HomeMy WebLinkAboutMINUTES - 12092003 - C50 4P aft
i s CONTRA
TO: BOARD OF SUPERVISORS
FROM: Gayle B. Uilkema two& COSTA
44 t
COUNTY
Supervisor,District III
DATE: December 9,2003
SUBJECT: Support in Concept AB 1388 (Kehoe) on Licensing Massage Therapists
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
SUPPORT in concept AB 1388 (K.ehoe)which would provide state regulation of massage therapy licensure and
education through a newly established Board of Massage Therapy.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Currently, cities and counties are responsible for regulation of massage therapy. Unfortunately, many local
ordinances have not kept up with changes in the industry and regulate legitimate massage therapists as "adult
entertainment." The result is inappropriate regulation, such as VD tests for massage therapists, required
showers and separate restrooms and other outdated restrictions.
Contra Costa County's ordinance on massage is approximately 30 years old and, like many other city and county
ordinances, does not differentiate between legitimate massage therapists and others. County Counsel, the
Sheriff s Department and Community Development are currently working together to craft a modified ordinance
which would be more appropriate for legitimate massage therapists. However, there is growing consensus that
it would be better if the state took over the licensing of massage therapists to ensure uniform standards
statewide.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECO iAMEN dATION OF BOA COMMITTEE
-APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED 'voo"OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,335-1090 ATTESTED oc-2
cc: CAO JOHN SWEETEN,CLERK OF
State Lobbyist THE BOARD OF SUPERVISORS
Sherifrs Department AND COUNTY ADMINISTRATOR
Deputy'
BACKGROUND/REASONS)FOR RECOMMENDATION (cont'd
AB 1388 (Kehoe) establishes statewide regulation of massage therapists through the creation of the Board of
Massage Therapy. It also establishes standards for education and licensure. Currently, 33 states provide for
state regulation of massage therapists.
AB 1388 is being sponsored by the California Chapter of the American Massage Therapy Association in
conjunction with the Associated Bodywork and Massage Professionals and the California Alliance of Massage
and Bodywork Schools. Assemblymember Kehoe's office has informed us that they anticipate taking the bill up
in January 2004. There are many details regarding licensure and education that are currently being worked
through. Consequently, at this time, I am recommending that the Board take a position of support in concept of
the bill. Once AB 1388 is developed in a more final form, it may be appropriate for the Board to reconsider this
position.
f
AMENDED IN ASSEMBLY SEPTEMBER 1.0, 2003
AMENDED IN ASSEMBLY APRIL 23, 2003
CALIFORNIA LEGISLATURE-2003-04 REGULAR SESSION
ASSEMBLY BILL No. 1388
Introduced by Assembly Member Kehoe
February 21, 2003
An act to amend Section 144 of, and to add Chapter 10.5
(commencing with Section 4600) to Division 2 of, the Business and
Professions Code, and to repeal Chapter 6 (commencing with Section
51030) of Part I of Division I of Title S of the Government Code,
relating to massage therapy, and making an appropriation therefor:
LEGISLATIVE COUNSEL'S DIGEST
AB 1388 as amended, Kehoe. M a s s a g
licensure.
Existing law provides for the regulation of various healing arts
professionals, including physicians and surgeons, dentists,
chiropractors, and acupuncturists. Existing law requires applicants for
licensure or registration by various boards, bureaus, commissions, and
divisions to submit fingerprints for the purpose of conducting criminal
history record checks. Existing law authorizes the legislative body of
a city or county to enact ordinances provicling.fi)r the licensing and
regulation of the business of massage when carried on within the city
or count]
This bill would repeal those provisions authorizing a city or county
to license and regulate the business of'massage. The hill would instead
establish the Board of Massage Therapy
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.AB 1388 2
in the Department of Consumer Affairs to license and regulate massage
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therapists , as defined and massage practitioners, as
defined. The bill would specify the composition,powers, and duties of
the board. The bill would create the Massage .Therapy
Fund and would require all fees collected by the board to be paid into
the State Treasury to be credited to the fund The bill would make money
in the fiend available to the board for specified purposes upon
appropriation by the Legislature, except that the bill would appropriate
all money in the fund to the board in the 2005-06 fiscal year for the
purpose of implementing the bill. The bill would prohibit a person from.
using certain titles without being licensed, and would make it a crime
to violate that prohibition. The bill would specify requirements for
licensure, including requiring the submission of fingerprints to conduct
a criminal history record check.
. . tefl a ;„+AIIIL%J 116 � ,a The bill would
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authorize the board to issue-e' , administrative fines;
and suspensions for a violation of the laws regulating massage
therapists . The bill would require the ee
board to submit fingerprint images from applicants for licensure to the
Department of Justice. The bill would require the Department of Justice
to provide certain criminal record information obtained from the
fingerprint images to the board and to charge a fee to cover
the cost of processing this information. The bill would exempt certain
unlicensed persons from the prohibitions against engaging in massage
therapy or bodywork. The bill would preempt local ordinances
regulating massage by persons licensed under the bill.
Because a violation of this bill's requirements with respect to
practicing massage therapy, or representing oneself as a licensed
massage therapist, without a license would be a crime, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts fbr 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
f6r a specified reason.
Vote: majority. Appropriation: tie yes. Fiscal committee: yes.
State-mandated local program: ne yes.
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—3— AB 1388
The people of the State of California do enact as follows:
1 SECTION 1. Section 144 of the Business and Professions
2 Code is amended to read:
3 1.44. (a) Notwithstanding any other provision of law, an
4 agency designated in subdivision(b) shall require an applicant to
5 furnish to the agency a full set of fingerprints for purposes of
6 conducting criminal history record checks. Any agency
7 designated in subdivision (b) may obtain and receive, at its
8 discretion, criminal history information from the Department of
9 Justice and the United States Federal Bureau of Investigation.
10 (b) Subdivision (a) applies to the following boards or
11 committees:
12 (1) California Board of Accountancy.
13 (2) State Athletic Commission.
14 (3) Board of Behavioral Sciences.
15 (4) Court Reporters Board of California.
16 (5) State Board of Guide Dogs for the Blind.
17 (6) California State Board of Pharmacy.
18 (7) Board of Registered Nursing.
19 (8) Veterinary Medical Board.
20 (9) Registered Veterinary Technician Committee.
21 (10) Board of Vocational Nursing and Psychiatric Technicians.
22 (11) Respiratory Care Board of California.
23 (12) Hearing Aid Dispensers Advisory Commission.
24 (13) Physical Therapy Board of California.
25 (14) Physician Assistant Committee of the Medical Board of
26 California.
27 (15) Speech-Language Pathology and Audiology Board.
28 (16) Medical Board of California.
29 (17) State Board of Optometry.
30 (18) Acupuncture Board.
31 (19) Cemetery and Funeral Bureau.
32 (20) Bureau of Security and Investigative Services.
33 (21) Division of Investigation.
34 (22) Board of Psychology.
35 (23) The California Board of Occupational Therapy.
36 (24) Board of Massage Therapy •vs
37E��.
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AB 1388 4
1 SEC. 2. Chapter 10.5 (commencing with Section 4600) is
2 added to Division 2 of the Business and Professions Code,to read:
3
4 CHAPTER. 10.5. MASSAGE THERAPISTS
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9 AB 1388
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5 4600. The .Legislature finds and declares that the public
6 interest is served through licensure of massage therapists and
7 massage practitioners, and that the health and welfare of citizens
8 of California will be protected by identifying to the public those
9 individuals who are guali zed to call themselves massage
10 therapists. The Legislature 4 finds that the public interest is better
1.1 served through having a central agency to license and regulate the
12 massage profession than is possible through a patchwork of local
13 regulations. This chapter establishes minimum qualifications for
14 entry into the profession and effective discipline for practitioners
15 who violate the law.
16 460.1. As used in this chapter, thefollowing terms shall have
17 the following meaning:
18 (a) "Massage"means the application of a system of structured
19 touch, pressure, movement, and holding to the soft tissues of the
20 human body with the intent to enhance or restore the health and
21 well.-being of the client. The practice includes the external
22 application of water, heat, cold, lubricants, salt scrubs, or other
23 topical preparations; use of devices that mimic or enhance the
24 actions of the hands; and determination of whether massage
25 therapy is appropriate or contraindicated, or whether referral to
26 another health care practitioner is appropriate. For purposes of
27 this chapter, massage and bodywork are interchangeable.
28 (b) "Massage Therapist, " "Bodvworker, 93, "Body1:?ork
29 Therapist," or "Massage and Bodywork Therapist" means a
30 person who is licensed by the Board of Massage Therapy under
31 subdivision (c) of Section 4604 and administers massage for
32 compensation.
33 (c) ``Massage Practitioner," "Bodywork Practitioner, " or
34 "Massage and Bodvwork .Practitioner" means a person who is
35 licensed by the Board of Massage Therapy tinder subdivision (b)
36 of Section 4604 and administers massage for compensation.
37 (d) ".Board"means the Board of Massage Therapy within the
38 Department of Consumer 4flairs.
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AB 1388 10-
1 0 ".Massage Therapy Fund"means aind set up by the board
2 to accept and disburse fees paid by licensees.for the purpose o
3 administering the provisions of this chapter
4 (f) "Compensation Yy means the payments, loan, advance,
5 donation, contribution, deposit or ,gift of money or anything of
6 value.
7 (g) Registered school"means a facility that meets minimum
8 standards for training and curriculum in massage and related
9 subjects as determined by this chapter and that is certified by the
10 Board For Private Postsecondary And Vocational Education,
1.1 Department of Education pursuant to Section 94931 of the
12 Education Code, or a school of equal or greater training that is
13 approved by the corresponding agency in another state.
14 (h) "Approved massage school" means a facilitMy that meets
15 minimum standards for training and curriculum in massage and
16 related subjects as determined by this chapter and that is approved
17 by the Board For Private Postsecondary And Vocational
18 Education, Department of Education Pursuant to Section 94915 of
19 the Education Code, or a school of equal or greater training that
20 is approved by the corresponding agency in another state, or
21 accredited by an agency recognized by the United States
22 Department of Education.
23 (1) "Person" means an individual, partnership,
24 unincorporated organization, or corporation.
25 4602. (a) The Board of Massage Therapy is hereby created in
26 the Department o f Consumer Affairs.
27 (b) The board shall be composed of seven members who are
28 residents of California, as, ollows:
29 (1) Five professional members currently licensed with at least
30 three years of consecutive, recent experience in the practice of
31 massage or massage therapy. Professional members shall
32 represent both massage practitioners and massage therapists. A
33 maximum oJ*two members can be individuals who also own or
34 direct massage therapy schools.
35 (2) Two public members who are not and have never been
36 licensed under this chapter are not in training to become massage
37 practitioners or massage therapists, are not the spouse of person
38 so licensed, are not related to or share a household with someone
39 so licensed, have not had within two years of the appointment a
40 substantial financial interest in a licensee regulated by the board,
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ll AB 1388
I and otherwise have no financial interest, directly or indirectly in
2 the proftssion. One public member may hold a license in another
3 health care profession.
4 (c) If the board membership includes no other person licensed
5 as a health care professional or no representative of massage
6 therapy training programs, the board may appoint advisors.
7 (d) All members shall be appointed for a term oj'three years.
8 The Governor shall appointfive members, the Senate Committee
9 on Rules shall appoint one member, and the Speaker of the
10 Assembly shall appoint one member Initial appointments to the
1.1 board shall be made from those eligible for licensing under Section
12 46-03. Initial appointments shall be made as follows.
13 (1) The Governor shall appoint two board members for a term
14 of one year two board members for a term of two years, and one
15 board member for a term of three years. Initial appointments by the
16 Senate Committee on Rules and Speaker of the Assembly shall be
17 for three years.
18 (2) Appointments made thereafter shall be for three-year terms,
19 but no person may be appointed to serve more than two
20 consecutive terms. Terms shall begin on the first day of the
21 calendar year and end on the last day of calendar year or until
22 successors are appointed, except for the first appointed members
23 who shall serve through the last calendar day of the year in which
24 they are appointed, before commencing the terms prescribed by
25 this section.
26 (3) Vacancies shall be filled by appointment for the unexpired
27 term.
28 (e) Each member shall serve until his or her successor is
29 appointed and qualified, unless the member is no longer
30 competently performing the ditties ofoffice. Any vacancy on the
31 board shall be filled by the Governor for the balance of the
32 unexpired term. The Governor may remove members of the board
33 from office for neglect of any duty imposed by state law, for
34 incompetence, or for unprofessional or dishonorable conduct.
35 (f) Members of the board shall receive no compensation,for
36 their services but shall be entitled to reasonable travel and other
37 expenses incurred in the execution of their powers and duties in
38 accordance with Section 103.
39 (g) The members oj'the board shall annually elect officers in
40 accordance with rules established by the board.
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AB 1388 12
I (h) The board shall meet as frequently as shall be reasonably
2 necessary to implement the provisions of this act, but not less than
3 twice a year. The board may convene from time to time until its
4 business is concluded. Special meetings of the board may be held
5 at any time and place designated by the board.
6 (i) Xotice of' each meeting of the board shall be given in
7 accordance with the .Bagley-Keene Open Meeting Act (Article 9
8 (commencing with Section 11120) of Chapter I of Part -1 of
9 Division 3 of'Title 2 oJ*the Government Code). Four members of
10 the board shall constitute a quorum for the purpose of transacting
1.1 board business.
12 4602.10. The board shall have the following powers and
13 duties:
14 (a) Administer, coordinate, and enforce the provisions of this
15 chapter, and evaluate the qualifications of applicants for licensing
16 under this chapter
17 (b) Issue, renew, deny, suspend, or revoke licenses under this
18 chapter Licenses shall be valid for a period not to emceed two
19 years. Licenses shall be issued within 60 days of receipt of a
20 completed application.
21 (c) Conduct investigation of persons engaged in massage or
22 massage establishments and to inspect the license of practitioners
23for compliance. The refusal of a practitioner to permit inspections
24 shall be grounds for revocation, suspension or refusal to issue a
25 license pursuant to this chapter Investigations shall be conducted
26 within 90 days.
27 (d) Provide a system for adjudication and investigation of
28 consumer complaints and seek an injunction through the Attorney
29 General's office against any person or massage establishment not
30 in compliance with the provisions of this chapter.
31 (e) Conduct proceedings under this chapter in accordance with
32 Chapter 3.5 (commencing with Section 11340) of Part I of
33 Division 3 of Title 2 of the Government Code.
34 (f) Employ appropriate professional, clerical, or other special
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35 personnel necessary to carry out its duties sup ject to Sections 107
36 and 154.
37 (g,) Represent the diversity of disciplines within the profession
38 at all times when making decisions, and stay current and informed
39 regarding the various branches of massage therapy practice.
97
13 — AB 1388
1 (h) Establish reasonable fees for applications, initial license
2 and renewalfines, and other services provided by the board
3 (i) Maintain a record of all proceedings and make such records
4 available to all licensees in an annual report.
5 (j) Protection ref the public shall be the highest priority for the
6 board in exercising its licensing, regulatory, and disciplinary
7 functions. Whenever the protection of the public is inconsistent
8 with other interests sought to be promoted, the protection of the
9 public shall be paramount.
10 4602.20. (a) The board shall establish the amount o fees
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11 assessed to conduct activities of the board, including the amount
12 for license application, examination, renewal, and late renewal.
13 (b) All fees collected by the board shall be paid into the State
14 Treasury and shall be credited to the Massage Therapy Fund which
15 is hereby created in the State Treasury. The money in the fund shall
16 be available to the board for expenditure for the purposes of this
17 chapter only upon appropriation by the Legislature.
18 (c) .Notwithstanding subdivision (b), all money received and
19 credited to the Massage Therapy Fund in the 2005-06jiscai year
20 is hereby appropriated to the board for the purpose of
21 implementing this chapter.
22 4602.30. (a) The board may, after a hearing, deny, suspend,
23 revoke, place on probation a license, inactive license, or limited
24 permit.
25 (b) As used in this chapter, 'license'includes a license, limited
26 permit, or any other authorization to engage in practice regulated
27 by this chapter
28 (c) The proceedings tinder this section shall be conducted in
29 accordance with Chapter 5 (commencing with Section 11500) of
30 Part I of Division 3 of Title 2 of the Government Code, and the
31 board shall have all the powers granted therein.
32 4602.40. (a) The board may discipline a licensee by any or a
33 combination of the following methods:
34 (1.) Placing the license on probation with terms and conditions.
35 (2) Suspending the license and the right to practice massage
36 therapy for a period not to exceed one year
37 (3) Revoking the license.
38 (4) Suspending or staying the disciplinary order, or portions of
39 it, with or-without conditions.
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AB 1388 14
1 (5) Taking other action as the board, in its discretion, deems
2 proper, including the levying qjjInes.
3 (b) The board may issue an initial license on probation, with
4 specijic terms and conditions, to any applicant who has violated
5 any provision of this chapter or the regulations adopted pursuant
6 to it, but who has met all other requirements for licensure.
7 4602.50. The board may deny or discipline a licensee for any
8 of thefollowing:
9 (a) Unprofissional conduct, including, but not limited to, the
10 fiollowing:
1.1 (1) Incompetence or gross negligence in carrying out usual
12 massage or massage therapy functions.
13 (2) Repeated similar negligent acts in carrying out usual
14 massage or massage therapy functions.
15 (3) Denial of licensure, revocation, suspension, restriction, or
16 any other disciplinary action against a licensee by another state
17 or territory of the United States, by any other government agency,
18 or by another California health care professional licensing board.
19 A certified copy qf the decision, order, or judgment shall be
20 conclusive evidence of these actions.
21 (b) Procuring a license by fraud, misrepresentation., or
22 mistake.
23 (c) Violating or attempting to violate, directly or indirectly, or
24 assisting in or abetting the violation of, or conspiring to violate.,
25 any provision or term of this chapter or any regulation adopted
26 pursuant to this chapter
27 (d) Conviction of crime or of any offense substantially related
28 to the qualifications,functions, or ditties of a licensee, in which
29 event the record of the conviction shall be conclusive evidence of
30 the crime or offense.
31 (e) Impersonating an applicant or acting as proxy for an
32 applicant in any examination required under this chapter for•the
33 issuance of a license.
34 (f) Impersonating a licensed practitioner, or permitting or
35 allowing another unlicensed person to use a license.
36 (g) Committing any fraudulent, dishonest, or corrupt act that
37 is substantially related to the qualifications,functions, or ditties of
38 a licensee.
39 (h) Committing any act punishable as asexually related crime,
40 if that act is substantially related to the qualifications.,functions,,
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15— AB 1388
1 or duties of licensee, in which event a certified copy of the record
2 of conviction shall be conclusive evidence thereof.'
3 4602.60. The board shall retain jurisdiction to proceed with
4 any investigation, action or disciplinary proceeding against a
5 license, or to render a decision suspending or revoking a license,
6 regardless of the expiration, lapse, or suspension of the license by
7 operation of law, by order or decision of the board or a court of law,
8 or by the voluntary surrender of a license by the licensee.
9 4602.70. ff a license is suspended, the holder may not practice
10 massage therapy during the term of suspension. Upon the
1-1 expiration of the term of suspension, the license shall be reinstated
12 and the holder entitled to resume practice under any remaining
13 terms o 'the discipline, unless it is established to the satisfaction
14 o the board that the holder of the license practiced in this state
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15 during the term of suspension. In this event, the board may, after
16 a hearing on this issue alone, revoke the license.
17 4603. It shall be unlawful to advertise the practice Qfmassage
18 or massage therapy using the term massage or other term that
19 implies massage without holding a current, valid license issued by
20 the board. It shall also be unla-w/ulfior any licensee to advertise in
21 any public publication or communication without including in the
22 advertisement the license number and title of the massage
23 therapist or practitioner.
24 4604. (a) Except as provided in Section 4606, it shall be
25 unlawful for any person to hold himselfor herself out as a massage
26 practitioner, bodywork practitioner, massage and bodywork
27 practitioner, massage therapist, bodywork therapist, or massage
28 and bodywork therapist or any titles or initials with the intent to
29 represent that the person practices or is authorized to practice
30 massage or massage therapy, or to practice massage or massage
31 therapy, unless that person holds a current valid license issued in
32 accordance with the pro-visions of this chapter.
33 (b) In order to obtain a license as a massage practitionet;
34 applicants shall provide the board with satisfactory evidence of all
35 oj'thefollowing:
36 (1`) The applicant is 18 years oJ*age or older.
37 (2) The applicant has completed leted the curricula in
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38 massage and related subjects as determined by the board, oJ'one
1
39 or more registered or approved massage schools totaling a
97
AB 1388 16-
1 minimum of 250 hours. Education must be obtained in a minimum
2 qf.loo hour increments.
3 (3) All requiredftes have been paid.
4 (c) In order to obtain a license as a massage therapist,
5 applicants shall provide the board with satisfactory evidence of all
6 of the following:
7 (1) The applicant is 18 years of age or older.
8 (2) The applicant satisfies one of thefiollowing:
9 (A) The applicant has successfully completed the curricula in
10 massage and related subjects as determined by the board, of one
1.1 or more registered or approved massage schools totaling a
12 minimum of 500 hours. Education must be obtained in a minimum
13 o 100 hour increments.
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14 (B) The applicant has passed a certification examination that
15 has been approved by the board and is based upon a minimum 500
16 hour level o competency.
17 (C') The applicant meets the requirements for obtaining a
18 license as a massage practitioner and the applicant has work
19 experience.As used in this subparagraph, work experience means
20 750 hours engaged in the application of massage, not including
21 any hours of experience counted toward the requirements for
22 obtaining a license as a massage practitioner. The board may
23 combine work experience and education. For that purpose, three
24 hours of'education is equivalent to one hour engaged in the
25 application of massage. As used in this subparagraph, education
26 means supervised training in the application of massage and
27 related subjects provided by a registered school or an approved
28 massage school.
29 (D) The applicant holds a current and valid registration,
30 certification, or license from any other state whose licensure
31 requirements meet or exceed those defined within this chapter
32 (3) All required fees have been paid.
33 (d) An applicant applying for a license as a massage therapist
34 or massage practitioner shall file with the board a written
35 application provided by the board, showing to the satisfaction of
36 the board that he or she meets all of the following requirements:
37 (1) That the applicant has not committed acts or crimes
38 constituting groundsfor denial qf a license under Section 480.
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17— AB 1388
1 (2) That the applicant has successfully completed the academic
2 requirements of an educational program in massage and related
3 subjects that is registered or approved, as defined in Section 4601.
4 (e) Any person who violates subdivision (a) is guilty of a
5 misdemeanor, and upon conviction thereof shall be punished by a
6
fine o not more than five thousand dollars ($5,000), or by
7 imprisonment oJ'not more than one year in a county jail, or by both
8 that fine and imprisonment.
9 (f) The board shall issue a license to any applicant who meets
10 the requirements of this chapter, including the payment of the
1.1 prescribed licensure fee, and who meets any other requirement in
12 accordance with applicable state law.
13 (g) Any license issued under this chapter shall be subject to
14 renewal as prescribed by the board and shall expire unless renewed
15 in that manner. The board may provide for the late renewal of a
16 license.
17 (h) Upon a written request, the board may grant inactive status
18 to a massage practitioner or massage therapist who is in good
19 standing, who meets the requirements of this section.
20 4604.10. (a) The board may grant a massage practitioner
21 license to any pet-son who applies on or before danuaty 1, 2007
22 with evidence of one of thefollowing:
23 (1) A current valid massage permit or license from a California
24 city or county.
25 (2.) Practice of at least 100 hours within the previous 18
26 months. Proof of practice shall include one of thefollowing:
27 (AA) A W2 form or employers affidavit containing the dates of
28 the applicant's employment.
29 (B) Tax returns indicating se�fletnployment as a massage
30 practitioner or massage therapist or any other title that may
31 demonstrate experience in the field of massage.
32 (b) After reviewing the information submitted under
33 subdivision (a), the board may require additional injbrination
34 necessary to enable it to determine whether to grant a license
35 under this section.
36 4604.20. (a) Massage practitioners and massage therapists
37 shall show prow f'of completion qf a minimum of 24 hours of
38 approved continuing education in massage and related subjects as
39 a condition of renewal of a license. A maximum of 12 hours may
40 be carried over, -om the previous licensing period.
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AB 1388 18-
1 (b) The board may approve continuing education providers.
2 Registered or approved schools, as defined in subdivisions (g) and
3 (h) oj*Section 4601 shall be approved as providers of continuing
4 education, as are courses approved by the .Board of Registered
5 Nursing (BRN) or the Category A courses approved by the
6 National Certification Board for Therapeutic Massage and
7 Bodvwork (NC.BTMB).
8 4605. Initial license and renewal.fees shall be established by
9 the board in an amount that does not exceed one hundred dollars
10 ($100)per year The board shall establish the` bllowing additional
1-1 fees:
12 (a) An application fee not to exceed one hundred dollars
13 ($100).
14 (b) A late renewal fee.
15 (c) A fee to recover actual costs to collect fingerprints for
16 criminal history record checks.
17 4606. The following persons are exempted from the provisions
18 o this chapter:
)f
19 (a) Any person licensed, certified, or otherwise recognized in
20 this state by any other law or regulation when that person is
21 engaged in the profession or occupation for which he or she is
22 licensed, certified, or otherwise recognized and who is performing
23 services-within their authorized scope qfpractice and who does not
24 hold himself or herself out to be a massage practitioner or
25 therapist.
26 (b) Students enrolled in a program recognized by the board
27 while completing a clinical requirement or superviseddfield-work
28 experience for graduation, performed under the supervision o a
29 person licensed under this chapter,provided the student does not
30 hold himself or herself out as a licensed massage practitioner or
31 massage therapist and does not receive compensation for
32 massage.
33 (c) Individuals duly licensed, registered, or certified in another
34 state or a foreign country when teaching a course related to
35 massage therapy, or to consult with a person licensed under this
36 chapter.
37 (d) Individuals giving massage to members of his or her
38 immediate family.
39 (e) Individuals who restrict their manipulation of the soft
40 tissues of the human body to the hands,feet or ears and do not hold
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1 themselves out to be massage practitioners or therapists or do
2 massage or massage therapy.
3 (f) Individuals using methods which involve only techniques
4 which are specifically intended to affect the human energy fields
5 or systems, including, but not limited to, Polarity Therapy, Reiki,
6 Touch for Health or Jin Shin Do, in which their services are not
7 designated or implied to be massage or massage therapy.
8 (g) Individuals who use touch, words and directed movement to
9 deepen awareness of existing patterns oft movement in the body as
10 well as to suggest new possibilities of'movemen t while engaged in
1.1 the scope of practice of a profession with established standards
12 and ethics, provided that their services are not designated or
13 implied to be massage or massage therapy. These practices
14 include, but are not limited to, the Feldenkrais Method of Somatic
15 Education, the Trager Approach to Movement Education, and
16 Body-Mind Centering.
17 (h) Any individuals performing massage therapy services in the
18 state, if those services are performed for no more than 45 days in
19 a calendar year in association with a massage practitioner or
20 massage therapist licensed under this chapter or other licensing
21 laws, and if one ofthe, ollowing conditions is satisfied:
22 (1) The individual is licensed under the laws of another state
23 which the board determines has licensure requirements at least as
24 stringent as the requirements of this chapter
25 (2) Individuals incidentally in this state to provide service as
26 part of emergency response team working in conjunction with
27 disaster relief officials.
28 (3) The individual provides massage therapy exclusively to
29 members of an athletic team or teams while such team is
30 temporarily in the state.
31 4007. (a) A city, county, or other political jurisdiction within
32 the state may not enact an ordinance that regulates the practice of
33 massage, as defined in this chapter, by an individual who is
34 licensed under this chapter No provision of any ordinance enacted
35 by a city, county, or other political Jurisdiction that is in effect
36 before the effective date of this chapter and that relates to the
37 practice of massage, may be enforced against a person who is
38 issued a license by the board under this chapter This chapter shall
39 preempt any local ordinance regulating massage.
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AB 1388 20-
1 (b) Nothing in this chapter precludes a local government
2 jurisdiction from licensing over persons and businesses who do not
3 meet the requirements of this chapter
4 4608. (a) The board shall submit fingerprint images and
5 related information to the Department of Justice of applicants for
6 licensure for the purpose of obtaining information as to the
7 existence and nature oj* a record of' state and federal level
8 convictions and state and federal level arrests for which the
9 Department of'Justice establishes that the applicant was released
10 on bail or on his or her own recognizance pending trial. Requests
1.1 for federal level criminal offender record information received by
12 the Department of Justice pursuant to this section shall be
13 forwarded to the Federal Bureau of Investigation by the
14 Department of Justice.
15 (b) Pursuant to paragraph (1) of subdivision (p) of Section
16 11105 of the Penal Code, the Department of Justice shall provide
17 the following information to the board:
18 (1) Eves conviction rendered against the applicant.
19 (2) Every arrest for an offense for which the applicant is
20 presently awaiting trial, whether the applicant is incarcerated or
21 has been released on bail or on his or her own recognizance
22 pending trial.
23 (c) The Department of Justice shall charge a fee sufficient to
24 cover the cost of processing the request for state and federal level
25 criminal offender record information.
26 (d) Fingerprint images and related information submitted
27 pursuant to this section include fingerprint images and related
28 information transmitted electronicallv.
29 (e) The board shall request subsequent arrest notification
30 service from the Department qfJustice, as provided under Section
31 11105.2 of the Penal Code, for all applicants for licensure for
32 -which fingerprint images and related information are submitted to
33 conduct a search for state and federal level criminal offender
34 record it?forination.
35 4609. If any provision of' this chapter, or the application
36 thereof to an�v person or circumstance, is held invalid.. that
37 invalidity shall not affect other provisions or applications of,this
38 chapter which can be given effect without the invalid provision or
39 application, and to this end, the provisions of this chapter are
40 declared to be severable.
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21 — AB 1388
1 SEC 3. Chapter 6(commencing with Section 51030) of Part
2 1 of.Division .1 of Title 5 oj'the Government Code is repealed.
3 SEC 4. No reimbursement is required by this act pursuant to
4 Section 6 of Article XIII.B of the California Constitution because
5 the only costs that may be incurred by a local agency or school
6 district will be incurred because this act creates a new crime or
7 inf;-action, eliminates a crime or infraction, or changes the penalty
8 for a crime or infraction, within the meaning of Section 17556 of
9 the Government Code, or changes the definition of crime within
10 the meaning of Section 6 of Article XIII.B oj' the California
1.1 Constitution.
0
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