BILL NUMBER: AB 2195	INTRODUCED
	BILL TEXT


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  ,  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. 
   (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 
    (f)     The council shall be governed by a
   board of directors  established pursuant to
subdivision (f) shall terminate, and the terms of 13 new members of
the board of directors   comprised of 13 members 
who shall be chosen in the following  manner, shall begin:
  manner: 
   (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. 
   (h) 
    (g)  Board member terms shall be for four years.

   (i) 
    (h)  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. 
   (j) 
    (i)  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.

   (k) 
    (j)  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).

   (l) 
    (k)  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,  2017,   2019,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2017,   2019,  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.