AB 1147, as amended, Gomez. Massage therapy.
Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and massage therapists by the California Massage Therapy Council.begin insert Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage practitioner, including, but not limited to, successfully completing curricula in massage and related subjects totaling a minimum of 250 hours or the credit unit equivalent, as specified.end insert
Existing law requires specified businesses and other establishments, upon the availability of a model notice developed by the Department of Justice, to post a notice that contains information related to slavery and human trafficking, including information related to specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Existing law exempts from the posting requirements massage establishments or businesses that are the sole proprietorship of an individual who is voluntarily certified pursuant to the provisions described above or that employ or use only persons who are so certified.
end deleteThis bill would, notwithstanding any other law, subject massage establishments or businesses that are the sole proprietorship of an individual who is voluntarily certified pursuant to the provisions described above or that employ or use only persons who are so certified to the posting requirements described above.
end deleteThis bill would additionally require an applicant for a certificate as a massage practitioner to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the council.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 4601 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
(a) The council shall issue a certificate under this chapter
4to an applicant who satisfies the requirements of this chapter.
5(b) (1) In order to obtain certification as a massage practitioner,
6an applicant shall submit a written application and provide the
7council with satisfactory evidence that he or she meets all of the
8following requirements:
9(A) The applicant is 18 years of age or older.
10(B) The applicant has successfully completed, at an approved
11school, curricula in massage and related subjects, totaling a
12minimum of 250 hours or the credit unit equivalent, that
13incorporates appropriate school assessment of
student knowledge
14and skills. Included in the hours shall be instruction addressing
15anatomy and physiology, contraindications, health and hygiene,
16and business and ethics, with at least 100 hours of the required
17minimum 250 hours devoted to these curriculum areas.
18(C) The applicant has passed a massage and bodywork
19competency assessment examination that meets generally
P3 1recognized psychometric principles and standards, and that is
2approved by the council. The successful completion of this
3examination may have been accomplished before the date the
4council is authorized by this chapter to begin issuing certificates.
5(C)
end delete6begin insert(D)end insert All fees required by the council have been paid.
7(2) New certificates shall not be issued pursuant to this
8subdivision after December 31, 2015. Certificates issued pursuant
9to this section or subdivision (a) or (c) of Section 4604 on or before
10December 31, 2015, shall, after December 31, 2015, be renewed
11without any additional educational requirements, provided that the
12certificate holder continues to be qualified pursuant to this chapter.
13(c) In order to obtain certification as a massage therapist, an
14applicant shall submit a written application and provide the council
15with satisfactory evidence that he or she meets all of the following
16requirements:
17(1) The applicant is 18 years of age or older.
18(2) The applicant satisfies at least
one of the following
19requirements:
20(A) He or she has successfully completed the curricula in
21massage and related subjects totaling a minimum of 500 hours or
22the credit unit equivalent. Of this 500 hours, a minimum of 250
23hours shall be from approved schools. The remaining 250 hours
24required may be secured either from approved or registered schools,
25or from continuing education providers approved by, or registered
26with, the council or the Department of Consumer Affairs. After
27December 31, 2015, applicants may only satisfy the curricula in
28massage and related subjects from approved schools.
29(B) The applicant has done both of the following:
30(i) Successfully completed, at an approved school, curricula in
31massage and related subjects totaling a minimum of 250 hours that
32incorporates appropriate school assessment of
student knowledge
33and skills. Included in the hours shall be instruction addressing
34anatomy and physiology, contraindications, health and hygiene,
35and business and ethics, with at least 100 hours of the required
36minimum 250 hours devoted to these curriculum areas.
37(ii) Passed a massage and bodywork competency assessment
38examination that meets generally recognized psychometric
39principles and standards, and that is approved by the board. The
40successful completion of this examination may have been
P4 1accomplished before the date the council is authorized by this
2chapter to begin issuing certificates.
3(3) All fees required by the council have been paid.
4(d) The council shall issue a certificate to an applicant who
5meets the other qualifications of this chapter and holds a current
6and valid registration, certification, or
license from any other state
7whose licensure requirements meet or exceed those defined within
8this chapter. The council shall have discretion to give credit for
9comparable academic work completed by an applicant in a program
10outside of California.
11(e) An applicant applying for a massage therapist certificate
12shall file with the council a written application provided by the
13council, showing to the satisfaction of the council that he or she
14meets all of the requirements of this chapter.
15(f) Any certification issued under this chapter shall be subject
16to renewal every two years in a manner prescribed by the council,
17and shall expire unless renewed in that manner. The council may
18provide for the late renewal of a license.
19(g) (1) The council shall have the responsibility to determine
20that the school
or schools from which an applicant has obtained
21the education required by this chapter meet the requirements of
22this chapter. If the council has any reason to question whether or
23not the applicant received the education that is required by this
24chapter from the school or schools that the applicant is claiming,
25the council shall investigate the facts to determine that the applicant
26received the required education prior to issuing a certificate.
27(2) For purposes of paragraph (1) and any other provision of
28this chapter for which the council is authorized to receive factual
29information as a condition of taking any action, the council shall
30have the authority to conduct oral interviews of the applicant and
31others or to make any investigation deemed necessary to establish
32that the information received is accurate and satisfies any criteria
33established by this chapter.
34(h) The
certificate issued pursuant to this chapter, as well as
35any identification card issued by the council, shall be surrendered
36to the council by any certificate holder whose certificate has been
37suspended or revoked.
Section 4612.5 is added to the Business and
39Professions Code, to read:
Notwithstanding any other law, a massage
2establishment or business described in paragraph (1) of subdivision
3(b) of Section 4612 shall comply with the posting requirements
4specified in Section 52.6 of the Civil Code.
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