HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - AB 1147 MASSAGE THERAPY (2)Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
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CONSENT CALENDAR City Manager Approval:
Item to be presented by: Casey Bingham
DATE: April 22, 2014
SUBJECT: STATE LEGISLATION: AB 1147 (GOMEZ) MASSAGE
THERAPY
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Committee to "support"
Assembly Bill 1147 (Gomez) and transmit letters of support to Assembly Member Gomez, Santa
Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, and
the League of California Cities.
BACKGROUND
Prior to 2009, neither massage businesses nor massage professionals were regulated by the State.
Instead, local jurisdictions were able to regulate the massage industry through hours of operation,
sanitary conditions, education and other areas of interest and concern to ensure the business was
operating in conformance with local regulations. These regulations vaned from jurisdiction to
jurisdiction with many local governments exercising their land use and zoning authority to
address local concerns associated with massage establishments. With the growing number of
single franchise massage businesses, the massage industry began to lobby for the creation of a
certification process for massage professionals.
In 2008, the Legislature approved SB 731 (Oropeza) Chapter 384, Statutes of 2008, which
established a voluntary certification process through the California Massage Therapy Council
(CAMTC) for massage professionals. The purpose of the bill was to professionalize the industry
by creating uniform standards for massage practitioners and therapists, with the idea that the
massage industry should be treated "no better and no worse" than any other professional service
provider. The new law authorized CAMTC to certify massage professionals, conduct background
checks, and investigate schools offering massage degrees.
Existing law provides for a voluntary certification process for massage professionals by
CAMTC, a nonprofit (not a state agency) comprised of 20 board members, who are mostly
owners of massage establishments, representatives of massage associations, and representatives
of schools that offer massage degrees. The voluntary certification of massage practitioners and
massage therapists through the CAMTC is set to expire on January 1, 2015.
Further, state law precludes the ability of local jurisdictions to regulate certified massage
therapists and businesses that employ certified massage therapists. Specifically, local
jurisdictions can only regulate massage establishments using CAMTC-certified massage
professionals if jurisdictions apply the regulations to other professional services in a uniform
matter.
The requirements for the CAMTC to issue to an applicant a certificate as a massage practitioner
include successfully completing courses in massage and related subjects totaling a minimum of
250 hours or the credit unit equivalent. As currently amended, Assembly Bill 1147 (AB 1147)
proposes to continue the role of the CAMTC for the licensing and monitoring of certified
massage professionals whose authority is set to expire on January 1, 2015. AB 1147 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 CAMTC.
AB 1147 passed the Assembly on January 27, 2014. It was referred to the Senate Committee on
Business, Professions and Consumer Protection and is waiting for a hearing. There are currently
36 cities in support of AB 1147, including Thousand Oaks, Ventura, South Pasadena, Huntington
Beach, Los Angeles, and San Gabriel.
The League of California Cities is in support of this legislation. If passed, AB 1147 would
impose additional requirements for applicants before receiving their certification as a massage
practitioner to help reduce the growth of illicit massage establishments.
On April 4, 2014, the City Council Legislative Committee met and recommends a support
position to the full City Council for consideration at the April 22, 2014, City Council meeting.
ALTERNATIVE ACTIONS
1. Adopt an 'oppose" position on AB 1147.
2. Take no position on AB 1147.
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
AB 1147
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
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1147
Introduced by Assembly Member Gomez
(Coauthor: Assembly Member Muratsuchi)
February 22, 2013
An act t 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
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AB 1147 — 2 —
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:
1 SECTION 1. Section 4601 of the Business and Professions
2 Code is amended to read:
3 4601. (a) The council shall issue a certificate under this chapter
4 to an applicant who satisfies the requirements of this chapter.
5 (b) (1) In order to obtain certification as a massage practitioner,
6 an applicant shall submit a written application and provide the
7 council with satisfactory evidence that he or she meets all of the
8 following requirements:
9 (A) The applicant is 18 years of age or older.
10 (B) The applicant has successfully completed, at an approved
11 school, curricula in massage and related subjects, totaling a
12 minimum of 250 hours or the credit unit equivalent, that
13 incorporates appropriate school assessment of student knowledge
14 and skills. Included in the hours shall be instruction addressing
15 anatomy and physiology, contraindications, health and hygiene,
16 and business and ethics, with at least 100 hours of the required
17 minimum 250 hours devoted to these curriculum areas.
18 (C) The applicant has passed a massage and bodywork
19 competency assessment examination that meets generally
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I recognized psychometric principles and standards, and that is
2 approved by the council. The successful completion of this
3 examination may have been accomplished before the date the
4 council is authorized by this chapter to begin issuing certificates.
5 (G)
6 (D) All fees required by the council have been paid.
7 (2) New certificates shall not be issued pursuant to this
8 subdivision after December 31, 2015. Certificates issued pursuant
9 to this section or subdivision (a) or (c) of Section 4604 on or before
10 December 31, 2015, shall, after December 31, 2015, be renewed
11 without any additional educational requirements, provided that the
12 certificate holder continues to be qualified pursuant to this chapter.
13 (c) In order to obtain certification as a massage therapist, an
14 applicant shall submit a written application and provide the council
15 with satisfactory evidence that he or she meets all of the following
16 requirements:
17 (1) The applicant is 18 years of age or older.
18 (2) The applicant satisfies at least one of the following
19 requirements:
20 (A) He or she has successfully completed the curricula in
21 massage and related subjects totaling a minimum of 500 hours or
22 the credit unit equivalent. Of this 500 hours, a minimum of 250
23 hours shall be from approved schools. The remaining 250 hours
24 required may be secured either from approved or registered schools,
25 or from continuing education providers approved by, or registered
26 with, the council or the Department of Consumer Affairs. After
27 December 31, 2015, applicants may only satisfy the curricula in
28 massage and related subjects from approved schools.
29 (B) The applicant has done both of the following:
30 (i) Successfully completed, at an approved school, curricula in
31 massage and related subjects totaling a minimum of 250 hours that
32 incorporates appropriate school assessment of student knowledge
33 and skills. Included in the hours shall be instruction addressing
34 anatomy and physiology, contraindications, health and hygiene,
35 and business and ethics, with at least 100 hours of the required
36 minimum 250 hours devoted to these curriculum areas.
37 (ii) Passed a massage and bodywork competency assessment
38 examination that meets generally recognized psychometric
39 principles and standards, and that is approved by the board. The
40 successful completion of this examination may have been
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1 accomplished before the date the council is authorized by this
2 chapter to begin issuing certificates.
3 (3) All fees required by the council have been paid.
4 (d) The council shall issue a certificate to an applicant who
5 meets the other qualifications of this chapter and holds a current
6 and valid registration, certification, or license from any other state
7 whose licensure requirements meet or exceed those defined within
8 this chapter. The council shall have discretion to give credit for
9 comparable academic work completed by an applicant in a program
10 outside of California.
11 (e) An applicant applying for a massage therapist certificate
12 shall file with the council a written application provided by the
13 council, showing to the satisfaction of the council that he or she
14 meets all of the requirements of this chapter.
15 (f) Any certification issued under this chapter shall be subject
16 to renewal every two years in a manner prescribed by the council,
17 and shall expire unless renewed in that manner. The council may
18 provide for the late renewal of a license.
19 (g) (1) The council shall have the responsibility to determine
20 that the school or schools from which an applicant has obtained
21 the education required by this chapter meet the requirements of
22 this chapter. If the council has any reason to question whether or
23 not the applicant received the education that is required by this
24 chapter from the school or schools that the applicant is claiming,
25 the council shall investigate the facts to determine that the applicant
26 received the required education prior to issuing a certificate.
27 (2) For purposes of paragraph (1) and any other provision of
28 this chapter for which the council is authorized to receive factual
29 information as a condition of taking any action, the council shall
30 have the authority to conduct oral interviews of the applicant and
31 others or to make any investigation deemed necessary to establish
32 that the information received is accurate and satisfies any criteria
33 established by this chapter.
34 (h) The certificate issued pursuant to this chapter, as well as
35 any identification card issued by the council, shall be surrendered
36 to the council by any certificate holder whose certificate has been
37 suspended or revoked.
38 SEGT E)N 1 - 4612.5
is added to the
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