BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2194 (Salas) - California Massage Therapy Council:  business  
          of massage
          
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          |Version: June 20, 2016          |Policy Vote: B., P. & E.D. 8 -  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 8, 2016    |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 2194 would extend the operation of the California  
          Massage Therapy Council to January 1 2020.


          Fiscal  
          Impact:  
           There is no fiscal impact to the state from the extension of  
            the operation of the California Massage Therapy Council. The  
            Council is a state-authorized non-profit organization and is  
            not part of state government. The state does not provide any  
            funding to the Council, which is funded by fees assessed on  
            applicants for certification.

           Ongoing costs of about $300,000 per year for the Department of  
            Justice to process background checks for applicants applying  
            for certification by the Council (Fingerprint Fees Account).  
            The number of new applicants for certification over the last  
            several years has varied considerably. On average, the Council  
            has received about 10,000 applications per year. Currently,  







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            the Department of Justice assesses a $32 fee to cover its  
            costs to process a background check. (Applicants are also  
            required to pay a fee to the FBI and to the entity that  
            collects the applicant's fingerprint.) 


          Background:  Under current law, the California Massage Therapy Council is  
          established as a nonprofit organization that is responsible for  
          the voluntary certification of massage therapists. Current law  
          does not require individuals providing massage therapy services  
          to be certified by the Council. Those who are not certified are  
          obligated to provide services in accordance with local laws and  
          regulations. For massage therapists who are certified by the  
          Council, current law provides some restrictions on local  
          governments' ability to regulate the provision of massage  
          therapy. 
          Applicants for certification by the Council are required to pay  
          an application fee and submit to a criminal background check,  
          performed by the Department of Justice.


          Current law sunsets the Massage Therapy Act and the operation of  
          the Massage Therapy Council on January 1, 2020.




          Proposed Law:  
            AB 2194 would extend the operation of the California Massage  
          Therapy Council to January 1 2020.
          The bill would also extend an existing requirement for a report  
          from the Council and clarify that a local government may not  
          require a criminal background check from a person certified by  
          the Council.




          Staff  
          Comments:  As noted above, the bill will extend the current  
          costs incurred by the Department of Justice to process criminal  
          background checks for applicants for certification by the  
          Council. The cost estimate above reflects the average annual  
          cost for the Department to process those criminal background  








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          checks. However, in the absence of this bill, a significant  
          portion of those costs may still occur, to the extent that local  
          governments would require massage therapy practitioners to  
          undergo criminal background checks.


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