AB 2793, as amended, Jones. Local government: business license: massage: bowenwork.
Existing law, the Massage Therapy Act, provides for the voluntary certification of the practice of massage therapy by the California Massage Therapy Council. Existing law authorizes a city, county, or city and county to license, regulate, prohibit, or permit an individual who provides massage for compensation without a certificate.
Existing law authorizes the legislative body of a city or county for incorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizesbegin delete anend deletebegin insert thatend insert ordinance to condition the issuance of a license to engage in the business
of massage upon proof that a massage business meets specified reasonable standards set by the ordinance.
This bill wouldbegin delete provide that those ordinance provisions do not apply to a person practicing bowenwork who has been certified by a professional organization, as provided. By requiring a local legislative body to determine whether a person practicing bowenwork satisfies the requirements for exemption, the bill would impose a state-mandated local program.end deletebegin insert state that the business of massage does not include bowenwork.end insert
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 51033.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
The business of massage does not include bowenwork.
Section 51033 of the Government Code is
5amended to read:
(a) This chapter does not apply to cosmetologists,
7barbers, or to persons licensed to practice any healing art pursuant
8to Division 2 (commencing with Section 500) of the Business and
9Professions Code or the Chiropractic Act when engaging in this
10practice within the scope of his or her license.
11(b) Notwithstanding any other provision of law, this chapter
12shall apply to an independent contractor of any person described
13in subdivision (a) if the independent contractor is engaged in, or
14is purported to be engaged in, the business of massage.
15(c) This chapter does not apply to a
person practicing
16bowenwork who has been certified by a professional organization.
17A person practicing bowenwork does not practice massage therapy
18and limits bowenwork practice to one or more of the following
19practices:
20(1) Using touch, words, and directed movement to deepen
21awareness of existing patterns of movement and suggest new
22possibilities of movement.
23(2) Using minimal touch over specific points on the body to
24facilitate balance in the nervous system.
P3 1(3) Using touch to affect the energy
systems, channels, or energy
2of the body.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
O
97