AB 2194: California Massage Therapy Council: business of massage.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-21
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law states the intent of the Legislature regarding that act. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law prohibits a certificate from being denied and a holder of a certificate from being disciplined except according to specified procedures and authorizes a court to find that other procedures are fair and reasonable when the full circumstances of the denial or discipline are considered. Existing law authorizes an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction if challenged within one year after the effective date of the denial or discipline. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would revise the intent of the Legislature, as specified. The bill would require local governments to impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers. The bill would extend the operation of these provisions to January 1, 2021, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification.
This bill would provide that a procedure meets the requirements for fair procedure if certain procedures are followed. The bill would authorize a final decision to deny or impose discipline to be based solely on a written statement or declaration made under penalty of perjury, as specified. By expanding the crime of perjury this bill would impose a state-mandated local program.
This bill would authorize an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction within 90 days after the effective date of the decision. The bill would provide that a certificate issued under that act is not a fundamental vested right and would require judicial review of a denial or disciplinary decision by the council to be conducted using the substantial evidence standard of review. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or a county for unincorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would prohibit a city, county, or city and county from requiring a massage establishment to have a shower or bath and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law states the intent of the Legislature regarding that act. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law prohibits a certificate from being denied and a holder of a certificate from being disciplined except according to specified procedures and authorizes a court to find that other procedures are fair and reasonable when the full circumstances of the denial or discipline are considered. Existing law authorizes an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction if challenged within one year after the effective date of the denial or discipline. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would revise the intent of the Legislature, as specified. The bill would require local governments to impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers. The bill would extend the operation of these provisions to January 1, 2021, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification.
This bill would provide that a procedure meets the requirements for fair procedure if certain procedures are followed. The bill would authorize a final decision to deny or impose discipline to be based solely on a written statement or declaration made under penalty of perjury, as specified. By expanding the crime of perjury this bill would impose a state-mandated local program.
This bill would authorize an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction within 90 days after the effective date of the decision. The bill would provide that a certificate issued under that act is not a fundamental vested right and would require judicial review of a denial or disciplinary decision by the council to be conducted using the substantial evidence standard of review. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or a county for unincorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would prohibit a city, county, or city and county from requiring a massage establishment to have a shower or bath and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law states the intent of the Legislature regarding that act. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law prohibits a certificate from being denied and a holder of a certificate from being disciplined except according to specified procedures and authorizes a court to find that other procedures are fair and reasonable when the full circumstances of the denial or discipline are considered. Existing law authorizes an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction if challenged within one year after the effective date of the denial or discipline. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would revise the intent of the Legislature, as specified. The bill would require local governments to impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers. The bill would extend the operation of these provisions to January 1, 2021, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification. The
This bill would provide that a procedure meets the requirements for fair procedure if certain procedures are followed. The bill would authorize a final decision to deny or impose discipline to be based solely on a written statement or declaration made under penalty of perjury, as specified. By expanding the crime of perjury this bill would impose a state-mandated local program.
This bill would authorize an applicant or certificate holder to challenge a denial or discipline decision in a court of competent jurisdiction within 90 days after the effective date of the decision. The bill would provide that a certificate issued under that act is not a fundamental vested right and would require judicial review of a denial or disciplinary decision by the council to be conducted using the substantial evidence standard of review. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or a county for unincorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would prohibit a city, county, or city and county from requiring a massage establishment to have a shower or bath and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would extend the operation of these provisions to January 1, 2020, 2021, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or a county for unincorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would prohibit a city, county, or city and county from requiring a massage establishment to have a shower or bath and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would extend the operation of these provisions to January 1, 2020, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or a county for incorporated unincorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would specify that internal physical structures includes showers prohibit a city, county, or city and county from requiring a massage establishment to have a shower or bath and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. Existing law authorizes the council to discipline an owner or operator of a massage business or establishment who is certified for the conduct of all individuals providing massage for compensation on the business premises. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension. By June 1, 2016, existing law requires the council to provide a report to the appropriate policy committees of the Legislature that includes specified information.
This bill would extend the operation of these provisions until to January 1, 2019, 2020, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would also authorize the council to discipline an owner or operator of a massage business or establishment under those circumstances if the owner or operator is an applicant for certification. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension. The bill would instead require that report to be submitted by January 1, 2017.
Existing law authorizes the legislative body of a city or county for incorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county. Existing law authorizes that ordinance to condition the issuance of a license to engage in the business of massage upon proof that a massage business meets specified reasonable standards set by the ordinance. Existing law prohibits a city, county, or city and county from requiring a massage establishment to have specified internal physical structures, including windows, and requiring a person certified under the Massage Therapy Act to undergo a background check beyond what is required by the Massage Therapy Act.
This bill would specify that internal physical structures includes showers and would also specify that a background check includes a criminal background check or requiring submission of fingerprints for a federal or state criminal background check.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms. That act requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder if the council receives notice that a certificate holder has been arrested and charges have been filed alleging a violation of certain provisions of law and requires the council to notify an establishment or employer of the suspension by email within 10 business days. That act authorizes the council, if it determines that a certificate holder has committed an act punishable as a sexually related crime, to immediately suspend the certificate of that certificate holder, and provides that the certificate holder has the right to request a hearing to challenge the suspension.
This bill would extend the operation of these provisions until January 1, 2019, and make nonsubstantive changes to delete obsolete provisions related to the interim board. The bill would additionally authorize the council to notify an establishment or employer of the suspension of a certificate by first-class mail, and would authorize a certificate holder whose certificate is suspended to request an oral hearing or consideration of a written statement to challenge the suspension.
The Massage Therapy Act, until January 1, 2017, provides for certification of massage practitioners and massage therapists by the California Massage Therapy Council. Existing law also provides for the council to be governed by an interim board of directors until September 15, 2015, and for the appointment of a new board of directors having 4-year terms.
This bill would extend the operation of these provisions until January 1, 2019, and make nonsubstantive changes to delete obsolete provisions related to the interim board.
The Physician Assistant Practice Act provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017.
This bill would extend those provisions until January 1, 2021.
The Physician Assistant Practice Act provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017.
This bill would extend those provisions until January 1, 2021.
(a)It is the intent of the Legislature that this act enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, 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)It is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests 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. Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations.
(c)It is the intent of the Legislature 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, to collaborate in the implementation of this act, and 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.
SEC. 2.Section 4602 of the Business and Professions Code is amended to read:4602.(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 3.Section 4603.1 is added to the Business and Professions Code, to read:4603.1.Local governments shall impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers.
SEC. 4.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 5.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 6.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (e) is fair and reasonable.
(e)A procedure is fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within 90 days after the effective date of the denial or discipline. Certification issued pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 7.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 8.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 9.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a clients reasonable expectation of privacy.
(4)Require a massage establishment to have a shower or bath.
(5)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(6)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(7)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(8)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal 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.
(9)Impose a requirement that an individual 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(10)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(11)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)It is the intent of the Legislature that this act enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, 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)It is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests 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. Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations.
(c)It is the intent of the Legislature 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, to collaborate in the implementation of this act, and 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.
SEC. 2.Section 4602 of the Business and Professions Code is amended to read:4602.(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 3.Section 4603.1 is added to the Business and Professions Code, to read:4603.1.Local governments shall impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers.
SEC. 4.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 5.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 6.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (e) is fair and reasonable.
(e)A procedure is fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within 90 days after the effective date of the denial or discipline. Certification issued pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 7.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 8.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 9.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a clients reasonable expectation of privacy.
(4)Require a massage establishment to have a shower or bath.
(5)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(6)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(7)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(8)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal 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.
(9)Impose a requirement that an individual 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(10)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(11)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)It is the intent of the Legislature that this act enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, 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)It is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests 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. Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations.
(c)It is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period after this act becomes law and thereafter for the sake of developing a healthy and vibrant local economy.
(d)
(c)It is the intent of the Legislature 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, to collaborate in the implementation of this act, and 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.
SECTION 1.SEC. 2.Section 4602 of the Business and Professions Code is amended to read:4602.(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 3.Section 4603.1 is added to the Business and Professions Code, to read:4603.1.Local governments shall impose and enforce only reasonable and necessary fees and regulations on massage businesses and massage establishments, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers.
SEC. 2.SEC. 4.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 3.SEC. 5.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 4.SEC. 6.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (f) (e) 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. reasonable.
(e)A procedure is fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline, discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within one year 90 days after the effective date of the denial or discipline. Certification issued pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 5.SEC. 7.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 6.SEC. 8.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 7.SEC. 9.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a clients reasonable expectation of privacy.
(4)Require a massage establishment to have a shower or bath.
(5)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(6)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(7)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(8)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal 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.
(9)Impose a requirement that an individual 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(10)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(11)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 2.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 3.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 4.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (f) 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.
(e)A procedure is fair and reasonable if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the denial or discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 5.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 6.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2020, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, 2021, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a clients reasonable expectation of privacy.
(4)Require a massage establishment to have a shower or bath.
(5)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(6)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(7)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(8)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including, but not limited to, including a criminal background check or requiring submission of fingerprints for a federal or state criminal 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.
(9)Impose a requirement that an individual 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(10)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(11)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 2.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 3.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 4.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (f) 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.
(e)A procedure is fair and reasonable if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the denial or discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 5.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 6.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows or showers, windows, that interfere with a clients reasonable expectation of privacy.
(4)Require a massage establishment to have a shower or bath.
(4)
(5)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(5)
(6)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(6)
(7)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(7)
(8)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including, but not limited to, a criminal background check or requiring submission of fingerprints for a federal or state criminal 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)
(9)Impose a requirement that an individual 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(9)
(10)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(10)
(11)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 2.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 3.Section 4607 of the Business and Professions Code is amended to read:4607.The council may discipline an owner or operator of a massage business or establishment who is certified pursuant to this chapter or is an applicant for certification pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
SEC. 3.SEC. 4.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (f) 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.
(e)A procedure is fair and reasonable if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the denial or discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 5.Section 4620 of the Business and Professions Code is amended to read:4620.(a)On or before June 1, 2016, January 1, 2017, for the time period beginning on January 1, 2015, the council shall provide a report to the appropriate policy committees of the Legislature that includes all of the following:
(1)A feasibility study of licensure for the massage profession, including a proposed scope of practice, legitimate techniques of massage, and related statutory recommendations.
(2)The councils compensation guidelines and current salary levels.
(3)The status of the councils progress towards revising the school approval process.
(4)Performance metrics, including, but not limited to:
(A)The annual number of denied certificate applications, and a brief description of the grounds for each decision.
(B)The annual number of suspended, revoked, or otherwise disciplined certificates, and a brief description of the grounds for each decision.
(C)The number of certificates taken off suspension, and a brief description of the grounds for each decision.
(D)The number of schools inspected and unapproved and a brief description of the grounds for each decision to unapprove.
(E)The total number of complaints about certificate holders received annually, including a subtotal of complaints received from local law enforcement and the action taken by the council as a result of those complaints.
(b)The council shall testify in person if requested by the appropriate policy committees of the Legislature.
(c)This section shall be repealed on January 1, 2021.
SEC. 4.SEC. 6.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2019, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, 2020, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 51034 of the Government Code is amended to read:51034.(a)The Legislature in enacting this chapter 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.
(b)Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code.
(c)Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following:
(1)Prohibit a person of one sex from engaging in the massage of a person of the other sex.
(2)Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment.
(3)Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, windows or showers, that interfere with a clients reasonable expectation of privacy.
(4)Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing.
(5)Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors.
(6)Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices.
(7)Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check check, including, but not limited to, a criminal background check or requiring submission of fingerprints for a federal or state criminal 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 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. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
(9)Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code.
(10)Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit 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 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code.
(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)The council shall be governed by a board of directors comprised of 13 members who shall be chosen in the following manner:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)Board member terms shall be for four years.
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (i).
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 2.Section 4604 of the Business and Professions Code is amended to read:4604.(a)In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1)The applicant is 18 years of age or older.
(2)The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A)Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B)All of the 500 hours shall be from schools approved by the council. approved schools.
(3)The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4)The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5)All fees required by the council have been paid.
(6)The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b)A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
SEC. 3.Section 4610 of the Business and Professions Code is amended to read:4610.(a)An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
(b)The council may discipline a certificate holder by any, or a combination, of the following methods:
(1)Placing the certificate holder on probation, which may include limitations or conditions on practice.
(2)Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to exceed one year.
(3)Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(4)Revoking the certificate.
(5)Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
(c)The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
(d)Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (f) 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.
(e)A procedure is fair and reasonable if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
(1)Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements.
(2)The provisions of the procedure are publicly available on the councils Internet Web site.
(3)The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
(4)The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.
(f) (1)Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
(A)Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
(B)Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the councils records, within 10 business days.
(C)Provide notification of the suspension by email or first-class mail to any establishment or employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
(2)Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the councils mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
(3)Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(g) (1)Notwithstanding any other law, if the council determines 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 council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
(A)Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
(B)Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or employer, that the certificate has been suspended within 10 business days.
(2)A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, a an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests a an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
(3)If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
(h)Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the councils records.
(i)An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the denial or discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(j)This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
SEC. 2.SEC. 4.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
(a)The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b)The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
(c)The council may 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 council activities.
(d)The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
(e)The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that he or she is entitled to certification.
(f)Until September 15, 2015, the The council shall be governed by a board of directors comprised of two representatives selected by each professional society, association, or other entity, which membership is comprised of massage therapists and that chooses to participate 13 members who shall be chosen in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals for the last three years and shall have bylaws that require its members to comply with a code of ethics. The board of directors shall also include each of the following persons: manner:
(1)One member selected by each statewide association of private postsecondary schools incorporated on or before January 1, 2010, which member schools have together had at least 1,000 graduates in each of the previous three years from massage therapy programs that meet the approval standards set forth in subdivision (a) of Section 4601, unless a qualifying association chooses not to exercise this right of selection.
(2)One member selected by the League of California Cities, unless that entity chooses not to exercise this right of selection.
(3)One member selected by the California State Association of Counties, unless that entity chooses not to exercise this right of selection.
(4)One member selected by the Director of Consumer Affairs, unless that entity chooses not to exercise this right of selection.
(5)One member appointed by the Office of the Chancellor of the California Community Colleges, unless that entity chooses not to exercise this right of selection. The person appointed, if any, shall not be part of any massage therapy certificate or degree program.
(6)The councils bylaws shall establish a process for appointing other professional directors to the council who have knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(g)At 12 p.m. Pacific standard time on September 15, 2015, the term of each member of the board of directors established pursuant to subdivision (f) shall terminate, and the terms of 13 new members of the board of directors who shall be chosen in the following manner, shall begin:
(1)One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
(2)One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
(3)One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
(4)One member shall be a representative of an anti-human trafficking organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
(5)One member shall be appointed by the Office of the Chancellor of the California Community Colleges, unless that office chooses not to exercise this right to appoint.
(6)One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
(7)One member shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
(8)One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
(9)One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
(10)(A)One member 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 council. 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.
(B)If there is more than one professional society, association, or other entity that meets the requirements of subparagraph (A), 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.
(11)The members appointed to the board in accordance with paragraphs (1) to (10), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the boards 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. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
(h)
(g)Board member terms shall be for four years.
(i)
(h)The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
(j)
(i)The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act.
(k)
(j)Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days notice of the meeting, including posting a notice on the councils Internet Web site 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 necessary. However, the board shall not waive the requirements of subdivision (j). (i).
(l)
(k)If the board approves an increase in the certification fees, the council shall update all relevant areas of its Internet Web site and notify all certificate holders and affected applicants by email within 14 days of the boards action.
SEC. 2.Section 4621 of the Business and Professions Code is amended to read:4621.(a)This chapter shall remain in effect only until January 1, 2017, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, 2019, deletes or extends that date.
(b)Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
SECTION 1.Section 3504 of the Business and Professions Code is amended to read:3504.There is established a Physician Assistant Board within the jurisdiction of the Medical Board of California. The board consists of nine members. This section shall remain in effect only until January 1, 2021 and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 3512 of the Business and Professions Code is amended to read:3512.(a)Except as provided in Sections 159.5 and 2020, the board shall employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of this chapter including an executive officer who shall be exempt from civil service. The Medical Board of California and board shall make all necessary expenditures to carry out the provisions of this chapter from the funds established by Section 3520. The board may accept contributions to effect the purposes of this chapter.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
There is established a Physician Assistant Board within the jurisdiction of the Medical Board of California. The board consists of nine members. This section shall remain in effect only until January 1, 2017, 2021 and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 3512 of the Business and Professions Code is amended to read:3512.(a)Except as provided in Sections 159.5 and 2020, the board shall employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of this chapter including an executive officer who shall be exempt from civil service. The Medical Board of California and board shall make all necessary expenditures to carry out the provisions of this chapter from the funds established by Section 3520. The board may accept contributions to effect the purposes of this chapter.
(b)This section shall remain in effect only until January 1, 2017, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. repealed.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Referred to Com. on B., P. & E.D. |
| Sep 9, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 31, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 30, 2016 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 25, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5415.). |
| Aug 25, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 11, 2016 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Aug 8, 2016 | Referred to APPR. suspense file. |
| Aug 1, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 30, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 27). |
| Jun 20, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Feb 18, 2016 | Read first time. To print. |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4685.) |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 5, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 28, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 27, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 19. Noes 0.) (April 27). |
| Apr 20, 2016 | Re-referred to Com. on APPR. |
| Apr 19, 2016 | Read second time and amended. |
| Apr 18, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 12). |
| Apr 6, 2016 | Re-referred to Com. on B. & P. |
| Apr 5, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 3, 2016 | Referred to Com. on B. & P. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2016 | AB 2194 SALAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 25, 2016 | Assembly 3rd Reading AB2194 Salas By Hill | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 8, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 5, 2016 | AB 2194 SALAS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 27, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 65 Individual Members of AMTA-CA | ** Support | Jun 27, 2016 |
| American Massage Therapy Association, California Chapter | * Support | Jun 27, 2016 |
| California Chapter of the American Massage Therapy Association | ** Support | Aug 25, 2016 |
| California Massage Therapy Council | * Support | Jun 27, 2016 |
| League Of California Cities | * Support | Jun 27, 2016 |
| Numerous Individual Certified Massage Therapists | ** Support | Aug 25, 2016 |
| Orange County | * Support | Jun 27, 2016 |
| Oxygen Massage Therapy | * Support | Jun 27, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2194
Author:(Salas)
As Amended Ver:August 19, 2016
Majority vote
ASSEMBLY: | 79-0 | (May 5, 2016) | SENATE: | 39-0 | (August 25, 2016) |
Original Committee Reference: B. & P.
SUMMARY: Extends the sunset date for the California Massage Therapy Counsel (CAMTC) by four years; clarifies the enforcement authority of the CAMTC, as specified; prohibits a city or county from requiring a massage establishment to have a shower or bath; codifies intent language requiring local governments to impose only reasonable and necessary fees, and makes other technical and clarifying changes.
The Senate amendments:
- Extend the sunset date of the CAMTC by four years, instead of two, until 2021.
- Extend the requirement for a report that is to be provided to the Legislature which includes a feasibility study, as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders, to January 1, 2017.
- Clarify that a city, county, or city and county shall not require of a person who is certified pursuant to the Act, to have to submit to another background check, including, a criminal background check, or require submission of fingerprints for a federal or state criminal background check.
- Prohibit a city, county, or city and country from requiring a massage establishment to have a shower or bath.
- Codify existing intent language requiring the fees imposed on massage businesses and establishments by local governments be reasonable and necessary.
- Provide that a procedure meets the requirements for fair procedure if specified procedures are followed, and authorizes a final decision to deny or impose discipline to be based solely on a written statement or declaration made under penalty of perjury, as specified.
- Allow an applicant to challenge a denial or discipline decision within 90 days instead of one year, as specified.
- Make other technical and clarifying changes.
- Add intent language for local governments to give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage businesses for specific violations.
FISCAL EFFECT: According to the Senate Appropriations Committee,
- There is no fiscal impact to the state from the extension of the operation of the California Massage Therapy Council. The Council is a state-authorized non-profit organization and is not part of state government. The state does not provide any funding to the Council, which is funded by fees assessed on applicants for certification.
- Ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the Council (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, the Council has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the Federal Bureau of Investigation (FBI) and to the entity that collects the applicant's fingerprint.)
COMMENTS:
Purpose. Unless legislation is carried this year to extend the sunset date for the CAMTC, it will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised about the CAMTC in the Business and Professions Committee staff Background Paper and during its subsequent sunset review hearing.
CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731(Oropeza), Chapter 384, Statutes of 2008. Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman) Chapter 162, Statutes of 2011.
Unlike other practice acts in the Business and Professions Code (BPC), the Massage Therapy Act is administered by a private nonprofit organization, not an agency under the Department of Consumer Affairs (DCA). The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in BPC Section 4602. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in BPC Section 4600 et seq.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. Government Code (GC) Section 51034 provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA, and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year.
In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla) Chapter 406, Statutes of 2014, made numerous changes to the Massage Therapy Act. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 6) return of local control; and established a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC's last sunset review was intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
Unlike other practice acts in the BPC, the Act is administered by a private nonprofit organization, not an agency under the DCA. The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in the Act. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in the Act.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. GC Section 51034 provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances. This bill codifies existing intent language to require local governments to impose and enforce only reasonable and necessary fees and regulations on massage establishments, as specified. In addition, this bill adds intent language to encourage local governments to establish a registration program that grants local governments the ability to either suspend or revoke a massage business establishment registration.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate. This bill adds onto the CAMTC's existing enforcement authority clarifying that a procedure meets the requirements for fair procedure if specified procedures are followed, and authorizes a final decision to deny or impose discipline to be based solely on a written statement or declaration made under penalty of perjury, as specified. In addition, this bill requires an applicant or certificate holder to challenge a denial or disciplinary decision within 90 days instead of one year, as specified.
The CAMTC identified several issues in need of technical clarification in its 2015 Sunset Review Report, including the three referenced below:
BPC Section 4601(a) defines an "approved school" or an "approved massage school" as a school that is approved by the council that meets minimum standards for training and curriculum in massage and related subjects, and that is additionally approved by a specified list of accrediting bodies. As a result of AB 1147, BPC Section 4604(a)(2)(B) specifies that in order to obtain certification, all 500 hours of education must be from schools "approved by the council." As noted in the CAMTC's 2015 Sunset Review Report, because the CAMTC is not the only entity responsible for school-approval, it requests to replace "schools approved by the council" with an "approved school" for consistency with the definition of an "approved school" as defined in BPC Section 4601(a).
Prior to AB 1147, there was a provision in the Massage Therapy Act which required the CAMTC to notify the employers of certificate holders that were suspended based on an arrest with charges filed for Penal Code 647(b) (prostitution), or an act punishable as a sexually-related crime, at the last address filed with the CAMTC. BPC Section 4610(f)(1)(C) changed this provision to limit the notification of employers to an email-only notification. As reported by the CAMTC, often times applicants fail to provide the CAMTC with an email address for the vast majority of businesses (even though one is requested), and an email message may easily be ignored. The CAMTC requests to revise current law to allow for the specified notification to employers to be completed via email or first-class mail.
BPC Section 4610(e)(4) specifies that when the CAMTC is proposing to deny an application or impose discipline on a certificate holder, the disciplinary procedure is fair and reasonable if specified conditions are followed, including "an opportunity for the applicant or certificate holder, to be heard, orally or in writing." However, BPC Section 4610(g)(2), a provision allowing for suspension based on evidence, does not specify that a certificate holder has the opportunity to be heard "orally or in writing." The CAMTC reported that although the CAMTC interprets this provision to provide for an oral hearing or consideration of a written statement, clarification of this provision might better inform certificate holders of their options in appealing a disciplinary matter.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0004945
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2194
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Hernandez, Jackson, Mendoza, Wieckowski
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote
DIGEST: This bill extends the sunset date for the California Massage Therapy Council (CAMTC) by four years and makes other technical and clarifying changes.
Senate Floor Amendments of 8/19/16 include intent language that suggests that local governments give strong consideration to establishing a registration program that gives them the authority to either suspend or revoke the registration of massage businesses for specific violations; change legislative intent language to directive (statutory) language regarding the requirement that local governments only impose and enforce reasonable and necessary fees and regulations on massage businesses; and clarify that the denial or discipline procedures of CAMTC, including final decisions which can be taken based on declarations made under penalty of perjury and specifies the standard for judicial review.
- Establishes Massage Therapy Act (Act) and the CAMTC which is responsible for the administration of the voluntary certification program for certified massage therapists. (Business and Professions Code (BPC) § 4600 et seq.)
- States that it is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations in keeping with the requirements of existing laws and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period and after for the sake of developing a healthy and vibrant local economy. (BPC § 4600(c))
- States that it is the intent of the Legislature that local government, law enforcement, CAMTC and the massage industry and massage professionals work together to improve communications and in a collaborative effort and to develop model local ordinances reflecting the best practices in massage regulation by cities and counties that will respect local control, patient privacy and the dignity of the profession of massage therapy. (BPC § 4600(d))
- Defines “massage” as the scientific manipulation of the soft tissues. (BPC § 4601(e))
- Define a “sole provider” as a massage business where the owner owns 100% of the business, is the only person who provides massage for compensation for that business pursuant to a valid and active certificate and has no other employees or independent contractors. (BPC § 4601(i))
- Defines an “approved school” or “approved massage school” as a school that meets minimum standards for training and curriculum in massage and related subjects, that meets other specified requirements and has not otherwise been unapproved by the CAMTC. (BPC § 4601(a))
- Authorizes the CAMTC to take any reasonable actions necessary to carry out the responsibilities and duties under the Act, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws. (BPC § 4602(b))
- Specifies that on September 15, 2015, the CAMTC will be reconstituted and is to be governed by a board of directors comprised of 13 members, appointed by various stakeholders or the CAMTC including the League of Cities, Police Chiefs Association, State Association of Counties, representative from anti-human trafficking organization, California Community Colleges, Department of Consumer Affairs (DCA), Association of Private Postsecondary Schools, Massage Therapy Association, public health official, certified massage therapist and three additional members, as specified. (BPC § 4602(g))
- States that the meetings of the CAMTC are subject to the rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as specified, and authorizes the CAMTC to adopt additional policies and procedures that provide greater
transparency to certificate holders and the public than required by the Bagley-Keene. (BPC § 4602(j)) - Provides that in order for a massage therapist to obtain certification that they must submit an application and provide CAMTC with satisfactory evidence that he or she is 18 years of age or older, has successfully completed 500 hours of instruction in massage and related subjects as specified, the applicant has passed a competency assessment examination that is approved by CAMTC, the applicant has successfully passed a background investigation as required and has not violated any provisions of the Act. (BPC § 4604)
- Authorizes the CAMTC to discipline an owner or operator of a certified massage business or establishment who is certified by the CAMTC for the conduct of all individuals providing massage for compensation. (BPC § 4607)
- Provides that the CAMTC may deny an application for a certificate or impose discipline on a certificate holder or revoke the certificate for the commission of any of the acts, as specified, including, but not limited to, unprofessional conduct, failure to disclose all information requested on an application, committing a fraudulent, dishonest or corrupt act, being convicted of felony, misdemeanor, etc., or a sexually related crime or if required to register as a sex offender. (BPC § 4609)
- Provides for procedures that are imposed in good faith and in a fair and reasonable manner for the denial of an applicant for a certificate or the discipline of a certificate holder which allows for the placing of a certificate holder on probation, suspending the certificate, revoking the certificate of
taking other actions as deemed appropriate and authorized by the CAMTC. (BPC § 4610) - Provides that it is unfair business practice for a person to hold himself or herself out as a “certified massage therapist” or in any manner that implies or suggests that the person is certified by the CAMTC. (BPC § 4611)
- Prohibits a city, county, or city and county from enacting or enforcing an ordinance that conflicts with the provisions of the Act or Section 51034 of the Government Code (GC), but does not prohibit a city, county, or city and county from licensing, regulating, prohibiting, or permitting an individual who
provides massage for compensation without a certificate issued by the CAMTC. (BPC § 4612) - Requires the CAMTC upon request of any law enforcement agency or other representatives of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments to provide information concerning an applicant or certificate holder, as specified. (BPC § 4614)
- Authorizes the CAMTC to have the responsibility to determine whether the school from which an applicant has obtained education required meets the requirements of the Act and to develop policies, procedures, rules, or bylaws governing the requirements and process for approval and unapproval of schools, as specified. (BPC § 4615)
- Requires the CAMTC on or before June 1, 2016, to provide a report to the Legislature that includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders. (BPC § 4620)
- Provides that the Act shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends the date, and that the powers and duties of
the CAMTC shall be subject to review by the appropriate policy committee of the Legislature. (BPC § 4621) - Prohibits a city, county, or city and county from prohibiting or requiring a number things, as specified, in the operation of a massage establishment
This bill:
- Extends the provisions of the Act by four years until January 1, 2021.
- Extends the requirement for a report that is to be provided to the Legislature which includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders, to January 1, 2017.
- Clarifies that a city, county, or city and county shall not require of a person who is certified pursuant to the Act, to have to submit to another background check, including, but not limited to, a criminal background check, or require submission of fingerprints for a federal or state criminal background check.
- Prohibits a city, county, or city and county from requiring a massage establishment to have a shower or bath.
- Makes other technical and clarifying changes.
Background
CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731 (Oropeza, Chapter 384, Statutes of 2008). Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman, Chapter 162, Statutes of 2011).
Unlike other practice acts in the BPC, the Act is administered by a private nonprofit organization, not an agency under the DCA. The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in the Act. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in the Act.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. Section 51034 of the Government Code provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities, including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 12 regulatory entities, including CAMTC. This bill is intended to implement legislative changes as recommended by the Committees’ staff Background Papers prepared for each entity reviewed.
Sunset Review of the CAMTC. In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla, Gomez, and Holden, Chapter 406, Statutes of 2014) made numerous changes to the Act. The CAMTC was granted a two-year sunset extension in order to provide the Legislature with the opportunity to examine the performance of these new provisions related to the operations of the CAMTC and the local government response to the elimination of preemption, and make any needed follow-up changes. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset of the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 6) return of local control; and 7) establishment of a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC’s last sunset review were intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
During the review of the CAMTC in 2016, several issues were brought to light regarding the operation of CAMTC and especially the effect of restoring local government’s complete regulatory authority over all massage businesses. Prior to enactment of AB 1147, massage businesses which only employed certified massage professionals were exempt from certain aspects of local control, including zoning, land use, fees or other local requirements, because of a preemption clause in the Act. AB 1147 deleted any such preemption for certified-only massage professionals in order to restore local government’s regulatory authority over all massage businesses in each jurisdiction. Although AB 1147 was intended to strike a balance between professional regulation and local control, it would appear as if many cities and counties have imposed several types of very restrictive requirements on the operation of massage businesses and establishments within their city or county boundaries. As indicated by the American Massage Therapy Association, California Chapter, over 100 cities have included restrictions in their ordinances which the massage profession views as “adult entertainment ordinances” as opposed to massage therapy ordinances. Elements of these ordinances include:
- Moratoria on new businesses and issuance of new business licenses to tenants and independent contractors of existing businesses;
- Conditional use permits;
- Perceived high application and/or establishment fees;
- Exclusionary zoning;
- Distancing requirements from like businesses and/or sensitive land use (such as schools, churches, residences, other massage establishments, etc.…);
- Prohibited mobile (in-home or outcall) or home-based businesses (home office); massage;
- Requirements that businesses that provide mobile only services must have a brick and mortar location within the city (not home-based);
- Additional background checks and Live Scans of the CAMTC certificate holders who are owners or operators, including sole providers; and,
- Additional fees for local authorities to verify certification.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local: Yes
According to the Senate Appropriations Committee, there is no fiscal impact to the state from the extension of the operation of CAMTC, as CAMTC is a non-profit organization and is not part of state government. The analysis also cites ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the CAMTC (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, CAMTC has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the Federal Bureau of Investigation and to the entity that collects the applicant’s fingerprint.)
SUPPORT: (Verified 8/22/16)
California Chapter of the American Massage Therapy Association
Numerous Individual Certified Massage Therapists
OPPOSITION: (Verified 8/22/16)
One Individual
ARGUMENTS IN SUPPORT: The California Chapter of the American Massage Therapy Association (AMTA) is in support of this bill and indicates that CAMTC plays an important role for our industry and its uninterrupted operation is critical for our practice, however, AMTA still has areas of concern with actions being taken by cities and counties regarding massage establishments throughout the state and believe that other changes are necessary but still understands the need and desire for continued operation of the CAMTC and do not wish to jeopardize its continuation.
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
8/24/16 18:41:47
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2194
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Hernandez, Jackson, Mendoza, Wieckowski
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote
DIGEST: This bill extends the sunset date for the California Massage Therapy Council (CAMTC) by four years and makes other technical and clarifying changes.
Senate Floor Amendments of 8/19/16 include intent language that suggests that local governments give strong consideration to establishing a registration program that gives them the authority to either suspend or revoke the registration of massage businesses for specific violations; change legislative intent language to directive (statutory) language regarding the requirement that local governments only impose and enforce reasonable and necessary fees and regulations on massage businesses; and clarify that the denial or discipline procedures of CAMTC, including final decisions which can be taken based on declarations made under penalty of perjury and specifies the standard for judicial review.
- Establishes Massage Therapy Act (Act) and the CAMTC which is responsible for the administration of the voluntary certification program for certified massage therapists. (Business and Professions Code (BPC) § 4600 et seq.)
- States that it is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations in keeping with the requirements of existing laws and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period and after for the sake of developing a healthy and vibrant local economy. (BPC § 4600(c))
- States that it is the intent of the Legislature that local government, law enforcement, CAMTC and the massage industry and massage professionals work together to improve communications and in a collaborative effort and to develop model local ordinances reflecting the best practices in massage regulation by cities and counties that will respect local control, patient privacy and the dignity of the profession of massage therapy. (BPC § 4600(d))
- Defines “massage” as the scientific manipulation of the soft tissues. (BPC § 4601(e))
- Define a “sole provider” as a massage business where the owner owns 100% of the business, is the only person who provides massage for compensation for that business pursuant to a valid and active certificate and has no other employees or independent contractors. (BPC § 4601(i))
- Defines an “approved school” or “approved massage school” as a school that meets minimum standards for training and curriculum in massage and related subjects, that meets other specified requirements and has not otherwise been unapproved by the CAMTC. (BPC § 4601(a))
- Authorizes the CAMTC to take any reasonable actions necessary to carry out the responsibilities and duties under the Act, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws. (BPC § 4602(b))
- Specifies that on September 15, 2015, the CAMTC will be reconstituted and is to be governed by a board of directors comprised of 13 members, appointed by various stakeholders or the CAMTC including the League of Cities, Police Chiefs Association, State Association of Counties, representative from anti-human trafficking organization, California Community Colleges, Department of Consumer Affairs (DCA), Association of Private Postsecondary Schools, Massage Therapy Association, public health official, certified massage therapist and three additional members, as specified. (BPC § 4602(g))
- States that the meetings of the CAMTC are subject to the rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as specified, and authorizes the CAMTC to adopt additional policies and procedures that provide greater
transparency to certificate holders and the public than required by the Bagley-Keene. (BPC § 4602(j)) - Provides that in order for a massage therapist to obtain certification that they must submit an application and provide CAMTC with satisfactory evidence that he or she is 18 years of age or older, has successfully completed 500 hours of instruction in massage and related subjects as specified, the applicant has passed a competency assessment examination that is approved by CAMTC, the applicant has successfully passed a background investigation as required and has not violated any provisions of the Act. (BPC § 4604)
- Authorizes the CAMTC to discipline an owner or operator of a certified massage business or establishment who is certified by the CAMTC for the conduct of all individuals providing massage for compensation. (BPC § 4607)
- Provides that the CAMTC may deny an application for a certificate or impose discipline on a certificate holder or revoke the certificate for the commission of any of the acts, as specified, including, but not limited to, unprofessional conduct, failure to disclose all information requested on an application, committing a fraudulent, dishonest or corrupt act, being convicted of felony, misdemeanor, etc., or a sexually related crime or if required to register as a sex offender. (BPC § 4609)
- Provides for procedures that are imposed in good faith and in a fair and reasonable manner for the denial of an applicant for a certificate or the discipline of a certificate holder which allows for the placing of a certificate holder on probation, suspending the certificate, revoking the certificate of
taking other actions as deemed appropriate and authorized by the CAMTC. (BPC § 4610) - Provides that it is unfair business practice for a person to hold himself or herself out as a “certified massage therapist” or in any manner that implies or suggests that the person is certified by the CAMTC. (BPC § 4611)
- Prohibits a city, county, or city and county from enacting or enforcing an ordinance that conflicts with the provisions of the Act or Section 51034 of the Government Code (GC), but does not prohibit a city, county, or city and county from licensing, regulating, prohibiting, or permitting an individual who
provides massage for compensation without a certificate issued by the CAMTC. (BPC § 4612) - Requires the CAMTC upon request of any law enforcement agency or other representatives of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments to provide information concerning an applicant or certificate holder, as specified. (BPC § 4614)
- Authorizes the CAMTC to have the responsibility to determine whether the school from which an applicant has obtained education required meets the requirements of the Act and to develop policies, procedures, rules, or bylaws governing the requirements and process for approval and unapproval of schools, as specified. (BPC § 4615)
- Requires the CAMTC on or before June 1, 2016, to provide a report to the Legislature that includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders. (BPC § 4620)
- Provides that the Act shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends the date, and that the powers and duties of
the CAMTC shall be subject to review by the appropriate policy committee of the Legislature. (BPC § 4621) - Prohibits a city, county, or city and county from prohibiting or requiring a number things, as specified, in the operation of a massage establishment
This bill:
- Extends the provisions of the Act by four years until January 1, 2021.
- Extends the requirement for a report that is to be provided to the Legislature which includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders, to January 1, 2017.
- Clarifies that a city, county, or city and county shall not require of a person who is certified pursuant to the Act, to have to submit to another background check, including, but not limited to, a criminal background check, or require submission of fingerprints for a federal or state criminal background check.
- Prohibits a city, county, or city and county from requiring a massage establishment to have a shower or bath.
- Makes other technical and clarifying changes.
Background
CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731 (Oropeza, Chapter 384, Statutes of 2008). Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman, Chapter 162, Statutes of 2011).
Unlike other practice acts in the BPC, the Act is administered by a private nonprofit organization, not an agency under the DCA. The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in the Act. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in the Act.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. Section 51034 of the Government Code provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities, including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 12 regulatory entities, including CAMTC. This bill is intended to implement legislative changes as recommended by the Committees’ staff Background Papers prepared for each entity reviewed.
Sunset Review of the CAMTC. In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla, Gomez, and Holden, Chapter 406, Statutes of 2014) made numerous changes to the Act. The CAMTC was granted a two-year sunset extension in order to provide the Legislature with the opportunity to examine the performance of these new provisions related to the operations of the CAMTC and the local government response to the elimination of preemption, and make any needed follow-up changes. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset of the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 6) return of local control; and 7) establishment of a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC’s last sunset review were intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
During the review of the CAMTC in 2016, several issues were brought to light regarding the operation of CAMTC and especially the effect of restoring local government’s complete regulatory authority over all massage businesses. Prior to enactment of AB 1147, massage businesses which only employed certified massage professionals were exempt from certain aspects of local control, including zoning, land use, fees or other local requirements, because of a preemption clause in the Act. AB 1147 deleted any such preemption for certified-only massage professionals in order to restore local government’s regulatory authority over all massage businesses in each jurisdiction. Although AB 1147 was intended to strike a balance between professional regulation and local control, it would appear as if many cities and counties have imposed several types of very restrictive requirements on the operation of massage businesses and establishments within their city or county boundaries. As indicated by the American Massage Therapy Association, California Chapter, over 100 cities have included restrictions in their ordinances which the massage profession views as “adult entertainment ordinances” as opposed to massage therapy ordinances. Elements of these ordinances include:
- Moratoria on new businesses and issuance of new business licenses to tenants and independent contractors of existing businesses;
- Conditional use permits;
- Perceived high application and/or establishment fees;
- Exclusionary zoning;
- Distancing requirements from like businesses and/or sensitive land use (such as schools, churches, residences, other massage establishments, etc.…);
- Prohibited mobile (in-home or outcall) or home-based businesses (home office); massage;
- Requirements that businesses that provide mobile only services must have a brick and mortar location within the city (not home-based);
- Additional background checks and Live Scans of the CAMTC certificate holders who are owners or operators, including sole providers; and,
- Additional fees for local authorities to verify certification.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local: Yes
According to the Senate Appropriations Committee, there is no fiscal impact to the state from the extension of the operation of CAMTC, as CAMTC is a non-profit organization and is not part of state government. The analysis also cites ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the CAMTC (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, CAMTC has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the Federal Bureau of Investigation and to the entity that collects the applicant’s fingerprint.)
SUPPORT: (Verified 8/22/16)
California Chapter of the American Massage Therapy Association
OPPOSITION: (Verified 8/22/16)
One Individual
ARGUMENTS IN SUPPORT: The California Chapter of the American Massage Therapy Association (AMTA) is in support of this bill and indicates that CAMTC plays an important role for our industry and its uninterrupted operation is critical for our practice, however, AMTA still has areas of concern with actions being taken by cities and counties regarding massage establishments throughout the state and believe that other changes are necessary but still understands the need and desire for continued operation of the CAMTC and do not wish to jeopardize its continuation.
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
8/23/16 12:55:17
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2194
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Hernandez, Jackson, Mendoza, Wieckowski
NO VOTE RECORDED: Galgiani
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote
DIGEST: This bill extends the sunset date for the California Massage Therapy Council (CAMTC) by four years and makes other technical and clarifying changes.
Existing law:
- Establishes Massage Therapy Act (Act) and the CAMTC which is responsible for the administration of the voluntary certification program for certified massage therapists. (Business and Professions Code (BPC) § 4600 et seq.)
- States that it is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations in keeping with the requirements of existing laws and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period and after for the sake of developing a healthy and vibrant local economy. (BPC § 4600(c))
- States that it is the intent of the Legislature that local government, law enforcement, CAMTC and the massage industry and massage professionals work together to improve communications and in a collaborative effort and to develop model local ordinances reflecting the best practices in massage regulation by cities and counties that will respect local control, patient privacy and the dignity of the profession of massage therapy. (BPC § 4600(d))
- Defines “massage” as the scientific manipulation of the soft tissues. (BPC § 4601(e))
- Define a “sole provider” as a massage business where the owner owns 100% of the business, is the only person who provides massage for compensation for that business pursuant to a valid and active certificate and has no other employees or independent contractors. (BPC § 4601(i))
- Defines an “approved school” or “approved massage school” as a school that meets minimum standards for training and curriculum in massage and related subjects, that meets other specified requirements and has not otherwise been unapproved by the CAMTC. (BPC § 4601(a))
- Authorizes the CAMTC to take any reasonable actions necessary to carry out the responsibilities and duties under the Act, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws. (BPC § 4602(b))
- Specifies that on September 15, 2015, the CAMTC will be reconstituted and is to be governed by a board of directors comprised of 13 members, appointed by various stakeholders or the CAMTC including the League of Cities, Police Chiefs Association, State Association of Counties, representative from anti-human trafficking organization, California Community Colleges, Department of Consumer Affairs (DCA), Association of Private Postsecondary Schools, Massage Therapy Association, public health official, certified massage therapist and three additional members, as specified. (BPC § 4602(g))
- States that the meetings of the CAMTC are subject to the rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as specified, and authorizes the CAMTC to adopt additional policies and procedures that provide greater
transparency to certificate holders and the public than required by the Bagley-Keene. (BPC § 4602(j)) - Provides that in order for a massage therapist to obtain certification that they must submit an application and provide CAMTC with satisfactory evidence that he or she is 18 years of age or older, has successfully completed 500 hours of instruction in massage and related subjects as specified, the applicant has passed a competency assessment examination that is approved by CAMTC, the applicant has successfully passed a background investigation as required and has not violated any provisions of the Act. (BPC § 4604)
- Authorizes the CAMTC to discipline an owner or operator of a certified massage business or establishment who is certified by the CAMTC for the conduct of all individuals providing massage for compensation. (BPC § 4607)
- Provides that the CAMTC may deny an application for a certificate or impose discipline on a certificate holder or revoke the certificate for the commission of any of the acts, as specified, including, but not limited to, unprofessional conduct, failure to disclose all information requested on an application, committing a fraudulent, dishonest or corrupt act, being convicted of felony, misdemeanor, etc., or a sexually related crime or if required to register as a sex offender. (BPC § 4609)
- Provides for procedures that are imposed in good faith and in a fair and reasonable manner for the denial of an applicant for a certificate or the discipline of a certificate holder which allows for the placing of a certificate holder on probation, suspending the certificate, revoking the certificate of
taking other actions as deemed appropriate and authorized by the CAMTC. (BPC § 4610) - Provides that it is unfair business practice for a person to hold himself or herself out as a “certified massage therapist” or in any manner that implies or suggests that the person is certified by the CAMTC. (BPC § 4611)
- Prohibits a city, county, or city and county from enacting or enforcing an ordinance that conflicts with the provisions of the Act or Section 51034 of the Government Code (GC), but does not prohibit a city, county, or city and county from licensing, regulating, prohibiting, or permitting an individual who
provides massage for compensation without a certificate issued by the CAMTC. (BPC § 4612) - Requires the CAMTC upon request of any law enforcement agency or other representatives of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments to provide information concerning an applicant or certificate holder, as specified. (BPC § 4614)
- Authorizes the CAMTC to have the responsibility to determine whether the school from which an applicant has obtained education required meets the requirements of the Act and to develop policies, procedures, rules, or bylaws governing the requirements and process for approval and unapproval of schools, as specified. (BPC § 4615)
- Requires the CAMTC on or before June 1, 2016, to provide a report to the Legislature that includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders. (BPC § 4620)
- Provides that the Act shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends the date, and that the powers and duties of the CAMTC shall be subject to review by the appropriate policy committee of the Legislature. (BPC § 4621)
- Prohibits a city, county, or city and county from prohibiting or requiring a number things, as specified, in the operation of a massage establishment
This bill:
- Extends the provisions of the Act by four years until January 1, 2021.
- Extends the requirement for a report that is to be provided to the Legislature which includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders, to January 1, 2017.
- Clarifies that a city, county, or city and county shall not require of a person who is certified pursuant to the Act, to have to submit to another background check, including, but not limited to, a criminal background check, or require submission of fingerprints for a federal or state criminal background check.
- Prohibits a city, county, or city and county from requiring a massage establishment to have a shower or bath.
- Makes other technical and clarifying changes.
CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731 (Oropeza, Chapter 384, Statutes of 2008). Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman, Chapter 162, Statutes of 2011).
Unlike other practice acts in the BPC, the Act is administered by a private nonprofit organization, not an agency under the DCA. The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in the Act. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in the Act.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. Section 51034 of the Government Code provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities, including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 12 regulatory entities, including CAMTC. This bill is intended to implement legislative changes as recommended by the Committees’ staff Background Papers prepared for each entity reviewed.
Sunset Review of the CAMTC. In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla, Gomez, and Holden, Chapter 406, Statutes of 2014) made numerous changes to the Act. The CAMTC was granted a two-year sunset extension in order to provide the Legislature with the opportunity to examine the performance of these new provisions related to the operations of the CAMTC and the local government response to the elimination of preemption, and make any needed follow-up changes. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset of the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 6) return of local control; and 7) establishment of a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC’s last sunset review were intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
During the review of the CAMTC in 2016, several issues were brought to light regarding the operation of CAMTC and especially the effect of restoring local government’s complete regulatory authority over all massage businesses. Prior to enactment of AB 1147, massage businesses which only employed certified massage professionals were exempt from certain aspects of local control, including zoning, land use, fees or other local requirements, because of a preemption clause in the Act. AB 1147 deleted any such preemption for certified-only massage professionals in order to restore local government’s regulatory authority over all massage businesses in each jurisdiction. Although AB 1147 was intended to strike a balance between professional regulation and local control, it would appear as if many cities and counties have imposed several types of very restrictive requirements on the operation of massage businesses and establishments within their city or county boundaries. As indicated by the American Massage Therapy Association, California Chapter, over 100 cities have included restrictions in their ordinances which the massage profession views as “adult entertainment ordinances” as opposed to massage therapy ordinances. Elements of these ordinances include:
- Moratoria on new businesses and issuance of new business licenses to tenants and independent contractors of existing businesses;
- Conditional use permits;
- Perceived high application and/or establishment fees;
- Exclusionary zoning;
- Distancing requirements from like businesses and/or sensitive land use (such as schools, churches, residences, other massage establishments, etc.…);
- Prohibited mobile (in-home or outcall) or home-based businesses (home office); massage;
- Requirements that businesses that provide mobile only services must have a brick and mortar location within the city (not home-based);
- Additional background checks and Live Scans of the CAMTC certificate holders who are owners or operators, including sole providers; and,
- Additional fees for local authorities to verify certification.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, there is no fiscal impact to the state from the extension of the operation of CAMTC, as CAMTC is a non-profit organization and is not part of state government. The analysis also cites ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the CAMTC (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, CAMTC has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the Federal Bureau of Investigation and to the entity that collects the applicant’s fingerprint.)
California Chapter of the American Massage Therapy Association
OPPOSITION: (Verified 8/12/16)
None received
ARGUMENTS IN SUPPORT: The California Chapter of the American Massage Therapy Association (AMTA) is in support of this bill and indicates that CAMTC plays an important role for our industry and its uninterrupted operation is critical for our practice, however, AMTA still has areas of concern with actions being taken by cities and counties regarding massage establishments throughout the state and believe that other changes are necessary but still understands the need and desire for continued operation of the CAMTC and do not wish to jeopardize its continuation.
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
8/15/16 20:33:26
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2194 (Salas) - California Massage Therapy Council: business of massage
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill Summary:
AB 2194 would extend the operation of the California Massage Therapy Council to January 1, 2021.
Fiscal Impact:
- There is no fiscal impact to the state from the extension of the operation of the California Massage Therapy Council. The Council is a state-authorized non-profit organization and is not part of state government. The state does not provide any funding to the Council, which is funded by fees assessed on applicants for certification.
- Ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the Council (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, the Council has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the FBI and to the entity that collects the applicant’s fingerprint.)
Author Amendments:
Extend the operation of the California Massage Council for an additional year to 2021 and make a change to the limitations on local government regulation of massage therapy.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2194 (Salas) - California Massage Therapy Council: business of massage
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2194 would extend the operation of the California Massage Therapy Council to January 1 2020.
Fiscal Impact:
- There is no fiscal impact to the state from the extension of the operation of the California Massage Therapy Council. The Council is a state-authorized non-profit organization and is not part of state government. The state does not provide any funding to the Council, which is funded by fees assessed on applicants for certification.
- Ongoing costs of about $300,000 per year for the Department of Justice to process background checks for applicants applying for certification by the Council (Fingerprint Fees Account). The number of new applicants for certification over the last several years has varied considerably. On average, the Council has received about 10,000 applications per year. Currently, the Department of Justice assesses a $32 fee to cover its costs to process a background check. (Applicants are also required to pay a fee to the FBI and to the entity that collects the applicant’s fingerprint.)
Background:
Under current law, the California Massage Therapy Council is established as a nonprofit organization that is responsible for the voluntary certification of massage therapists. Current law does not require individuals providing massage therapy services to be certified by the Council. Those who are not certified are obligated to provide services in accordance with local laws and regulations. For massage therapists who are certified by the Council, current law provides some restrictions on local governments’ ability to regulate the provision of massage therapy.
Applicants for certification by the Council are required to pay an application fee and submit to a criminal background check, performed by the Department of Justice.
Current law sunsets the Massage Therapy Act and the operation of the Massage Therapy Council on January 1, 2020.
Proposed Law:
AB 2194 would extend the operation of the California Massage Therapy Council to January 1 2020.
The bill would also extend an existing requirement for a report from the Council and clarify that a local government may not require a criminal background check from a person certified by the Council.
Staff Comments:
As noted above, the bill will extend the current costs incurred by the Department of Justice to process criminal background checks for applicants for certification by the Council. The cost estimate above reflects the average annual cost for the Department to process those criminal background checks. However, in the absence of this bill, a significant portion of those costs may still occur, to the extent that local governments would require massage therapy practitioners to undergo criminal background checks.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: Hearing Date: June 27, 2016
Author: | |||
Version: | June 20, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Bill Gage | ||
Subject:
SUMMARY:
Extends the sunset date for the California Massage Therapy Counsel (CAMTC) by two years and makes other technical and clarifying changes.
Existing law:
- Establishes Massage Therapy Act (Act) and the CAMTC which is responsible for the administration of the voluntary certification program for certified massage therapists. (Business and Professions Code (BPC) § 4600 et seq.)
- States that it is the intent of the Legislature that this Act enable consumers and local governments to more easily identify certified massage professionals, provide for statewide certification and oversight of massage professionals, ensure schools approved by the CAMTC are providing a high level of training, and assist local government and law enforcement in their duty to maintain the highest standards of conduct by disciplining certificate holders when necessary and ensure full compliance with the Act. (BPC § 4600.5(a))
- States that it is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local government and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern, regulation and oversight. (BPC § 4600(b))
- States that it is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations in keeping with the requirements of existing laws and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period and after for the sake of developing a healthy and vibrant local economy. (BPC § 4600(c))
- States that it is the intent of the Legislature that local government, law enforcement, CAMTC and the massage industry and massage professionals work together to improve communications and in a collaborative effort and to develop model local ordinances reflecting the best practices in massage regulation by cities and counties that will respect local control, patient privacy and the dignity of the profession of massage therapy. (BPC § 4600(d))
- Defines “massage” as the scientific manipulation of the soft tissues. (BPC § 4601(e))
- Define a “sole provider” as a massage business where the owner owns 100% of the business, is the only person who provides massage for compensation for that business pursuant to a valid and active certificate and has no other employees or independent contractors. (BPC § 4601(i))
- Defines an “approved school” or “approved massage school” as a school that meets minimum standards for training and curriculum in massage and related subjects, that meets other specified requirements and has not otherwise been unapproved by the CAMTC. (BPC § 4601(a))
- Authorizes the CAMTC to take any reasonable actions necessary to carry out the responsibilities and duties under the Act, including but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws. (BPC § 4602(b))
- Specifies that on September 15, 2015, the CAMTC will be reconstituted and is to be governed by a board of directors comprised of 13 members, appointed by various stakeholders or the CAMTC including the League of Cities, Police Chiefs Association, State Association of Counties, representative from anti-human trafficking organization, California Community Colleges, Department of Consumer Affairs (DCA), Association of Private Postsecondary Schools, Massage Therapy Association, public health official, certified massage therapist and three additional members, as specified. (BPC § 4602(g))
- States that the meetings of the CAMTC are subject to the rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as specified, and authorizes the CAMTC to adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene. (BPC § 4602(j))
- Provides that in order for a massage therapist to obtain certification that they must submit an application and provide CAMTC with satisfactory evidence that he or she is 18 years of age or older, has successfully completed 500 hours of instruction in massage and related subjects as specified, the applicant has passed a competency assessment examination that is approved by CAMTC, the applicant has successfully passed a background investigation as required and has not violated any provisions of the Act. (BPC § 4604)
- Authorizes the CAMTC to discipline an owner or operator of a certified massage business or establishment who is certified by the CAMTC for the conduct of all individuals providing massage for compensation. (BPC § 4607)
- Provides that the CAMTC may deny an application for a certificate or impose discipline on a certificate holder or revoke the certificate for the commission of any of the acts as specified including, but not limited to, unprofessional conduct, failure to disclose all information requested on an application, committing a fraudulent, dishonest or corrupt act, being convicted of felony, misdemeanor, etc. or a sexually related crime or if required to register as a sex offender. (BPC § 4609)
- Provides for procedures that are imposed in good faith and in a fair and reasonable manner for the denial of an applicant for a certificate or the discipline of a certificate holder which allows for the placing of a certificate holder on probation, suspending the certificate, revoking the certificate of taking other actions as deemed appropriate and authorized by the CAMTC. (BPC § 4610)
- Provides that it is unfair business practice for a person to hold himself or herself out as a “certified massage therapist” or in any manner that implies or suggests that the person is certified by the CAMTC. (BPC § 4611)
- Prohibits a city, county, or city and county from enacting or enforcing an ordinance that conflicts with the provisions of the Act or Section 51034 of the Government Code (GC), but does not prohibit a city, county, or city and county from
licensing, regulating, prohibiting, or permitting an individual who provides massage for compensation without a certificate issued by the CAMTC. (BPC § 4612) - Requires the CAMTC upon request of any law enforcement agency or other representatives of a local government agency with responsibility for regulating or administering a local ordinance relating to massage or massage establishments to provide information concerning an applicant or certificate holder, as specified.
(BPC § 4614) - Authorizes the CAMTC to have the responsibility to determine whether the school from which an applicant has obtained education required meets the requirements of the Act and to develop policies, procedures, rules, or bylaws governing the requirements and process for approval and unapproval of schools, as specified.
(BPC § 4615) - Requires the CAMTC on or before June 1, 2016, to provide a report to the Legislature that includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders. (BPC § 4620)
- Provides that the Act shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends the date, and that the powers and duties of the CAMTC shall be subject to review by the appropriate policy committee of the Legislature.
(BPC § 4621) - Prohibits a city, county, or city and county from the following:
(GC Section 51034(c)(1-8))- Prohibiting a person of one sex from engaging in the massage of a person of the other sex;
- Defining a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment;
- Requiring 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;
- Imposing client draping requirements, as specified;
- Prohibiting a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors;
- Requiring a massage establishment to post a notice in an area viewed by clients that contains explicit language, as specified;
- Requiring a certified individual to take any test, medical examination, or background check, or comply with education requirements beyond what is required under the Act; and,
- Imposing a requirement that an individual holding a certificate in accordance with the Act, obtain any other license, permit, certificate or other authorization to provide massage for compensation, as specified; however, a city is not prohibited from requiring an ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
- Prohibiting a person of one sex from engaging in the massage of a person of the other sex;
This bill:
- Extends the provisions of the Act by three years until January 1, 2020.
- Extends the requirement for a report that is to be provided to the Legislature which includes a feasibility study as specified, information regarding the operation of the CAMTC, and the disciplinary action taken by CAMTC against both applicants and certificate holders, to January 1, 2017.
- Clarifies that a city, county, or city and county shall not require of a person who is certified pursuant to the Act, to have to submit to another background check, including, but not limited to, a criminal background check, or require submission of fingerprints for a federal or state criminal background check.
- Makes other technical and clarifying changes.
FISCAL EFFECT:
Unknown. This bill is keyed “fiscal” by Legislative Counsel.
COMMENTS:
- Purpose. This measure is sponsored by the Author. According the Author, unless legislation is carried this year to extend the sunset date for the CAMTC, it will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised about the CAMTC in the Assembly Business and Profession’s Committee staff Background Paper and during its subsequent sunset review hearing.
- Background on CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731 (Oropeza, Chapter 384, Statutes of 2008). Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman, Chapter 162, Statutes of 2011).
Unlike other practice acts in the BPC, the Act is administered by a private nonprofit organization, not an agency under the Department of Consumer Affairs (DCA). The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in the Act. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in the Act.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. Section 51034 of the Government Code provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself. - Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 12 regulatory entities, including CAMTC. This bill is intended to implement legislative changes as recommended by the Committees’ staff Background Papers prepared for each entity reviewed.
- Sunset Review of the CAMTC. In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla, Gomez, and Holden, Chapter 406, Statutes of 2014) made numerous changes to the Act. The CAMTC was granted a two-year sunset extension in order to provide the Legislature with the opportunity to examine the performance of these new provisions related to the operations of the CAMTC and the local government response to the elimination of preemption, and make any needed follow-up changes. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 4) return of local control; and established a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC’s last sunset review were intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
During the review of the CAMTC in 2016, several issues were brought to light regarding the operation of CAMTC and especially the effect of restoring local government’s complete regulatory authority over all massage businesses. Prior to enactment of AB 1147, massage businesses which only employed certified massage professionals were exempt from certain aspects of local control, including zoning, land use, fees or other local requirements, because of a preemption clause in the Act. AB 1147 deleted any such preemption for certified-only massage professionals in order to restore local government’s regulatory authority over all massage businesses in each jurisdiction. Although AB 1147 was intended to strike a balance between professional regulation and local control, it would appear as if many cities and counties have imposed several types of very restrictive requirements on the operation of massage businesses and establishments within their city boundaries. As indicated by the American Massage Therapy Association, California Chapter (AMTA-CA), over 100 cities have included restrictions in their ordinances which the massage profession views as “adult entertainment ordinances” as opposed to massage therapy ordinances. Elements of these ordinances include:
- Moratoria on new businesses and issuance of new business licenses to tenants and independent contractors of existing businesses;
- Conditional use permits (CUPs);
- Perceived high application and/or establishment fees;
- Exclusionary zoning;
- Distancing requirements from like businesses and/or sensitive land use (such as schools, churches, residences, other massage establishments, etc.…);
- Prohibited mobile (in-home or outcall) or homebased businesses (home office);massage;
- Requirements that businesses that provide mobile only services must have a brick and mortar location within the city (not home based);
- Additional background checks and Live Scans of the CAMTC certificate holders who are owners or operators, including sole providers; and,
- Additional fees for local authorities to verify certification.
AMTA-CA provided a list of all the cities with a breakdown of which cities have included some of the elements as stated above and also some of the higher and possibly unreasonable fees which are being charged to open and operate a massage business within their jurisdiction.
Below is a summary table of provisions from 195 local massage establishment ordinances. For each type of ordinance provision, it provides the number of jurisdictions (cities or counties) that have ordinances with this provision, the total population of those jurisdictions, and the range of costs where applicable. This data is aggregated from a spreadsheet that was provided to the Committees in March.
Provision | Cost Range | Number of Local Jurisdictions with this Provision in Ordinance | Total Population of Jurisdictions with This Provision |
Conditional Use Permit (CUP) | $400 - 7,680 | 61 | 6,091,373 |
Establishment Permit* | $128 - 11,000 | 60 | 8,123,664 |
Special Business License | $125 – 6,000 | 9 | 1,599,330 |
Zoning Clearance | $350 | 7 | 1,222,609 |
Spacing Requirements** |
| 28 | 3,052,520 |
Restrictive Zoning*** |
| 22 | 1,984,111 |
Requires Showers or Tubs |
| 14 | 5,459,821 |
Ancillary Use Only |
| 2 | 467,371 |
Bans Home Occupation*** |
| 25 | 5,286,497 |
Bans Mobile (or Off-Premise) Massage^ |
| 26 | 2,354,148 |
Total number of ordinances containing one or more of these provisions |
| 145 | 21,259,821 |
Redundant Background Checks^^ |
| 37 | 3,699,367 |
Footnotes:
* Establishment permits are not in principle a bad idea, except they are typically accompanied by a discriminatory application process and expensive fees.
** Distances range from 250 to 1,000 feet spacing from another massage establishment, church, school, or other sensitive use.
*** Only ordinances with restrictions that specifically target massage establishments in a manner distinct from other healing arts establishments are included here.
^ Some ordinances prohibit it entirely; some limit its provision to providers with brick and mortar establishments inside the jurisdiction.
^^ This provision is separated out because its economic impact is limited to less than $200.
According to AMTA-CA, unaccounted for are costs not paid directly to local governments as fees, yet still imposed on massage businesses. These costs would include lease payments on a non-earning business space while awaiting a conditional use permit, or space modifications not required of other healing arts businesses. This list is not exhaustive; these are just the jurisdictions and ordinances we have been made aware of.
Of the 195 local ordinances reviewed by AMTA-CA, 145 of them contained one or more of the provisions indicated in the table. The range of special fees charged to open massage establishments ranged from as little as $125 to as much as $11,000. These are costs payable directly to the local jurisdiction; discriminatory zoning provisions (that prevent massage establishments from opening where other healing arts professionals are permitted, prohibit two massage establishments from locating within 500 feet of one another, or restrict massage therapy to ancillary use) do not have attendant fees, but as argued by AMTA-CA diminish the pool of viable commercial spaces and increase lease costs. This ultimately limits the access of the state’s citizens to convenient and affordable massage therapy.
AMTA-CA states that in aggregate, the number of California citizens affected by the ordinances in just these 145 cities and counties totals over 21 million. Given a state population of 38 million, that means over half of California’s citizens (55 percent) are having their access to massage therapy obstructed by these ordinances. And the banning or restriction of off-premise massage services or home occupation (where it is otherwise allowed for healing arts professions) additionally limits the income possibilities for professional massage therapists.
AMTA-CA also provided brief summaries of local massage ordinances that it believes have provided a regulatory structure that “. . .respect[s] the profession as they enable local government and law enforcement to prevent and punish criminal activity; those jurisdictions include:
- San Mateo County: background checks are imposed on non-certified owners only. Health and safety inspections are charged at reasonable fees for cost recovery.
- San Rafael: after a brief moratorium, the city chose not to impose conditional use or distance limitations on massage establishments.
- Vacaville: application, investigation and licensing fee is a total of $48.
- Fresno: 2013 massage ordinance requires certification and a no fee registration of massage establishments.
- Clarification of Fingerprint and Background Check Requirements. There appears to be some confusion between practitioners and local governments regarding the authority granted to local governments to conduct 'background' checks on CAMTC certified individuals. AB 1147 added GC Section 51034 which included minor prohibitions on how a city or county can regulate certified massage practitioners. GC Section 51304(7) specifically prohibits a city or county from imposing a requirement that a certified person take any test, medical examination, or background check or comply with education requirements beyond what is required in the Act. This was intended to alleviate cities and counties from conducting duplicative and resource intensive verifications of practitioners 'education and criminal background histories. At the same time, it would also ensure that practitioners need only meet one set of standards and prevent practitioners from paying duplicative fees for background inquiries. GC Section 51034(8) specifies that a local jurisdiction can require a massage business or establishment to obtain a license, permit, certificate or other authorization in order to operate the business.
Certificated individuals indicated during the sunset review hearing that they have been required to conduct duplicative background checks, specifically submitting to a criminal record background check, or ‘livescan', which is already required by the CAMTC for certification. The duplicative background check process impacts those business owners who are certified solo practitioners, whether working for themselves or as independent contractors working in larger establishments. These individuals adhere to CAMTC background checks as certified individuals, but also must meet the requirements of local jurisdictions for "business owner" background checks. This process is costly and duplicative for certificated practitioners who happen to be sole providers or business owners. At this time, the DOJ's fingerprint background-check system does not allow for fingerprint requests to be shared with multiple entities that require fingerprinting.
This measure will clarify in Section 51034 of the Government Code that a city or county is precluded from requiring a background check, including a criminal background check, for a person who is certified pursuant to the Act. - Requested Technical Amendments by CAMTC. The CAMTC identified several issues in need of technical clarification in its 2015 Sunset Review Report, including the three referenced below:
- BPC Section 4601(a) defines an "approved school" or an "approved massage school" as a school that is approved by the council that meets minimum standards for training and curriculum in massage and related subjects, and that is additionally approved by a specified list of accrediting bodies. As a result of AB 1147, BPC Section 4604(a)(2)(B) specifies that in order to obtain certification, all 500 hours of education must be from schools "approved by the council." As noted in the CAMTC's 2015 Sunset Review Report, because the CAMTC is not the only entity responsible for school-approval, it requests to replace "schools approved by the council" with an "approved school" for consistency with the definition of an "approved school" as defined in BPC Section 4601(a).
- Prior to AB 1147, there was a provision in the Act which required the CAMTC to notify the employers of certificate holders that were suspended based on an arrest with charges filed for Penal Code 647(b) (prostitution), or an act punishable as a sexually-related crime, at the last address filed with the CAMTC. BPC Section 4610(f)(1)(C) changed this provision to limit the notification of employers to an email-only notification. As reported by the CAMTC, often times applicants fail to provide the CAMTC with an email address for the vast majority of businesses (even though one is requested), and an email message may easily be ignored. The CAMTC requests to revise current law to allow for the specified notification to employers to be completed via email or first-class mail.
- BPC Section 4610(e)(4) specifies that when the CAMTC is proposing to deny an application or impose discipline on a certificate holder, the disciplinary procedure is fair and reasonable if specified conditions are followed, including “an opportunity for the applicant or certificate holder, to be heard, orally or in writing.” However, BPC Section 4610(g)(2), a provision allowing for suspension based on evidence, does not specify that a certificate holder has the opportunity to be heard “orally or in writing.” The CAMTC reported that although the CAMTC interprets this provision to provide for an oral hearing or consideration of a written statement, clarification of this provision might better inform certificate holders of their options in appealing a disciplinary matter.
- BPC Section 4601(a) defines an "approved school" or an "approved massage school" as a school that is approved by the council that meets minimum standards for training and curriculum in massage and related subjects, and that is additionally approved by a specified list of accrediting bodies. As a result of AB 1147, BPC Section 4604(a)(2)(B) specifies that in order to obtain certification, all 500 hours of education must be from schools "approved by the council." As noted in the CAMTC's 2015 Sunset Review Report, because the CAMTC is not the only entity responsible for school-approval, it requests to replace "schools approved by the council" with an "approved school" for consistency with the definition of an "approved school" as defined in BPC Section 4601(a).
- Prior Similar Legislation. AB 1147 (Bonilla, Gomez and Holden, Chapter 406, Statutes of 2014) revises, recasts, rewrites and makes a number of substantive, clarifying, conforming and technical changes to the 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 the CAMTC; and extends the sunset date, by two years, until January 1, 2017.
AB 619 (Halderman, Chapter 162, Statutes of 2011) changed the name of the MTO to the CAMTC and makes a number of clarifying, conforming and technical changes to the Act.
SB 1238 (Price, Chapter 655, Statutes of 2012) made a number of substantive, clarifying, conforming and technical changes regarding the 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; and the ability of cities to restrict the operation of massage businesses involved in prior criminal activity.
SB 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 of a misdemeanor, punishable by a fine of $2,500, or imprisonment in county jail for up to one year, or both.
AB 1822 (Swanson) of 2010, would have added two additional members to the MTO's Board, each one selected by the California Police Chiefs Association and the California State Sheriffs' Association, respectively, unless those entities chose not to do so. AB 1822 was vetoed by the Governor.
SB 731 (Oropeza, Chapter 384, Statutes of 2008) created a MTO and provided for the voluntary certification of massage therapists and massage practitioners by the MTO.
SB 412 (Figueroa) of 2005 would have established the Massage Therapy Organizatiion (MTO) and would have provided for the certification of massage therapist and massage practitioners by the MTO. SB 412 was held on the Assembly floor. - Arguments in Support. The AMTA-CA is in support of this measure and states that, “The CAMTC play an important role for our industry and its uninterrupted operation is critical to for our practice.” They indicate that, “we desire certainty and structure in our practice and industry and believe that a four year extension rather than a two year extension [currently three years], as proposed, would give our industry that desired clarity. The AMTA-CA also notes that while they appreciate the minor technical and clarifying amendments made the Act, they would like to continue to discuss areas of additional concern including the use of moratoria, conditional use permits and establishment feels, and special zoning reserved only for massage establishments. They also believe that further discussion is warranted with regards to redundant background checks with their members who are being subjected to this requirement in numerous jurisdictions. They ask that the Author consider additional amendments to the bill to address these concerns.
- Policy Issue: Should the extension of the sunset date for CAMTC be for only
3 years? Initially the recommendation of the Committees was to consider extending the CAMTC for four years in order in order for the organization to continue its regulatory oversight over the Act, and the voluntary certification system. It was requested that the CAMTC continue to work with certificate holders, consumers, local governments, the Legislature, and other stakeholders to help improve upon the certification system and ensure that only those individuals who meet the education, examination, and background requirements are granted certification, and to take swift enforcement actions against those who violate the Act. It was also requested that CAMTC should be prepared to testify at a future legislative sunset review hearings, if requested by the Legislature, prior to its next statutorily required sunset review hearing, to discuss its progress in addressing the issues raised in this Background Paper.
It is not certain that there is adequate justification to shorten the time frame for CAMTC’s sunset review to two or three years. Generally, when a sunset review timeframe for an entity is shortened it is to require that the entity or agency deal with what might be considered as major outstanding issues of the Committees. This has been true most recently for the Acupuncture Board and the Veterinary Medical Board. Both of these agencies had not addressed major issues identified by the Committees including both legislative and regulatory mandates. Although some issues were raised by the League of Cities regarding the overall operation of CAMTC and its membership, it would appear that those issues have been addressed by CAMTC in several meetings with the League. Although some other issues were raised by the Committees in the Background Paper, it appears as if those concerns were adequately addressed by CAMTC during it sunset review and also in its responses to the Committees which were received on April 14, 2016. The CAMTC also recently provide to the Committees an extensive report pursuant to Section 4620 of the BPC on the function of CAMTC in meeting its duties and responsibilities in certifying and in disciplining certificate holders when necessary and within a timely fashion. No problems were identified pursuant to this report. The CAMTC has also increased its efforts in reaching out to both local governments and law enforcement to provide important training and information on the massage therapy profession and in particular certified massage therapists and also recently participated in an important Legislative hearing of the Committees on human trafficking. Another issue to be considered is the workload and both CAMTC members and staff time that is consumed in preparing for a sunset review that takes away from the overall responsibilities that CAMTC has in meeting many of its requirements under the Act.
The Author may want to consider, based on both the recent conduct and efforts of the CAMTC to comply with the Committees requests, to grant them a four year extension of their sunset date.
- Suggested Technical Amendment. In Section 51034(c) (3) of the BPC, the reference to shower should be separate from the other structures which could be considered as interfering with a client’s reasonable expectation of privacy. It should just be specified that a shower or bath would not be required within a massage establishment. This clarifying technical amendment makes it clear that a shower or bath could not be required in massage establishment by a city or county.
Add paragraph (4) to subsection (c) to read:
(4) Require a massage establishment to have a shower or bath.
SUPPORT AND OPPOSITION:
Support:
American Massage Therapy Association, California Chapter (AMTA-CA)
65 Individual Members of AMTA-CA
Opposition:
None on file as of June 21, 2016.
-- END --
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
ABPCA Bill Id:AB 2194
Author:(Salas) – As Amended Ver:April 5, 2016
SUBJECT: California Massage Therapy Council: extension of sunset date.
SUMMARY: Extends the sunset date for the California Massage Therapy Counsel (CAMTC) by two years, and makes other technical and clarifying changes.
EXISTING LAW:
- Establishes Massage Therapy Act and the CAMTC which is responsible for the administration of the voluntary certification program for certified massage therapists. (Business and Professions Code (BPC) Sections 4600 et seq.)
- Authorizes the CAMTC to take any reasonable actions necessary to carry out the responsibilities and duties under the Massage Therapy Act, including but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws. (BPC Section 4602(b))
- Defines "massage" as the scientific manipulation of the soft tissues. (BPC Section 4601(e))
- Define a "sole provider" as a massage business where the owner owns 100% of the business, is the only person who provides massage for compensation for that business pursuant to a valid and active certificate and has no other employees or independent contractors. (BPC Section 4601(i))
- Defines an "approved school" or "approved massage school" as a school that meets minimum standards for training and curriculum in massage and related subjects, that meets specified requirements and has not otherwise been unapproved by the CAMTC. (BPC Section 4601)
- States that the meetings of the CAMTC are subject to the rules of the Bagley-Keene Open Meeting Act (Bagley-Keene), as specified, and authorizes the CAMTC to adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene. (BPC Section 4602(j))
- Specifies that the CAMTC is to be governed by a board of directors comprised of 13 members, appointed by various stakeholders. (BPC Section 4602(g))
- Authorizes the CAMTC to discipline an owner or operator of a certified massage business or establishment who is certified by the CAMTC for the conduct of all individuals providing massage for compensation. (BPC Section 4607)
- Prohibits a city, county, or city and county from enacting or enforcing an ordinance that conflicts with the provisions of the Massage Therapy Act or Section 51034 of the Government Code (GC), but does not prohibit a city, county, or city and county from licensing, regulating, prohibiting, or permitting an individual who provides massage for compensation without a certificate issued by the CAMTC. (BPC Section 4612)
- States that it is the intent of the Legislature that local governments impose and enforce only reasonable and necessary fees and regulations in keeping with the requirements of existing laws and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period and after for the sake of developing a healthy and vibrant local economy.
- Prohibits a city, county, or city and county from the following: (GC Section 51034(c)(1-8))
- Prohibiting a person of one sex from engaging in the massage of a person of the other sex;
- Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment;
- 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;
- Impose client draping requirements, as specified;
- Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors;
- Require a massage establishment to post a notice in an area viewed by clients that contains explicit language, as specified;
- Require a certified individual to take any test, medical examination, or background check, or comply with education requirements beyond what is required under the Massage Therapy Act; and,
- Impose a requirement that an individual holding a certificate in accordance with the Massage Therapy Act, obtain any other license, permit, certificate or other authorization to provide massage for compensation, as specified; however, a city is not prohibited from requiring an ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction.
THIS BILL:
- Extends the provisions of the CAMTC by two-years until January 1, 2019.
- Makes other technical and clarifying changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. Unless legislation is carried this year to extend the sunset date for the CAMTC, it will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised about the CAMTC in the Business and Profession’s Committee staff Background Paper and during its subsequent sunset review hearing.
CAMTC. The CAMTC is a nonprofit organization responsible for the voluntary certification and recertification of massage therapists and the recertification of massage practitioners. The certification law was initially enacted by SB 731(Oropeza), Chapter 384, Statutes of 2008. Because certification is voluntary, non-certified individuals may provide massage services in accordance with local rules and regulations. SB 731 authorized the creation of a governing certification entity, the Massage Therapy Organization which was renamed the CAMTC by AB 619 (Halderman) Chapter 162, Statutes of 2011.
Unlike other practice acts in the BPC, the Massage Therapy Act is administered by a private nonprofit organization, not an agency under the Department of Consumer Affairs (DCA). The provision authorizing the establishment of the nonprofit oversight body for the purpose of administering the voluntary massage certification program is specified in BPC Section 4602. As a nonprofit public benefit organization, the CAMTC must abide by nonprofit corporations law, as specified in the Corporations Code. The CAMTC is authorized by statute to take any reasonable actions necessary to carry out its responsibilities and duties, as specified in BPC Section 4600 et seq.
CAMTC-certified professionals are recognized throughout California to provide massage services but may still be subject to local ordinances and business regulations. GC Section 51034 provides modest restrictions on local ordinances regarding certified massage professionals and massage businesses. For individuals who are not certified by the CAMTC, local jurisdictions may regulate those individuals according to their local ordinances.
The law also authorizes the CAMTC to deny applications and discipline certificate holders by denying an applicant or revoking, suspending, or placing probationary conditions on an individual's certificate.
The CAMTC's Board of Directors (board) is currently comprised of 13 members who are appointed by various entities including, but not limited to, massage trade associations, the League of California Cities, the DCA, the California Police Chiefs Association, the California State Association of Counties, the Chancellor of the California Community Colleges, the California Association of Private Postsecondary Schools, an anti-human trafficking organization, and the CAMTC itself.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2016, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted multiple joint oversight hearings to review 11 regulatory boards within the DCA, and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year.
The Sunset Review Process. The sunset review process provides a formal mechanism for the DCA; the Legislature; the regulatory boards, bureaus and committees; interested parties; and stakeholders to make recommendations for improvements to the authority of 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. Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During the sunset review hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.
In 2014, the CAMTC underwent its first sunset review which highlighted numerous issues about the operations of the organization and the impact of the massage therapy law – particularly its land use preemption provisions – on local governments. As a result, AB 1147 (Bonilla, Gomez, and Holden) Chapter 406, Statutes of 2014, made numerous changes to the Massage Therapy Act. The CAMTC was granted a two-year sunset extension in order to provide the Legislature with the opportunity to examine the performance of these new provisions related to the operations of the CAMTC and the local government response to the elimination of preemption, and make any needed follow-up changes. Although AB 1147 was signed into law in 2014, the provisions of that bill did not take effect until January 1, 2015. Some of the major changes required by AB 1147 included: 1) the establishment of a fee cap for certification and recertification fees; 2) sunset the CMP certification tier; 3) expansion of the definition of unprofessional conduct; 4) requirement of the CAMTC to develop policies, procedures, rules or bylaws for the approval of schools; 5) reconstitution of the CAMTC board; 4) return of local control; and established a number of new protections for certified professionals.
The two-year extension provisions enacted after the CAMTC’s last sunset review was intended to provide the Legislature with an opportunity to review the CAMTC's implementation of the numerous changes that resulted from AB 1147. Moreover, the two-year sunset extension ensured that the Legislature would be able to examine the performance of the new provisions of GC Section 51304 and the deletion of preemption which shifted the regulation of massage businesses back to the local regulatory entities during the transition to make any potentially needed follow-up changes.
Technical Amendments. The CAMTC identified several issues in need of technical clarification in its 2015 Sunset Review Report, including the three referenced below:
BPC Section 4601(a) defines an "approved school" or an "approved massage school" as a school that is approved by the council that meets minimum standards for training and curriculum in massage and related subjects, and that is additionally approved by a specified list of accrediting bodies. As a result of AB 1147, BPC Section 4604(a)(2)(B) specifies that in order to obtain certification, all 500 hours of education must be from schools "approved by the council." As noted in the CAMTC's 2015 Sunset Review Report, because the CAMTC is not the only entity responsible for school-approval, it requests to replace "schools approved by the council" with an "approved school" for consistency with the definition of an "approved school" as defined in BPC Section 4601(a).
Prior to AB 1147, there was a provision in the Massage Therapy Act which required the CAMTC to notify the employers of certificate holders that were suspended based on an arrest with charges filed for Penal Code 647(b) (prostitution), or an act punishable as a sexually-related crime, at the last address filed with the CAMTC. BPC Section 4610(f)(1)(C) changed this provision to limit the notification of employers to an email-only notification. As reported by the CAMTC, often times applicants fail to provide the CAMTC with an email address for the vast majority of businesses (even though one is requested), and an email message may easily be ignored. The CAMTC requests to revise current law to allow for the specified notification to employers to be completed via email or first-class mail.
BPC Section 4610(e)(4) specifies that when the CAMTC is proposing to deny an application or impose discipline on a certificate holder, the disciplinary procedure is fair and reasonable if specified conditions are followed, including “an opportunity for the applicant or certificate holder, to be heard, orally or in writing.” However, BPC Section 4610(g)(2), a provision allowing for suspension based on evidence, does not specify that a certificate holder has the opportunity to be heard “orally or in writing.” The CAMTC reported that although the CAMTC interprets this provision to provide for an oral hearing or consideration of a written statement, clarification of this provision might better inform certificate holders of their options in appealing a disciplinary matter.
AMENDMENT(S):
The following amendments will make technical and minor non-controversial changes to the Massage Therapy Act:
In Business and Professions Code Section 4604(a)(2)(B) strike schools approved by the council and replace with approved school.
In Business and Professions Code Section 4610(f)(1)(C), after "email" insert or first class mail,
In Business and Professions Code Section 4610(g)(2), after "provides evidence" insert either orally or in writing,
REGISTERED SUPPORT:
American Massage Therapy Association, California Chapter
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301
Discussed in Hearing
38SEC
Assembly Floor
2MIN
Senate Floor
16MIN
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
