BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1904
                                                                  Page  1


          AS ASSEMBLY THIRD READING
          AB 1904 (Bonilla)
          As Introduced  February 19, 2014
          Majority vote 

           BUSINESS & PROFESSIONS       14-0                               
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonilla, Jones,           |     |                          |
          |     |Bocanegra, Campos,        |     |                          |
          |     |Dickinson, Eggman,        |     |                          |
          |     |Gordon, Hagman, Holden,   |     |                          |
          |     |Maienschein, Mullin,      |     |                          |
          |     |Skinner, Ting, Wilk       |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires a certified massage therapist or certified  
          massage practitioner to notify the California Massage Therapy  
          Council (Council) of his or her primary e-mail address, if any,  
          and notify the Council within 30 days of any change to the  
          primary e-mail address.  Specifically,  this bill  :  

          1)Requires a certificate holder to notify the Council of his or  
            her primary e-mail address, if any, and further notify the  
            Council within 30 days of any change to the primary e-mail  
            address. 

          2)Makes two additional technical and clarifying changes. 

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :   

          1)In order for the Council to communicate more quickly and  
            economically with the professionals it regulates, this bill  
            requires certificate holders to provide the Council with an  
            e-mail address, if any, and update the Council if the e-mail  
            address changes within 30 days.  This bill is author  
            sponsored.  

          2)According to the author, "This bill is one small step in a  
            long process to reform the current regulatory system for  
            massage professionals in California.  Given the recent  








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            concerns raised by local governments and local law enforcement  
            entities that a growing number of massage businesses are  
            engaged in illegal activity, this bill simply requires  
            certificate holders to provide their e-mail addresses, if any,  
            to the Council so that it can communicate with them more  
            quickly and at a lower cost."   
           
          3)SB 731 (Oropeza), Chapter 384, Statutes of 2008, established a  
            system of voluntary statewide certification of massage  
            therapists by the Massage Therapy Organization, which was  
            renamed the California Massage Therapy Council in 2011.  The  
            goal of the Council is to standardize the process of  
            certification throughout the state.  The certifications it  
            provides allow massage professionals to work in multiple  
            California locations without the need for duplicative local  
            certifications.  The Council is led by a volunteer Board of  
            Directors comprised of professionals from California's massage  
            community, including massage associations, schools, and  
            businesses.  The Council's authority in statute is set to  
            expire on January 1, 2015, unless extended by legislative  
            action.    
             
          4)The sunset review process provides a formal mechanism for the  
            Legislature, Department of Consumer Affairs, the individual  
            regulatory entities, and other stakeholders to raise issues  
            and make recommendations for improvements to the various  
            consumer protection boards and bureaus.  This is performed on  
            a standard four-year cycle and was mandated by SB 2036  
            (McCorquodale), Chapter 908, Statutes of 1994.  The  
            legislation pertaining to this bill was based on specific  
            issues raised and addressed in the reports released by the  
            Assembly Business, Professions and Consumer Protection  
            Committee.  

          In March 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 regulatory boards and other  
            entities, including the Council.  While many issues were  
            raised as to how California's existing massage therapy  
            regulations should be reformed, this bill simply enacts one  
            reform among the many raised in the sunset hearings. 

          5)Massage California writes in opposition, "While we believe  








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            that it would be in the best interest of massage therapists to  
            keep a current e-mail on file with the [Council], to require  
            it would eliminate an option for applicants and certified  
            professionals to select how they wish to be contacted, as they  
            have in virtually every state agency, for-profit company and  
            nonprofit organization."


           Analysis Prepared by  :    Elissa Silva / B., P. & C.P. / (916)  
          319-3301 


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