Bill Text: CA AB619 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Massage therapy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-08-03 - Chaptered by Secretary of State - Chapter 162, Statutes of 2011. [AB619 Detail]

Download: California-2011-AB619-Amended.html

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BILL NUMBER: AB 619	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Halderman

                        FEBRUARY 16, 2011

   An act to amend Sections 4600, 4600.5, 4601, 4601.2, 4601.3,
4601.4, 4602, 4602.5, 4603, 4603.1, 4603.5, 4604, 4612, and 4615 of,
and to add Sections 4603.7 and 4616 to, the Business and Professions
Code, relating to massage therapy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 619, as amended, Halderman. Massage therapy.
   Existing law, until January 1, 2015, provides for the voluntary
certification of massage practitioners and massage therapists by a
nonprofit Massage Therapy Organization, as defined.
   (1) Existing law requires the initial board of directors to, among
other things, establish the organization.
   This bill would specify that the Massage Therapy Organization is
to be known as the California Massage Therapy Council, as defined.
    (2) Existing law requires applicants for initial certification as
massage practitioners and massage therapists to pay a specified fee
and meet certain educational requirements, including the completion
of a certain number of hours from an approved school or pass a
specified examination.
   This bill would require those hours to be completed from a
recognized school, as defined. The bill would require certificate
holders to include certain identifying information in advertisements.

   (3)  Under existing law, a certificate applicant or
certificate holder who is denied a certificate or disciplined shall
be liable for any charges incurred, services or benefits actually
rendered, dues, assessments, or fees incurred before the denial or
discipline.   Existing law prohibits the holder of a
certificate or a certificate applicant from being disciplined or
denied a certificate unless certain procedural requirements are met.
Existing law requires actions challenging a denial or discipline to
be commenced within a year after the date of the denial or
discipline. 
   This bill would  delete that provision and would instead
authorize the council to charge applicants and certificate holders a
reasonable fee as a condition of any hearing requested by the
applicant or certificate holder for the purpose of contesting denial
of an application or discipline of a certificate holder. The bill
would  require the council to be sued only in the county of
its principal office.
   The bill would make various conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

  SECTION 1.  Section 4600 of the Business and Professions Code is
amended to read:
   4600.  As used in this chapter, the following terms shall have the
following meanings:
   (a) "Recognized school" or "recognized massage school" means a
 facility   school recognized by the council
 that meets minimum standards for training and curriculum in
massage and related subjects and that is approved by any of the
following:
   (1) The Bureau for Private Postsecondary and Vocational Education
pursuant to former Section 94739 of the Education Code prior to July
1, 2007, and as of the date on which an applicant met the
requirements of paragraph (2) of subdivision (b) or subparagraph (A)
of paragraph (2) of subdivision (c) of Section 4601.
   (2) The Department of Consumer Affairs.
   (3) An institution accredited by the Accrediting Commission for
Senior Colleges and Universities or the Accrediting Commission for
Community and Junior Colleges of the Western Association of Schools
and Colleges and that is one of the following:
   (A) A public institution.
   (B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
and that is not managed by any entity for profit.
   (C) A for-profit institution.
   (D) An institution that does not meet all of the criteria in
subparagraph (B) that is incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code,
that has been in continuous operation since April 15, 1997, and that
is not managed by any entity for profit.
   (4) A college or university of the state higher education system,
as defined in Section 100850 of the Education Code.
   (5) A school of equal or greater training that is recognized by
the corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.
   (b) "Compensation" means the payment, loan, advance, donation,
contribution, deposit, or gift of money or anything of value.
   (c) "Massage therapist," "bodyworker," "bodywork therapist," or
"massage and bodywork therapist" means a person who is certified by
the California Massage Therapy Council under subdivision (c) of
Section 4601 and who administers massage for compensation.
   (d) "Massage practitioner," "bodywork practitioner," or "massage
and bodywork practitioner" means a person who is certified by the
California Massage Therapy Council under subdivision (b) of Section
4601 and who administers massage for compensation.
   (e) "Council" means the California Massage Therapy Council created
pursuant to this chapter, which shall be a nonprofit organization
exempt from taxation under Section 501(c)(3) of Title 26 of the
United States Code. The council may commence activities as authorized
by this section once it has submitted a request to the Internal
Revenue Service seeking this exemption.
   (f) "Registered school" means a  facility 
school recognized by the council  that meets minimum standards
for training and curriculum in massage and related subjects and that
either was recognized by the Bureau for Private Postsecondary and
Vocational Education pursuant to Section 94931 of the Education Code
prior to July 1, 2007, and as of the date on which an applicant met
the requirements of paragraph (2) of subdivision (b) or subparagraph
(A) of paragraph (2) of subdivision (c) of Section 4601, or is
recognized by the Department of Consumer Affairs, by an institution
accredited by the senior commission or the junior commission of the
Western Association of Schools and Colleges as defined in paragraph
(2) of subdivision (a) of Section 4600, by a college or university of
the state higher education system as defined in Section 100850 of
the Education Code, or by a school of equal or greater training that
is approved by the corresponding agency in another state.
   (g) For purposes of this chapter, the terms "massage" and
"bodywork" shall have the same meaning.
  SEC. 2.  Section 4600.5 of the Business and Professions Code is
amended to read:
   4600.5.  (a) The California Massage Therapy Council, as defined in
subdivision (e) of Section 4600, shall be created and shall have the
responsibilities and duties set forth in this chapter. The council
may take any reasonable actions to carry out the responsibilities and
duties set forth in this chapter, including, but not limited to,
hiring staff and entering into contracts.
   (b) (1) The council shall be governed by a board of directors made
up of two representatives selected by each professional society,
association, or other entity, whose membership is comprised of
massage therapists 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 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:
   (A) One member selected by each statewide association of private
postsecondary schools incorporated on or before January 1, 2010,
whose member schools have together had at least 1,000 graduates in
each of the previous three years from massage therapy programs
meeting the approval standards set forth in subdivision (a) of
Section 4600, except from those qualifying associations that choose
not to exercise this right of selection.
   (B) One member selected by the League of California Cities, unless
that entity chooses not to exercise this right of selection.
   (C) One member selected by the California State Association of
Counties, unless that entity chooses not to exercise this right of
selection.
   (D) One member selected by the Director of Consumer Affairs,
unless that entity chooses not to exercise this right of selection.
   (E) One member appointed by the California Community College
Chancellor's Office, 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.
   The council's bylaws shall establish a process for appointing
other professional directors as determined by the board.
   (2) The initial board of directors shall establish the council,
initiate the request for tax-exempt status from the Internal Revenue
Service, and solicit input from the massage community concerning the
operations of the council. The initial board of directors, in its
discretion, may immediately undertake to issue the certificates
authorized by this chapter after adopting the necessary bylaws or
other rules, or may establish by adoption of bylaws the permanent
governing structure prior to issuing certificates.
   (c) 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 shall be
established by the board of directors annually.
   (d) 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).
  SEC. 3.  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 organization 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 a single 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.
   (C) All fees required by the organization 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. Of this 500
hours, a minimum of 250 hours shall be from recognized schools. The
remaining 250 hours required may be secured either from recognized or
registered schools, or from continuing education providers
recognized 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 recognized
schools.
   (B) 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 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 organization 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 organization 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 organization 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.
  SEC. 4.  Section 4601.2 of the Business and Professions Code is
amended to read:
   4601.2.  No certificates shall be issued by the council pursuant
to this chapter prior to September 1, 2009.
  SEC. 5.  Section 4601.3 of the Business and Professions Code is
amended to read:
   4601.3.  (a) Prior to issuing a certificate to the applicant or
designating a custodian of records, the council shall require the
applicant or the custodian of records candidate to submit fingerprint
images in a form consistent with the requirements of this section.
The council shall submit the fingerprint images and related
information to the Department of Justice for the purpose of obtaining
information as to the existence and nature of a record of state and
federal level convictions and of state and federal level arrests for
which the Department of Justice establishes that the applicant or
candidate was released on bail or on his or her own recognizance
pending trial. Requests for federal level criminal offender record
information received by the Department of Justice pursuant to this
section shall be forwarded to the Federal Bureau of Investigation by
the Department of Justice. The Department of Justice shall review the
information returned from the Federal Bureau of Investigation, and
shall compile and disseminate a fitness determination regarding the
applicant or candidate to the council.
   (b) The Department of Justice shall provide information to the
council pursuant to subdivision (p) of Section 11105 of the Penal
Code.
   (c) The Department of Justice and the council shall charge a fee
sufficient to cover the cost of processing the request for state and
federal level criminal offender record information.
   (d) The council shall request subsequent arrest notification
service from the Department of Justice, as provided under Section
11105.2 of the Penal Code, for all applicants for licensure or
custodian of records candidates for whom fingerprint images and
related information are submitted to conduct a search for state and
federal level criminal offender record information.
   (e) This section shall become operative September 1, 2009.
  SEC. 6.  Section 4601.4 of the Business and Professions Code is
amended to read:
   4601.4.  Council directors, employees, or volunteer individuals
may undergo the background investigation process delineated in
Section 4601.3.
  SEC. 7.  Section 4602 of the Business and Professions Code is
amended to read:
   4602.  (a) The council may discipline a certificate holder by any,
or a combination, of the following methods:
   (1) Placing the certificate holder on probation.
   (2) Suspending the certificate and the rights conferred by this
chapter on a certificate holder for a period not to exceed one year.
   (3) Revoking the certificate.
   (4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
   (5) Taking other action as the council, as authorized by this
chapter or its bylaws, deems proper.
   (b) The council may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.
   (c) (1) Notwithstanding any other provision of 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
subdivision (h) of Section 4603, the council shall take all of the
following actions:
   (A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
   (B) Notify the certificate holder within 10 days at the address
last filed with the council that the certificate has been suspended,
and the reason for the suspension.
   (C) Notify any business within 10 days that the council has in its
records as employing the certificate holder that the certificate has
been suspended.
   (2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The council
shall provide notice to the certificate holder within 10 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 that the conviction is either invalid or that
the information is otherwise erroneous.
   (3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
  SEC. 8.  Section 4602.5 of the Business and Professions Code is
amended to read:
   4602.5.  (a) Upon the request of any law enforcement agency or any
other representative of a local government agency with
responsibility for regulating, or administering a local ordinance
relating to, massage or massage businesses, the council shall provide
information concerning a certificate holder, including, but not
limited to, the current status of the certificate, any history of
disciplinary actions taken against the certificate holder, the home
and work addresses of the certificate holder, and any other
information in the council's possession that is necessary to verify
facts relevant to administering the local ordinance.
   (b) The council shall accept information provided by any law
enforcement agency or any other representative of a local government
agency with responsibility for regulating, or administering a local
ordinance relating to, massage or massage businesses. The council
shall have the responsibility to review any information received and
to take any actions authorized by this chapter that are warranted by
that information.
  SEC. 9.  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, or conviction of a misdemeanor that
is substantially related to the qualifications or duties of a
certificate holder, in which event the record of the conviction shall
be conclusive evidence of the crime.
   (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.
  SEC. 10.  Section 4603.1 of the Business and Professions Code is
amended to read:
   4603.1.  (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 4603 except
according to procedures satisfying the requirements of this section.
A denial or discipline not in accord with this section or subdivision
(c) of Section 4602 shall be void and without effect.
   (b) Any certificate applicant denial or certificate holder
discipline shall be done in good faith and in a fair and reasonable
manner. Any procedure that conforms to the requirements of
subdivision (c) is fair and reasonable, but a court may also find
other procedures to be fair and reasonable when the full
circumstances of the certificate denial or certificate holder
discipline are considered.
   (c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 4602 are followed, or if all of the
following apply:
   (1) The provisions of the procedure have been set forth in the
articles or bylaws, or copies of those provisions are sent annually
to all the members as required by the articles or bylaws.
   (2) It provides the giving of 15 days prior notice of the
certificate denial or certificate holder discipline and the reasons
therefor.
   (3) It provides an opportunity for the certificate applicant or
certificate holder to be heard, orally or in writing, not less than
five days before the effective date of the certificate denial or
certificate holder discipline by a person or body authorized to
decide that the proposed certificate denial or certificate holder
discipline not take place.
   (d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the council's records.
   (e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
   (f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section. 
   (g) The council may charge applicants and certificate holders a
reasonable fee as a condition of any hearing requested by the
applicant or certificate holder for the purpose of contesting denial
of an application or discipline of a certificate holder. The council
shall be sued only in the county of its principal office. 

   (g) A certificate applicant or certificate holder who is denied or
disciplined shall be liable for any charges incurred, services or
benefits actually rendered, dues, assessments, or fees incurred
before the certificate denial or certificate holder discipline or
arising from contract or otherwise.  
   (h) The council shall be sued only in the county of its principal
office. 
  SEC. 11.  Section 4603.5 of the Business and Professions Code is
amended to read:
   4603.5.  It shall be the responsibility of any certificate holder
to notify the council of his or her home address, as well as the
address of any business establishment where he or she regularly works
as a massage therapist or massage practitioner, whether as an
employee or as an independent contractor. A certificate holder shall
notify the council within 30 days of changing either his or her home
address or the address of the business establishment where he or she
regularly works as a massage therapist or massage practitioner.
  SEC. 12.  Section 4603.7 is added to the Business and Professions
Code, to read:
   4603.7.  A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
  SEC. 13.  Section 4604 of the Business and Professions Code is
amended to read:
   4604.  (a) Notwithstanding Section 4601, the council may grant a
massage practitioner certificate to any person who applies on or
before January 1, 2012, with one of the following:
   (1) A current valid massage permit or license from a California
city, county, or city and county and documentation evidencing that
the person has completed at least a 100-hour course in massage at a
recognized or registered school, or out-of-state school recognized by
the council as providing comparable education, has been practicing
for at least three years, and has provided at least 1,000 hours of
massage to members of the public for compensation.
   (2) Documentation evidencing that the person has completed at
least a 100-hour course in massage at a recognized or registered
school, or out-of-state school recognized by the council as providing
comparable education, has been practicing for at least three years,
and has provided at least 1,750 hours of massage to members of the
public for compensation. For purposes of this subdivision, evidence
of practice shall include either of the following:
   (A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
   (B) Tax returns indicating self-employment as a massage
practitioner or massage therapist or any other title that may
demonstrate experience in the field of massage.
   (3) Documentation evidencing that the person holds a current valid
certificate of authorization as an instructor at a recognized
massage school, or holds the position of a massage instructor at a
school accredited by an agency recognized by the United States
Department of Education, or colleges and universities of the state
higher education system, as defined in Section 100850 of the
Education Code.
   (b) (1) After reviewing the information submitted under
subdivision (a), the council may require additional information
necessary to enable it to determine whether to issue a certificate.
   (2) If an applicant under paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (c) has not complied with Section
4601.3, or its equivalent, when obtaining a license or permit from
the city, county, or city and county, the council shall require the
applicant to comply with Section 4601.3 prior to issuing a
certificate pursuant to this section.
   (c) (1) A person applying for a massage practitioner certificate
on or before January 1, 2012, who meets the educational requirements
of either paragraph (1) or (2) of subdivision (a), but who has not
completed the required number of practice hours prior to submitting
an application pursuant to this section, may apply for a conditional
certificate.
                                           (2) An applicant for a
conditional certificate shall, within five years of being issued the
conditional certificate, be required to complete at least 30 hours of
additional education per year from schools or courses described in
paragraph (5) until he or she has completed a total of at least 250
hours of education, which may include massage education hours
previously completed in a massage course described in either
paragraph (1) or (2) of subdivision (a).
   (3) Upon successful completion of the requirements of this
subdivision, the council shall issue a certificate to the person that
is not conditional.
   (4) A conditional certificate issued to any person pursuant to
this subdivision shall immediately be nullified, without need for
further action by the council, if the time period specified in
paragraph (2) expires without proof of completion of the requirements
having been filed with the council.
   (5) Any additional education required by this section may be
completed through courses provided by any of the following:
   (A) A recognized school.
   (B) A registered school.
   (C) A provider approved by, or registered with, the council or the
Department of Consumer Affairs.
   (D) A provider that establishes to the satisfaction of the council
that its course or courses are appropriate educational programs for
this purpose.
   (d) Nothing in this section shall preclude the council from
exercising any power or authority conferred by this chapter with
respect to a conditional certificate holder.
  SEC. 14.  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) Notwithstanding any other provision of law, a city, county, or
city and county shall not enact an ordinance that requires a
license, permit, or other authorization to practice massage by an
individual who is certified pursuant to this chapter and who is
practicing consistent with the qualifications established by his or
her certification. 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 practice massage, may be enforced against an
individual who is certified pursuant to this chapter.
   (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 governing zoning,
business licensing, and 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 sufficient to
cover the costs of the business licensing activities established by a
local ordinance described in this section.
   (4) Nothing in this section shall prohibit a city, county, or city
and county from adopting land use and zoning requirements applicable
to massage establishments or businesses, provided that these
requirements shall be no different than the requirements that are
uniformly applied to other professional or personal services
businesses.
   (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
assure 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.
   (B) Making reasonable investigations into the information so
provided.
   (C) Denying or restricting a business license if the applicant has
provided materially false information.
   (c) An owner or operator of a massage business or establishment
subject to subdivision (b) shall be responsible for the conduct of
all employees or independent contractors working on the premises of
the business. Failure to comply with this provision 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.
  SEC. 15.  Section 4615 of the Business and Professions Code is
amended to read:
   4615.  This chapter shall be subject to the review required by
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of the Government Code.
  SEC. 16.  Section 4616 is added to the Business and Professions
Code, to read:
   4616.  This chapter shall be liberally construed to effectuate its
purposes. If any provision of this chapter or the application
thereof to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.