BILL ANALYSIS �
AB 1147
Page 1
Date of Hearing: August 28, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1147 (Bonilla) - As Amended: August 22, 2014
Policy Committee: Business and
Professions Vote: 12-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill establishes the Massage Therapy Act, substantially
revising existing law regulating certified massage therapy
professionals. Specifically, this bill:
1)Deletes the preemption of local massage-related ordinances as
they relate to land use.
2)Provides a two-year extension of the sunset date of the
California Massage Therapy Council (CAMTC).
3)Repeals and reconstitutes CAMTC's board of directors.
4)Increases educational standards for certified massage
professionals.
5)Creates new protections for consumers of massage services.
6)Requires the Board to establish fees reasonably related to the
cost of providing services and carrying out its ongoing
responsibilities and duties, and limits certification and
renewal fees to a maximum of $300.
FISCAL EFFECT
Negligible state fiscal effect. Massage therapy is currently
regulated by the CAMTC, a private nonprofit public benefit
corporation created through legislation. The CAMTC is
fee-supported but is not financed through state funds.
AB 1147
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COMMENTS
1)Purpose . This bill substantially revises California's existing
massage therapy law, incorporating changes recommended as a
result of the 2014 sunset review process. AB 1147 revises,
recasts, and updates multiple provisions of current law to
give local governments greater authority to regulate massage
establishments and businesses while creating a more robust
statewide regulatory system for massage professionals. The
bill is author-sponsored.
2)Background . SB 731 (Oropeza), Chapter 384, Statutes of 2008,
established a system for the voluntary statewide certification
of massage professionals by a Massage Therapy Organization,
which was renamed CAMTC in 2011. The goal of establishing this
regulatory scheme was to standardize the process for
certification throughout the state. Certification allows
massage professionals to work without the need for duplicative
local certifications. CAMTC is led by a volunteer Board
comprised of professionals from California's massage
community, including massage associations, schools, and
businesses. CAMTC's authority in statute is set to expire on
January 1, 2015 unless that authority is extended by
legislative action.
3)Sunset Review . In March and April of 2014, the Assembly
Business, Professions and Consumer Protection Committee and
the Senate Business, Professions and Economic Development
Committee conducted joint oversight hearings to review nine
regulatory entities, including CAMTC. The committees began
their review of these entities over three days of public
hearings in March. The sunset review process itself provides a
formal opportunity and mechanism for the Department of
Consumer Affairs, the Legislature, the boards and bureaus,
regulatory entities, interested parties and other stakeholders
to discuss the performance of a board or bureau, and make
recommendations for improvement. This is typically performed
on a standard four-year cycle, unless it is determined by the
Legislature that the entity be reviewed sooner to address any
outstanding issues. This bill, like other sunset bills, is
intended to implement the legislative changes recommended in
the background reports authored by the Senate and Assembly
committees.
4)Support and Opposition . This bill is supported by a broad
AB 1147
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range of stakeholders, including local governments, local
police and sheriff's departments and statewide associations,
and the American Massage Therapy Association, California
Chapter which represents massage therapists.
Some individuals have written in opposition to a specific
provision clarifying that CAMTC has authority to charge a
regulatory fee to schools to support their school approval
activities.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081