BILL ANALYSIS �
AB 619
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 619 (Halderman)
As Amended July 1, 2011
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |36-0 |(July 11, |
| | | | | |2011) |
-----------------------------------------------------------------
Original Committee Reference: B.,P. & C.P.
SUMMARY : Authorizes the California Massage Therapy Council
(CAMTC) to revoke the massage certificate of an owner or
operator of a massage establishment or business for an employee
or independent contractor's violations, as specified, requires
certificate holders to include their name and certificate number
in all advertising and to display their certificate at their
place of business, requires CAMTC to be sued only in the county
of its principal office, and makes conforming changes.
The Senate amendments :
1)Prohibit local governments from enacting an ordinance or
enforcing an existing ordinance that requires a license,
permit, or other authorization to provide massage for
compensation against an individual certified under existing
state law or against a massage business or massage
establishment that employs or uses only persons who are so
certified.
2)Require that a local business licensing fee be no different
than the fee that is uniformly applied to all other
individuals and businesses providing professional services, as
defined and specified.
3)Authorize local governments to conduct background checks of an
owner of 5% or more of a massage business or massage
establishment, as specified.
4)Delete the requirement that applicants and certificate holders
are liable for charges incurred before the certificate denial
or certificate holder discipline, or other specified charges.
5)Recast the term "approved schools" and clarifies its
AB 619
Page 2
definition to mean a school recognized by the CAMTC that meets
requirements, as specified.
AS PASSED BY THE ASSEMBLY , this bill is substantially similar to
the version approved by the Senate. The Senate amendments make
technical and clarifying changes regarding the jurisdiction of
local governments over massage therapy businesses and
establishments and allow cities to require a background check on
owners of massage establishments.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : SB 731 (Oropeza), Chapter 384, Statutes of 2008
created voluntary statewide certification of massage therapists
and the Massage Therapy Organization (now referred to as CAMTC)
with the authority to implement the certification program. The
purpose of the CAMTC was to make the process of certification
the same throughout the state, rather than different in each
city and county. The California Statewide Voluntary Massage
Certification allows for work in multiple California locations
without the need for multiple permits or fees.
According to the author, "Over 40,000 massage professionals
practice in California. Some are independent practitioners
while many others are employees of spas and chiropractors. In
the almost two years that statewide voluntary massage
certification has been in place, over 26,000 have applied for
certification, and thus far 20,000 have successfully
demonstrated proof of qualification for certification. Moving
forward, there is a need for some technical and clean-up changes
to improve the original law, SB 731 (Oropeza), Chapter 384,
Statutes of 2008."
Analysis Prepared by : Marina Wiant / B.,P. & C.P. / (916)
319-3301
FN:
0001619
AB 619
Page 3