BILL ANALYSIS �
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|Hearing Date:June 23, 2014 |Bill Nio: AB |
| |1147 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 1147Author:>Bonilla, Gomez and Holden
As Amended: June 17, 2014Fiscal: Yes
SUBJECT: Massage therapy.
SUMMARY: Revises, recasts, rewrites and makes a number of
substantive, clarifying, conforming and technical changes to the
Massage Therapy Act as follows: deletes the preemption of ordinances
and local land use authority for "certified-only" massage
establishments; reconstitutes the California Massage Therapy Council
(CAMTC); reinforces local massage ordinances; raises professional and
educational standards for massage therapists; expands the disciplinary
authority of CAMTC; specifies requirements for operators of massage
businesses and establishment; extends the sunset date, by two years,
until January 1, 2017.
NOTE : When this bill left the Assembly, it required an applicant for
certification as a "certified massage practitioner" to pass a massage
and bodywork competency examination that meets generally recognized
psychometric principles and standards, and is approved by the CAMTC,
and also permitted the successful completion of the examination to
have been accomplished before the date the CAMTC began issuing
certificates. The amendments which were made to this measure on April
23, 2014, and on June 16, 2014, substantially amend this bill. The
bill now also includes three Authors: Assembly Members Bonilla, Gomez
and Holden.
Existing law, the Massage Therapists Act (Act ) :
1)Provides for certification of massage practitioners and massage
therapists, as defined, by the CAMTC and specifies that the
CAMTC is a nonprofit organization meeting specified
requirements, and imposes certain duties on the CAMTC.
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(Business and Professions Code (BPC) �� 4600 (c), (d) and (e),
4600.5 (a) and (b) (2))
2)Defines "registered school" as a facility that meets the minimum
standards for training and curriculum in massage and related
subjects and that either is approved by the Bureau of Private
Postsecondary Education or the Department of Consumer Affairs
(DCA), or is an institution accredited by the senior commission
or the junior commission of the Western Association of Schools
and Colleges, by a college or university of the state higher
education system, or by a school of equal or greater training
that is approved by the corresponding agency in another state.
(BPC � 4600 (f))
3)Defines an operator of a massage business to mean a person, whether
owner or nonowner, who manages or operates a massage business. (BPC
� 4600 (h))
4)Provides that the CAMTC is to be governed by a board of directors
(Board) which shall include: (BPC � 4600.5 (b) (1))
a) Two representatives from each professional society,
association, or other entity whose membership is comprised of
massage therapists and that chooses to participate in the
CAMTC and that has a dues-paying membership in California of
at least 1,000 individuals for the last three years and that
shall have by-laws that requires its members to abide by a
code of ethics.
b) One member selected by each statewide association of
private postsecondary schools incorporated on or before
January 1, 2010, whose members' schools have together had at
least 1,000 graduates in each of the previous three years
from approved and registered, as defined, massage therapy
programs.
c) One member selected by the League of California Cities.
d) One member selected by the California State Association of
Counties.
e) One member selected by the DCA.
f) One member appointed by the California Community College
Chancellor's Office.
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5)Provides that the above mentioned entities may choose not to
exercise the right of selection of a member to serve on the
CAMTC Board and allows for the CAMTC's bylaws to establish a
process for appointing other professional directors as
determined by the Board. (BPC � 4600.5 (b) (1))
6)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, or has a
current valid license from a local jurisdiction and meets other
education and/or experience requirements. (BPC � 4601 (b))
7)Requires the CAMTC to issue a " massage therapist " 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 � 4601 (c))
8)Requires the CAMTC to issue a certificate to an applicant who
meets the other qualifications provided for and holds a current
and valid registration, certification, or license from any other
state whose requirements meets or exceeds those described above.
(BPC � 4601 (d))
9)Provides that the CAMTC shall determine whether or not a school
provides education that meets the requirements of certification
and requires the CAMTC to investigate, if necessary, whether or
not an applicant has actually completed the education he or she
claims in his or her application and to conduct oral interviews,
if necessary, of any
applicant to make any investigation to establish that the
information received is accurate and satisfies any criteria
established pursuant to the Act. (BPC � 4601 (g))
10)Provides that prior to issuing a certificate to the applicant or
designating a custodian of records the CAMTC shall obtain
fingerprints, which may be in an electronic format, from an
applicant for certification as a massage therapist or massage
practitioner for the purpose of conducting a criminal background
check, and specifies that the Department of Justice (DOJ) shall
provide the CAMTC with the specified information relating to an
applicant's criminal history. (BPC � 4601.3)
11)Provides that the CAMTC may discipline a certificate holder by
any, or a combination of, the following methods: a) probation
with conditions; b) suspending the certificate for a period not
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to exceed one year; c) revoke the certificate; d) provide for
conditional certificate suspension; e) any other appropriate
action as authorized by its by-laws. (BPC � 4602 (a))
12)Requires the CAMTC to suspend a certificate if the holder has
been arrested and charged with any sexually related or
prostitution-related crime and to notify the holder and his or
her employer of the suspension, and if the charges result in a
conviction, the CAMTC shall permanently revoke the
certification; however, if the holder is acquitted of the
charges, the CAMTC shall reinstate the certification. (BPC �
4602 (c))
13)Specifies that if the CAMTC receives clear and convincing
evidence 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 CAMTC may immediately
suspend the certificate of the certificate holder.
(BPC � 4602 (d))
14)Requires the CAMTC to provide specified information regarding
certificate holders to any local law enforcement or other agency
that regulates massage therapy, and likewise the CAMTC shall
accept and review any information pertaining to a certificate
holder provided by local law enforcement or other agency that
regulates massage therapy, and shall have the responsibility to
take any actions as authorized under the Act and are warranted
by the information. (BPC � 4602.5 (a) and (c))
15)Provides that a law enforcement agency or local government agency
with responsibility for regulating massage or massage business, upon
request of the CAMTC, is authorized to provide information to the
CAMTC concerning an applicant or certificate holder, including, but
not limited to: the current status of any application or local
permit; any history of disciplinary action taken against the
applicant or certificate holder; any information related to criminal
activity or unprofessional conduct allegedly engaged in by an
applicant or certificate holder, including, but not limited to,
police reports and declarations of conduct; the home and work
addresses of the applicant or certificate holder; and, any other
information in the law enforcement agency or other local government
agency's possession that is necessary to verify facts or implement
laws governing massage therapists. (BPC � 4605.5 (b))
16)Provides for various grounds for discipline of a certificate
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holder or for denial of a certificate to an applicant, including
unprofessional conduct; procurement of certificate by fraud;
misrepresentation or mistake; conviction of any felony,
misdemeanor, infraction, or municipal code, or liability in an
administrative or civil action that is substantially related to
their qualifications, functions or duties, or committing any
fraudulent, dishonest, or corrupt act that is substantially
related; and, committing any act punishable as a sexually
related crime. (BPC � 4603)
17)Provides that no certificate holder or certificate applicant may
be disciplined or denied a certificate except according to
specified due process procedures which have been set forth in
the articles or bylaws of the CAMTC and that a certificate
applicant or certificate holder who is denied or disciplined
shall be liable for any charges incurred, services actually
rendered or fees incurred by the CAMTC in the denial of the
certificate or discipline of the certificate holder. (BPC �
4603.1)
18)Requires a certificate holder to notify the CAMTC of his or her
home and business address and to report any change in either of
these addresses to the CAMTC within 30 days. (BPC � 4603.5)
19)Requires a certificate holder to display his or her original
certificate at his or her place of business. Requires a
certificate holder to have his or her identification card in his
or her possession while providing massage services. (BPC �
4603.7)
20)Requires a certificate holder, upon request at the location
where he or she is providing massage services, to provide his or
her full name and certificate number to a member of the public,
the CAMTC, or a member of law enforcement or a local government
agency charged with regulating massage. (BPC � 4603.8)
21)Provides that the CAMTC may grant a massage practitioner
certificate to any person who meets specified education and
experience requirements and who has either been granted a permit
or license from a California local city or county or from
another state. (BPC � 4604 (a))
22)Provides that the CAMTC may also grant a conditional certificate
to allow the applicant sufficient opportunity to comply with
additional education and practice hours and shall within 5 years
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provide proof of completion of the additional hours required,
and upon successful completion of the additional hours shall be
issued a certificate. However, the CAMTC shall immediately
revoke the conditional certificate if the time period specified
expires without proof of completion of the requirements for
education and practice hours. (BPC � 4604 (c))
23)Provides that it is an unfair business practice for any
certified massage therapist or certified massage practitioner to
state or advertise or put out any sign or card or other device,
or to represent to the public through any print or electronic
media, that he or she is state-certified, registered, or
licensed by a governmental agency to perform the functions of a
massage therapist or massage practitioner. (BPC � 4605)
24)Provides that it is an unfair business practice for any person
to hold himself or herself out or use the title of "certified
massage therapist" or "certified massage practitioner" or any
other term, such as "licensed," "registered," or "CMT," that
implies or suggests that the person is certified as a massage
therapist or practitioner without meeting the requirements for
certification, and that any person who violates this provision
shall be guilty of a misdemeanor. (BPC � 4606)
25)Provides that the superior court in and for the county in which
any person acts as a massage practitioner or massage therapist
in violation of any of the provisions of the Act may upon
petition from any person issue an injunction or appropriate
order restraining such conduct. (BPC � 4607)
26)Provides that the holder of a certificate issued by the CAMTC
shall be able to practice massage in any city, county, or city
and county, and shall not be subject to any ordinance enacted by
any local government that regulates individuals practicing
massage. (BPC � 4608)
27)Provides that the holder of a certificate issued by the CAMTC
shall be able to practice massage in any city, county, or city
and county, consistent with the Act and the qualification
established by his or her certification, and shall not be
required to obtain any other license, permit, or other
authorization, except as provided under the Act. (BPC � 4612
(a) (1))
28)Provides that a city, county, or city and county shall not enact
an ordinance that requires a license, permit, or other
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authorization to practice massage by an individual who is
certified pursuant to the Act and who is practicing consistent
with the qualifications established by his or her certification
and provides that no provision of any ordinance enacted by a
city, county, or city and county that is in effect before the
effective date of this Act, and that requires a license, permit,
or other authorization to practice massage, may be enforced
against an individual who is certified under the Act. (BPC �
4612 (a) (2))
29)Provides that nothing in the Act shall prevent a city, county,
or city and county from adopting or enforcing any local
ordinance governing zoning, business licensing, and reasonable
health and safety requirements for massage establishments or
businesses that employs or uses persons who are not certified
pursuant to the Act.
(BPC � 4612 (a) (3))
30)Requires that any massage establishments or businesses that are
sole proprietorships, where the sole proprietor is certified, or
that employ or use only persons certified pursuant to the Act,
to maintain on its premises evidence for review by local
authorities that demonstrates that all persons providing massage
services are certified; and nothing shall prevent local
authorities from including in an ordinance a requirement for
these massage businesses to file copies or provide other
evidence of the certificates held by persons who are providing
massage services. (BPC � 4612 (b) (1) (2))
31)Provides that a local government may charge a massage business
or establishment, as identified in Item # 30 above, a business
license fee, provided the fee is no higher than the lowest fee
that is applied to other individuals and businesses providing
professional services, as defined. (BPC � 4612 (b) (3))
32)Provides a local government may enact an ordinance, land use
regulations, conditional use permits or other requirements as
specified for a massage business or establishment, as identified
in Item # 30 above, as long as the ordinance, land use
regulations, conditional use permits or other requirements are
not different than the
requirements that are uniformly applied to all other individuals
and businesses providing professional services, as defined.
(BPC � 4612 (b) (4))
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33)Provides that building code or physical facility requirements
applicable to massage establishments or businesses, as
identified in Item # 30 above, shall not require additional
restroom, shower, or other facility or building requirements as
specified, that are not uniformly applicable to other
professional or personal service businesses. (BPC � 4612 (b)
(5))
34)Provides that a local government may adopt reasonable health and
safety requirements with respect to massage establishments or
businesses, as identified in Item # 30 above, but may not impose
additional qualifications, such as medical examinations,
background checks, or other criteria upon any person certified
by the CAMTC. (BPC � 4612 (b) (6))
35)Provides that an owner or operator of a massage business that is
certified by the CAMTC and/or uses only individuals certified by
the CAMTC shall be responsible for the conduct of his or her
employees and shall be subject to suspension of any required
local business license or permit if violations of this bill or a
local ordinance occur. (BPC � 4612 (c))
36)Provides that a local government may subject any massage
business or establishment to reasonable inspections to verify
conformance with local ordinances and fire, health, and safety
requirements, and may also require the operator of a massage
business to notify the local government of any change in
business name, management, or transfer of ownership to another
person. (BPC � 4612 (d))
37)Specifies that the background check that a local jurisdiction can
require of an owner or operator of a massage establishment may
include, but is not limited to, a criminal background check,
including requiring submission of fingerprints. If a noncertified
owner's or operator's background check results in a finding that the
local jurisdiction determines is relevant to owning or operating a
massage establishment, then specified rights to practice shall not
apply to that establishment and the local jurisdiction may regulate
that establishment in any manner it deems proper that is in
accordance with the law. (BPC � 4612 (e))
38)Specifies that nothing shall restrict or limit in any way the
authority of a local government from adopting a local ordinance
governing any person who is not certified pursuant to the Act and
that nothing in the Act shall be construed to restrict or limit in
any way the authority of a local jurisdiction to adopt a local
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ordinance restricting the opening of a new massage establishment in
a location in which a massage establishment has been closed due to
criminal activity. (BPC � 4613)
39)Provides that the Act shall be subject to review by the
Legislature and the appropriate policy committees and that the
Act shall remain in effect only until January 1, 2015, and as of
that date is repealed, unless a later enacted statute is enacted
before January 1, 2015, and deletes or extends that date. (BPC
� 4620)
Existing law, Section 460 of the Business and Professions Code:
1) Provides that no city or county shall prohibit a person or
group of persons authorized, by one of the agencies in the DCA
by a license, certificate, or other such means to engage in a
particular business, from engaging in that business, occupation,
or profession or any portion thereof.
2) Provides that no city, county, or city and county shall
prohibit a healing arts professional licensed with the state
under the licensing Division for the Healing Arts within the
Business and Professions Code, from engaging in any act or
performing any procedure that falls within the professionally
recognized scope of practice of that licensee.
3) Provides that prohibition under Item # 2 above for cities
and counties shall not be construed to prohibit the enforcement
of a local ordinance effective prior to January 1, 2010, related
to any act or procedure that falls within the professionally
recognized scope of practice of a healing arts professional.
4) Provides the prohibition under Item # 2 above shall not be
construed to prevent a city, county, or city and county from
adopting or enforcing any local ordinance governing zoning,
business licensing, or reasonable health and safety requirements
for establishments or businesses of a healing arts professional
licensed with the state under the licensing Division for the
Healing Arts within the Business and Professions Code.
Existing law, the Corporations Code: Defines "professional services"
as any type of professional services that may be lawfully rendered
only pursuant to a license, certification, or registration authorized
by the Business and Professions Code, the Chiropractic Act, or the
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Osteopathic Act. (Corporations Code � 13401)
Existing law, the Government Code:
1)Authorizes a legislative body [of a city or county] to pass
ordinances not in conflict with the Constitution and laws of the
State or the United States. (Government Code (GC) � 37100)
2)Provides that the legislative body of a city for incorporated areas
or county for unincorporated areas may enact an ordinance which
provides for the licensing for regulation of the business of massage
when carried on within the city or county. (GC � 51030)
3)Specifies that the ordinance may condition the issuance of a license
to engage in the business of massage upon proof that a massage
business meets the reasonable standards set by the ordinance, which
may include, but need not be limited to, the following areas: (GC �
51031)
a) Age of massage personnel.
b) Education and experience of massage personnel.
c) Passage by massage personnel of a practical examination of
competence.
d) Sanitary conditions of the massage establishment.
e) Hours of operation of the massage business.
f) Prohibition of the sale or serving of food or beverage or the
conducting of nonmassage business on the premises of the massage
business. In the event that the business premises in which such
massage business is conducted possesses or is qualified to
possess a certificate of occupancy issued by such city or county,
the prohibition of this subdivision shall apply only to the
portion of the premises exclusively devoted to the conduct of the
massage business.
4)Specifies that the ordinance may also provide that a license to
engage in the business of massage may be denied upon a showing by
the licensing authority of either of the following:
(GC � 51032 (a))
a) Proof that the massage personnel and the owners or operators
of a massage business have been convicted of a violation of
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specified crimes, or proof that the massage personnel or the
owners or operators of a massage business have been convicted in
any other state of any offense which, if committed or attempted
in this state, would have been punishable as one or more of the
above-mentioned offenses of this subdivision.
b) Proof that the massage personnel and the owners or operators
of a massage business have been convicted of any felony offense
involving the sale of a controlled substance as specified, or
proof that the massage personnel or the owners or operators of
the massage business have been convicted in any other state of
any offense which, if committed or attempted in this state, would
have been punishable as one or more of the above-mentioned
offenses of this subdivision.
5)The ordinance shall also provide that a license to engage in the
business of massage shall be denied upon a showing by the licensing
authority of proof that the massage personnel or the owners or
operators of a massage business are required to register as a sex
offender.
(GC � 51032 (b))
6)Provides that these requirements regarding the business of massage
do not apply to cosmetologists, barbers, or to persons licensed to
practice any healing art pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code or the
Chiropractic Act when engaging in this practice within the scope of
his or her license. (GC � 51033 (a))
7)Provides that, notwithstanding any other provision of law, these
requirements regarding the business of massage shall apply to an
independent contractor of any person described in Item # 6 above, if
the independent contractor is engaged in, or is purported to be
engaged in, the business of massage. (GC � 51033 (b))
8)Declares that the Legislature in enacting these provisions
recognizes the existing power of a city or county to regulate a
lawful massage business pursuant to Section 37101, or pursuant to
Section 16000 or 16100 of the Business and Professions Code, or
under Section 7 of Article XI of the California Constitution, and
that nothing contained in these provisions shall be a limitation on
the existing power or on the existing authority of a city to license
for revenue purposes, nor shall anything contained in these
provisions authorize a city, county, or city and county to prohibit
a person of one sex from engaging in the massage of a person of the
other sex. (GC � 51034)
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This bill:
1)Prohibits a city or county from preventing a licensed or authorized
individual, as specified, from engaging in their regulated
profession.
2)Establishes the Massage Therapy Act.
3)Defines "certificate" to mean a valid certificate issued by the
CAMTC, as specified.
4)Defines "compensation" to mean "a payment, loan, advance, donation,
contribution, deposit, or gift of money, or anything of value."
5)Clarifies that "Council" means the California Massage Therapy
Council (CAMTC), as specified.
6)Clarifies that "massage" means "the scientific manipulation of the
soft tissues;" and that the terms "massage" and "bodywork" have the
same meaning.
7)Defines a "massage establishment" to mean " a location where massage
is performed for compensation, excluding those locations where
massage is only provided on an out-call basis."
8)Defines a "massage practitioner" and a "massage therapist" to mean a
person who is certified by the CAMTC, as specified, who administers
massage for compensation.
9)Defines an "operator" to mean "a person, whether owner, or nonowner,
who meets specified requirements" who does not need to be an owner
of the establishment or a certified massage therapist or
practitioner.
10)Defines a "sole provider" to mean "a massage business where the
owner owns 100% of the business, is the only person who provides
massage services for compensation for that business pursuant to a
valid and active certificate, as specified, and has no other
employees."
11)Permits the CAMTC to require background checks for all employees,
contractors, volunteers, and board members as a condition of their
employment, formation of a contractual relationship, or
participation in CAMTC activities.
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12)Permits the CAMTC to issue a registration to a massage
establishment, as specified.
13)Authorizes the CAMTC to determine whether information provided to
them in relation to certification of an applicant is true and
correct and meets the specified requirements, and if the CAMTC has
any reason to question whether the information provided is true or
correct or meets the specified requirements, the CAMTC may make any
investigation it deems necessary to establish that the information
received is accurate.
14)Repeals the authority, structure and composition of the CAMTC's
board of directors on September 1, 2015.
15)Specifies that the term of the current board of directors (Board)
will terminate on September 1, 2015 and the terms of 13 new members
of the Board will begin; the new Board members will be chosen in the
following manner:
a) One member shall be a representative of the League of
California Cities, unless that entity chooses not to exercise
this right to appoint;
b) One member shall be a representative of the California Police
Chiefs Association, unless that entity chooses not to exercise
this right to appoint;
c) One member shall be a representative of an antihuman
trafficking organization, to be determined, unless that entity
chooses not to exercise this right to appoint;
d) One member appointed by the Office of the Chancellor of the
Community Colleges, who must not be participating in any massage
therapy certificate or degree program, unless that office chooses
not to exercise the right to appoint.
e) Two members shall be appointed by the director of DCA, one of
whom shall be a public member and one of whom shall be a
California-certified massage therapist or practitioner who has
been practicing for at least three years, unless the director
chooses not to exercise the right to appoint;
f) One member appointed by the California Association of Private
Postsecondary Schools;
g) One member shall be appointed by the American Massage Therapy
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Association, California Chapter, who shall be a
California-certified massage therapist or practitioner who is a
California resident and who has been practicing massage for at
least three years;
h) One representative, who shall be a certified massage therapist
or a certified massage practitioner who is a California resident
who has practiced massage for at least three years prior to the
appointment, selected by a professional society, association, or
other entity which membership is comprised of massage therapist
professionals, and that chooses to participate in the CAMTC. To
qualify, a professional society, association, or other entity
shall have a dues-paying membership in California of at least
1,000 individuals, have been established since 2000, and shall
have bylaws that require its members to comply with a code of
ethics;
i) If there is more than one professional society, association,
or other entity that meets the specified requirements, the
appointment shall rotate based on a four-year term between each
of the qualifying entities. The qualifying entity shall maintain
its appointment authority during the entirety of the four-year
term during which it holds the appointment authority. The order
in which a qualifying professional society, association, or other
entity has the authority to appoint shall be determined by
alphabetical order based on the full legal name of the entity as
of January 1, 2014; and
j) The members appointed to the Board, shall appoint three
additional members, at a duly held Board meeting in accordance
with the Board's bylaws. One of those appointees shall be an
attorney licensed by the State Bar of California, who has been
practicing law for at least three years and who at the time of
appointment represents a city in the state. One of those
appointees shall represent a massage business entity that has
been operating in the state for at least three years.
16)Specifies that Board member terms are for four years.
17)Provides that the fee for certification or renewal can be no higher
than $300.
18)Authorizes the Board to adopt additional policies and procedures
that provide greater transparency to certificate holders and the
public than required by the Bagley-Keene Open Meeting Act.
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19)Provides that prior to holding a meeting to vote upon a proposal to
change the certification requirements or increase the certification
fees, the Board shall provide at least 90 days' notice of the
meeting, including posting a notice on the CAMTC's Internet Web
site, and sending a notice either by regular mail or email to
certificate holders and affected applicants, in advance of the vote,
unless at least two-thirds of the Board members concur that there is
an active threat to public safety and that voting at a meeting
without prior notice is required.
20)Provides that if the CAMTC approves a change to the certification
requirements or an increase in the certification fees, the CAMTC
shall update all relevant areas of its Internet Web site and notify
all certificate holders and affected applicants by a notice sent
either by regular mail or email within 14 days of the CAMTC's
action.
21)States that the protection of the public is the highest priority
for the CAMTC in exercising its certification, registration,
disciplinary authority, and other functions and whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public is paramount.
22)Revises and recasts the educational requirements for certification
to require all applicants to complete curricula in massage and
related subjects totaling a minimum of 500 hours, or the credit unit
equivalent, from schools approved by the CAMTC; and specifies of the
500 hours a minimum of 100 hours must address anatomy and
physiology, contraindications, health and hygiene, and business
ethics.
23)Requires all applicants for certification to take and pass a
massage and bodywork competency assessment and examination, as
specified.
24)Requires on or after January 1, 2016, an individual seeking
certification as a massage establishment operator to submit a
written application, and provide satisfactory evidence, to the CAMTC
that he or she meets the following:
a) The applicant is 18 years of age or older;
b) The applicant has successfully completed an educational
program approved by the CAMTC, as specified;
c) The applicant has successfully passed a background
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investigation, as specified; and,
d) All required fees have been paid.
25)Establishes a pathway for a person certified, as massage therapist,
practitioner or conditionally certified as a massage practitioner
who holds a valid and active certification and is also a sole
provider to obtain certification as a sole provider massage
establishment operator, as specified.
26)Specifies that a massage establishment operator may be held
responsible and disciplined by the CAMTC 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 CAMTC if the operator knew or
should have known of the conduct.
27)Requires a massage establishment operator certificate or
identification card issued by the CAMTC to be surrendered by any
certificate holder whose certificate is suspended or revoked.
28)Prohibits the CAMTC from accepting applications to practice as a
certified massage practitioner on or after August 1, 2015, as
specified.
29)Clarifies that applications accepted prior to January 1, 2015, to
practice as a certified massage practitioner, may be renewed without
any additional educational requirements.
30)Requires a massage practitioner certificate or identification card
issued by the CAMTC to be surrendered by any certificate holder
whose certificate is suspended or revoked.
31)Permits a person who was issued a conditional certificate to
practice as a massage practitioner.
32)Clarifies the provisions to phase out the massage practitioner
conditional certification, as specified.
33)Provides that a certification issued by the CAMTC is subject to
renewal every two years, as specified, and a certificate issued by
the CAMTC expires after two years unless it is renewed, and the
CAMTC may provide for the late renewal of a certificate or
registration.
34)Permits the CAMTC to receive arrest notifications and other
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background material about applicants and certificate holders from a
city, county or city and county.
35)Requires a certificate holder to 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.
36)Requires a certificate holder to notify the CAMTC of his or her
primary email address, if any, and notify the CAMTC within 30 days
of a change of the primary email address, and specifies
that if a certificate holder provides massage on an out-call basis, or
as an establishment operator, they do not need to notify the CAMTC
of a change in address, as specified.
37)Expands unprofessional conduct to include:
a) Engaging in sexually suggestive advertising;
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 certificate or practicing
outside of the conditions of a restricted certificate;
e) Providing massage of the genitals or anal region, or female
breasts, for compensation without the written consent of the
person receiving massage and supervision by a physician;
f) Failing to fully disclose all information requested on the
application; and,
g) Dressing while engaged in the practice of massage for
compensation in a manner that exposes the certificate holders
breasts or genitals, is transparent or see-through or that
otherwise violates the penal code, as specified.
38)Permits the CAMTC to deny an application for a certificate for the
commission of any specified acts.
39)Enhances the CAMTC's authority to discipline a certificate to
include placing the certificate holder on probation which may
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include limitations or conditions on practice.
40)States that any denial or discipline must be decided upon and
imposed in good faith and in a fair and reasonable manner and any
procedure that conforms to the requirements, as specified, 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.
41)Specifies that a procedure is fair and reasonable, if the
procedures as specified, are followed or if all of the following
apply:
a) Denial or discipline shall be based on a preponderance of the
evidence. In determining the basis for the denial or discipline,
the CAMTC may consider all written documents or statements as
evidence, but shall weigh the reliability of those documents or
statements;
b) The provisions of the procedure are publically available on
the CAMTC's Internet Web site; and,
c) The CAMTC provides 15 calendar days prior notice of the denial
or discipline and the reasons for the denial or discipline.
42)States that if the CAMTC receives notice that a certificate holder
has been arrested and charges have been filed, as specified, the
CAMTC will immediately suspend, on an interim basis, the certificate
of that certificate holder and notify the clerk of the city, county
or city and county when the certificate is suspended and the reason
for the suspension within 10 business days.
43)Requires the CAMTC to take specified actions if the CAMTC suspends
a certificate.
44)Requires that any notice given by the CAMTC pertaining to
discipline of a certificate holder may be given by any method
reasonably calculated to provide actual notice, and any notice given
by mail must be given by first-class or certified mail sent to the
last address of the applicant, certificate holder or registered
establishment shown on the CAMTC's records.
45)Permits an applicant or certificate holder to challenge a denial or
discipline decision, as specified.
46)Adds unfair competition under Section 17200 of BPC to the remedies
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for engaging in an unfair business practice, as specified.
47)Prohibits a city, county or city and county from enacting an
ordinance relating to a certified massage therapist, certified
massage practitioner, or certified massage establishment operator
that does any of the following:
a) Impose a requirement that a certificate holder take or pass
any test, medical examination or background check, or comply with
educational requirements beyond what is required;
b) A prohibition against locked doors in a registered massage
establishment with two or more people working at the
establishment;
c) Imposes a requirement that an individual holding a certificate
issued in accordance with this chapter obtain any other license,
permit, certificate, or other authorization to provide massage
for compensation;
d) Prohibits a certificate holder from performing massage for
compensation on the gluteal muscles, prohibits specific massage
techniques recognized by the CAMTC as legitimate, or imposes any
other specific restriction on professional practice beyond those
already specified; and
e) Imposes a dress code requirement in excess of those already
required of certificate holders, as specified.
48)Specifies that nothing 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.
49)Requires the CAMTC, 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, to provide information
concerning a certificate holder, as specified.
50)States that upon request of the CAMTC, 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
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provide information to the CAMTC concerning an applicant or
certificate holder, as specified.
51)Requires the CAMTC to 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 and review that information in a
timely manner.
52)Provides the CAMTC with the responsibility to determine whether the
school, continuing education provider, or provider of education for
massage establishment operators from which an applicant has obtained
the education required, meets the requirements as specified.
53)States that if the CAMTC has any reason to question whether or not
the applicant received the education that is required from the
school or schools that the applicant is claiming, the CAMTC will
investigate the facts to determine that the applicant received the
required education prior to issuing a certificate.
54)Authorizes the CAMTC to charge a reasonable fee for the inspection
or approval of schools, continuing education providers and massage
establishment operator education providers, provided the fees do not
exceed the reasonable cost of the inspection or approval process.
55)Requires the CAMTC to develop policies and procedures governing the
requirements and approval process for schools, continuing education
providers, and massage establishment operator education providers
provided the fees do not exceed the reasonable cost of the
inspection or approval process.
56)States that the superior court of a county or competent
jurisdiction may, upon petition by any person, issue an injunction
or any other relief the court deems appropriate for a violation, as
specified.
57)States that the provisions of this chapter are severable, as
specified.
58)Requires, on or before June 1, 2016, for the time period beginning
January 1, 2015, the CAMTC to provide a report to the Legislature
that includes all of the following:
a) A feasibility study of licensure for the massage profession,
including a proposed scope of practice, legitimate techniques of
massage, and related statutory recommendations;
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b) The CAMTC's compensation guidelines and current salary levels;
c) Performance metrics, including, but not limited to:
i) The annual number of denied certificate applications, and
a brief description of the grounds for each decision;
ii) The number of certificates taken off suspension and a
brief description of the grounds for each decision;
iii) 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; and,
iv) 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 CAMTC as a result of these complaints.
59)Requires the CAMTC to testify in person if requested by the
appropriate policy committees of the Legislature.
60)Extends the sunset date, by two years, until January 1, 2017 and
subjects the CAMTC to review by the appropriate policy committees of
the Legislature.
61)Prohibits a city, county, or city and county from doing the
following:
a) Define a massage establishment as an adult entertainment
business, or otherwise regulate a massage establishment as adult
entertainment;
b) Require a massage establishment to have windows or walls that
do not extend from the floor to the ceiling, or have other
internal physical structures including windows, that interfere
with a client's reasonable expectation of privacy;
c) Impose client draping requirements that extend beyond the
covering of genitalia and female breasts, or otherwise mandate
the client wear special clothing;
d) Prohibit a massage establishment from locking its external
doors, when there is only one individual working on the premise
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as specified;
e) Require a massage establishment to post any notice in an area
that be viewed by clients that contains explicit language
describing sexual acts, mentions genetalia, or specific
contraception devices.
62)States that is the intent of the Legislature:
a) 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, provide
for a self-funded nonprofit oversight body to certify massage
professionals, and ensure full compliance with, and execution of,
the requirements of this Act;
b) That broad control over land use in regulating massage
establishments be returned to local governments so that they may
manage those establishments in the best interest of the
individual community, and that the requirements and practice of
the profession of massage therapy remain a matter of statewide
concern, regulation, and oversight; and,
c) That local governments, law enforcement, nonprofit
stakeholders, the massage industry, and massage professionals
work together going forward to improve communication and share
information to further increase the value of statewide
certification, and also to develop a model ordinance reflecting
best practices in massage regulation for cities and counties to
adopt that will respect local control, patient privacy, and the
dignity of the profession of massage therapy.
FISCAL EFFECT: Unknown. This measure has been "keyed" fiscal by
Legislative Counsel.
COMMENTS:
1.Purpose. According to the Authors, on March 10, 2014, the Assembly
Business, Professions and Consumer Protection Committee and the
Senate Business, Professions and Economic Development Committee held
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a joint Sunset Review hearing to investigate CAMTC's performance and
the related impacts on local governments. A comprehensive review of
CAMTC and testimony from the hearing revealed that current law is
clearly not operating the way it was intended. The review of CAMTC
demonstrated that the organization faces many challenges to its
ability to fulfill its mission, including: the need for greater
oversight of educational institutions; a need for establishment and
business inspections; a need for better administrative controls;
and, a revised board more responsive to stakeholders. In addition,
it was clear that local governments strongly desired to regain land
use authority over establishments using certified professionals, and
for CAMTC to enhance its communications with local government and
law enforcement entities to better help in stopping individuals and
businesses engaged in illegal activity from masquerading as
legitimate healing arts practitioners and damaging the reputation of
the massage therapy profession.
Authors also indicate that, in addition, recent news stories have
highlighted the concern in some communities about a rise in the
number of massage businesses, as well as the fear that some of those
businesses are operating as a front for prostitution or other
illegal activities.
As stated by Assembly Member Bonilla : "In an effort to enhance
consumer protection and local control, this bill makes major changes
to the current regulatory system for massage therapy. This bill
will restore the ability for cities to better control massage
establishments while raising certification standards and creating a
stronger regulatory system for massage professionals. It will also
reconstitute the Board of the California Massage Therapy Council to
make it more inclusive by incorporating a broader range of
stakeholders who care about the massage industry in California,
including a city attorney and a member of an anti-human trafficking
organization. It also clarifies the rights of the profession, and
sets out certain protections for consumers of massage.
Unfortunately, the current massage therapy law
had serious unintended consequences, with bad actors masquerading as
legitimate massage professionals who exploited loopholes in current
law to insulate themselves against the ability of local governments
and law enforcement to shut them down. This bill will give that
power back to the cities and counties, which will go a long way
towards eliminating the brothel owners and human traffickers who are
hurting women, hurting neighborhoods, hurting the profession, and
hurting California."
As stated by Assembly Member Gomez : "It's time we take back control
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of our neighborhoods with this reform measure. Legitimate massage
therapists have a role in our communities. But the current law has
allowed criminal elements to hide behind the law and disrupt our
communities. The most critical piece of the reform measure is that
the bill will return land use authority to cities and counties. The
broad pre-emption of local land use authority for 'certified-only'
massage professionals has been removed, returning local land use
control back to the cities and counties. Now our communities will
once again have a voice in the process."
As stated by Assembly Member Holden : "This bill frees cities and law
enforcement to do what they do best: guard the best interests of its
citizens and resident businesses and protect their community from
criminals. This bill allows good massage therapists to be recognized
and bad actors to be put out of business. AB 1147 removes the most
detrimental parts of the law and ensures that control over planning
of our communities is handed back to the people, not business owners
with bad intentions."
The changes to the Massage Therapy Act and it statutes and the
rationale for the major changes to the Act are as follows:
a) Return of local control by cities and counties of massage
establishments and businesses. This bill returns the authority
of land use and zoning controls to the cities by removing the
preemption clause which allowed massage establishments to open
and operate as long as they were utilizing all certified
individuals. This bill will permit cities to regulate
establishments and massage businesses as each jurisdiction deems
appropriate. With the return of land use and zoning controls,
cities will be able to continue or re-establish local ordinances
dealing with health and safety requirements; requires massage
establishments to abide by hours of operation; establish
appropriate business license fees; and determine the appropriate
inspection fees.
b) Practice protection for Massage Therapists. This bill amends
current law to include protection for those certified individuals
who have met the specified requirements of certification to be
able to practice in each jurisdiction without being required to
obtain any additional education, take or pass an additional
examination, or take any medical tests as a condition to practice
in that jurisdiction. This bill seeks to maintain uniform
certification standards for practitioners and therapists.
c) Reconstitute the California Massage Therapy Council (CAMTC).
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This bill restructures the current CAMTC which will include more
stakeholders involved in the regulation, practice and profession
of the massage industry in California. This bill reduces the
number of board members from 20 to 13, and requires all
appointees to be residents of California. The term of the
existing Board will terminate on September 1, 2015 and the new
members' term will begin. The revised Board will include a
representative of the California Police Chiefs Association; a
representative from an antihuman trafficking organization; two
members appointed by the director of DCA including a public
member and certified massage therapist or practitioner; a
representative of the California Association of Private
Postsecondary Schools; a representative of the American Massage
Therapy Association, California chapter; a representative from a
professional society, association, or other entity whose
membership is comprised of massage therapists professionals; and,
the CAMTC has the authority to appoint three individuals
including a licensed attorney representing a city in California,
and a representative of a massage business entity.
d) Allow for local registration requirements for establishments.
The previous version of this bill included a provision which
would have authorized the CAMTC to certify massage
establishments. Recent amendments removed that provision, which
means local jurisdictions will be able to register massage
establishments in accordance with each jurisdiction's local
ordinance. The CAMTC will continue to certify individuals and
massage establishment operators, but will not certify any
establishment owners or establishments. Massage establishments
owners will need to obtain permits or authorizations as
determined by local ordinances.
e) Raise professional standards for certified massage therapists.
The previous massage therapy law permitted a two-tier
certification system, which this bill revises in an effort to
raise the professional standards for certified massage
therapists, by phasing out the certified massage practitioner
certificate for new applicants. In addition, this bill requires
that new applicants for certification as a massage therapist will
be required to take and pass an examination and obtain 500 hours
of education from schools approved by the CAMTC, and specifies
that 100 of those hours must be in certain subjects including
anatomy, physiology, contraindications, health and hygiene and
business and ethics.
f) Expand the CAMTC's disciplinary authority. This bill aims to
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increase the unprofessional conduct standards of certificate
holders which will expand the CAMTC's ability to suspend, revoke
or deny a certificate. The revised standards for unprofessional
conduct include engaging in sexually suggestive advertising,
engaging in any form of sexual activity on the premise of a
massage establishment, failing to disclose all information
requested on a certificate, and practicing massage on a suspended
certificate or practicing outside of the conditions on a
restricted certificate. The enhanced standards for
unprofessional conduct are aimed at helping the CAMTC better
identify those certificate holders who have violated the
professional standards of the Massage Therapy Act.
g) Requirements regarding operators of massage establishments.
The proposed changes in this bill provide the CAMTC with the
authority to establish a massage establishment operator
certificate. As with the current massage therapy certification,
this would be a voluntary certification. The intent of the
certified massage establishment operator, would provide entities
which require a massage establishment operator, or those
individuals who seek to manage a massage establishment, with the
tools and resources to effectively manage a massage
establishment. For those local jurisdictions that require an
operator on the premise of a massage establishment, this bill
would help provide a streamlined and uniform approach to the
regulation of these individuals. According to the
provisions of this bill, certified operators would be subject to
the CAMTC's current disciplinary authority and unprofessional
conduct standards.
h) Increase the accountability of the CAMTC. In an effort to
increase the accountability of the CAMTC and to better inform the
appropriate policy committees of the Legislature about the
CAMTC's enforcement outcomes and administrative issues, this bill
requires the CAMTC to provide reports to the appropriate policy
committees of the Legislature, which contain information about
enforcement outcomes including the number of disciplined
certificates, along with information from local law enforcement
about certificate holders. In addition, this bill requires the
CAMTC to report back to the Legislature in January 2016, about
specified administrative issues.
2.Background.
a) The Practice of Massage Therapy in California. Massage has
grown into the third most requested Complementary and Alternative
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Practice; only chiropractic and relaxation techniques are more
popular, according to the American Massage Therapy Association,
California Chapter (AMTA-CA). Massage is used for managing
stress, enhancing self-awareness, maintaining health, increasing
athletic performance, rehabilitating from injuries, and as an
adjunct to medical treatment for a wide variety of conditions.
Estimates based on surveys, professional affiliations, and
liability insurance show that up to 40,000 massage therapists are
currently practicing in California. Exact numbers are hard to
pinpoint given the high turnover rate of the profession. Some
massage therapists are independent practitioners while a large
number of others are employees of spas and chiropractors.
According to the AMTA-CA, 220 schools in California are now
approved to offer instruction in massage, with programs ranging
from 100 hours to 1,000 hours. In addition to the large number
of proprietary schools approved by the Bureau of Private
Post-Secondary and Education or nationally accredited, massage as
a vocation is now taught in cosmetology schools, trade schools,
and several community colleges.
Titles used in California by the massage profession include:
massage therapist, massage practitioner, certified massage
therapist, massage technician, bodyworker, masseur, masseuse,
myotherapist, Nationally Certified in Therapeutic Massage and
Bodywork. Where no local regulations exist, any title can be
used.
The National Certification Board for Therapeutic Massage and
Bodywork (NCBTMB) certifies massage therapists and bodyworkers on
behalf of the profession. NCBTMB developed and administers the
National Certification Examination for Therapeutic Massage and
Bodywork. There is also a nationally recognized certification
exam for practitioners for certification in Asian bodywork
therapies. This is administered by the National Certification
Commission for Acupuncture and Oriental Medicine.
According to the AMTA-CA, consumers do not know the difference
between a purchased certification and a certification that
requires a specific amount of training. Different jurisdictions
have different standards which would indicate that there is no
local government agreement about what standards are necessary and
sufficient.
b) Prior Law and Regulation in California Cities and Counties
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of Massage Businesses. AB 3325 (McAllister, Chapter 1352,
Statutes of 1976) enacted the prior local authority to
regulate the business of massage. In an analysis of that
bill, it is stated that the purpose of the bill is to clearly
state that local governments have the authority to regulate
the operation of massage businesses through licensing
procedures if they so desire.
The law allowed cities and counties to condition the issuance
of a massage license upon proof that the massage personnel
and the owners or operator of such businesses have not been
convicted of certain sex-related crimes. It was argued by
some that this legislation was enacted to deal in part with
the adult-oriented sex business, but in doing so, legitimate
massage businesses were subject to local ordinances that
inappropriately and oppressively regulated them as "adult
entertainment." Some examples are restrictive zoning,
excessive fees, VD tests, required showers and separate
restrooms, and prohibited home visits. Because local
jurisdictions controlled the regulation of massage, local
ordinances could be vastly different.
The perception of massage as a vice resulted in many cities
requiring expensive conditional use permits. Restricting
massage businesses from opening within 1,000 feet of schools,
churches, or residences effectively zoned massage out of many
small cities. Proponents of state regulation argued that
local regulation treats professionals and "massage parlors"
alike and that consumers have a problem knowing how to
distinguish legitimate massage practitioners from "massage
parlors."
3.Current Regulation of Massage Therapists and Their Businesses. In
February 2003, Assembly Member Kehoe introduced AB 1388 , which was
sponsored by the AMTA-CA. As introduced, the bill would have
established the Massage Therapy and Bodyworks Commission in the DCA
to register and regulate massage therapists and bodyworkers. It was
referred to the Assembly Business and Professions Committee;
however, it died in that Committee without being heard. Although
there was significant discussion surrounding the issue of state
regulation of massage therapy, interested parties could not reach
any type of agreement as to what the regulatory scheme should be.
In January 6, 2005, the issue of whether California should shift the
regulation of massage therapists from the local level to the state
level and what type of regulatory oversight should be provided was
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submitted to review by the prior Joint Committee on Boards,
Commissions and Consumer Protection (Joint Committee). This was
part of the "sunrise review process" which provided that any new
proposals to create new licensure or regulatory categories, change
licensing requirements, modify scope of practice, or create a new
licensing board could be referred to the Joint Committee by the
standing committees of the Legislature. (Sunrise review is still
required by the standing committees under Section 9148 et seq. of
the Government Code for any new categories of licensure or creation
of a new licensing board.) This permitted an opportunity for all
interested parties to participate in discussing both the pros and
cons of such a proposal and for the Joint Committee to make
recommendations to the Legislature regarding these proposals.
The Joint Committee found that massage therapy is "regulated in
California by a chaotic mish-mash of local vice ordinances primarily
aimed at controlling illicit 'massage parlors.' In essence, the
current system sought to regulate illegal activity in the guise of
professional licensing." The Joint Committee concluded that the
current system fails to serve either the public or the profession
and that it is appropriate to streamline the regulation of massage
therapy at the state level in order to create a more uniform
standard. The Joint Committee, on April 12, 2005, issued its
recommendation and stated that regulation of massage therapists
should be shifted from the current local jurisdiction approach to a
state-based approach to provide for more uniform standards. It was
also recommended that the state-based approach should be flexible
enough to serve the needs of the public, the profession, as well as
the legitimate interests of the local governments who currently use
existing law for legitimate public policy purposes.
The recommended regulatory program for massage therapy was modeled
after the regulatory program for tax preparers (BPC � 22250 et seq.)
and interior designers (BPC � 5800 et seq.) which provide for
statutorily created non-profit corporations that have the authority
to certify qualified individuals in their respective professions.
The following is the legislative history for regulating the massage
therapy profession.
SB 412 (Figueroa) was introduced in 2005 and was sponsored by the
AMTA-CA. SB 412 became a two-year bill and lengthy discussions took
place with the League of Cities, California State Association of
Counties, local law enforcement, those representing private and
public massage schools, massage and related massage therapy
associations and organizations, chiropractic and physical therapy
associations. This measure, however, failed passage on the Assembly
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Floor at the end of Session in 2006, because of the opposition from
both the chiropractic and physical therapy profession regarding the
definition of "massage therapy."
SB 731 (Oropeza, Chapter 384, Statutes of 2008) was then introduced in
2008, and was almost identical in every aspect to SB 412. The only
difference was in the definitions of "approved" and "registered
schools" and in the definition of massage therapy. SB 731 which
implemented the Massage Therapy Act, shifted the regulation of
massage therapists from local jurisdictions to a state-based
approach and created a voluntary statewide certification of massage
therapists and the Massage Therapy Organization (MTO) with the
authority to implement a certification program. The purpose of the
MTO 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 program allowed
for work in multiple California locations without the need for
multiple permits or fees and multiple and differing requirements to
provide massage therapy services.
The MTO, which has now been changed to California Massage Therapy
Council (CAMTC), is responsible for evaluating the qualifications of
massage professionals, requiring fingerprinting and criminal
background checks and for issuing certifications in California.
There are two levels of certification, Certified Massage Therapist
(CMT) and Certified Massage Practitioner (CMP), each with different
educational requirements. If a CMT or CMP violates terms of
certification, CAMTC can suspend or revoke their certification.
Although California law grants title protection, there is no defined
scope of practice for massage professionals. Local cities and
counties cannot require local massage licenses/permits of CMTs or
CMPs, but they can require permits dealing with reasonable health
and safety concerns. They can also generally require a business
license of the business owner, independent contractor, or tenant.
SB 619 (Halderman, Chapter 309, Statutes of 2011) changed the name of
the Massage Therapy Organization to the CAMTC and made a number of
clarifying, conforming and technical changes to Act regarding the
approval of schools providing training and curriculum in massage,
reimbursements of costs incurred by the CAMTC for denying a massage
certificate
or disciplining a certificate holder, the advertising and display of
the massage certificate, and the granting of a conditional
certificate.
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SB 1238 (Price, Chapter 655, Statutes of 2012) made a number of
substantive, clarifying, conforming and technical changes to the Act
regarding: approval of school credit hours and examination and
training requirements for purposes of certification; the grounds for
suspension, denial or revocation of certification of the certificate
holder; the sharing of information between local law enforcement and
the CAMTC; the responsibility of owner/operators of massage
businesses for conduct of employees or their independent contractors
and background checks of owner/operators; the ability for cities to
restrict the operation of massage businesses involved in prior
criminal activity.
4. Sunset Review Hearing of CAMTC. In 2014, the Senate Business and
Professions Committee and the Assembly Business, Professions and
Consumer Protection Committee (Committees) conducted joint
oversight hearings to review 9 regulatory entities: Bureau of
Automotive Repair; Bureau of Home Furnishings and Thermal
Insulation; Bureau for Private Postsecondary Education; California
Massage Therapy Certification program ; California Acupuncture
Board; California Tax Preparers Program; Dental Hygiene Committee
of California; Professional Fiduciaries Bureau; and Structural Pest
Control Board. The Committees also reviewed the performance and
effectiveness of the Community Interest Development Manager's
Certification Program.
The Committees began their review of the aforementioned licensing
agencies in March and conducted two days of hearings and then more
recently held a hearing on the Bureau of Private Postsecondary
Education. This bill, and the accompanying sunset bills, are
intended to implement legislative changes as recommended by staff
of the Committees which are reflected in the Background Papers
prepared by Committee staff for each board, bureau and program
reviewed for this year.
The following are some of the major issues pertaining to the CAMTC or
areas of concern reviewed and discussed by the Committee during the
review of the CAMTC, along with background information concerning
each particular issue. Recommendations were made by Committee
staff regarding the particular issues or problem areas which needed
to be addressed.
a) Issue : Certification Tiers.
Background . Currently there are two certification levels:
Certified Massage Practitioners who are required to complete at
least 250 hours of education and training while the Certified
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Massage Therapists are required to complete at least 500 hours.
Committee staff recommended that there be one standard for
education, 500 hours, and that the second-tier pathway for
certification be eliminated; also that there be 100 hours of
instruction in anatomy and physiology, contraindications, health
and hygiene and business ethics within the required 500 hours of
the CAMTC approved education and training and in addition the
completion of a CAMTC approved examination.
[ The current language in this measure reflects this recommended
change .]
b) Issue : CAMT Membership Composition.
Background . CAMTC is unique in that its Council members are
appointed by a mixed group of industry, massage school, and local
government association representatives. CAMTC's bylaws allow for
a maximum of twenty board members, but no less than four. By
comparison, the California Medical Board has only fifteen
members. CAMTC currently has 19 members with one vacancy. Seven
members are certified massage professionals; eight members are
representatives selected by four different professional
associations; three members are representatives selected by
statewide associations of private postsecondary schools; one
member is a representative appointed by the League of California
Cities; one member is a representative selected by the California
State Association of Counties; one is a representative selected
by DCA; and the remaining six members are appointed by a
two-thirds vote of the Council as provided in CAMTC's bylaws.
The only CAMTC appointments with government oversight are those
controlled by DCA and the Chancellor of the California Community
Colleges. As stated in the Act, those entities may even choose
not to exercise the right of selection and leave their seats
unfilled. Additionally, at least two members of the Council do
not reside in California. While this may be common practice for
non-profit boards, it is not customary for boards under the
jurisdiction of DCA.
Committee staff recommended that consideration should be given to
restructuring CAMTC to more closely reflect other healing arts
boards under the jurisdiction of DCA in the following ways:
reducing the total number of members to 15 or less; placing the
appointment powers with the Governor, the Speaker of the
Assembly, the Speaker Pro Tempore or the Senate Rules Committee;
requiring a substantial number or even a majority of public
members; instituting rigorous Board member training; requiring
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local government and law enforcement representatives among the
Board members; and imposing a California residency requirement on
all Board members.
[ The current language in this measure reflects some of the
recommended changes however it does not include political
appointees but rather designated appointees from specific
professional associations, colleges and schools, law enforcement,
cities and counties and the DCA .]
c) Issue : Preemption and Practice Rights for Massage Therapists.
Background . The original intent of the SB 731 was to create
uniform standards regarding education, training and background
investigation for massage practitioners to help professionalize
the massage industry in California and provide more distance from
an unfortunate association with the sex trade.
According to the American Massage Therapy Association's 2014
Industry fact sheet, massage professionals work in a variety of
work environments, sole practitioners account for 62% of
practicing therapists, many of whom practice in multiple
settings. 65% of those sole practitioners work at least part of
their time at a client's home, business, or corporate setting,
38% at their office, 35% at their home, 26% in a healthcare
setting, and 26% work in a spa setting. Because so many massage
professionals are sole practitioners who work from their home,
travel to a client's homes, or contract with spas in various
cities and counties, the concept of statewide certification was
designed to help alleviate practitioners from being required to
meet multiple duplicative and often restrictive practice
standards which would vary city by city. From a consumer
protection standpoint, certification meant that a "certified
professional" has met specified educational, training, and
background standards, thereby giving consumers some reassurance
that the practitioner was properly educated and trained.
According to CAMTC, for many years "the perception of massage as a
vice resulted in many cities requiring expensive conditional use
permits. [Some] [r]estricted massage businesses from opening
within 1,000 feet of schools, churches, or residences effectively
zoned massage out of many small cities. As reported by CAMTC,
zoning massage as "adult entertainment," cities force[d] massage
clients to seek healing and restorative services in unsafe,
outlying and industrial areas, adjacent to adult bookstores and
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nude dancing establishments. Many cities still have local
ordinances that presume massage clients will be engaging in
sexual intercourse with the massage providers. For example, Los
Angeles requires that a poster be posted in public areas
informing massage clients that it is illegal to have condoms on
the premises." Additionally, the proponents of state regulation
argued in discussions around SB 731 that in the past, local
regulation treated professionals and illicit massage businesses
alike and consumers may have had a problem knowing how to
distinguish legitimate massage practitioners from illicit massage
businesses.
In crafting a voluntary, statewide certification program in
California, proponents of statewide regulation recognized a need
to eliminate restrictive and duplicative local registrations and
certifications. SB 731 included a specific provision in BPC 4612
(a) (4) which created a specific exemption (known as the
" preemption" ) for certified massage professional from certain
restrictive business regulations. The statute specifically
states "Nothing in this section shall prohibit a city, county, or
city and county from enacting ordinances, regulations, rules,
requirements, restrictions, land use regulations, moratoria,
conditional use permits, or zoning requirements applicable to an
individual certified pursuant to this chapter or to a massage
establishment or business that uses only individuals who are
certified pursuant to this chapter to provide massage for
compensation, provided that, unless otherwise exempted by this
chapter, these ordinances, regulations, rules, requirements,
restrictions, land use regulations, moratoria, conditional use
permits, and zoning requirements shall be no different than the
requirements that are uniformly applied to all other individuals
and businesses providing professional services, as defined in
subdivision (a) of Section 13401 of the Corporations Code."
[Emphasis added.]
Preemption clauses are included numerous massage therapy practice
acts across the country. Currently, 22 other states include some
form of preemption in their massage therapy statutes. Preemption
clauses vary state by state and may or may not dictate land use
controls in addition to licensing standards for massage
professionals. The American Massage Therapy Association Web site
provides suggested guidelines for a state-wide regulatory scheme
for massage therapy, and recommends that any massage therapy
practice act should include preemption of local regulations that
would treat massage therapy differently in any way from local
regulation of other healthcare professions. However, those
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guidelines do not include model language.
A number of local governments and the League of Cities began to
argue that the preemption as written severely hampers their
authority to legitimately regulate massage businesses. [It
should be noted that the League of Cities initially approved the
preemption language in SB 731.] However, according to the League
of California Cities, "While [existing law] specifies that
jurisdictions can regulate businesses that provide massage
services through independent contractors or employees to provide
massage if they are not certified by CAMTC, [it] precludes the
ability of jurisdictions to regulate certified massage therapists
and businesses that employ certified massage therapists.
Specifically, jurisdictions can only regulate massage
establishments using CAMTC-certified massage professionals if
jurisdictions apply the regulations to other professional
services in a uniform matter. In addition, the legislation
provides that certified massage therapists have the right to
practice massage without any other license, permit, or other
authorization.
In addition, if a business indicates that they only hire certified
employees, cities and counties can't regulate the business.
That's right - cities and counties can regulate big box stores,
fast food restaurants, marijuana dispensaries, doctors' offices,
and pretty much every other business in the local jurisdiction.
The problem is a provision in SB 731 states that unless the
jurisdiction regulates massage establishments no differently than
the requirements that are uniformly applied to other professional
services, the jurisdiction cannot regulate the massage industry.
Cities and counties do not regulate every professional business
the same way. Governments place regulations on businesses to
address particular issues specific to that business. For
example, parking requirements for a doctor's office may not be
the same as a big box store. A jurisdiction may limit the hours
of operation for an adult store but not a nail salon."
Conversely, the American Massage Therapy Association argued that
state certification and recognition is important because it
"protects the public in other ways as well. It establishes a
consistent standard of practice which is enforceable by a
professional code of ethics. In addition, it establishes a
formal grievance process for consumers that helps prevent
unethical and/or non-compliant massage therapists from continuing
to practice."
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Based on a review of the legislative history of SB 731, it does not
appear that the intent of the preemption clause was to dismantle
a local jurisdiction's ability to regulate massage businesses, as
it would any other business. Instead, it appears to have been an
attempt, however flawed, to achieve two ends: to standardize the
requirements of the profession so that professionals only need
meet one set of state standards, and also to ensure that local
land use decisions are made in a manner that does not unduly
discriminate against massage professionals. Standardization is a
useful tool for local jurisdictions because it allows them to
efficiently recognize an individual's certification in massage
therapy having to create and administer their own duplicative
certification system. The bulk of the contention over preemption
does not appear to be with the imposition of a single state
standard; rather, the majority of the discontent appears to stem
from the perceived overbroad reach of the "protective" provisions
that restrict local government's ability to utilize its full land
use authorities when a massage business uses only CAMTC-certified
professionals.
Committee staff recommended that consideration should be given to
either revising [or eliminating] the preemption language in order
to return a greater degree of control to local governments in
regulating massage businesses while maintaining the integrity of
the statewide certification process and ensuring that massage
professionals do not face undue burdens or discrimination in
their practices.
[ The current language in this measure reflects this recommended
change by eliminating the current preemption language in the Act,
however, the practice of massage therapists is protected and
still regulated under the Act .]
d) Continued Regulation by CAMTC.
Background . As intended by SB 731, the health, safety and welfare
of consumers would be protected through a voluntary certification
of massage professionals, ensuring greater consistency and
quality among professionals while giving local governments the
tools to more easily identify trustworthy practitioners. The
current regulatory scheme combines education, training, and
background standards into a systematic formal review process
whereby only those individuals who have met those standards can
dutifully represent themselves as massage therapists or massage
practitioners. That system would be overseen by a regulating
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entity with a mission "to protect the public through the
administration of a successful certification process." That
mission is worthy of continuation.
Nevertheless, CAMTC faces many challenges to its ability to fulfill
its mission: the need for greater oversight of educational
institutions; a need for establishment and business inspections;
a need for better administrative controls; questions regarding
Board composition; and a strong desire from local governments to
regain some measure of land use authority over establishments
using certified professionals. CAMTC will need to be proactive
in addressing these issues in order to fulfill its mandate and
earn the trust of its many stakeholders. In addition, CAMTC will
need to enhance its communications with local government and law
enforcement entities to help stop individuals and businesses
engaged in illegal activity from masquerading as legitimate
healing arts practitioners and damaging the reputation of the
massage therapy profession.
A strong argument can be made for the continuation of some form of
professional regulation: statewide regulation is more efficient,
consistent, and the norm across the majority of states. Without
any regulation, consumers would lose any hope of making
distinctions in quality between massage practitioners,
practitioners would be again subject to a patchwork of licensing
regimes, and local governments would be forced to develop new
regulatory processes from scratch.
However, the question remains as to the form that regulatory
oversight should ideally take. Should the non-profit model
represented by CAMTC, perhaps with some changes, continue for
another four years? Should CAMTC be allowed to sunset, and have
its responsibilities taken over by a newly created board or
bureau under the jurisdiction of DCA? Transition to a
board/bureau model would certainly entail transition costs,
including setting up the physical office, hiring staff, and
shifting over the database and certificate production processes.
Conversely, a board or bureau would provide greater consistency
in administrative practices, greater transparency to the public,
and perhaps confer greater
enforcement powers as well. Of course, such a change would also
represent a shift in control over regulation from the industry to
the public sector as well.
Committee staff recommended that the Committees may wish to further
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discuss the relative merits of continuing the non-profit model of
regulation, deregulating the industry completely, or
transitioning to a board or bureau overseen by DCA. Of course,
the creation of a new board or bureau should be done only with
the agreement of the Governor's Administration. If, however, it
is determined that the current non-profit model should be
continued, that it be granted only a two-year sunset extension in
order to ensure that any outstanding issues are dealt with
quickly and to the satisfaction of the Committees.
[ The current language in this measure reflects the continuation of
CAMTC, but only grants a two year extension of the sunset date to
deal with outstanding issues as identified by the Committees. ]
5.Related Legislation This Year. AB 2739 (Assembly Business,
Professions and Consumer Protection Committee, 2014) would have
extended the sunset date for the CAMTC until January 2019. ( Status :
AB 2739 was held in the Assembly Business, Professions and Consumer
Protection Committee.)
AB 1904 (Bonilla, 2014), requires a certified massage therapist or
certified massage practitioner to notify CAMTC of his or her primary
email address, if any, and notify the CAMTC within 30 days of any
change to the primary email address. ( Status : AB 1904 is pending a
hearing in this Committee.)
6.Prior Related Legislation. AB 294 (Negrete-McLeod, Chapter 695,
Statutes of 2010) changed the sunset dates on various boards,
bureaus and programs within the Department of Consumer Affairs,
including CAMTC, from 2016 to 2015.
AB 285 (Correa, Chapter 149, Statutes of 2011) provided that any
person who provides a certificate, diploma or other document, or
otherwise affirms that a person has received instruction in massage
therapy, knowing that the person has not received such training, is
guilty or a misdemeanor, punishable by a fine of $2,500 or
imprisonment in county jail for up to one year, or both.
AB 1822 (Swanson, 2010) would have added two additional members to the
CAMTC, each one selected by the California Police Chiefs Association
and the California State Sheriffs' Association, respectively, unless
those entities chose not to do so. ( Status : AB 1822 was vetoed by
the Governor.)
7.Arguments in Support. The League of California Cities (League) is
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in support of this measure as it would return the tools to local
governments that would allow them to close down businesses
masquerading as massage establishments that are really offering
illicit services, and in some cases engaging in human trafficking.
According to the League, they have been very involved in this issue
and have been asking for three issues to be addressed: (1) that the
CAMTC be replaced with a board or commission;
(2) that businesses that employ massage professionals be regulated and
local governments be allowed to apply reasonable regulations to
massage businesses; and (3) local governments be authorized to
recoup their costs of protecting the public. The League believes
that this bill addresses all of the concerns raised by the League.
As stated by the League, "More importantly the bill returns land use
control back to the cities and counties as well as explicitly
authorizes local governments to adopt ordinances to require massage
establishments to comply with reasonable health and safety
requirements and abide by hours of operation. While AB 1147 does
not replace CAMTC with a board or commission, it does reconstitute
the CAMTC's board and adds public members as well as a position for
a police chief. Finally, the bill would authorize jurisdictions to
collect regulatory fees in accordance to Proposition 26 as well as
pay business license taxes."
The Los Angeles County Division of the League of Cities representing
86 cities, the Redwood Empire Division of the League of Cities , the
Ventura Council of Governments , the San Diego County Division of the
League of Cities , South Bay Cities Council of Governments , North
County Lifeline and many other individual cities and counties and
law enforcement are also in support for same reasons as stated
above. Most also complain that under the current law pertaining to
massage therapy they have experienced a substantial increase in the
number of massage establishments and that these establishment are
using the law to avoid oversight and regulation by local cities to
operate illicit massage businesses. They indicate that by giving
cities back local land use control and allowing them to enact
ordinances that would require a massage establishment to obtain a
license, permit or other authorization as long as the license,
permit or other authorization is required of any other individual or
business providing professional services, will allow governments to
prevent the proliferation of establishments operating under the
auspices of massage therapy from engaging in prostitution, human
trafficking and other illegal activities, and will advance police
efforts to close down these illicit establishments.
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The City of Pasadena is in support but does ask for some clarification
of language regarding the use of the term, "professional services,"
as defined. They are concerned that the cities may want to adopt
permitting schemes that apply to just massage establishments but
that they would not necessarily apply to other professional
businesses.
The American Massage Therapy Association, California Chapter (AMTA-CA)
is in support of this measure. They specifically support setting a
higher bar to become certified by requiring 500 hours of education
from approved schools, passage of a national exam and strengthening
the unprofessional conduct rules as required by this bill. AMTA-CA
indicates that while they have serious concerns with giving
regulatory authority of all massage establishment back to the
cities, they are optimistic the protections for massage therapists
in the bill will be sufficient to ensure there is incentive for
massage therapists to meet the higher standards to become certified
and be protected from onerous adult entertainment type ordinance
applied in prior years.
AMTA-CA notes that additional amendments are required to clarify that
sole providers of massage are not charged additional establishment
fees since the majority of AMTA-CA members are sole provider
businesses. As stated by AMTA-CA, "The exorbitant fees charged by
cities limits small businesses, drives them underground, forces them
to work for large chains or spas [and] limit access to independent
specialists. Cities have charged fees as high as $18,000 for
conditional use permits, required many establishment inspections and
charged fees for each visit, charged annual fees of $800 or more.
These fees prohibit massage therapists from practicing their
profession independently." AMTA-CA would like have the sections of
the relating to sole providers strengthened in order to ensure that
certified massage therapists are protected from exorbitant fees used
by cities to in essence stop their practice and limit consumer
access.
8.Support if Amended. The Sacramento County Board of Supervisors
(SCBS) has expressed a "Support if Amended" position on this
measure. The SCBS are concerned about the removal of language which
stated as follows: "An owner or operator of a massage business or
establishment who is certified pursuant to this chapter [Act] shall
be responsible for the conduct of all employees or independent
contractors working on the premises of the business." The SCBS
indicates that they see no reason or rationale for weakening the
existing law and that without this language the bill is
significantly undercut because the new standard, ". . .if an owner
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or operator of the establishment knew or should have known of the
act," will make it nearly impossible for local governments to hold
owners and operators accountable for illicit behavior occurring on
the premises.
According to the Authors, however, this may not be entirely true.
Since the local authority for operating establishments has now been
placed under the cities and county's jurisdiction there appears to
be nothing that would prevent the city or county from placing
specific requirements on the owner or operator of an establishment
regarding its employees or independent contractors working on the
premises. The only requirement under CAMTC for operators will be
some education and training to receive certification from CAMTC. If
for any reason a city or county found that an operator was not
complying with its requirements the certification could be revoked.
Again, there would be no specific requirements placed on the owner
since this would be entirely under the city or county's
jurisdiction.
Massage California has a "Support if Amended" position on the bill and
indicates that if CAMTC is to continue that they have several strong
recommendations for amendments which include the following:
Replace the current CAMTC and its CEO.
All policies by CAMTC should be reviewed.
All schools that have been "un-approved" should be
re-evaluated and left to the Bureau of Private Postsecondary.
Unprofessional Conduct should be clearly defined.
Due process requirements for CAMTC need to be clarified.
Hours of operation for establishments should be within
reason.
Question the need for "registering" establishments
Should require immediate reporting by CAMTC.
Associated Bodywork & Massage Professionals has a "Support if
Amended" position on the bill and indicates that they have several
major concerns which include the following:
Board composition;
Clarification on the purpose of the "operator"
certification;
Clarification on how the legislature expects CAMTC to
approve schools;
Clarification on the "sole provider" status;
Concerns with the requested feasibility study in that it
may not be objective and that CAMTC will have a self-interest
in perpetuating it's role;
Setting the fee ceiling at $300; a cap of $175 pertaining
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to individual certifications would be more balanced.
1.Technical and Clarifying Authors Amendments. The Authors recommend
the following technical and clarifying amendments which will be
adopted by the Authors in Committee. Because of certain drafting
errors on the part of Legislative Counsel, or changes that were
unintended by the Authors, these amendments are necessary to
properly implement the Massage Therapy Act and to assure the
continued support of the League, cities and counties.
(1) On page 4, line 23, after "the" strike "board" and insert:
" agencies ".
(2) On page 4, line 24, after "Affairs" strike "or a
regulatory body established".
(3) On page 4, line 25, strike "pursuant to this code" and
insert: " or entity under the Business and Professions Code "
(4) On page 4, line 30, after "500)", insert: " or entity under
the Business and Professions Code "
(5) On page 4, line 38, strike (2), and insert: " (c) ", strike
"subdivision" and insert: " section ".
(6) On page 5, line 3, after "500)", insert: " or entity under
the Business and Professions Code or a person or group of
persons described in subdivision (a) "
(7) On page 7, line 16, after "employees", insert: " or
independent contractors "
(8) On page 7, strike lines 31-32.
(9) On page 7, line 35, after "applicant" strike "or
registration of an establishment"
(10) On page 14, line 29, after "certificate" strike "or
registration"
(11) On page 22, line 14, after "holder," strike "or
registered"
(12) On page 22, line 15, strike "establishment"
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(13) On page 23, after "4612." insert: " a city, county, or city
and county shall not enact an ordinance that conflicts with the
provisions of this chapter or section 51034 of the government
code "
(14) On page 23, strike lines 20-26 and strike lines 27-32.
(15) On page 24, strike lines 6-19.
(16) On page 25, strike lines 26-34.
(17) On page 31, line 28, strike "and registered
establishments"
(18) On page 32, line 26, after "doors" strike "when there is
only one individual working on the premises" and strike lines
"27-28".
(19) On page 32, line 26, after "doors" insert: " if the massage
establishment is a business entity owned by one individual with
one or no employees or independent contractors "
(20) On page 32, line 10, after "purpose" insert: " A city,
county, or city and county shall not enact an ordinance that
conflicts with the provisions of this section or chapter 10.5
of the Business and Professions Code "
(21) On page 32, line 32, after "devices" insert:
" (7) impose a requirement that a certificate holder take any
test, medical examination, or background check or comply with
education requirements beyond what is required by chapter 10.5
(commencing with Section 4600) of Division 2 of the Business
and Professions Code "
(8) Impose a requirement that an individual, other than a sole
proprietor, holding a certificate issued in accordance with
chapter 10.5 (commencing with Section 4600) of Division 2 of
the Business and Professions Code obtain any other license,
permit, certificate, or other authorization to provide massage
for compensation.
(9) Imposes a dress code requirement in excess of those
already required of certificate holders pursuant to paragraph
(9) of subdivision (a) of Section 4608 of the Business and
Professions Code.
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(10) Prohibit a certificate holder from performing massage for
compensation on the gluteal muscles, prohibits specific massage
techniques recognized by the California Massage Therapy Council
as legitimate, or impose any other specific restriction on
professional practice beyond those set forth in subparagraph
(E) of paragraph (1) of subdivision (a) of section 4608 of the
Business and Professions Code except as authorized by section
460 of the Business and Professions Code. "
SUPPORT AND OPPOSITION:
Support:
American Planning Association, California Chapter
Association for Los Angeles Deputy Sheriffs
California State Association of Counties
Concerned Women for America of California
Institute on Violence, Abuse and Trauma
Los Angeles Police Protective League
Riverside Sheriffs' Association
Soroptimist International of Vista, Human Trafficking Task Force
8 Individuals (Massage Therapists)
Support from Cities and Counties :
City of Alhambra
City of Arcadia
City of Beaumont
City of Benicia
City of Blue Lake
City of Brea
City of Burbank
City of Camarillo
City of Cerritos
City of Chowchilla
City of Claremont
City of Clayton
City of Colton
City of Del Mar
City of Downey
City of Duarte
City of Encinitas
City of Escondido
City of Eureka
City of Fontana
City of Fountain Valley
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City of Glendale
City of Glendora
City of La Mirada
City of Lomita
City of Long Beach
City of Mission Viejo
City of Modesto
City of Moorpark
City of National City
City of Norwalk
City of Oceanside, North County Lifeline
City of Ontario
City of Palm Desert
City of Pasadena
City of Poway
City of Rancho Cucamonga
City of Rosemead
City of Roseville
City of Sacramento
City of San Carlos
City of San Francisco
City of San Gabriel
City of San Jose
City of San Leandro
City of San Luis Obispo
City of San Marino
City of San Rafael
City of Santa Clarita
City of Scotts Valley
City of Selma
City of Signal Hill
City of Simi Valley
City of Sonoma
City of South El Monte
City of South Pasadena
City of Sunnyvale
City of Thousand Oaks
City of Torrance
City of Union
City of Ventura
City of Vista
City of Whittier
City of West Hollywood
County of Sacramento
County of San Francisco
County of Sonoma
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League of California Cities
Los Angeles County Division of the League of California Cities
Los Angeles County Sheriff's Department
Redwood Empire Division of the League of California Cities
San Diego County Division of the league of California Cities
San Diego South Bay Cities Council of Governments
Ventura Council of Governments
Support if Amended :
Associated Bodywork & Massage
Massage California
Sacramento County Board of Supervisors
Opposition:
None on file as of June 18, 2014.
Consultant:Bill Gage