HomeMy WebLinkAboutAB 1822 Swanson - Massage Therapy a� �
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CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE
ACTION ON AB 1822 (SWANSON) AT ITS MEETING OF MARCH
30, 2010
DATE: April 22, 2010
CONTENTS: AB 1822 Language
Recommendation
By Minute Motion, concur with the action taken by the Legislative Review
Committee at its meeting of March 30, 2010, and direct staff to prepare a
letter of support for the Mayor's signature with regard to AB 1822 (Swanson)
relating to massage therapy.
Committee Recommendation
The Legislative Review Committee directed staff to prepare a letter of support to AB 1822.
Backqround
State law currently regulates massage therapy as a profession until January 2016. If
passed this bill would allow the City to utilize the State monitored regulatory system for
licensing massage therapists for local oversight now and after January 2016. The City
currently has been trying to regulate the operation of massage parlors and this bill would
provide a tool for the City to be able to identify those individuals who are serious and
professional message therapists from those who are not. It also provides local law
enforcement agencies the ability to coordinate with the Department of Justice to generate a
fitness determination and fingerprinting file for an individual massage therapist. Support for
this bill can help move the bill towards passage.
Fiscal Analvsis
CITY CQT_JNCILACTI()N
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J . WOHLMUTH Qriginal on File with City Clcrk's Oftice
T MANAGER
AMENDED IN ASSEMBLY APRIL 5, 2010
CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL No. 1822
Introduced by Assembly Member Swanson
February 11, 2010
An act to amend Sections 4600.5, 4601, 4601.3, 4601.4, 4603.1,
4605, 4606,and 4612 of,to add Section 4600.1 to,and to add Chapter
10.5 (commencing with Section 4600.1)to Division 2 of,the Business
and Professions Code, --�' `- -'�' "--`=�- `"'' ,` `� `'-- n----, '-'--'-,
relating to massage therapy, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1822, as amended, Swanson. Massage therapy.
Existing law, until January 1, 2016, provides for the voluntary
certification of massage practitioners and massage therapists by a
nonprofit Massage Therapy Organization, as defined, and imposes
certain duties on that organization. Existing law,until January 1,2016,
requires an applicant for certification to be 18 years of age or older, to
meet specified educational criteria,to provide specified information to
the organization, to provide fingerprints for submission by the
organization to the Department of Justice for state and federal criminal
background checks, and to pay the fees required by the organization.
Existing law requires the Department of Justice to conduct a criminal
background check on every applicant and to provide to the organization
fitness determinations and certain other information regarding an
applicant. Existing law,until January 1, 2016, allows the organization
to take certain disciplinary action against certificate holders and requires
the organization to take certain action with regard to suspending or
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AB 1822 —2—
revoking a certificate if the certificate holder has been arrested for,and
charged with, specified sex-related crimes. Existing law makes it an
unfair business practice for a person to state,advertise,or represent that
he or she is certified or licensed by a governmental agency as a massage
therapist or practitioner, or to make other false representations, as
specified.Existing law prohibits a city,county,or city and county from
enacting an ordinance that requires a certificate holder to obtain any
other license, permit, or other authorization to engage in the practice
of massage. Notwithstanding that prohibition, existing law authorizes
a city, county, or city and county to adopt and enforce any local
ordinance governing zoning,business licensing, and reasonable health
and safety requirements for massage establishments or businesses.
Existing law also exempts from certain local regulations sole
proprietorships, as defined, and massage establishments or businesses
that only employ persons who are certified.
This bill would, until January l, 2016, require any person who
administers massage for compensation to be certified by the nonprofit
Massage Therapy Organization or certified, registered, or licensed by
a city,county,or city and county.On and after January 1,2016,the bill
would require any person who administers massage for compensation
to be certified, registered, or licensed by a city, county, or city and
county, which certification, registration, or licensure would be
administered and regulated by the city, county, or city and county for
a specified fee,thereby imposing a state-mandated local program. The
bill would also authorize a city, county, or city and county to require
any person who administers massage or who owns a massage
establishment or business to hold a business license or massage
establishment permit or both.
, .
This bill would also transfer specified duties from the Massage
Therapy Organization to local law enforcement agencies.The bill would
require an applicant for certification by the organization to provide his
or her fingerprints to the local law enforcement agency in the city,
county,or city and county in which the applicant will be administering
massage for submission to the Department of Justice for the requisite
state and federal criminal background checks. The bill would require
the Department of Justice to provide to the local law enforcement agency
the fitness determination regarding the applicant,and would require the
local law enforcement agency to conduct a local investigation related
98
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to the fitness of the applicant. By imposing additional duties on local
law enforcement agencies,the bill would impose a state-mandated local
program. The bill would require the Department of Justice and local
law enforcement agencies to charge a reasonable fee sufficient to cover
those costs. The bill would require the organization to establish a
standardized form for statewide use for purposes of the fingerprinting
requirements.
This bill would require local law enforcement agencies to approve
or disapprove applicants for certification by the organization,and would
prohibit the organization from providing certification upon disapproval.
The bill would allow an applicant to appeal a denial of certification,
and would provide a specified procedure for that appeal.The bill would
make it an unfair business practice for a person to state, advertise, or
represent that he or she is certified by a governmental entity or the
Massage Therapy Organization unless that representation is true. The
bill would make other conforming changes,including to those provisions
that exempted from certain local regulations sole proprietorships and
massage establishments or businesses that only employ persons who
are certified.
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.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. It is the intent ofthe Legislature to clarify existing
2 law with regard to the authority of a city,county,ar city and county
3 to enforce local regulations in connection with massage
4 establishments and businesses. It is further the intent of the
5 Legislature to provide greater authority to local law enforcement
6 agencies in connection with the certification of persons who
7 administer massage for compensation, and to provide for the
8 continuation of local regulation upon the inoperative date of the
9 current regulatory scheme.
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AB 1822 —4—
1 SEC.2. Section 4600.1 is added to the Business and Professions
2 Code,to read:
3 4600.1. (a) Any person who administers massage for
4 compensation shall hold at least one of the following:
5 (1) A certificate issued pursuant to this chapter.
6 (2) A certificate,registration, ar license to administer massage
7 issued by the city, county, or city and county in which the person
8 will be administering massage.
9 (b) Notwithstanding subdivision (a) or any other provision of
10 this chapter, any city, county, or city and county may require any
11 person who administers massage for compensation, or who owns
12 a massage establishment or business,to also hold a business license
13 or a massage establishment permit or both.
14 (c) Local law enforcement may enforce any local ordinance that
15 requires a certificate, registration, license, or permit as provided
16 in this section.
17 (d) r�-It shall be unlawful,for any person who administers
18 massage for compensation --�i� to fail to comply with the
19 requirements specified in subdivision(a), o�s to fail to hold a
20 business license or a massage establishment permit in a jurisdiction
21 that requires an additional license or permit pursuant to subdivision
22 (b), .
23 ,.ra... n..�..� r�a....
24 SEC. 3. Section 4600.5 of the Business and Professions Code
25 is amended to read:
26 4600.5. (a) A Massage Therapy Organization, as defined in
27 subdivision (e) of Section 4600, shall be created and shall have
28 the responsibilities and duties set forth in this chapter, subject to
29 the limitations imposed under Section 4601.3. The organization
30 may take any reasonable actions to carry out the responsibilities
31 and duties set forth in this chapter, including, but not limited to,
32 hiring staff and entering into contracts.
33 (b) (1) The organization shall be governed by a board of
34 directors made up of two representatives selected by each
35 professional society, association, or other entity, whose
36 membership is comprised of massage therapists and that chooses
37 to participate in the organization.To qualify,a professional society,
38 association, or other entity shall have a dues-paying membership
39 in California of at least 1,000 individuals for the last three years,
40 and shall have bylaws that require its members to comply with a
9s
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1 code of ethics. The board of directors shall also include each of
2 the following persons:
3 (A) One member selected by each statewide association of
4 private postsecondary schools incorporated on or before January
5 1, 2010, whose member schools have together had at least 1,000
6 graduates in each of the previous three years from massage therapy
7 programs meeting the approval standards set forth in subdivision
8 (a)of Section 4600,except from those qualifying associations that
9 choose not to exercise this right of selection.
10 (B) One member selected by the League of California Cities,
11 unless that entity chooses not to exercise this right of selection.
12 (C) One member selected by the California State Association
13 of Counties,unless that entity chooses not to exercise this right of
14 selection.
15 (D) One member selected by the Director of Consumer Affairs,
16 unless that entity chooses not to exercise this right of selection.
17 (E) One member appointed by the California Community
18 College Chancellor's Office, unless that entity chooses not to
19 exercise this right of selection.The person appointed,if any, shall
20 not be part of any massage therapy certificate or degree program.
21 The organization's bylaws shall establish a process for appointing
22 other professional directors as determined by the board.
23 (2) The initial board of directors shall establish the organization,
24 initiate the request for tax-exempt status from the Internal Revenue
25 Service,and solicit input from the massage community concerning
26 the operations of the organization. The initial board of directors,
27 in its discretion,may immediately undertake to issue the certificates
28 authorized by this chapter after adopting the necessary bylaws or
29 other rules,or may establish by adoption of bylaws the permanent
30 governing structure prior to issuing certificates.
31 (c) The board of directors shall establish fees reasonably related
32 to the cost of providing services and carrying out its ongoing
33 responsibilities and duties. Initial and renewal fees shall be
34 established by the board of directors annually.
35 (d) The meetings ofthe organization shall be subject to the rules
36 of the Bagley-Keene Open Meeting Act (Article 9 (commencing
37 with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
38 2 of the Government Code).
39 SEC. 4. Section 4601 of the Business and Professions Code is
40 amended to read:
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AB 1822 —6—
1 4601. (a) The organization shall issue a certificate under this
2 chapter to an applicant who satisfies the requirements of this
3 chapter, subject to the limitations imposed under Section 4601.3.
4 (b) (1) In order to obtain certification as a massage practitioner,
5 an applicant shall submit a written application and provide the
6 organization with satisfactory evidence that he or she meets all of
7 the following requirements:
8 (A) The applicant is 18 years of age or older.
9 (B) The applicant has successfully completed, at a single
10 approved school,curricula in massage and related subjects totaling
11 a minimum of 250 hours that incorporates appropriate school
12 assessment of student knowledge and skills.Included in the hours
13 shall be instruction addressing anatomy and physiology,
14 contraindications, health and hygiene, and business and ethics,
I S with at least 100 hours of the required minimum 250 hours devoted
16 to these curriculum areas.
17 (C) All fees required by the organization have been paid.
18 (2) New certificates shall not be issued pursuant to this
19 subdivision after December 31, 20l 5.
20 (c) In order to obtain certification as a massage therapist, an
21 applicant shall submit a written application and provide the
22 organization with satisfactory evidence that he or she meets all of
23 the following requirements:
24 (1) The applicant is 18 years of age or older.
25 (2) The applicant satisfies at least one of the following
26 requirements:
27 (A) He or she has successfully completed the curricula in
28 massage and related subjects totaling a minimum of 500 hours.Of
29 this 500 hours, a minimum of 250 hours shall be from approved
30 schools. The remaining 250 hours required may be secured either
31 from approved or registered schools,or from continuing education
32 providers approved by, or registered with,the organization ar the
33 Department of Consumer Affairs.
34 (B) The applicant has passed a massage and bodywork
35 competency assessment examination that meets generally
36 recognized psychometric principles and standards, and that is
37 approved by the board. The successful completion of this
38 examination may have been accomplished before the date the
39 organization is authorized by this chapter to begin issuing
40 certificates.
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1 (3) All fees required by the organization have been paid.
2 (d) The organization shall issue a certificate to an applicant who
3 meets the other qualifications of this chapter and holds a current
4 and valid registration,certification,or license from any other state
5 whose licensure requirements meet or exceed those defined within
6 this chapter. The organization shall have discretion to give credit
7 for comparable academic work completed by an applicant in a
8 program outside of California.
9 (e) An applicant applying for a massage therapist or massage
10 practitioner certificate shall file with the organization a written
11 application provided by the organization, showing to the
12 satisfaction of the organization that he or she meets all of the
13 requirements of this chapter.
14 (fl Any certification issued under this chapter shall be subject
15 to renewal every two years in a manner prescribed by the
16 organization,and shall expire unless renewed in that manner.The
17 organization may provide for the late renewal of a certificate.
18 (g) (1) The organization shall have the responsibility to
19 determine that the school or schools from which an applicant has
20 obtained the education required by this chapter meet the
21 requirements of this chapter. If the organization has any reason to
22 question whether or not the applicant received the education that
23 is required by this chapter from the school or schools that the
24 applicant is claiming, the organization shall investigate the facts
25 to determine that the applicant received the required education
26 prior to issuing a certificate.
27 (2) For purposes of paragraph (1) and any other provision of
28 this chapter for which the organization is authorized to receive
29 factual information as a condition of taking any action, the
30 organization shall have the authority to conduct oral interviews of
31 the applicant and others or to make any investigation deemed
32 necessary to establish that the information received is accurate and
33 satisfies any criteria established by this chapter.
34 SEC. 5. Section 4601.3 of the Business and Professions Code
35 is amended to read:
36 4601.3. (a) Prior to issuing a certificate to the applicant, the
37 organization shall require the applicant to submit to the local law
38 enforcement agency, in the city, county, or city and county in
39 which the applicant will be administering massage, fingerprint
40 images in a form consistent with the requirements of this section.
98
AB 1822 —8—
1 The local law enforcement agency shall submit the fingerprint
2 images and related information to the Deparhnent of Justice for
3 the purpose of obtaining information as to the existence and nature
4 of a record of state and federal level convictions and of state and
5 federal level arrests for which the Department of Justice establishes
6 that the applicant was released on bail or on his or her own
7 recognizance pending trial. Requests for federal level criminal
8 offender record information received by the Department of Justice
9 pursuant to this section shall be forwarded to the Federal Bureau
10 of Investigation by the Department of Justice.The Department of
I 1 Justice shall review the information returned from the Federal
12 Bureau of Investigation,and shall compile and disseminate a fitness
13 determination regarding the applicant to the local law enforcement
14 agency.
15 (b) The Department of Justice shall provide information to the
16 local law enforcement agency pursuant to Section 11105 of the
17 Penal Code.
18 (c) The Department of Justice and the local law enforcement
19 agency shall charge a reasonable fee sufficient to cover the cost
20 of processing the request for state and federal level criminal
21 offender record information and the cost of the local investigation
22 conducted under subdivision(e).
23 (d) The local law enforcement agency shall request subsequent
24 arrest notification service from the Department of Justice, as
25 provided under Section 11105.2 of the Penal Code, for all
26 applicants for certification for whom fingerprint images and related
27 information are submitted to conduct a search for state and federal
28 level criminal offender record information.
29 (e) In addition to the state and federal background checks
30 conducted by the Deparhnent of Justice,the local law enforcement
31 agency shall conduct a local investigation by compiling local arrest
32 records and other information related to the fitness of the applicant.
33 (� After conducting the background checks and investigation
34 under this section, the local law enforcement agency shall assess
35 the fitness of the applicant and make a determination as to whether
36 a certificate shall be issued to the applicant, subject also to
37 satisfactory qualification under Section 4601. If the local law
38 enforcement agency approves the applicant for certification, the
39 organization shall issue a certificate to the applicant, unless the
40 organization determines there are other grounds for disapproval,
98
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1 as described in Section 4603. If the local law enforcement agency
2 disapproves the applicant for certification, the organization shall
3 not iss:ue a certificate to that applicant, and the organization shall
4 ensure compliance with the procedures specified in Section 4603.1.
5 An applicant denied certification pursuant to this section may
6 appeal that denial pursuant to the procedures specified in Section
7 4603.1.
8 (g) As soon as practicable after enactment of the act adding this
9 subdivision, the organization shall establish a standardized form
10 for statewide use that describes the fingerprinting requirements
11 imposed under this section and what information shall be submitted
12 by an applicant to the local law enforcement agency, which shall
13 include,at a minimum,name,date of birth,social security number,
14 driver's license number, residence history, employment history,
I S criminal arrest, conviction, or abatement history, two passport
16 quality photographs,his or her live scan fingerprints,the specified
17 local law enforcement fee, and any other information the
18 Department of Justice needs to conduct criminal background
19 checks. No local law enforcement agency may require that an
20 applicant use any othzr form when submitting his or her
21 fingerprints pursuant to subdivision (a), unless the organization
22 fails to comply with this subdivision.
23 (h) This section applies only to the certification process
24 established under this chapter. This section does not affect any
25 procedures established by a city, county, or city and county
26 pursuant to paragraph(2) of subdivision(a) of or subdivision(b)
27 of Section 4600.1.
28 SEC. 6. Section 4601.4 of the Business and Professions Code
29 is amended to read:
30 4601.4. Organization directors, employees, or volunteer
31 individuals may undergo a background investigation process
32 pursuant to subdivision (p) of Section 11105 of the Penal Code,
33 at organizational expense.
34 SEC. 7. Section 4603.1 of the Business and Professions Code
35 is amended to read:
36 4603.1. (a) No certificate holder or certificate applicant may
37 be disciplined or denied a certificate pursuant to Section 4601.3
38 or 4603 except according to procedures satisfying the requirements
39 of this section.A denial or discipline not in accord with this section
40 or subdivision(c)of Section 4602 shall be void and without effect.
98
AB 1822 —10—
1 (b) Any certificate applicant denial or certificate holder
2 discipline shall be done in good faith and in a fair and reasonable
3 maiuler. Any procedure that conforms to the requirements of
4 subdivision (c) is fair and reasonable, but a court may also find
5 other procedures to be fair and reasonable when the full
6 circumstances of the certificate denial ar certificate holder
7 discipline are considered.
8 (c) A procedure is fair and reasonable when the procedures in
9 subdivision (c) of Section 4602 are followed, or if all of the
10 following apply:
11 (1) The provisions of the procedure have been set forth in the
12 articles or bylaws and copies of those provisions are sent annually
13 to all certificate holders.
14 (2) It provides the giving of 15 days prior notice of the certificate
15 denial or certificate holder discipline and the reasons therefor.
16 (3) It provides an opportunity for the certificate applicant or
17 certificate holder to be heard, orally or in writing, not less than
18 five days before the effective date of the certificate denial or
19 certificate holder discipline by a person or body authorized to
20 decide that the proposed certificate denial or certificate holder
21 discipline not take place.
22 (d) Any notice required under this section may be given by any
23 method reasonably calculated to provide actual notice.Any notice
24 given by mail must be given by first-class or certified mail sent to
25 the last address of the certificate applicant or certificate holder
26 shown on the organization's records.
27 (e) Any action challenging a certificate denial or certificate
28 holder discipline, including any claim alleging defective notice,
29 shall be commenced within one year after the date of the certificate
30 denial ar certificate holder discipline. If the action is successful,
31 the court may order any relief,including reinstatement,that it finds
32 equitable under the circumstances.
33 (fl This section governs only the procedures for certificate denial
34 or certificate holder discipline and not the substantive grounds
35 therefor.A certificate denial or certificate holder discipline based
36 upon substantive grounds that violates contractual or other rights
37 of the member or is otherwise unlawful is not made valid by
38 compliance with this section.
39 (g) A certificate applicant or certificate holder who is denied or
40 disciplined shall be liable for any charges incurred, services or
98
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1 benefits actually rendered, dues, assessments, or fees incurred
2 before the certificate denial or certificate holder discipline or arising
3 from contract or otherwise.
4 (h) The organization may only grant an appeal of the denial of
5 a certificate under Section 46013 if there is clear and convincing
6 evidence that the certificate applicant is not a threat to the public
7 health and safety.
8 SEC. 8. Section 4605 of the Business and Professions Code is
9 amended to read:
10 4605. (a) It is an unfair business practice for any person to
11 state or advertise or put out any sign or card or other device,or to
12 represent to the public through any print or electronic media,that
13 he or she is certified, registered, or licensed by a governmental
14 entity as a massage therapist or massage practitioner unless that
l 5 representation is true pursuant to paragraph(2) of subdivision(a)
16 of Section 4600.1.
l7 (b) It is an unfair business practice for any person to state or
18 advertise or put out any sign or card or other device,or to represent
19 to the public through any print or electronic media,that he or she
20 is certified by the organization as a massage therapist or massage
21 practitioner unless that representation is true pursuant to paragraph
22 (1) of subdivision(a) of Section 4600.1.
23 SEC. 9. Section 4606 of the Business and Professions Code is
24 amended to read:
25 4606. It is an unfair business practice for any person to hold
26 oneself out or use the title of "certified massage therapist" or
27 "certified massage practitioner" or any other term, such as
28 "licensed," "registered," or "CMT," that implies or suggests that
29 the person is certified as a massage therapist or practitioner without
30 meeting the requirements of Section 4600.1, 4601, or 4604.
31 SEC. 10. Section 4612 of the Business and Professions Code
32 is amended to read:
33 4612. (a) (1) The holder of a certificate issued pursuant to
34 this chapter shall have the right to practice massage, consistent
35 with this chapter and the qualifications established by his or her
36 certification, in any city, county, or city and county in this state
37 and shall not be required to obtain any other license, permit, or
38 other authorization, except as provided in this section or
39 subdivision(b) of Section 4600.1,to engage in that practice.
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AB 1822 —12—
1 (2) Notwithstanding any other provision of law, a city, county,
2 or city and county shall not enact an ordinance that requires a
3 license, permit, or other authorization to practice massage by an
4 individual who is certified pursuant to this chapter and who is
5 practicing consistent with the qualifications established by his or
6 her certification, except as provided in subdivision(b) of Section
7 4600.1. No provision of any ordinance enacted by a city, county,
8 or city and county that is in effect before the effective date of this
9 chapter,and that requires a license,permit, or other authorization
10 to practice massage, may be enforced against an individual who
ll is certified pursuant to this chapter, except as provided in
12 subdivisions (b) and(c) of Section 4600.1.
13 (3) Nothing in this section shall be interpreted to prevent a city,
14 county, or city and county from adopting or enforcing any local
15 ordinance governing zoning, business licensing, and reasonable
16 health and safety requirements for massage establishments or
l7 businesses.
18 (b) (1) This subdivision shall apply to every massage
19 establishment or business that provides massage services.
20 (2) (A) Every massage establishment or business shall maintain
21 on its premises evidence for review by local authorities that
22 demonstrates that all persons providing massage services are
23 certified or licensed.
24 (B) Nothing in this section shall preclude a city,county,or city
25 and county from including in a local ordinance a provision that
26 requires a massage establishment or business to file copies or
27 provide other evidence of the certificates or licenses held by the
28 persons who are providing massage services at the massage
29 establishment or business.
30 (3) A city, county, or city and county may charge a massage
31 establishment or business a business licensing fee sufficient to
32 cover the costs of the business licensing activities established by
33 a local ordinance described in this section.
34 (4) Nothing in this section shall prohibit a city, county, or city
35 and county from adopting land use and zoning requirements
36 applicable to massage establishments or businesses.
37 (5) A city, county, or city and county may adopt reasonable
38 health and safety requirements with respect to massage
39 establishments or businesses, including, but not limited to,
40 requirements for cleanliness of massage rooms,towels and linens,
as
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1 and reasonable attire and personal hygiene requirements for persons
2 providing massage services,provided that nothing in this paragraph
3 shall be interpreted to authorize adoption of local ordinances that
4 impose additional qualifications,such as medical examinations or
5 other criteria upon any person certified pursuant to this chapter.
6 (6) Nothing in this section shall preclude a city, county, or city
7 and county from doing any of the following:
8 (A) Requiring an applicant for a business license to operate a
9 massage establishment or business to fill out an application that
10 requests the applicant to provide relevant information.
11 (B) Making reasonable investigations into the information so
12 provided.
13 (C) Denying or restricting a business license if the applicant
14 has provided materially false information.
I S (c) An owner or operator of a massage establishment or business
16 shall be responsible for the conduct of all employees or independent
17 contractors working on the premises of the business. Nothing in
18 this section shall preclude a local ordinance from authorizing
19 suspension, revocation, or other restriction of a license or pennit
20 issued to a massage establishment or business if violations of this
21 chapter,or of the local ordinance,occur on the business premises.
22 (d) Nothing in this section shall preclude a city,county,or city
23 and county from adopting a local ordinance that is applicable to
24 massage establishments or businesses and that does either of the
25 following:
26 (1) Provides that duly authorized officials of the city, county,
27 or city and counry have the right to conduct reasonable inspections,
28 during regular business hours, to ensure compliance with this
29 chapter, the local ordinance, or other applicable fire and health
30 and safety requirements.
31 (2) Requires an owner or operator to notify the city, county, or
32 city and county of any intention to rename, change management,
33 or convey the establishment or business to another person.
34 SEC. 11. Chapter 10.5 (commencing with Section 4600.1) is
35 added to Division 2 of the Business and Professions Code,to read:
36
37 CHAPTER IO.S. MASSAGE THERAPISTS
38
39 4600.1. (a) Any person who administers massage for
40 compensation shall hold a certificate, registration, or license to
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AB 1822 —14—
1 administer massage issued by the city, county, or city and county
2 in which the person will be administering massage, which
3 certification, registration, or licensure shall be administered and
4 regulated by the city,county,or city and county.Every city,county,
5 or city and county shall charge a reasonable fee sufficient to cover
6 the cost ofprocessing the certificates,registrations,or licenses that
7 are required by this subdivision.
8 (b) Any person who holds a certificate issued by the former
9 Massage Therapy Organization and who administers massage for
10 compensation shall be required to comply with subdivision(a).
11 (c) A city, county, or city and county may require any person
12 who administers massage for compensation, or who owns a
13 massage establishment or business,to also hold a business license
14 or a massage establishment permit or both.
15 (d) Local law enforcement may enforce any local ordinance
16 that requires a certificate, registration, license, or permit as
17 provided in this section.
18 (e) Any person who administers massage for compensation and
19 fails to comply with the requirements specified in subdivision(a)
20 or(b),or fails to hold a business license or massage establishment
21 permit in a jurisdiction that requires an additional license or permit
22 pursuant to subdivision (c), shall be guilty of a misdemeanor
23 pursuant to Section 647.15 of the Penal Code.
24 4600.5. It is an unfair business practice for any person to state
25 or advertise or put out any sign or card or other device, or to
26 represent to the public through any print or electronic media,that
27 he or she is certified, registered, or licensed by a governmental
28 entity as a massage therapist or massage practitioner unless that
29 representation is true pursuant to subdivision(a)of Section 4600.1.
30 4600.7. It is an unfair business practice for any person to hold
31 oneself out or use the title of "certified massage therapist" or
32 "certified massage practitioner" or any other term, such as
33 "licensed," "registered," or "CMT," that implies or suggests that
34 the person is certified as a massage therapist or practitioner without
35 meeting the requirements of Section 4600.1.
36 4600.9. This chapter shall become operative on January 1,
37 2016.
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-15— AB 1822
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16 SEC. 12. No reimbursement is required by this act pursuant
l7 to Section 6 ofArticleXlllB of the California Constitution because
18 a local agency or school district has the authority to levy service
19 charges,fees, or assessments sufficient to pay.for the program or
20 level ofservice mandated by this act, within the meaning ofSection
21 17556 of the Government Code.
22 �£E-h��
23 SEC. 13. This act is an urgency statute necessary for the
24 immediate preservation of the public peace,health,or safety within
25 the meaning of Article IV of the Constitution and shall go into
26 immediate effect. The facts constituting the necessity are:
27 In order to ensure the public health and safety with regard to the
28 practice of massage, it is necessary that this act take effect
29 immediately.
O
98
DRA,F1`
April 13, 2010
Honorable Sandre' Swanson
State Capitol
P.O. Box 942849
Sacramento, California 942849-0016
Dear Assemblyman Swanson,
The City of Palm Desert supports passage of AB 1822, regarding the regulation
of public safety and health issues created by massage therapy businesses in the
State. The City appreciates that the bill requires any person who administers
massage for compensation to be certified and properly licensed and vetted by
our local law enforcement agencies. The City also supports the requirement for
massage therapist to provide his or her fingerprints to the local law enforcement
agency, submit to state and federal criminal background checks, and ultimately
have law enforcement agencies determine the fitness of the applicant for
licensure. It would be a great assistance to the public safety and health of the
residents and visitors of our City for this bill to become law and we will continue
to urge you and all of your colleagues to support it.
Sincerely,
CINDY FINERTY
MAYOR
CF/Iw
cc: Honorable Brian Nestande
Anthony Gonsalves