BILL NUMBER: AB 1147 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 14, 2014
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 add Section 4612.5 to amend
Section 4601 of 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 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.
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.
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.
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 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.
(C)
(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 satisfies at least one of the following
requirements:
(A) He or she 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. 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.
(B) The applicant has done both of the following:
(i) Successfully completed, at an approved school, curricula in
massage and related subjects totaling a minimum of 250 hours 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.
(ii) Passed a massage and bodywork competency assessment
examination that meets generally recognized psychometric principles
and standards, and that is approved by the board. The successful
completion of this examination may have been accomplished before the
date the council is authorized by this chapter to begin issuing
certificates.
(3) 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 license.
(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.
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.