BILL ANALYSIS �
AB 1147
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ASSEMBLY THIRD READING
AB 1147 (Gomez)
As Amended
January 14, 2014
Majority vote
BUSINESS & PROFESSIONS 11-0
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|Ayes:|Bonilla, Bocanegra, | | |
| |Campos, Dickinson, | | |
| |Eggman, Gordon, Holden, | | |
| |Maienschein, Mullin, | | |
| |Gomez, Ting | | |
| | | | |
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SUMMARY : Revises the qualifications for a certified massage
practitioner (CMP) by requiring applicants to pass a massage and
bodywork competency examination. Specifically, this bill :
1)Requires an applicant for certification as a CMP to pass a
massage and bodywork competency examination that meets
generally recognized psychometric principles and standards,
and is approved by the California Massage Therapy Council
(CAMTC).
2)Permits the successful completion of the examination to have
been accomplished before the date the CAMTC began issuing
certificates.
EXISTING LAW :
1)Establishes the CAMTC and defines the responsibilities and
duties of the CAMTC. (Business and Professions Code (BPC)
Section 4600.5)
2)Defines massage therapist, body worker, bodywork therapist,
massage and body work therapist, massage practitioner, body
work practitioner, or massage and body work practitioner to
mean "a person who is certified by the CAMTC, as specified."
(BPC Section 4600)
3)Requires the CAMTC to issue a "massage therapist"
certificate to an applicant who submits a written
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application and provides satisfactory evidence that he or
she meets all of the specified education, experience or
examination requirements. (BPC Section 4601)
4)Requires the CAMTC to issue a "massage practitioner"
certificate to an applicant who submits a written application
and provides satisfactory evidence that he or she meets all of
the specified education, experience or examination
requirements. (BPC Section 4601)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
1)Purpose of this bill . This bill seeks to enhance the
competency requirements for persons seeking certification as a
massage practitioner by requiring an applicant to take and
pass a massage and bodywork competency examination in addition
to the 250 hours of education currently required. It does not
change the certification requirements for massage therapists.
This bill is author sponsored.
2)Author's statement . According to the author, "The State
Legislature has made it a policy to professionalize the
massage industry and this proposal adds a further dimension of
accountability on providers, and a greater expectation on the
part of California consumers. Even though there may be
serious differences of opinion regarding the proper role of
local government in land use and enforcement issues
surrounding this industry, we can all agree on the desire to
working to ensure that all massage therapists are properly
trained and consumer protections are in place."
3)The massage therapy profession . Massage professionals treat
clients by using touch to manipulate the soft-tissue and
muscles of the body. Massage therapy may be used to relieve
pain, rehabilitate injuries, reduce stress, increase
relaxation, and increase the general wellness of clients.
Massage professionals work in a variety of settings, including
private offices, spas, hospitals, fitness centers and shopping
malls. According to the Bureau of Labor Statistics,
employment of massage professionals is projected to grow 23%
from 2012 to 2022, much faster than the average for all
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occupations.
Massage professionals in California can obtain one of two
certification levels: 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 or complete 250 hours of
education and training and pass an examination. CMPs and CMTs
must also undergo background checks, including fingerprinting
and other identification verification procedures. The CMP and
CMT licenses are renewed biannually, and licensees are not
required to obtain continuing education. Titles commonly used
in California by the massage profession may include: massage
therapist, massage practitioner, CMT, CMP, massage technician,
bodyworker, masseur, and masseuse. Current law makes it an
unfair business practice for anyone not certified by CAMTC to
use the title of CMP or CMT.
California is one of only four states that regulate massage
therapy but do not generally require an examination for
certification or licensure. This bill would require CMP
applicants to take and pass an examination, approved by CAMTC,
in order to be certified.
4)Current testing component . Currently, applicants for
certification as a CMT must pass an examination if they have
completed only 250 hours of approved education. If a CMT has
completed 500 hours of approved education, an examination is
not necessary.
CMT applicants may take the National Certification Exam which is
administered by the National Certification Board for
Therapeutic Massage and Bodywork (NCBTMB). The NCBTMB is a
nationally recognized entity which certifies massage
therapists and bodyworkers on behalf of the profession. In
addition, an applicant may take the Massage and Bodywork
Licensing Examination (MBLEx). The MBLEx is governed by the
Federation of State Massage Therapy Boards. It is designed to
provide a standard examination for massage students.
5)The California Massage Therapy Council . The CAMTC is led by a
volunteer Board of Directors comprised of professionals from
California's massage community, including massage
associations, schools, and businesses. The goal of CAMTC is
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to standardize the process of certification throughout the
state. The certifications it provides allow massage
professionals to work in multiple California locations without
the need for duplicative local certifications. The Massage
Therapy Act and provisions establishing CAMTC are subject to
the formal Sunset Review process.
If a certificate holder violates the terms of certification,
CAMTC may suspend or revoke his or her certification, but it
has no cite and fine authority. The CAMTC may deny,
discipline or revoke the certification of a CMP or CMT for a
variety of reasons, including: failure to obtain a clear
fingerprint check, reports of unprofessional conduct in
another state, any attempt to obtain a certificate through
misrepresentation or fraud, or committing any act punishable
as a sexually related crime. All of the relative disciplinary
procedures are carried out by an employee of the CAMTC known
as the Division Director of Professional Standards. Since
2010, there have been approximately 248 certificate
suspensions or revocations.
6)Sunset Review . Under existing law, the provisions related to
the regulation of massage therapy and CAMTC will sunset on
January 1, 2015, unless the Legislature decides to extend
those provisions. Currently, CAMTC and the Massage Therapy
Act are scheduled to be reviewed in March of 2014 as part of
the Sunset Review hearings being held jointly between this
Committee and the Senate Business, Professions and Economic
Development Committee.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
FN: 0002969