BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2194 (Salas) - California Massage Therapy Council: business of massage ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 20, 2016 |Policy Vote: B., P. & E.D. 8 - | | | 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- 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, AB 2194 (Salas) Page 1 of ? 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 AB 2194 (Salas) Page 2 of ? 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. -- END --