BILL ANALYSIS
SB 374
Page 1
Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
SB 374 (Calderon) - As Amended: June 24, 2009
SENATE VOTE : 22-13
SUBJECT : Personal trainers.
SUMMARY : Establishes educational and training requirements for
personal trainers (PTs) and prohibits individuals from calling
themselves PTs unless they meet those requirements.
Specifically, this bill :
1)Prohibits individuals from representing to the public by
stating, or through any print or electronic media, that he or
she is a PT, unless the individual:
a) Has a bachelor's degree in exercise science,
kinesiology, fitness science, or another closely related
field; or,
b) The person is certified under one of the following:
i) By a national independent organization whose
certification procedures for personal trainers have been
approved by the National Commission for Certifying
Agencies (NCCA); or,
ii) As a personal trainer by an organization accredited
by:
(1) The Council for Higher Education Accreditation
(CHEA);
(2) The U.S. Department of Education; or,
(3) The American National Standards Institute
(ANSI).
2)Defines a PT as an individual who has expertise in developing
and implementing physical fitness and training programs for
individuals, and who provides those services through either a
direct financial relationship with an individual or through an
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organization that is compensated for making those services
available.
3)Exempts individuals who only provide training in a particular
discipline such as yoga, pilates, or with the use of a
particular piece of equipment or device such as a bicycle,
that does not include providing advice or assistance on other
aspects of physical fitness and training, such as body weight
management, cardiovascular fitness, endurance, and overall
muscle and strength development.
4)Requires a PT to maintain accreditation or certification, as
specified, in good standing.
5)Requires a corporation, limited liability company, or other
business unit defined as a "person" to verify that the person
holding him or herself out as a PT is in compliance with this
bill.
6)Subjects a person who holds him or herself out to be a PT
while his or her accreditation certification is not in good
standing to the following administrative fines:
a) $500 for the first violation;
b) $750 for the second violation; and,
c) $1000 for a third violation. Upon the third violation,
an individual must not hold him or herself out to be a PT.
7)Requires, upon an appropriation by the Legislature, the
Department of Consumer Affairs (DCA) to:
a) Accept consumer complaints pertaining to personal
trainers;
b) Refer complaints to the district attorney for the county
in which the personal trainer resides to investigate these
complaints; and,
c) Collect administrative fines and deposit them in the
Consumer Affairs Fund, transferring 50% to the district
attorney's office in which the fined PT resides.
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8)Becomes operative on January 1, 2012.
EXISTING LAW establishes various boards and bureaus within the
DCA that provide consumer protection through the licensure and
regulation of persons engaged in specified professions.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "SB 374
defines what it means to be a PT in the State of California,
both in terms of job description and a trainer's education and
training. This will help customers make informed choices about
who they pick to train them. Further, this also helps reputable
trainers by making sure they stand out from trainers with less
education and training."
Background . PTs work individually with clients in either a gym
or in a client's home by assessing physical fitness and setting
and reaching fitness goals. Personal training requires
knowledge of nutrition, exercise prescription, and the
principles of physiology. Currently there is no state or
national standard to become a PT.
Many private organizations offer PT certification, which range
widely in quality. In 2003, the International Health, Racquet
and Sportsclub Association (IHRSA) recommended that its member
clubs only hire personal trainers holding either a current
certification accredited by the NCCA or a personal training
certificate or degree from an institution recognized by the CHEA
and/or the U.S. Department of Education. Unfortunately, there
is no data about compliance with this suggestion, nor any data
proving higher performance associated with certification.
However, a 2002 study published in the Journal of Strength and
Conditioning found that individuals with academic backgrounds in
exercise science or physical education had greater knowledge of
nutrition, health screening, testing protocols, exercise
prescription and general training knowledge regarding special
populations as relate to the job requirements of a PT.
According to the U.S. Bureau of Labor Statistics, fitness
workers held about 235,000 jobs in 2006, almost all working in
physical fitness facilities, health clubs, and fitness centers.
About 8% of fitness workers were self-employed; many of these
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were personal trainers. Many fitness jobs are part time, and
many workers hold multiple jobs, teaching or doing personal
training at several different fitness centers and at clients'
homes.
Median annual earnings of fitness trainers in May 2006 were
$25,910. The middle 50% earned between $18,010 and $41,040. The
bottom 10% earned less than $14,880, while the top 10% earned
$56,750 or more. The creation of new licensure categories often
raise concerns that heightened education requirements will
increase costs to gyms and, ultimately, members, in order to
attract qualified individuals. However, this must be balanced
with the value of increased consumer protection.
There are no available statistics on harm caused by PTs. Marc
Rabinoff, Ed.D., a professor in the department of human
performance at Metropolitan State College of Denver., says
lawsuits against trainers are rare. "Personal trainers
typically aren't sued, either because the client has signed a
liability waiver, which releases the trainer and the health club
from responsibility, or because the trainer doesn't have
insurance - a lawyer won't take the case if you can't get any
damages paid," he says.
Arguments in support : The author's office quotes an article
from Women's Health magazine in support of this bill: "'Even
the woman who waxes your upper lip may have had more training -
and she is certainly subject to more legal oversight - than the
one who pushes your cardiovascular, muscular, and nervous
systems.' Consumers have a right to know the level of education
and training they are getting when they sign on with a PT.
Additionally, trainers that have a high level of education
should be able to differentiate themselves from 'fly by night'
instructors."
Arguments in opposition : DCA writes, "The Department questions
the severity of the issues regarding personal trainers, and the
causal link between the injuries the author cites and personal
trainers. For one thing the Department is not aware of
significant harm done by personal trainers. It should be
pointed out that any time an individual engages in strenuous
exercise, there is a risk of injury. It is also worth noting
that this bill does not provide for any enforcement of its
provisions, which might mitigate much of what this bill seeks to
do. Lastly, the Department believes that this bill could result
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in less consumer choice, and higher prices for personal training
services. For these reasons, the Department does not believe
that placing the regulatory burdens this bill would impose on
PTs is justified at this time."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
California Chiropractic Association
Department of Consumer Affairs
YMCA
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301