Bill Text: CA AB1147 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Massage therapy.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 406, Statutes of 2014. [AB1147 Detail]
Download: California-2013-AB1147-Amended.html
BILL NUMBER: AB 1147 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MAY 31, 2013
AMENDED IN ASSEMBLY MAY 13, 2013
AMENDED IN ASSEMBLY MAY 1, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Gomez
(Coauthor: Assembly Member Muratsuchi)
FEBRUARY 22, 2013
An act to amend Sections 4601, 4603, 4612, and 4613 of
add Section 4612.5 to the Business and
Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1147, as amended, Gomez. Massage therapy.
Existing law, until January 1, 2015, provides for the voluntary
certification of massage practitioners and massage therapists by the
California Massage Therapy Council.
Existing law requires specified businesses and other
establishments, upon the availability of a model notice developed by
the Department of Justice, to post a notice that contains information
related to slavery and human trafficking, including information
related to specified nonprofit organizations that provide services in
support of the elimination of slavery and human trafficking.
Existing law exempts from the posting requirements massage
establishments or businesses that are the sole proprietorship of an
individual who is voluntarily certified pursuant to the provisions
described above or that employ or use only persons who are so
certified.
This bill would, notwithstanding any other law, subject massage
establishments or businesses that are the sole proprietorship of an
individual who is voluntarily certified pursuant to the provisions
described above or that employ or use only persons who are so
certified to the posting requirements described above.
Existing law specifies the requirements for the council to issue
to an applicant a certificate as a massage practitioner, including,
but not limited to, successfully completing curricula in massage and
related subjects totaling a minimum of 250 hours or the credit unit
equivalent, as specified.
This bill would additionally require an applicant for a
certificate as a massage practitioner to pass a massage and bodywork
competency assessment examination that meets generally recognized
psychometric principles and standards, and that is approved by the
council.
Existing law specifies the requirements for the council to issue
to an applicant a certificate as a massage therapist. Among these
requirements, existing law requires an applicant to either (1)
successfully complete a minimum of 500 hours, or the credit unit
equivalent, of curricula in massage and related subjects, with at
least 250 hours being from approved schools, or (2) successfully
complete a minimum of 250 hours of curricula in massage and related
subjects at an approved school, with at least 100 hours of
instruction in certain subjects, and to pass a massage and bodywork
competency assessment examination, as specified, that is approved by
the council.
This bill would instead require an applicant for a certificate as
a massage therapist to successfully complete a minimum of 250 hours
of curricula in massage and related subjects at an approved school,
with at least 100 hours of instruction in certain subjects, and to
pass the massage and bodywork competency assessment examination as
described above.
Existing law authorizes a city, county, or city and county to
impose certain requirements on massage establishments or businesses
that are the sole proprietorship of an individual certified pursuant
to existing state law or that employ or use only persons who are so
certified. Existing law authorizes a city, county, or city and county
to charge a massage business or establishment a business licensing
fee that is not higher than the lowest fee applied to other
individuals and businesses providing professional services, as
specified. Existing law also authorizes a city, county, or city and
county to enact ordinances, regulations, rules, requirements, and
restrictions applicable to the massage establishments or businesses
described above, provided that these local requirements are not
different from requirements that are uniformly applied to all
individuals and businesses providing professional services, as
specified, except as provided.
This bill would instead authorize a city, county, or city and
county to charge a business licensing fee that shall not exceed the
average licensing fee applied to other individuals and businesses
that provide professional services, as specified. The bill would
authorize a city, county, or city and county to enact ordinances,
regulations, rules, requirements, and restrictions applicable to the
massage establishments or businesses described above that are owned
by an individual or individuals who are certified by the council, as
specified, provided that these local requirements are not different
from requirements that are uniformly applied to at least one other
class of individuals or businesses that provide professional
services, as specified, except as provided.
This bill would authorize a city, county, or city and county to
require a massage establishment or business described above to apply
for and receive a revocable certificate of registration prior to
commencing the operation of a new massage establishment or business
or continuing the operation of an existing massage establishment or
business. The bill would authorize a city, county, or city and county
to require from an applicant, among other things, copies of
specified identification and a statement that the business will only
employ or use certified persons to provide massage services and that
failure to comply with this provision may result in the suspension or
revocation of, imposition of conditions upon, or action against the
certificate of registration. The bill would authorize a city, county,
or city and county to require a massage establishment or business to
comply with specified local ordinances, regulations, rules,
requirements, or restrictions as a condition of granting or
maintaining a revocable certificate of registration and would
authorize a city, county, or city and county to, at its sole
discretion, deny, suspend, revoke, or impose conditions upon a
certificate of registration for failure to comply with the provisions
of an ordinance adopted pursuant to these provisions.
Existing law specifies certain violations for which the council
may deny an application for a certificate or discipline a certificate
holder.
This bill would include among these violations being a sole
proprietor who fails to obtain and maintain a certificate of
registration, as specified, and being a certificate holder who works
at a business that fails to obtain and maintain a certificate of
registration and has knowledge for at least 30 days of the failure to
maintain, except as provided.
Existing law specifies that the provisions of law governing the
voluntary certification of massage practitioners and massage
therapists shall not restrict or limit the authority of a city,
county, or city and county to, among other things, adopt a local
ordinance restricting the opening of a new massage establishment in a
location in which a massage establishment has been closed due to
criminal activity.
This bill would instead specify that these provisions shall not
restrict or limit the authority of a city, county, or city and county
to adopt a local ordinance restricting the opening of a new massage
establishment in a location, or within 300 feet of a location, in
which a massage establishment has been closed due to criminal
activity in the past year.
This bill would make additional clarifying changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4612.5 is added to the
Business and Professions Code , to read:
4612.5. Notwithstanding any other law, a massage establishment or
business described in paragraph (1) of subdivision (b) of Section
4612 shall comply with the posting requirements specified in Section
52.6 of the Civil Code.
SECTION 1. Section 4601 of the Business and
Professions Code is amended to read:
4601. (a) The council shall issue a certificate under this
chapter to an applicant who satisfies the requirements of this
chapter.
(b) (1) In order to obtain certification as a massage
practitioner, an applicant shall submit a written application and
provide the council with satisfactory evidence that he or she meets
all of the following requirements:
(A) The applicant is 18 years of age or older.
(B) The applicant has successfully completed, at an approved
school, curricula in massage and related subjects, totaling a minimum
of 250 hours or the credit unit equivalent, that incorporates
appropriate school assessment of student knowledge and skills.
Included in the hours shall be instruction addressing anatomy and
physiology, contraindications, health and hygiene, and business and
ethics, with at least 100 hours of the required minimum 250 hours
devoted to these curriculum areas.
(C) 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.
(D) All fees required by the council have been paid.
(2) New certificates shall not be issued pursuant to this
subdivision after December 31, 2015. Certificates issued pursuant to
this section or subdivision (a) or (c) of Section 4604 on or before
December 31, 2015, shall, after December 31, 2015, be renewed without
any additional educational requirements, provided that the
certificate holder continues to be qualified pursuant to this
chapter.
(c) 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. Of this 500 hours, a minimum of 250 hours
shall be from approved schools. Included in the 250 hours from
approved schools shall be instruction addressing anatomy and
physiology, contraindications, health and hygiene, and business and
ethics, with at least 100 hours of the required 250 hours from
approved schools devoted to these curriculum areas. The remaining 250
hours required may be secured either from approved or registered
schools, or from continuing education providers approved by, or
registered with, the council or the Department of Consumer Affairs.
After December 31, 2015, applicants may only satisfy the curricula in
massage and related subjects 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) All fees required by the council have been paid.
(d) The council shall issue a certificate to an applicant who
meets the other qualifications of this chapter and holds a current
and valid registration, certification, or license from any other
state whose licensure requirements meet or exceed those defined
within this chapter. The council shall have discretion to give credit
for comparable academic work completed by an applicant in a program
outside of California.
(e) An applicant applying for a massage therapist certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets all of the requirements of this chapter.
(f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the council, and
shall expire unless renewed in that manner. The council may provide
for the late renewal of a certificate.
(g) (1) The council shall have the responsibility to determine
that the school or schools from which an applicant has obtained the
education required by this chapter meet the requirements of this
chapter. If the council has any reason to question whether or not the
applicant received the education that is required by this chapter
from the school or schools that the applicant is claiming, the
council shall investigate the facts to determine that the applicant
received the required education prior to issuing a certificate.
(2) For purposes of paragraph (1) and any other provision of this
chapter for which the council is authorized to receive factual
information as a condition of taking any action, the council shall
have the authority to conduct oral interviews of the applicant and
others or to make any investigation deemed necessary to establish
that the information received is accurate and satisfies any criteria
established by this chapter.
(h) The certificate issued pursuant to this chapter, as well as
any identification card issued by the council, shall be surrendered
to the council by any certificate holder whose certificate has been
suspended or revoked.
SEC. 2. Section 4603 of the Business and
Professions Code is amended to read:
4603. It is a violation of this chapter for a certificate holder
to commit, and the council may deny an application for a certificate
or discipline a certificate holder for, any of the following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted
by the council.
(d) Conviction of any felony, misdemeanor, infraction, or
municipal code violation, or liability in an administrative or civil
action, that is substantially related to the qualifications,
functions, or duties of a certificate holder, in which event the
record of the conviction or other judgment shall be conclusive
evidence of the crime or liability.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for the
issuance of a certificate.
(f) Impersonating a certified practitioner or therapist, or
permitting or allowing an uncertified person to use a certificate.
(g) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
(h) Committing any act punishable as a sexually related crime.
(i) Being a sole proprietor who fails to obtain and maintain a
certificate of registration as required by an ordinance adopted
pursuant to subdivision (e) of Section 4612.
(j) Being a certificate holder who works at a business that fails
to obtain and maintain a certificate of registration as required by
an ordinance adopted pursuant to subdivision (e) of Section 4612 and
who has knowledge for at least 30 days of that failure. A certificate
holder shall not be subject to discipline for a violation of this
subdivision if the business is making a good faith effort to obtain
or reinstate the certificate of registration.
SEC. 3. Section 4612 of the Business and
Professions Code is amended to read:
4612. (a) (1) The holder of a certificate issued pursuant to this
chapter shall have the right to practice massage, consistent with
this chapter and the qualifications established by his or her
certification, in any city, county, or city and county in this state
and shall not be required to obtain any other license, permit, or
other authorization, except as provided in this section, to engage in
that practice.
(2) A city, county, or city and county shall not enact an
ordinance that requires a license, permit, or other authorization to
provide massage for compensation by an individual who is certified
pursuant to this chapter and who is practicing consistent with the
qualifications established by his or her certification, or by a
massage business or massage establishment that employs or uses only
persons who are certified pursuant to this chapter to provide massage
for compensation, except as provided in this section. No provision
of any ordinance enacted by a city, county, or city and county that
is in effect before the effective date of this chapter, and that
requires a license, permit, or other authorization to provide massage
for compensation, may be enforced against an individual who is
certified pursuant to this chapter or against a massage business or
massage establishment that employs or uses only persons who are
certified pursuant to this chapter to provide massage for
compensation.
(3) Except as provided in subdivision (b), nothing in this section
shall be interpreted to prevent a city, county, or city and county
from adopting or enforcing any local ordinance that provides for
reasonable health and safety requirements for massage establishments
or businesses. Subdivision (b) shall not apply to any massage
establishment or business that employs or uses persons to provide
massage services who are not certified pursuant to this chapter.
(b) (1) This subdivision shall apply only to massage
establishments or businesses that are sole proprietorships, where the
sole proprietor is certified pursuant to this chapter, and to
massage establishments or businesses that employ or use only persons
certified pursuant to this chapter to provide massage services. For
purposes of this subdivision, a sole proprietorship is a business
where the owner is the only person employed by that business to
provide massage services.
(2) (A) Any massage establishment or business described in
paragraph (1) shall maintain on its premises evidence for review by
local authorities that demonstrates that all persons providing
massage services are certified.
(B) Nothing in this section shall preclude a city, county, or city
and county from including in a local ordinance a provision that
requires a business described in paragraph (1) to file copies or
provide other evidence of the certificates held by the persons who
are providing massage services at the business.
(3) A city, county, or city and county may charge a massage
business or establishment a business licensing fee that shall not
exceed the average licensing fee applied to other individuals and
businesses that provide professional services, as defined in
subdivision (a) of Section 13401 of the Corporations Code.
(4) Nothing in this section shall prohibit a city, county, or city
and county from enacting ordinances, regulations, rules,
requirements, restrictions, land use regulations, moratoria,
conditional use permits, or zoning requirements applicable to a
massage establishment or business described in paragraph (1) that is
owned by an individual or individuals certified pursuant to this
chapter. Unless otherwise exempted by this chapter, any ordinances,
regulations, rules, requirements, restrictions, land use regulations,
moratoria, conditional use permits, and zoning requirements enacted
pursuant to this paragraph shall be no different than the
requirements that are uniformly applied to at least one other class
of individuals or businesses that provide professional services, as
defined in subdivision (a) of Section 13401 of the Corporations Code.
A provision of any ordinance, regulation, rule, requirement,
restriction, land use regulation, moratoria, conditional use permit,
or zoning requirement enacted by a city, county, or city and county
that is in effect before the effective date of this chapter, and that
is inconsistent with this paragraph, shall not be enforced against a
massage establishment or business described in paragraph (1) that is
owned by an individual or individuals certified pursuant to this
chapter.
(5) Local building code or physical facility requirements
applicable to massage establishments or businesses shall not require
additional restroom, shower, or other facilities that are not
uniformly applicable to other professional or personal service
businesses, nor shall building or facility requirements be adopted
that (A) require unlocked doors when there is no staff available to
ensure security for clients and massage staff who are behind closed
doors, or (B) require windows that provide a view into massage rooms
that interfere with the privacy of clients of the massage business.
(6) A city, county, or city and county may adopt reasonable health
and safety requirements with respect to massage establishments or
businesses, including, but not limited to, requirements for
cleanliness of massage rooms, towels and linens, and reasonable
attire and personal hygiene requirements for persons providing
massage services, provided that nothing in this paragraph shall be
interpreted to authorize adoption of local ordinances that impose
additional qualifications, such as medical examinations, background
checks, or other criteria, upon any person certified pursuant to this
chapter.
(7) Nothing in this section shall preclude a city, county, or city
and county from doing any of the following:
(A) Requiring an applicant for a business license to operate a
massage business or establishment to fill out an application that
requests the applicant to provide relevant information, as long as
the information requested is the same as that required of other
individuals and professionals providing professional services as
defined in subdivision (a) of Section 13401 of the Corporations Code.
(B) Making reasonable investigations into the information so
provided.
(C) Denying or restricting a business license if the applicant has
provided materially false information.
(D) Enacting ordinances, regulations, rules, requirements,
restrictions, moratoria, and conditional use permits to regulate
massage businesses or establishments that fail to obtain or maintain
a certificate of registration as required by an ordinance adopted
pursuant to subdivision (e).
(c) An owner or operator of a massage business or establishment
who is certified pursuant to this chapter shall be responsible for
the conduct of all employees or independent contractors working on
the premises of the business. Failure to comply with this chapter may
result in revocation of the owner's or operator's certificate in
accordance with Section 4603. Nothing in this section shall preclude
a local ordinance from authorizing suspension, revocation, or other
restriction of a license or permit issued to a massage establishment
or business if violations of this chapter, or of the local ordinance,
occur on the business premises.
(d) Nothing in this section shall preclude a city, county, or city
and county from adopting a local ordinance that is applicable to
massage businesses or establishments described in paragraph (1) of
subdivision (b) and that does either of the following:
(1) Provides that duly authorized officials of the city, county,
or city and county have the right to conduct reasonable inspections,
during regular business hours, to ensure compliance with this
chapter, the local ordinance, or other applicable fire and health and
safety requirements.
(2) Requires an owner or operator to notify the city, county, or
city and county of any intention to rename, change management, or
convey the business to another person.
(e) (1) Nothing in this chapter shall preclude a city, county, or
city and county from including a provision in a local ordinance
requiring the owner or owners of a massage establishment or business
described in paragraph (1) of subdivision (b) to apply for and
receive a revocable certificate of registration prior to commencing
the operation of a new massage establishment or business, or
continuing the operation of an existing massage establishment or
business.
(2) As part of the application for a certificate of registration,
a city, county, or city and county may require the following from an
applicant:
(A) The full true name under which the massage establishment or
business will be conducted.
(B) The present or proposed address where the massage
establishment or business will be conducted.
(C) The full true legal name and mailing address of the owner or
owners of the massage establishment or business.
(D) A copy of a certificate, or any other evidence of
certification, issued to each person pursuant to this chapter who
will be providing massage services at the massage establishment or
business.
(E) A copy of a photographic government-issued identification card
of the owner or owners of the massage establishment or business.
(F) A statement that the business will only employ or use persons
certified pursuant to this chapter to provide massage services and
that failure to comply with this provision may result in the
suspension or revocation of, imposition of conditions upon, or action
against the certificate of registration.
(G) A statement that the applicant will provide written
notification of any changes to the original application within 10
days of that change occurring.
(H) Authorization for the city, county, or city and county to
investigate the truth of the information contained in the
application.
(I) The payment of a fee to conduct a background check pursuant to
Section 4613 if the owner or owners of the massage establishment or
business applying for the certificate of registration are not
certified pursuant to this chapter and own 5 percent or more of the
massage establishment or business.
(J) A copy of any lease or rental agreement executed by the
applicant for purposes of operating the massage establishment or
business.
(3) A city, county, or city and county may require a massage
establishment or business to comply with any applicable local
ordinance, regulation, rule, requirement, or restriction that
complies with subdivision (b) or (d) as a condition of granting or
maintaining a revocable certificate of registration, including, but
not limited to, those provisions pertaining to health and safety.
(4) A city, county, or city and county may exempt certain classes
of persons or businesses from compliance with the requirements for a
certificate of registration.
(5) A city, county, or city and county may make the certificate of
registration nontransferable.
(6) A city, county, or city and county may, at its sole
discretion, deny, suspend, revoke, impose conditions upon, or
otherwise act against a certificate of registration for failure to
comply with the provisions of an ordinance adopted pursuant to this
subdivision.
SEC. 4. Section 4613 of the Business and
Professions Code is amended to read:
4613. (a) Nothing in this chapter shall restrict or limit in any
way the authority of a city, county, or city and county to adopt a
local ordinance governing any person who is not certified pursuant to
this chapter.
(b) Nothing in this chapter is intended to affect the practice
rights of any person licensed by the state to practice or perform any
functions or services pursuant to that license.
(c) Nothing in this chapter shall be construed to restrict or
limit in any way the authority of a city, county, or city and county
to adopt a local ordinance restricting the opening of a new massage
establishment in a location, or within 300 feet of a location, in
which a massage establishment has been closed due to criminal
activity in the past year.
(d) Nothing in this chapter shall be construed to preclude a city,
county, or city and county from requiring a background check of an
owner or operator of a massage establishment who owns 5 percent or
more of a massage business or massage establishment and who is not
certified pursuant to this chapter. The background check may include,
but is not limited to, a criminal background check, including
requiring submission of fingerprints for a state and federal criminal
background check, and submission of an application that requires the
applicant to provide information, including, but not limited to, the
applicant's business, occupation, and employment history for the 10
years preceding the date of application, the inclusive dates of same,
and the name and address of any massage business or other like
establishment owned or operated by any person who is subject to the
background check requirement of this subdivision. If a noncertified
owner's or operator's background check discloses information that the
city, county, or city and county determines is relevant to owning or
operating a massage establishment, the city, county, or city and
county may regulate that establishment in any manner it deems proper
that is in accordance with the law.
