Amended in Senate April 23, 2014

Amended in Assembly January 14, 2014

Amended in Assembly January 6, 2014

Amended in Assembly May 31, 2013

Amended in Assembly May 13, 2013

Amended in Assembly May 1, 2013

Amended in Assembly April 15, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1147

Introduced by begin delete Assembly Member Gomez end delete begin insert Assembly Members Bonilla, Gomez, and Holden end insert

begin delete

(Coauthor: Assembly Member Muratsuchi)

end delete

February 22, 2013

An act to begin delete amend Section 4601 of end delete begin insert add and repeal Chapter 10.5 (commencing with Section 4600) of Division 2 of end insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1147, as amended, begin delete Gomez end delete   begin insert Bonilla end insert . 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. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage begin delete 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 delete begin insert practitioner or massage therapist. end insert begin insert Existing law authorizes a city, county, or city and county to impose certain requirements on massage establishments or businesses that are the sole proprietorship of an individual certified pursuant to existing state law or that employ or use only persons who are so certified. Existing law authorizes a city, county, or city and county to, among other things, adopt reasonable health and safety requirements, as specified, pertaining to those massage establishments or businesses, and to require an applicant for a business license to operate a massage business or establishment to fill out an application that requests relevant information, as specified. end insert

begin insert

This bill would reenact, revise, and recast these provisions to, among other things, additionally provide for the registration of massage establishments and the certification of massage establishment operators, as specified. The bill would discontinue the issuance of new massage practitioner certificates after January 1, 2015, except as provided, but would authorize the renewal of massage practitioner certificates issued prior to January 1, 2015. The bill would require that all certificates or registrations issued pursuant to these provisions be subject to renewal every 2 years, except as provided. The bill would require the board of directors of the council to adopt requirements for the continuing education of certificate holders, as specified, and would require the council to inspect and approve schools or continuing education providers.

end insert begin insert

The bill would authorize the council to deny an application for a certificate or registration, or to discipline a certificate holder or registered establishment for violation of these provisions, as specified. The bill would require the board to exercise its denial or discipline authority by means of fair and reasonable procedures that, among other things, provide the applicant, certificate holder, or registered establishment with notice and an opportunity to be heard, as specified. The bill would provide that unprofessional conduct in violation of these provisions includes, among other things, engaging in sexually suggestive advertising related to massage services and engaging in sexual activity while providing massage services for compensation.

end insert begin insert

The bill would, notwithstanding any other law, prohibit a city, county, or city and county from enacting an ordinance that conflicts with these provisions and would prohibit any conflicting ordinance that is in effect before the effective date of these provisions from being enforced against a certificate holder or registered establishment. However, the bill would authorize a city, county, or city and county to enact ordinances that require a certificate holder or registered establishment to, among other things, obtain a license, permit, or other authorization, as specified, and abide by reasonable health and safety requirements, as specified.

end insert begin insert

The bill would authorize a court to issue an injunction or to provide any other relief it deems appropriate for violations of these provisions, as specified. The bill would provide that the powers and duties of the council are subject to review by the appropriate committees of the Legislature and would require the council to provide a specified report to these committees on or before June 1, 2016.

end insert begin insert

The bill would provide that these provisions are issues of statewide concern, and therefore applicable statewide. The bill would also provide that its provisions be severable.

end insert begin insert

The bill would repeal these provisions on January 1, 2017.

end insert begin delete

This 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 delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of Legislature that this act enable
consumers and local governments to more easily identify trained
massage professionals, provide for the consistent and statewide
certification and oversight of massage professionals, ensure that
schools teaching massage provide a high level of training and
protection for students, assist local governments and law
enforcement in maintaining the highest standards of performance
by certificated professionals, and provide for a self-funded
nonprofit oversight body to certify massage professionals, register
massage establishments, and ensure full compliance with, and
execution of, the requirements of this act. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 10.5 (commencing with Section 4600) is added
to Division 2 of the end insert begin insert Business and Professions Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 10.5. end insert Massage Therapy Act

 

begin insert 4600. end insert   

This chapter shall be known and may be cited as the
Massage Therapy Act. Whenever a reference is made to the
Massage Therapy Act by any statute, it shall be construed to refer
to this chapter.

begin insert 4601. end insert   

As used in this chapter, the following terms shall have
the following meanings:

(a) “Approved school” or “approved massage school” means
a school approved by the council that meets minimum standards
for training and curriculum in massage and related subjects, that
meets any of the following requirements, and that has not been
otherwise disapproved by the council:

(1) Is approved by the Bureau for Private Postsecondary
Education.

(2) Is approved by the Department of Consumer Affairs.

(3) Is an institution accredited by the Accrediting Commission
for Senior Colleges and Universities or the Accrediting
Commission for Community and Junior Colleges of the Western
Association of Schools and Colleges and that is one of the
following:

(A) A public institution.

(B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, and that is not managed by any entity for
profit.

(C) A for-profit institution.

(D) An institution that does not meet all of the criteria in
subparagraph (B) that is incorporated and lawfully operating as
a nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, that has been in continuous operation since
April 15, 1997, and that is not managed by any entity for profit.

(4) Is a college or university of the state higher education
system, as defined in Section 100850 of the Education Code.

(5) Is a school requiring equal or greater training than what is
required pursuant to this chapter and is recognized by the
corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.

(b) “Certificate” means a valid certificate issued by the council
pursuant to this chapter.

(c) “Compensation” means a payment, loan, advance, donation,
contribution, deposit, or gift of money, or anything of value.

(d) “Council” means the California Massage Therapy Council
created pursuant to this chapter, which shall be a nonprofit
organization exempt from taxation under Section 501(c)(3) of Title
26 of the United States Code.

(e) “Massage” means the scientific manipulation of the soft
tissues. For purposes of this chapter, the terms “massage” and
“bodywork” shall have the same meaning.

(f) “Massage establishment” or “establishment” means a
business, studio, facility, or other entity that provides massage for
compensation on its premises.

(g) “Massage practitioner” means a person who is certified by
the council under Section 4604.2 and who administers massage
for compensation.

(h) “Massage therapist” means a person who is certified by the
council under Section 4604 and who administers massage for
compensation.

(i) “Registration” means a valid establishment registration
issued by the council pursuant to this chapter.

(j) “Registered massage establishment” or “registered
establishment” means a massage establishment that is registered
with the council pursuant to Section 4613 as employing or using
only certificate holders to administer massage for compensation,
and that is in good standing and otherwise in compliance with the
requirements of this chapter.

(k) “Operator” means a person, whether owner or nonowner,
who manages the day-to-day operations of a massage establishment
and supervises two or more certificate holders in the administration
of massage for compensation. An operator need not be an owner
of the establishment.

(l) “Owner” means a person having any ownership interest in
a massage establishment, including, but not limited to, an officer,
director, manager, or partner of a corporation, a partnership, or
any other business entity, formation, or relationship.

begin insert 4602. end insert   

(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, the hiring of staff, entering into
contracts, and developing policies and procedures 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 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, and shall issue a registration to a massage
establishment that satisfies the requirements of this chapter.

(e) The council shall determine that the information provided
to the council in relation to the certification of an applicant or
registration of an establishment is true and correct and meets the
requirements of this chapter. If the council has any reason to
question whether or not 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.

(f) Until July 1, 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, except from those qualifying associations that
choose 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, as determined by the board.

(g) On July 1, 2015, the board of directors established pursuant
to subdivision (f) shall be dissolved, and the council shall instead
be governed by a board of directors comprised of 11 members
chosen in the following manner:

(1) One member shall be a representative of the League of
California Cities, unless that entity chooses not to exercise this
right of selection.

(2) One member shall be a representative of the California
Police Chiefs Association, unless that entity chooses not to exercise
this right of selection.

(3) One member shall be a representative of the California State
Association of Counties, unless that entity chooses not to exercise
this right of selection.

(4) One member shall be appointed to the board by the Senate
Committee on Rules, who shall be a member of the public.

(5) One member shall be appointed to the board by the Speaker
of the Assembly, who shall be a member of the public.

(6) Six members shall be appointed to the board by the
Governor. One member shall represent the Department of
Consumer Affairs, one member shall be a member of the public,
and four members shall be representatives of the massage industry.

(h) Board member terms shall be four years.

(i) 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 two hundred fifty dollars ($250). The renewal fee shall be
reassessed biennially by the board.

(j) 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).

begin insert 4603. end insert   

Protection of the public shall be the highest priority for
the council in exercising its certification, registration, disciplinary,
and other functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.

begin insert 4604. end insert   

(a) In order to obtain certification as a massage
therapist, an applicant shall submit a written application and
provide the council with satisfactory evidence that he or she meets
all of the following requirements:

(1) The applicant is 18 years of age or older.

(2) The applicant has successfully completed the curricula in
massage and related subjects totaling a minimum of 500 hours,
or the credit unit equivalent, that incorporates appropriate school
assessment of student knowledge and skills.

(A) Of the 500 hours, a minimum of 100 hours of instruction
shall address anatomy and physiology, contraindications, health
and hygiene, and business and ethics.

(B) Of the 500 hours, a minimum of 250 hours shall be from
approved schools. The remaining 250 hours required may be
secured either from approved schools or from a continuing
education provider approved by the council.

(3) The applicant has passed a massage and bodywork
competency assessment examination that meets generally
recognized psychometric principles and standards, and that is
approved by the council. The successful completion of this
examination may have been accomplished before the date the
council is authorized by this chapter to begin issuing certificates.

(4) The applicant has successfully passed a background
investigation pursuant to Section 4606.

(5) All fees required by the council have been paid.

(b) A certificate issued pursuant to this chapter and any
identification card issued by the council shall be surrendered to
the council by any certificate holder whose certificate has been
suspended or revoked.

begin insert 4604.1. end insert   

(a) In order to obtain certification as a massage
establishment operator, an applicant shall submit a written
application and provide the council with satisfactory evidence that
he or she meets all of the following requirements:

(1) The applicant is 18 years of age or older.

(2) The applicant has successfully completed curricula related
to massage management and related subjects totaling a minimum
of 50 hours, or the credit unit equivalent, that incorporates health
and hygiene, and business and ethics. The 50 hours may be secured
either from approved schools or from a continuing education
provider approved by the council.

(3) The applicant has successfully passed a background
investigation pursuant to Section 4606.

(4) All fees required by the council have been paid.

(b) A certificate issued pursuant to this chapter and any
identification card issued by the council shall be surrendered to
the council by any certificate holder whose certificate has been
suspended or revoked.

(c) An operator of a massage establishment may be held
responsible and disciplined by the council for conduct by any
employee, independent contractor, or volunteer working on the
premises of the operator’s establishment that violates any law or
the policies and procedures of the council, if the operator knew
or should have known of the conduct.

(d) A certificate may be issued by the council pursuant to this
section on or after January 1, 2016.

begin insert 4604.2. end insert   

(a) The council shall not issue any new certificates to
practice as a certified massage practitioner on or after January
1, 2015.

(b) Certificates to practice as a certified massage practitioner
issued prior to January 1, 2015, may be renewed, if the certificate
holder continues to be qualified pursuant to this chapter and is
not otherwise out of compliance with the requirements of this
chapter.

(c) A massage practitioner certificate issued prior to January
1, 2015, and any identification card issued by the council, shall
be surrendered to the council by any certificate holder whose
certificate has been suspended or revoked.

begin insert 4604.3. end insert   

(a) A person who was issued a conditional certificate
to practice as a massage practitioner shall, within five years of
being issued the conditional certificate, complete at least 30 hours
of additional education per year from approved schools or from
providers approved by the council.

(b)  A conditional certificate shall immediately be nullified,
without need for further action by the council, if proof of
completion of the requirements specified in subdivision (a) is not
filed with the council within five years of the issuance of the
conditional certificate.

(c) Notwithstanding subdivision (a) of Section 4604.2, the
council shall issue a new certificate to practice as a massage
practitioner to a person that successfully completes the
requirements described in subdivision (a).

begin insert 4605. end insert   

(a) Except as otherwise provided, a certification or
registration issued pursuant to this chapter shall be subject to
renewal every two years in the manner prescribed by the council.
A certificate or registration issued by the council shall expire after
two years unless renewed as prescribed. The council may provide
for the late renewal of a certificate or registration.

(b) To the extent required by this chapter, a certificate holder
seeking renewal shall submit proof satisfactory to the council that,
during the preceding two years, he or she has completed the
required number of continuing education hours in an approved
form and from an approved provider, as determined by the council.

begin insert 4606. end insert   

(a) Prior to issuing a certificate or a registration to an
applicant, or designating a custodian of records, the council shall
require the applicant or the custodian of records candidate to
submit fingerprint images as directed by the council and in a form
consistent with the requirements of this section.

(b) The council shall submit the fingerprint images and related
information to the Department of Justice for the purpose of
obtaining information as to the existence and nature of a record
of state and federal level convictions and of state and federal level
arrests for which the Department of Justice establishes that the
applicant or candidate was released on bail or on his or her own
recognizance pending trial.

(c) Requests for federal level criminal offender record
information received by the Department of Justice pursuant to this
section shall be forwarded to the Federal Bureau of Investigation
by the Department of Justice. The Department of Justice shall
review the information returned from the Federal Bureau of
Investigation, and shall compile and disseminate a fitness
determination regarding the applicant or candidate to the council.
The Department of Justice shall provide information to the council
pursuant to subdivision (p) of Section 11105 of the Penal Code.

(d) The Department of Justice and the council may charge a
fee sufficient to cover the cost of processing the request for state
and federal level criminal offender record information.

(e) The council shall request subsequent arrest notification
service from the Department of Justice, as provided under Section
11105.2 of the Penal Code, for all applicants for certification or
registration, or custodian of records candidates for whom
fingerprint images and related information are submitted to
conduct a search for state and federal level criminal offender
record information.

(f) The council is authorized to receive arrest notifications and
other background material about applicants and certificate and
registration holders from a city, county, or city and county.

begin insert 4607. end insert   

(a) The council shall adopt requirements for the
continuing education of certificate holders, to become effective on
the date specified by the council. The requirements shall address
the total number of hours required, acceptable forms of continuing
education, approved providers of continuing education, and any
other matters deemed necessary by the council. Continuing
education requirements for certificate holders shall not exceed 30
hours every two years.

(b) The council shall perform random audits in order to ensure
compliance with these requirements.

(c) The administration of this section may be funded through
renewal fees and continuing education provider fees, not to exceed
the amounts necessary to cover the reasonable costs of
administering this section.

(d) This section shall become effective on January 1, 2016.

begin insert 4608. end insert   

In addition to the other requirements of this chapter, a
certificate holder shall:

(a) Display his or her original certificate wherever he or she
provides massage for compensation. A certificate holder shall
have his or her identification card in his or her possession while
providing massage services for compensation.

(b) Provide his or her full name and certificate number upon
the request of a member of the public, the council, or a member
of law enforcement, or a local government agency charged with
regulating massage or massage establishments, at the location
where he or she is providing massage services for compensation.

(c) Include the name under which he or she is certified and his
or her certificate number in any and all advertising of massage
for compensation.

(d) Notify the council within 30 days of any changes in the
certificate holder’s home address or the address of any massage
establishment or other location where he or she regularly practices
massage.

begin insert 4609. end insert   

(a) It is a violation of this chapter for a certificate holder
to commit any of the following acts:

(1) Unprofessional conduct, including, but not limited to, any
of the following:

(A) Engaging in sexually suggestive advertising related to
massage services.

(B) Engaging in any form of sexual activity on the premises of
a massage establishment where massage is provided for
compensation, excluding a residence.

(C) Engaging in sexual activity while providing massage
services for compensation.

(D) Practicing massage on a suspended license, or practicing
outside of the conditions of a restricted license.

(2) Procuring or attempting to procure a certificate by fraud,
material misrepresentation, or mistake.

(3) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to in this chapter for the
issuance of a certificate.

(4) Impersonating a certificate holder, or permitting or allowing
a noncertified person to use a certificate.

(5) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or any rule or bylaw adopted by the
council.

(6) Committing any fraudulent, dishonest, or corrupt act that
is substantially related to the qualifications or duties of a certificate
holder.

(7) Being the subject, while holding a valid certificate, of a
denial of licensure, revocation, suspension, restriction, or any
other disciplinary action by another state or territory of the United
States, by any other government agency, or by another California
health care professional licensing board, or having been the subject
of such discipline before submitting an application without fully
disclosing that fact to the council. A certified copy of the decision,
order, or judgment shall be conclusive evidence of these actions.

(8) Being convicted of any felony, misdemeanor, infraction, or
municipal code violation, or being held liable in an administrative
or civil action for an act, that is substantially related to the
qualifications, functions, or duties of a certificate holder while
holding a valid certificate. A record of the conviction or other
judgment shall be conclusive evidence of the crime or liability.

(9) Having been convicted of crimes or held liable for acts
described in paragraph (8) prior to submitting an application for
certification and failing to fully disclose that fact to the council.
A record of the conviction or other judgment shall be conclusive
evidence of the crime or liability.

(10) Committing any act punishable as a sexually related crime
or being required to register pursuant to the Sex Offender
Registration Act (Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1 of the Penal Code), or being required to register
as a sex offender in another state.

(11) Failing to pay fines or fees levied by a city, county, or city
and county for violations pertaining to the practice of massage
within 90 days of becoming due, unless a formal dispute process
is pending, the certificate holder is in bankruptcy proceedings, or
the fines or fees are otherwise waived by the council.

(b) The council may deny an application for a certificate or
registration for the commission of any of the acts described in
subdivision (a). The council may also discipline a certificate holder
or registered massage establishment, in any manner permitted by
this chapter, for the commission of any of those acts by a certificate
holder, or by an employee, contractor, or volunteer of a registered
establishment while on the premises, if any owner or operator of
the establishment knew or should have known of the acts.

begin insert 4610. end insert   

(a) An applicant for a certificate or registration shall
not be denied a certificate or registration, and a certificate holder
or registered establishment shall not be disciplined, pursuant to
this chapter except according to procedures satisfying the
requirements of this section. Denial or discipline not in accord
with this section shall be void and without effect.

(b) The council may discipline a certificate holder or a
registered establishment by any, or a combination, of the following
methods:

(1) Placing the certificate holder or registered establishment
on probation, which may include limitations or conditions on
practice.

(2) Suspending the certificate or registration and the rights
conferred by this chapter on a certificate holder or registered
establishment for a period not to exceed one year.

(3) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.

(4) Revoking the certificate or registration.

(5) Taking other action as the council, as authorized by this
chapter or its bylaws, deems proper.

(c) The council may issue an initial certificate or registration
on probation, with specific terms and conditions, to any applicant.

(d) A registered establishment may be held accountable for the
conduct of employees, independent contractors, and volunteers
working on the premises of the establishment, including individuals
not authorized to provide massage services for compensation, and
may be disciplined by the council pursuant to this chapter, if any
owner or operator of the registered establishment knew or should
have known of the conduct.

(e) Any denial or discipline shall be decided upon and imposed
in good faith and in a fair and reasonable manner. Any procedure
that conforms to the requirements of subdivision (f) is fair and
reasonable, but a court may also find other procedures to be fair
and reasonable when the full circumstances of the denial or
discipline are considered.

(f) A procedure is fair and reasonable if all of the following
apply:

(1) Denial or discipline shall be based on a preponderance of
the evidence. In determining the basis for the denial or discipline,
the council may consider all written documents or statements as
evidence, but shall weigh the reliability of those documents or
statements.

(2) The provisions of the procedure are publically available on
the council’s Internet Web site.

(3) The council provides 15 calendar days prior notice of the
denial or discipline and the reasons for the denial or discipline.

(4)  The council provides an opportunity for the applicant,
certificate holder, or registered establishment to be heard, orally
or in writing, not less than five days before the effective date of
the denial or discipline, by a person or body authorized to decide
whether or not the proposed denial or discipline should go into
effect.

(g) (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
647 of the Penal Code or any other offense described in paragraph
(10) of subdivision (a) of Section 4609, the council shall
immediately suspend, on an interim basis, the certificate of that
certificate holder, and take all of the following additional actions:

(A) Notify the certificate holder at the address last filed with
the council that the certificate has been suspended and the reason
for the suspension within 5 business days.

(B) Notify any establishment or employer, whether public or
private, that the council has in its records as employing the
certificate holder that the certificate has been suspended within 5
business days.

(2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the council may
permanently revoke the suspended permit. However, the certificate
shall remain suspended during any appeal of the conviction. The
council shall provide notice to the certificate holder within 10
business days that it has evidence of a valid record of conviction
and that the certificate will be revoked unless the certificate holder
provides evidence within 15 days from the date of receiving notice
that the evidence of conviction is incorrect or that the conviction
is under appeal.

(3) Upon notice that the charges described in paragraph (1)
have resulted in an acquittal or have been otherwise dismissed
prior to conviction, the certificate shall be immediately reinstated
and the certificate holder and any establishment or employer that
received notice pursuant to this section shall be notified of the
reinstatement within 5 business days.

(h) (1)  Notwithstanding any other law, if the council determines
that a certificate holder has committed an act punishable as a
sexually related crime or a felony that is substantially related to
the qualifications, functions, or duties of a certificate holder, the
council may immediately suspend the certificate of that certificate
holder. A determination to immediately suspend a certificate
pursuant to this subdivision shall be based upon a preponderance
of the evidence and the council shall also consider any available
credible mitigating evidence before making a decision. Written
statements by any person shall not be considered by the council
when determining whether to immediately suspend a certificate
unless made under penalty of perjury. If the council suspends a
certificate in accordance with this subdivision, the council shall
take all of the following additional actions:

(A) Notify the certificate holder, at the address last filed with
the council, by a method providing delivery confirmation, that the
certificate has been suspended, the reason for the suspension, and
that the certificate holder has the right to request a hearing
pursuant to paragraph (3) within 5 business days.

(B) Notify by electronic mail or any other means consistent with
the notice requirements of this chapter, any business or employer,
whether public or private, that the council has in its records as
employing or contracting with the certificate holder for massage
services, and the California city, county, or city and county that
has jurisdiction over that establishment or employer, that the
certificate has been suspended within 5 business days.

(2) A certificate holder whose certificate is suspended pursuant
to this subdivision shall have the right to request, in writing, a
hearing to challenge the factual basis for the suspension. If the
holder of the suspended certificate requests a hearing on the
suspension, the hearing shall be held within 30 calendar days after
receipt of the request. A holder whose certificate is suspended
based on paragraph (1) shall be subject to revocation or other
discipline in accordance with subdivision (a).

(3) If the council determines, after a hearing conducted pursuant
to this subdivision, to lift the suspension, the certificate shall be
immediately reinstated and the certificate holder, any establishment
or employer, and the California city, county, or city and county
that has jurisdiction over that establishment or employer, that
received notice pursuant to this section shall be notified of the
reinstatement within 5 business days.

(i) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail shall be given by first-class or certified mail sent to
the last address of the applicant, certificate holder, or registered
establishment shown on the council’s records.

(j)  An applicant, certificate holder, or registered establishment
may challenge a denial or discipline issued pursuant to this section
in a court of competent jurisdiction. Any action challenging a
denial or discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the denial
or discipline. If the action is successful, the court may order any
relief, including reinstatement, that it finds equitable under the
circumstances.

(k) This section governs only the procedures for denial or
discipline and not the substantive grounds for the denial or
discipline. Denial or discipline based upon substantive grounds
that violates contractual or other rights of the applicant, certificate
holder, or registered establishment, or is otherwise unlawful, is
not made valid by compliance with this section.

begin insert 4611. end insert   

(a) It is an unfair business practice for a person to do
any of the following:

(1) To hold himself or herself out or to use the title of “certified
massage therapist,” “certified massage practitioner,” or any other
term, such as “licensed,” “certified,” “registered,” “CMT,” or
“CMP,” that implies or suggests that the person is certified as a
massage therapist or practitioner without meeting the requirements
of Section 4604 or 4604.2.

(2) To hold his or her massage establishment out or to use the
title of “registered massage establishment,” “certified massage
establishment,” or any other term, such as “licensed,” “certified,”
“registered,” or “RME,” that implies or suggests that the
establishment is a registered massage establishment without
meeting the requirements of Section 4613.

(3) To falsely state or advertise or put out any sign or card or
other device, or to falsely represent to the public through any print
or electronic media, that he or she or any other individual is
licensed, certified, or registered by a governmental agency as a
massage therapist or massage practitioner, or that an
establishment is registered pursuant to this chapter.

(b) In addition to any other available remedies, engaging in
any of the prohibited behaviors described in subdivision (a)
constitutes unfair competition under Section 17200.

begin insert 4612. end insert   

(a) Notwithstanding any other law, a city, county, or
city and county shall not enact an ordinance that conflicts with
this chapter, nor shall any ordinance enacted by a city, county, or
city and county that is in effect before the effective date of this
chapter that conflicts with this chapter be enforced against a
certificate holder or registered massage establishment.

(b) A city, county, or city and county may enact an ordinance
pursuant to Section 37101 of the Government Code that requires
a certificate holder or registered massage establishment to:

(1) Obtain a license, permit, or other authorization if the license,
permit, or other authorization is required of any other individual
or business providing other professional services as defined in
subdivision (a) of Section 13401 of the Corporations Code.

(2) (A) Abide by reasonable health and safety requirements
including, but not limited to, external window transparency,
cleanliness of massage rooms, towels, and linens, reasonable attire
and personal hygiene of persons providing massage services, and
prohibitions against nonsecurity related camera systems or other
recording and display devices.

begin delete

(2)

end delete

(B) An ordinance enacted pursuant to this subdivision shall not
include any of the following:

(i) A requirement that a certificate holder take or pass any test,
medical examination, or background check, or demonstrate
educational experience beyond what is required by this chapter.

(ii) A prohibition against locked doors in a registered massage
establishment with two or more people working at the
establishment.

(iii) A requirement that a registered massage establishment
provide additional restroom, shower, or other facilities.

(iv) A requirement that a registered massage establishment have
massage room windows that interfere with the privacy of the clients
of the establishment.

(3) Abide by hours of operation set forth in the ordinance.

(4) Pay charges imposed in accordance with paragraph (3) of
subdivision (e) of Section 1 of Article XIII C of the California
Constitution.

(5) Comply with any other requirement consistent with this
chapter.

(c) A city, county, or city and county may adopt a local
ordinance requiring a certificate holder or a registered massage
establishment to comply with the following requirements as a
condition of operation, although other requirements consistent
with this chapter may additionally be imposed by ordinance:

(1) Submit an application for a business license to operate a
massage establishment that requires information relevant to the
practice of massage, including whether or not the establishment
is registered or will exclusively employ or use certified massage
professionals to perform massage services.

(2) Comply with reasonable investigations regarding
information provided in the course of a business license
application.

(3) File copies or provide other evidence of the certificates held
by the persons who are providing massage services at the
establishment.

(4) Maintain on its premises, for review by local authorities,
evidence that demonstrates that all persons providing massage
services are certified and that the establishment is duly registered
with the council.

(5) Permit duly authorized officials of a city, county, or city and
county to conduct reasonable inspections, during regular business
hours, to ensure compliance with this chapter, the local ordinance,
or any other applicable requirements.

(6) Notify the city, county, or city and county of any intention
to rename, or to change the ownership of, a massage establishment,
or to convey the establishment to another person.

(7) Pay a business license tax applicable to all other individuals
or businesses providing professional services, as defined in
subdivision (a) of Section 13401 of the Corporations Code.

(d) If a city, county, or city and county provides the council with
evidence that a registered establishment has failed or is failing to
exclusively employ or use certificate holders to perform massage
services for compensation, and the council fails to make an official
determination within 90 days of being providing with that evidence,
then the city, county, or city and county may seek relief, including,
but not limited to, a declaration that the massage establishment’s
registration is void pursuant to Section 4617.

(e) Nothing in this chapter shall prevent a city, county, or city
and county from licensing, regulating, prohibiting, or permitting
an individual who provides massage for compensation without a
valid certificate, or a massage establishment that is not registered
with the council or does not otherwise exclusively utilize certificate
holders to provide massage for compensation, in any manner it
deems proper that is in accordance with the law.

begin insert 4613. end insert   

(a) An owner of a massage establishment wishing to
register with the council shall submit a written application in a
form provided by the council and provide the council with
satisfactory evidence of all of the following:

(1) All fees required by the council have been paid.

(2) All individuals providing massage for compensation and all
massage establishment operators are certified pursuant to this
chapter as of the date of the application.

(3) A declaration is made that all future individuals who will
massage for compensation and all massage establishment
operators will be certified pursuant to this chapter, until the
establishment notifies the council of its intention to cancel its
registration or the registration is not renewed.

(4) A complete list has been provided to the council identifying
each person who owns 5 percent or more of the massage
establishment, operates the massage establishment, or works at
the massage establishment in any capacity whatsoever. The list
shall include the full legal name, certification number, if any,
mailing address, residential address, and position at the
establishment of each individual, and any other information the
council may require.

(5) All owners who own 5 percent or more of the massage
establishment and all others working on the premises of the
massage establishment who are not certificate holders pursuant
to this chapter have submitted fingerprint images in a form
consistent with the requirements of Section 4606.

(b) The council shall determine that the information provided
to the council in relation to the registration of an establishment is
true and correct and meets the requirements of this section. An
applicant for a massage establishment registration shall have the
burden to prove that the massage establishment is in compliance
with all of the requirements of this section. If the council has any
reason to question whether or not the information provided is true,
correct, or meets the requirements of this chapter, the council is
authorized to investigate. The investigation may include conducting
oral interviews, inspecting the massage establishment’s premises
during business hours without prior notice, and making any
investigation necessary to establish that the information received
is accurate and satisfies any criteria established by this chapter.

(c) An establishment registration issued pursuant to this chapter
shall be surrendered to the council if the registration has been
suspended or revoked.

(d) The council shall maintain a regularly updated list of
registered establishments on its Internet Web site. The council
shall, upon request, confirm the names and registration numbers
of any certificate holder listed as working at the registered
establishment to any law enforcement agency or any other
representative of a local government agency with responsibility
for regulating or administering a local ordinance relating to
massage or massage establishments.

(e) A registered establishment shall inform the council of any
change in the owners, operators, or workers required to be listed
in paragraphs (4) and (5) of subdivision (a) within 10 business
days of the change. If the registered establishment fails to notify
the council of a change in a timely manner, the council may
suspend or revoke the establishment’s registration.

(f) Once an establishment registration has been issued, neither
the location nor ownership of the establishment registration shall
be transferred, except as follows:

(1) An establishment registration may be transferred from one
location to another if there is no change in ownership and only
after approval by the council, following the receipt of a written
application for business location change and payment of a fee, not
to exceed the reasonable costs of administering this paragraph.

(2) An establishment registration may be transferred from one
business name to another if there is no change in ownership and
only after approval by the council, following the receipt of a written
application for business name change and payment of a fee, not
to exceed the reasonable costs of administering this paragraph.

(g) A registered massage establishment shall obtain, keep, and
maintain for three years, records of the full legal name, address,
and telephone number of all persons to which it provides massage
services for compensation. Registered massage establishments
shall not provide massage services for compensation to clients
who fail to provide this information.

(h) A registered massage establishment shall include its business
name and registration number in all advertising and shall display
the original registration at the place of business.

(i) A registered massage establishment shall provide, upon
request, the name and registration number of the registered
massage establishment to a member of the public, the council, or
a member of law enforcement, or a local government agency
charged with regulating massage or massage establishments.

(j) A registered massage establishment and its employees,
contractors, and volunteers shall comply with all other applicable
requirements of this chapter.

(k) The council is authorized to adopt policies and procedures
for the periodic inspection of registered massage establishments.

(l) The council shall not accept a massage establishment
registration application prior to September 1, 2015, and shall not
issue a registration prior to December 1, 2015.

begin insert 4614. end insert   

(a) Upon the request of any law enforcement agency or
any other representative of a local government agency with
responsibility for regulating or administering a local ordinance
relating to massage or massage establishments, the council shall
provide information concerning a certificate holder or registered
establishment, including, but not limited to, the current status of
the certificate or registration, any history of disciplinary actions
taken against the certificate holder or registered establishment,
the home and work addresses of the applicant, certificate holder,
or establishment owner, and any other information in the council’s
possession that is necessary to verify facts relevant to administering
the local ordinance.

(b) Upon the request of the council, any law enforcement agency
or any other representative of a local government agency with
responsibility for regulating or administering a local ordinance
relating to massage or massage establishments is authorized to
provide information to the council concerning an applicant,
certificate holder, or registered establishment, including, but not
limited to, the current status of any local application or permit,
any history of legal or administrative action taken against the
applicant, certificate holder, or registered establishment, any
information related to criminal activity or unprofessional conduct
allegedly engaged in by a certificate applicant or certificate holder,
including, but not limited to, police reports and declarations of
conduct, the home and work addresses of the applicant, certificate
holder, or establishment owner, and any other information in the
possession of the law enforcement agency or other local
government agency that is necessary to verify information or
otherwise implement this chapter.

(c) The council shall accept information provided by any law
enforcement agency or any other representative of a local
government agency with responsibility for regulating or
administering a local ordinance relating to massage or massage
establishments and review that information in a timely manner.

begin insert 4615. end insert   

(a) The council shall have the responsibility to determine
whether the school or continuing education provider from which
an applicant has obtained the education required by this chapter
meets the requirements of this chapter.

(b) The council may charge a reasonable fee for inspection or
approval, provided the fees do not exceed the reasonable cost of
the inspection or approval process.

(c) The council shall develop policies and procedures governing
the requirements and approval process, including provisions for
acceptance of accreditation from a recognized accreditation body
or other form of acceptance, at the discretion of the council.

begin insert 4616. end insert   

The council shall be sued only in the county of its
principal office, which shall be in Sacramento, unless otherwise
designated by the council.

begin insert 4617. end insert   

The superior court of a county of competent jurisdiction
may, upon a petition by any person, issue an injunction or any
other relief the court deems appropriate for a violation of this
chapter by any person or establishment operating in that county
subject to the provisions of this chapter. An injunction proceeding
under this section shall be governed by Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure.

begin insert 4618. end insert   

(a) The Legislature finds and declares that due to
important health, safety, and welfare concerns that affect the entire
state, establishing a uniform standard of certification for massage
practitioners, massage therapists, and massage establishments
upon which consumers may rely to identify individuals who have
achieved specified levels of education, training, and skill is a matter
of statewide concern and not a municipal affair, as that term is
used in Section 5 of Article XI of the California Constitution.
Therefore, this chapter shall apply to all cities and counties,
including charter cities and charter counties.

(b) Notwithstanding any other law, this chapter shall supersede
Chapter 6 (commencing with Section 51030) of Part 1 of Division
1 of Title 5 of the Government Code.

begin insert 4619. end insert   

(a) This chapter shall be liberally construed to effectuate
its purposes.

(b) If any provision of this chapter or the application of these
provisions to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.

The provisions of this chapter are severable. If any provision of
this chapter or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

begin insert 4620. end insert   

(a) On or before June 1, 2016, the council shall provide
a report to the appropriate policy committees of the Legislature
that includes all of the following:

(1) A feasibility study of licensure for the massage profession,
including a proposed scope of practice and related statutory
recommendations.

(2) The council’s compensation guidelines and current salary
levels.

(3) Performance metrics, including, but not limited to:

(A)  The annual number of denied certificate and registration
applications, and a brief description of the grounds for each
decision.

(B)  The annual number of suspended, revoked, or otherwise
disciplined certificates and registrations, and a brief description
of the grounds for each decision.

(C)  The number of certificates taken off suspension, and a brief
description of the grounds for each decision.

(D)  The number of schools inspected, approved, and
disapproved, the number of schools that have had their approvals
suspended or revoked, and a brief description of the grounds for
each decision.

(E)  The total number of complaints about certificate holders
and registered establishments received annually, including a
subtotal of complaints received from local law enforcement and
the action taken by the council as a result of those complaints.

(b) The council shall testify in person if requested by the
appropriate policy committees of the Legislature on matters
included in the report described in subdivision (a).

begin insert 4621. end insert   

(a) This chapter shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, 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.

end insert

begin delete

SECTION 1.  

Section 4601 of the Business and Professions
Code is amended to read:

4601.  

(a) The council shall issue a certificate under this chapter
to an applicant who satisfies the requirements of this chapter.

(b) (1) In order to obtain certification as a massage practitioner,
an applicant shall submit a written application and provide the
council with satisfactory evidence that he or she meets all of the
following requirements:

(A) The applicant is 18 years of age or older.

(B) The applicant has successfully completed, at an approved
school, curricula in massage and related subjects, totaling a
minimum of 250 hours or the credit unit equivalent, that
incorporates appropriate school assessment of student knowledge
and skills. Included in the hours shall be instruction addressing
anatomy and physiology, contraindications, health and hygiene,
and business and ethics, with at least 100 hours of the required
minimum 250 hours devoted to these curriculum areas.

(C) The applicant has passed a massage and bodywork
competency assessment examination that meets generally
recognized psychometric principles and standards, and that is
approved by the council. The successful completion of this
examination may have been accomplished before the date the
council is authorized by this chapter to begin issuing certificates.

(D) All fees required by the council have been paid.

(2) New certificates shall not be issued pursuant to this
subdivision after December 31, 2015. Certificates issued pursuant
to this section or subdivision (a) or (c) of Section 4604 on or before
December 31, 2015, shall, after December 31, 2015, be renewed
without any additional educational requirements, provided that the
certificate holder continues to be qualified pursuant to this chapter.

(c) In order to obtain certification as a massage therapist, an
applicant shall submit a written application and provide the council
with satisfactory evidence that he or she meets all of the following
requirements:

(1) The applicant is 18 years of age or older.

(2) The applicant satisfies at least one of the following
requirements:

(A) He or she has successfully completed the curricula in
massage and related subjects totaling a minimum of 500 hours or
the credit unit equivalent. Of this 500 hours, a minimum of 250
hours shall be from approved schools. The remaining 250 hours
required may be secured either from approved or registered schools,
or from continuing education providers approved by, or registered
with, the council or the Department of Consumer Affairs. After
December 31, 2015, applicants may only satisfy the curricula in
massage and related subjects from approved schools.

(B) The applicant has done both of the following:

(i) Successfully completed, at an approved school, curricula in
massage and related subjects totaling a minimum of 250 hours that
incorporates appropriate school assessment of student knowledge
and skills. Included in the hours shall be instruction addressing
anatomy and physiology, contraindications, health and hygiene,
and business and ethics, with at least 100 hours of the required
minimum 250 hours devoted to these curriculum areas.

(ii) Passed a massage and bodywork competency assessment
examination that meets generally recognized psychometric
principles and standards, and that is approved by the board. The
successful completion of this examination may have been
accomplished before the date the council is authorized by this
chapter to begin issuing certificates.

(3) All fees required by the council have been paid.

(d) The council shall issue a certificate to an applicant who
meets the other qualifications of this chapter and holds a current
and valid registration, certification, or license from any other state
whose licensure requirements meet or exceed those defined within
this chapter. The council shall have discretion to give credit for
comparable academic work completed by an applicant in a program
outside of California.

(e) An applicant applying for a massage therapist certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets all of the requirements of this chapter.

(f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the council,
and shall expire unless renewed in that manner. The council may
provide for the late renewal of a license.

(g) (1) The council shall have the responsibility to determine
that the school or schools from which an applicant has obtained
the education required by this chapter meet the requirements of
this chapter. If the council has any reason to question whether or
not the applicant received the education that is required by this
chapter from the school or schools that the applicant is claiming,
the council shall investigate the facts to determine that the applicant
received the required education prior to issuing a certificate.

(2) For purposes of paragraph (1) and any other provision of
this chapter for which the council is authorized to receive factual
information as a condition of taking any action, the council shall
have the authority to conduct oral interviews of the applicant and
others or to make any investigation deemed necessary to establish
that the information received is accurate and satisfies any criteria
established by this chapter.

(h) The certificate issued pursuant to this chapter, as well as
any identification card issued by the council, shall be surrendered
to the council by any certificate holder whose certificate has been
suspended or revoked.

end delete