California Legislature—2015–16 Regular Session

Assembly Bill No. 2195

Introduced by Assembly Member Bonilla

February 18, 2016

An act to amend Sections 4602 and 4621 of the Business and Professions Code, relating to massage therapy.

LEGISLATIVE COUNSEL’S DIGEST

AB 2195, as introduced, Bonilla. California Massage Therapy Council: extension of sunset date.

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.

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.

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

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

SECTION 1.  

Section 4602 of the Business and Professions
Code is amended to read:

4602.  

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

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

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

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

(e) The council is authorized to determine whether the
information provided to the council in relation to the certification
of an applicant is true and correct and meets the requirements of
this chapter. If the council has any reason to question whether the
information provided is true or correct begin insert , end insert or meets the requirements
of this chapter, the council is authorized to make any investigation
it deems necessary to establish that the information received is
accurate and satisfies any criteria established by this chapter. The
applicant has the burden to prove that he or she is entitled to
certification.

begin delete

(f) Until September 15, 2015, the council shall be governed by
a board of directors comprised of two representatives selected by
each professional society, association, or other entity, which
membership is comprised of massage therapists and that chooses
to participate in the council. To qualify, a professional society,
association, or other entity shall have a dues-paying membership
in California of at least 1,000 individuals for the last three years
and shall have bylaws that require its members to comply with a
code of ethics. The board of directors shall also include each of
the following persons:

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

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

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

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

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

(6) The council’s bylaws shall establish a process for appointing
other professional directors to the council who have knowledge
of the massage industry or can bring needed expertise to the
operation of the council for purposes of complying with Section
4603.

(g) At 12 p.m. Pacific standard time on September 15, 2015,
the term of each member of the

end delete

begin insert (f) end insert begin insert   end insert begin insert The council shall be governed by a end insert begin insert end insert board of directors
begin delete established pursuant to subdivision (f) shall terminate, and the
terms of 13 new members of the board of directors end delete begin insert comprised of
13 members end insert who shall be chosen in the following begin delete manner, shall
begin: end delete begin insert manner: end insert

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

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

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

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

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

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

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

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

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

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

(B) If there is more than one professional society, association,
or other entity that meets the requirements of subparagraph (A),
the appointment shall rotate based on a four-year term between
each of the qualifying entities. The qualifying entity shall maintain
its appointment authority during the entirety of the four-year term
during which it holds the appointment authority. The order in
which a qualifying professional society, association, or other entity
has the authority to appoint shall be determined by alphabetical
order based on the full legal name of the entity as of January 1,
2014.

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

begin delete

(h)

end delete

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

begin delete

(i)

end delete

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

begin delete

(j)

end delete

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

begin delete

(k)

end delete

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

begin delete

(l)

end delete

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

SEC. 2.  

Section 4621 of the Business and Professions Code is
amended to read:

4621.  

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

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