Bill Text: CA AB2793 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2793 (Prior Session Legislation)

Bill Title: Local government: business license: massage: bowenwork.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-05-09 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2793 Detail]

Download: California-2015-AB2793-Amended.html

BILL NUMBER: AB 2793	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 19, 2016

   An act to  amend   add  Section 
51033 of   51033.5 to  the Government Code,
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2793, as amended, Jones. Local government: business license:
massage: bowenwork.
   Existing law, the Massage Therapy Act, provides for the voluntary
certification of the practice of massage therapy by the California
Massage Therapy Council. Existing law authorizes a city, county, or
city and county to license, regulate, prohibit, or permit an
individual who provides massage for compensation without a
certificate.
   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  an
  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.
   This bill would  provide that those ordinance provisions
do not apply to a person practicing bowenwork who has been certified
by a professional organization, as provided. By requiring a local
legislative body to determine whether a person practicing bowenwork
satisfies the requirements for exemption, the bill would impose a
state-mandated local program.   state that the business
of massage does not include bowenwork.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 51033.5 is added to the 
 Government Code  , to read:  
   51033.5.  The business of massage does not include bowenwork.
 
  SECTION 1.    Section 51033 of the Government Code
is amended to read:
   51033.  (a) This chapter does not apply to cosmetologists,
barbers, or to persons licensed to practice any healing art pursuant
to Division 2 (commencing with Section 500) of the Business and
Professions Code or the Chiropractic Act when engaging in this
practice within the scope of his or her license.
   (b) Notwithstanding any other provision of law, this chapter shall
apply to an independent contractor of any person described in
subdivision (a) if the independent contractor is engaged in, or is
purported to be engaged in, the business of massage.
   (c) This chapter does not apply to a person practicing bowenwork
who has been certified by a professional organization. A person
practicing bowenwork does not practice massage therapy and limits
bowenwork practice to one or more of the following practices:
   (1) Using touch, words, and directed movement to deepen awareness
of existing patterns of movement and suggest new possibilities of
movement.
   (2) Using minimal touch over specific points on the body to
facilitate balance in the nervous system.
   (3) Using touch to affect the energy systems, channels, or energy
of the body.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.