Papers prepared for each  
            entity reviewed.

          4.Sunset Review of the CAMTC.  In 2014, the CAMTC underwent its  
            first sunset review which highlighted numerous issues about  
            the operations of the organization and the impact of the  
            massage therapy law - particularly its land use preemption  
            provisions - on local governments.  As a result,  AB 1147   
            (Bonilla, Gomez, and Holden, Chapter 406, Statutes of 2014)  
            made numerous changes to the Act.  The CAMTC was granted a  
            two-year sunset extension in order to provide the Legislature  
            with the opportunity to examine the performance of these new  








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            provisions related to the operations of the CAMTC and the  
            local government response to the elimination of preemption,  
            and make any needed follow-up changes.  Although AB 1147 was  
            signed into law in 2014, the provisions of that bill did not  
            take effect until January 1, 2015.  Some of the major changes  
            required by AB 1147 included: 1) the establishment of a fee  
            cap for certification and recertification fees; 2) sunset the  
            CMP certification tier; 3) expansion of the definition of  
            unprofessional conduct; 4) requirement of the CAMTC to develop  
            policies, procedures, rules or bylaws for the approval of  
            schools; 5) reconstitution of the CAMTC board; 4) return of  
            local control; and established a number of new protections for  
            certified professionals.

          The two-year extension provisions enacted after the CAMTC's last  
            sunset review were intended to provide the Legislature with an  
            opportunity to review the CAMTC's implementation of the  
            numerous changes that resulted from AB 1147.  Moreover, the  
            two-year sunset extension ensured that the Legislature would  
            be able to examine the performance of the new provisions of GC  
            Section 51304 and the deletion of preemption which shifted the  
            regulation of massage businesses back to the local regulatory  
            entities during the transition to make any potentially needed  
            follow-up changes.

          During the review of the CAMTC in 2016, several issues were  
            brought to light regarding the operation of CAMTC and  
            especially the effect of restoring local government's complete  
            regulatory authority over all massage businesses.  Prior to  
            enactment of AB 1147, massage businesses which only employed  
            certified massage professionals were exempt from certain  
            aspects of local control, including zoning, land use, fees or  
            other local requirements, because of a preemption clause in  
            the Act.  AB 1147 deleted any such preemption for  
            certified-only massage professionals in order to restore local  
            government's regulatory authority over all massage businesses  
            in each jurisdiction.  Although AB 1147 was intended to strike  
            a balance between professional regulation and local control,  
            it would appear as if many cities and counties have imposed  
            several types of very restrictive requirements on the  
            operation of massage businesses and establishments within  
            their city boundaries.  As indicated by the American Massage  
            Therapy Association, California Chapter (AMTA-CA), over 100  
            cities have included restrictions in their ordinances which  








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            the massage profession views as "adult entertainment  
            ordinances" as opposed to massage therapy ordinances.   
            Elements of these ordinances include: 
           
                 Moratoria on new businesses and issuance of new business  
               licenses to tenants and independent contractors of existing  
               businesses;

                 Conditional use permits (CUPs);

                 Perceived high application and/or establishment fees;

                 Exclusionary zoning;
                 Distancing requirements from like businesses and/or  
               sensitive land use (such as schools, churches, residences,  
               other massage establishments, etc.?);

                 Prohibited mobile (in-home or outcall) or homebased  
               businesses (home office);massage;

                 Requirements that businesses that provide mobile only  
               services must have a brick and mortar location within the  
               city (not home based);

                 Additional background checks and Live Scans of the CAMTC  
               certificate holders who are owners or operators, including  
               sole providers; and,

                 Additional fees for local authorities to verify  
               certification.

            AMTA-CA provided a list of all the cities with a breakdown of  
            which cities have included some of the elements as stated  
            above and also some of the higher and possibly unreasonable  
            fees which are being charged to open and operate a massage  
            business within their jurisdiction.

            Below is a summary table of provisions from 195 local massage  
            establishment ordinances.  For each type of ordinance  
            provision, it provides the number of jurisdictions (cities or  
            counties) that have ordinances with this provision, the total  
            population of those jurisdictions, and the range of costs  
            where applicable.  This data is aggregated from a spreadsheet  
            that was provided to the Committees in March.








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           ------------------------------------------------------------------ 
          |Provision    |Cost Range     |Number of Local  |Total Population  |
          |             |               |Jurisdictions    |of Jurisdictions  |
          |             |               |with this        |with This         |
          |             |               |Provision in     |Provision         |
          |             |               |Ordinance        |                  |
          |-------------+---------------+-----------------+------------------|
          |Conditional  |$400 - 7,680   |               61|         6,091,373|
          |Use Permit   |               |                 |                  |
          |(CUP)        |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Establishment|$128 - 11,000  |               60|         8,123,664|
          | Permit*     |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Special      |$125 - 6,000   |                9|         1,599,330|
          |Business     |               |                 |                  |
          |License      |               |                 |                  |
                             |-------------+---------------+-----------------+------------------|
          |Zoning       |$350           |                7|         1,222,609|
          |Clearance    |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Spacing      |               |               28|         3,052,520|
          |Requirements*|               |                 |                  |
          |*            |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Restrictive  |               |               22|         1,984,111|
          |Zoning***    |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Requires     |               |               14|         5,459,821|
          |Showers or   |               |                 |                  |
          |Tubs         |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Ancillary    |               |                2|           467,371|
          |Use Only     |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Bans Home    |               |               25|         5,286,497|
          |Occupation***|               |                 |                  |
          |             |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Bans Mobile  |               |               26|         2,354,148|
          |(or          |               |                 |                  |
          |Off-Premise) |               |                 |                  |
          |Massage^     |               |                 |                  |








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          |-------------+---------------+-----------------+------------------|
          |Total number |               |              145|        21,259,821|
          |of           |               |                 |                  |
          |ordinances   |               |                 |                  |
          |containing   |               |                 |                  |
          |one or more  |               |                 |                  |
          |of these     |               |                 |                  |
          |provisions   |               |                 |                  |
          |-------------+---------------+-----------------+------------------|
          |Redundant    |               |               37|3,699,367         |
          |Background   |               |                 |                  |
          |Checks^^     |               |                 |                  |
           ------------------------------------------------------------------ 
           Footnotes  :
          * Establishment permits are not in principle a bad idea, except  
          they are typically accompanied by a discriminatory application  
          process and expensive fees.
          ** Distances range from 250 to 1,000 feet spacing from another  
          massage establishment, church, school, or other sensitive use.
          *** Only ordinances with restrictions that specifically target  
          massage establishments in a manner distinct from other healing  
          arts establishments are included here.
          ^ Some ordinances prohibit it entirely; some limit its provision  
          to providers with brick and mortar establishments inside the  
          jurisdiction.
          ^^ This provision is separated out because its economic impact  
          is limited to less than $200.

            According to AMTA-CA, unaccounted for are costs not paid  
            directly to local governments as fees, yet still imposed on  
            massage businesses.  These costs would include lease payments  
            on a non-earning business space while awaiting a conditional  
            use permit, or space modifications not required of other  
            healing arts businesses.  This list is not exhaustive; these  
            are just the jurisdictions and ordinances we have been made  
            aware of.

            Of the 195 local ordinances reviewed by AMTA-CA, 145 of them  
            contained one or more of the provisions indicated in the  
            table.  The range of special fees charged to open massage  
            establishments ranged from as little as $125 to as much as  
            $11,000.  These are costs payable directly to the local  
            jurisdiction; discriminatory zoning provisions (that prevent  
            massage establishments from opening where other healing arts  








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            professionals are permitted, prohibit two massage  
            establishments from locating within 500 feet of one another,  
            or restrict massage therapy to ancillary use) do not have  
            attendant fees, but as argued by AMTA-CA diminish the pool of  
            viable commercial spaces and increase lease costs.  This  
            ultimately limits the access of the state's citizens to  
            convenient and affordable massage therapy.

            AMTA-CA states that in aggregate, the number of California  
            citizens affected by the ordinances in just these 145 cities  
            and counties totals over 21 million.  Given a state population  
            of 38 million, that means over half of California's citizens  
            (55 percent) are having their access to massage therapy  
            obstructed by these ordinances.  And the banning or  
            restriction of off-premise massage services or home occupation  
            (where it is otherwise allowed for healing arts professions)  
            additionally limits the income possibilities for professional  
            massage therapists.




            AMTA-CA also provided brief summaries of local massage  
            ordinances that it believes have provided a regulatory  
            structure that ". . .respect[s] the profession as they enable  
            local government and law enforcement to prevent and punish  
            criminal activity; those jurisdictions include:  

                  San Mateo County  : background checks are imposed on  
               non-certified owners only. Health and safety inspections  
               are charged at reasonable fees for cost recovery.

                  San Rafael  : after a brief moratorium, the city chose not  
               to impose conditional use or distance limitations on  
               massage establishments.

                  Vacaville  : application, investigation and licensing fee  
               is a total of $48.

                  Fresno  : 2013 massage ordinance requires certification  
               and a no fee registration of massage establishments.

          1.Clarification of Fingerprint and Background Check  
            Requirements.  There appears to be some confusion between  








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            practitioners and local governments regarding the authority  
            granted to local governments to conduct 'background' checks on  
            CAMTC certified individuals.  AB 1147 added GC Section 51034  
            which included minor prohibitions on how a city or county can  
            regulate certified massage practitioners.  GC Section 51304(7)  
            specifically prohibits a city or county from imposing a  
            requirement that a certified person take any test, medical  
            examination, or background check or comply with education  
            requirements beyond what is required in the Act.  This was  
            intended to alleviate cities and counties from conducting  
            duplicative and resource intensive verifications of  
            practitioners 'education and criminal background histories.   
            At the same time, it would also ensure that practitioners need  
            only meet one set of standards and prevent practitioners from  
            paying duplicative fees for background inquiries.  GC Section  
            51034(8) specifies that a local jurisdiction can require a  
            massage business or establishment to obtain a license, permit,  
            certificate or other authorization in order to operate the  
            business.

          Certificated individuals indicated during the sunset review  
            hearing that they have been required to conduct duplicative  
            background checks, specifically submitting to a criminal  
            record background check, or 'livescan', which is already  
            required by the CAMTC for certification.  The duplicative  
            background check process impacts those business owners who are  
            certified solo practitioners, whether working for themselves  
            or as independent contractors working in larger  
            establishments.  These individuals adhere to CAMTC background  
            checks as certified individuals, but also must meet the  
            requirements of local jurisdictions for "business owner"  
            background checks.  This process is costly and duplicative for  
            certificated practitioners who happen to be sole providers or  
            business owners.  At this time, the DOJ's fingerprint  
            background-check system does not allow for fingerprint  
            requests to be shared with multiple entities that require  
            fingerprinting.




          This measure will clarify in Section 51034 of the Government  
            Code that a city or county is precluded from requiring a  
            background check, including a criminal background check, for a  








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            person who is certified pursuant to the Act. 
          
          2.Requested Technical Amendments by CAMTC.  The CAMTC identified  
            several issues in need of technical clarification in its 2015  
            Sunset Review Report, including the three referenced below:

             a)   BPC Section 4601(a) defines an "approved school" or an  
               "approved massage school" as a school that is approved by  
               the council that meets minimum standards for training and  
               curriculum in massage and related subjects, and that is  
               additionally approved by a specified list of accrediting  
               bodies.  As a result of AB 1147, BPC Section 4604(a)(2)(B)  
               specifies that in order to obtain certification, all 500  
               hours of education must be from schools "approved by the  
               council."  As noted in the CAMTC's 2015 Sunset Review  
               Report, because the CAMTC is not the only entity  
               responsible for school-approval, it requests to replace  
               "schools approved by the council" with an "approved school"  
               for consistency with the definition of an "approved school"  
               as defined in BPC Section 4601(a).

             b)   Prior to AB 1147, there was a provision in the Act which  
               required the CAMTC to notify the employers of certificate  
               holders that were suspended based on an arrest with charges  
               filed for Penal Code 647(b) (prostitution), or an act  
               punishable as a sexually-related crime, at the last address  
               filed with the CAMTC.  BPC Section 4610(f)(1)(C) changed  
               this provision to limit the notification of employers to an  
               email-only notification.  As reported by the CAMTC, often  
               times applicants fail to provide the CAMTC with an email  
               address for the vast majority of businesses (even though  
               one is requested), and an email message may easily be  
               ignored.  The CAMTC requests to revise current law to allow  
               for the specified notification to employers to be completed  
               via email or first-class mail.

             c)   BPC Section 4610(e)(4) specifies that when the CAMTC is  
               proposing to deny an application or impose discipline on a  
               certificate holder, the disciplinary procedure is fair and  
               reasonable if specified conditions are followed, including   
               "an opportunity for the applicant or certificate holder, to  
               be heard, orally or in writing."  However, BPC Section  
               4610(g)(2), a provision allowing for suspension based on  
               evidence, does not specify that a certificate holder has  








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               the opportunity to be heard "orally or in writing."  The  
               CAMTC reported that although the CAMTC interprets this  
               provision to provide for an oral hearing or consideration  
               of a written statement, clarification of this provision  
               might better inform certificate holders of their options in  
               appealing a disciplinary matter.  
             
          3.Prior Similar Legislation.   AB 1147  (Bonilla, Gomez and  
            Holden, Chapter 406, Statutes of 2014) revises, recasts,  
            rewrites and makes a number of substantive, clarifying,  
            conforming and technical changes to the Act as follows:   
            deletes the preemption of ordinances and local land use  
            authority for "certified-only" massage establishments;  
            reconstitutes the California Massage Therapy Council (CAMTC);  
            reinforces local massage ordinances; raises professional and   
            educational standards for massage therapists; expands the  
            disciplinary authority of the CAMTC; and extends the sunset  
            date, by two years, until January 1, 2017.

           
          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 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.








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           AB 1822  (Swanson) of 2010, would have added two additional  
            members to the MTO's Board, 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 a 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 Massage  
            Therapy Organizatiion (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.

          4.Arguments in Support.  The AMTA-CA is in support of this  
            measure and states that, "The CAMTC play an important role for  
            our industry and its uninterrupted operation is critical to  
            for our practice."  They indicate that, "we desire certainty  
            and structure in our practice and industry and believe that a  
            four year extension rather than a two year extension  
            [currently three years], as proposed, would give our industry  
            that desired clarity.  The AMTA-CA also notes that while they  
            appreciate the minor technical and clarifying amendments made  
            the Act, they would like to continue to discuss areas of  
            additional concern including the use of moratoria, conditional  
            use permits and establishment feels, and special zoning  
            reserved only for massage establishments.  They also believe  
            that further discussion is warranted with regards to redundant  
            background checks with their members who are being subjected  
            to this requirement in numerous jurisdictions.  They ask that  
            the Author consider additional amendments to the bill to  
            address these concerns.


           5.Policy Issue  :  Should the extension of the sunset date for  
            CAMTC be for only 
          3 years?  Initially the recommendation of the Committees was to  
            consider extending the CAMTC for  four years  in order in order  
            for the organization to continue its regulatory oversight over  
            the Act, and the voluntary certification system. It was  
            requested that the CAMTC continue to work with certificate  
            holders, consumers, local governments, the Legislature, and  








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            other stakeholders to help improve upon the certification  
            system and ensure that only those individuals who meet the  
            education, examination, and background requirements are  
            granted certification, and to take swift enforcement actions  
            against those who violate the Act.  It was also requested that  
            CAMTC should be prepared to testify at a future legislative  
            sunset review hearings, if requested by the Legislature, prior  
            to its next statutorily required sunset review hearing, to  
            discuss its progress in addressing the issues raised in this  
            Background Paper. 

          It is not certain that there is adequate justification to  
            shorten the time frame for CAMTC's sunset review to two or  
            three years.  Generally, when a sunset review timeframe for an  
            entity is shortened it is to require that the entity or agency  
            deal with what might be considered as major outstanding issues  
            of the Committees.  This has been true most recently for the  
            Acupuncture Board and the Veterinary Medical Board.  Both of  
            these agencies had not addressed major issues identified by  
            the Committees including both legislative and regulatory  
            mandates.  Although some issues were raised by the League of  
            Cities regarding the overall operation of CAMTC and its  
            membership, it would appear that those issues have been  
            addressed by CAMTC in several meetings with the League.   
            Although some other issues were raised by the Committees in  
            the Background Paper, it appears as if those concerns were  
            adequately addressed by CAMTC during it sunset review and also  
            in its responses to the Committees which were received on  
            April 14, 2016.  The CAMTC also recently provide to the  
            Committees an extensive report pursuant to Section 4620 of the  
            BPC on the function of CAMTC in meeting its duties and  
            responsibilities in certifying and in disciplining certificate  
            holders when necessary and within a timely fashion.  No  
            problems were identified pursuant to this report.  The CAMTC  
            has also increased its efforts in reaching out to both local  
            governments and law enforcement to provide important training  
            and information on the massage therapy profession and in  
            particular  certified  massage therapists and also recently  
            participated in an important Legislative hearing of the  
            Committees on human trafficking.  Another issue to be  
            considered is the workload and both CAMTC members and staff  
            time that is consumed in preparing for a sunset review that  
            takes away from the overall responsibilities that CAMTC has in  
            meeting many of its requirements under the Act.  








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           The Author may want to consider, based on both the recent  
            conduct and efforts of the CAMTC to comply with the Committees  
            requests, to grant them a four year extension of their sunset  
            date  .




            

          6.Suggested Technical Amendment.  In Section 51034(c) (3) of the  
            BPC, the reference to shower should be separate from the other  
            structures which could be considered as interfering with a  
            client's reasonable expectation of privacy.  It should just be  
            specified that a shower or bath would not be required within a  
            massage establishment.  This clarifying technical amendment  
            makes it clear that a shower or bath could not be required in  
            massage establishment by a city or county.  

          Add paragraph (4) to subsection (c) to read: 

           (4) Require a massage establishment to have a shower or bath.   

          
          SUPPORT AND OPPOSITION:
          
           Support:  

          American Massage Therapy Association, California Chapter  
          (AMTA-CA)
          65 Individual Members of AMTA-CA

           Opposition:  

          None on file as of June 21, 2016.


                                      -- END --