BILL ANALYSIS �
AB 1147
Page 1
ASSEMBLY THIRD READING
AB 1147 (Gomez)
As Amended May 13, 2013
Majority vote
BUSINESS & PROFESSIONS 8-4
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|Ayes:|Gordon, Bocanegra, | | |
| |Campos, Dickinson, | | |
| |Eggman, Mullin, Skinner, | | |
| |Ting | | |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Jones, Hagman, | | |
| |Maienschein, Wilk | | |
| | | | |
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SUMMARY : Revises the qualifications for certification as a
massage practitioner and massage therapist, and allows a city,
county, or city and county to require the owner of a massage
business to obtain a revocable certificate of registration, as
specified. Specifically, this bill :
1)Requires an applicant for certification as a massage
practitioner to pass a massage and bodywork competency
assessment examination that meets generally recognized
psychometric principles and standards and is approved by the
California Massage Therapy Council (CAMTC).
2)Provides that the successful completion of the competency
examination may have been accomplished prior to the date CAMTC
was authorized to issue certificates.
3)Requires all massage therapist applicants to complete a
minimum of 500 hours, or the credit unit equivalent, of
curricula in massage and related subjects, and eliminates the
option of certification for such applicants who complete only
250 hours of curricula and pass the massage and bodywork
competency assessment examination.
4)States that nothing in this chapter precludes a city, county,
or city and county from including a provision in a local
ordinance requiring the owner or owners of a massage
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establishment or business apply for and receive a revocable
certificate of registration.
5)Permits a city, county, or city and county, to require the
following as part of the application for a certificate of
registration:
a) The full and true legal name under which the massage
establishment or business will be conducted;
b) The present or proposed address where the massage
establishment or business will be conducted;
c) The full true legal name and mailing address of the
owner or owners of the massage establishment or business;
d) A copy of a certificate, or any other evidence of
certification, issued to each person who will be providing
massage services at the massage establishment or business;
e) A copy of a photographic government-issued
identification card of the owner or owners of the massage
establishment or business;
f) A statement that the business will only employ or use
certified persons to provide massage services, and that
failure to comply may result in the suspension or
revocation of, imposition of conditions upon, or action
against the certificate of registration;
g) A statement that the applicant will provide written
notification of any changes to the original application
within 10 days of the change occurring;
h) Authorization for the city, county, or city and county
to investigate the truth of the information contained in
the application; and,
i) The payment of a fee to conduct a background check if
the owner or owners of the massage establishment or
business applying for the certificate of registration are
not certified and own 5% or more of the massage
establishment or business.
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6)Authorizes a city, county, or city and county to require a
massage establishment or business to comply with any
applicable local ordinance, regulation, rule, requirement, or
restriction as a condition of granting or maintaining a
revocable certificate of registration including, but not
limited to, those provisions pertaining to health and safety.
7)Authorizes a city, county, or city and county to exempt
certain classes of persons or businesses from compliance with
the requirements for a certificate of registration.
8)Authorizes a city, county, or city and county to make the
certificate or registration nontransferable.
9)Authorizes a city, county, or city and county at its sole
discretion to suspend, revoke, impose conditions upon, or
otherwise act against a certificate of registration for cause.
10)Makes other technical and clarifying changes.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of this bill . This bill would impose stronger
regulations on massage therapy businesses by authorizing local
governments to require revocable certificates of registration
for massage businesses. These revocable certificates would
give local governments more information about massage therapy
businesses, and more power to discipline or shut down
unscrupulous massage businesses. Additionally, this bill
requires individuals applying for certification as a certified
massage practitioner (CMP) to pass an examination and
eliminates specified coursework requirements for individuals
applying for certification as a Certified Massage Therapist
(CMT). This bill is sponsored by the author.
2)Author's statement . According to the author, "Several years
ago the Legislature pre-empted local control over land use
issues surrounding massage parlors. As a result of the
preemption numerous communities [complain] about what they
regard as an explosion of these places. It is not the intent
[of this bill] to disrupt legitimate owners, but a number of
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communities are experiencing a real concentration of these
[massage] parlors."
3)The profession of massage therapy . Massage therapists treat
clients by using touch to manipulate the soft-tissue muscles
of the body. Massage therapy may be used to relieve pain,
rehabilitate injuries, reduce stress, increase relaxation, and
aid in the general wellness of clients. In 2010, massage
therapists held approximately 153,700 jobs nationally and the
massage therapy profession is continuing to grow. Massage
therapists work in a variety of settings, such as private
offices, spas, hospitals, fitness centers, and shopping malls.
SB 731 (Oropeza), Chapter 384, Statutes of 2008, established
the voluntary statewide certification of massage therapists by
the Massage Therapy Organization (MTO), which was renamed the
CAMTC in 2011. The goal of the CAMTC is to standardize the
process of certification throughout the state. The
certification allows for massage professionals to work in
multiple California locations without the need for multiple
permits or fees.
Massage professionals can obtain one of two certification
levels: Certified Massage Practitioners (CMPs) are required
to complete at least 250 hours of education and training,
while Certified Massage Therapists (CMTs) are required to
complete at least 500 hours of massage education and training
at an approved massage therapy school, or complete 250 hours
of education and training and pass an examination. Currently,
applicants for certification as a CMT must pass an examination
which is administered by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB).
This bill would require both CMT and CMP applicants to pass an
examination, and CMT applicants would now need to complete 500
hours of education in order to be certified.
4)City ordinances regulating massage therapy . As provided by SB
731, cities and counties may enact ordinances related to the
operation of a massage business including, but not limited to,
requiring evidence for review by local authorities
demonstrating that persons providing massage therapy services
are certified, charging specified licensing fees, and filling
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out an application that provides relevant information about
the business. However, cities and counties may not enact
ordinances related to land use regulations, permits or zoning
requirements specifically for massage businesses if those same
requirements are not uniformly applied to all other businesses
providing professional services. Additionally, local cities
and counties cannot require any other specified permit or
requirement other than for reasonable health and safety
requirements. The original intent behind these restrictions
was to prevent discrimination against legitimate massage
businesses.
Under current law, the power of cities and counties to
regulate massage businesses depends on the certification
status of the owner and the individuals working in the
business. If a business chooses not to hire CMTs or CMPs, or
if the owner is not certified, then a city or county ordinance
may condition the issuance of a license upon proof that the
business meets reasonable standards, such as minimum age,
education and experience of personnel; passage of a practice
examination of competence by massage personnel; sanitary
conditions for the establishment; hours of operation; a
prohibition on the sale or serving of food or beverages; and a
prohibition on conducting non-massage-related business on the
premises.
This bill would expand the ability of cities and counties to
regulate massage businesses by explicitly making their
certification revocable. An application for the revocable
certification could include: a request for the full name and
address of the business and the legal name and mailing address
of the owners, a copy or other evidence of certification for
each person providing massage services, a statement that the
business will only employ certified individuals, and a
statement that an applicant for certification will provide
notification of any changes to the original application. This
bill also allows a city or county to charge an application fee
for a background check if the owner of a business is not
certified. Additionally, this bill provides local governments
with the option to revoke, suspend, impose conditions upon or
otherwise act against the certification for violations.
5)Arguments in support . The American Massage Therapy
Association-California Chapter writes in support, "We
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recognize cities must have the tools necessary to regulate
massage establishments effectively to reach our mutual goals
of eradicating human trafficking and have a healthy massage
industry in each city. To meet this end, we support the
changes in [this bill] which will allow cities to provide a
revocable certification of registration to [CMTs and CMPs].
This will go a long way in providing cities another tool to
keep bad actors from the massage industry and ensure consumer
protection."
6)Arguments in opposition . The League of California Cities is
opposed unless amended and writes in opposition, "While cities
have seen some benefits as a result of the 2008 [SB 731
Oropeza] legislation, there have been some unintended
consequences and issues that need to be addressed.
Illegitimate businesses have found ways to work within the
confines of SB 731 by requiring one or two persons in their
establishment to have a certification (as a cost of doing
business) because they know they cannot be regulated if they
are CAMTC certified. If law enforcement enters an
establishment that is CAMTC certified, only the massage
therapists are required to have certification."
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
FN: 0000565