AB 2194: California Massage Therapy Council: business of massage.

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.