BILL NUMBER: SB 731 CHAPTERED
BILL TEXT
CHAPTER 384
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008
APPROVED BY GOVERNOR SEPTEMBER 27, 2008
PASSED THE SENATE AUGUST 19, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN ASSEMBLY JULY 9, 2007
AMENDED IN ASSEMBLY JUNE 25, 2007
AMENDED IN SENATE MAY 8, 2007
AMENDED IN SENATE APRIL 26, 2007
AMENDED IN SENATE APRIL 19, 2007
AMENDED IN SENATE APRIL 16, 2007
INTRODUCED BY Senator Oropeza
FEBRUARY 23, 2007
An act to add and repeal Chapter 10.5 (commencing with Section
4600) of Division 2 of the Business and Professions Code, relating to
massage therapy.
LEGISLATIVE COUNSEL'S DIGEST
SB 731, Oropeza. Massage therapy.
Existing law provides for the regulation of various healing arts
professionals, including physicians and surgeons, chiropractors,
physical therapists, and acupuncturists. Existing law authorizes the
legislative body of a city or county to enact ordinances providing
for the licensing and regulation of the business of massage when
carried on within the city or county.
This bill would, commencing September 1, 2009, provide for the
certification of massage practitioners and massage therapists by the
Massage Therapy Organization, which would be a nonprofit organization
meeting specified requirements, and would impose certain duties on
the organization. The bill would require applicants for certification
to be 18 years of age or older, to meet specified educational
criteria, to provide to the organization and update certain
information, to provide fingerprints for submission to the Department
of Justice for a criminal background check, and to pay fees required
by the organization. The bill would require the Department of
Justice to review specified information and to provide to the
organization fitness determinations and certain other information.
The bill would allow the organization to take certain disciplinary
action against certificate holders and would require the organization
to take certain action with regard to suspending or revoking a
certificate if the certificate holder has been arrested for, and
charged with, specified crimes. The bill would make 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. The bill would prohibit a city,
county, or city and county from enacting certain ordinances
regulating the practice of massage by a certificate holder, as
specified. The bill would make its provisions subject to review by
the Joint Committee on Boards, Commissions, and Consumer Protection.
The bill would repeal these provisions on January 1, 2016.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of this act to create a voluntary
certification for the massage therapy profession that will enable
consumers to easily identify credible certified massage therapists;
assure that certified massage therapists have completed sufficient
training at approved schools; phase in increased education and
training standards consistent with other states; assure that massage
therapy can no longer be used as a subterfuge to violate subdivision
(a) or (b) of Section 647 of the Penal Code; and to provide a
self-funded nonprofit oversight body to approve certification and
education requirements for massage therapists.
SEC. 2. Chapter 10.5 (commencing with Section 4600) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 10.5. MASSAGE THERAPISTS
4600. As used in this chapter, the following terms shall have the
following meanings:
(a) "Approved school" or "approved massage school" means a
facility 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 approved 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 Massage Therapy Organization 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
Massage Therapy Organization under subdivision (b) of Section 4601
and who administers massage for compensation.
(e) "Organization" means the Massage Therapy Organization 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 organization 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 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.
4600.5. (a) A Massage Therapy Organization, as defined in
subdivision (e) of Section 4600, shall be created and shall have the
responsibilities and duties set forth in this chapter. The
organization 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 organization 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
organization. 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 organization'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
organization, initiate the request for tax-exempt status from the
Internal Revenue Service, and solicit input from the massage
community concerning the operations of the organization. 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 organization shall be subject to the rules
of the Bagley-Keene Open Meetings Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
4601. (a) The organization 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
organization 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 approved schools. The
remaining 250 hours required may be secured either from approved or
registered schools, or from continuing education providers approved
by, or registered with, the organization or the Department of
Consumer Affairs. After December 31, 2015, applicants may only
satisfy the curricula in massage and related subjects from approved
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 organization is authorized by this chapter to
begin issuing certificates.
(3) All fees required by the organization have been paid.
(d) The organization 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 organization 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 or massage
practitioner certificate shall file with the organization a written
application provided by the organization, showing to the satisfaction
of the organization 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
organization, and shall expire unless renewed in that manner. The
organization 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 organization is authorized to receive factual
information as a condition of taking any action, the organization
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.
4601.2. No certificates shall be issued by the organization
pursuant to this chapter prior to September 1, 2009.
4601.3. (a) Prior to issuing a certificate to the applicant or
designating a custodian of records, the organization 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 organization 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
organization.
(b) The Department of Justice shall provide information to the
organization pursuant to subdivision (p) of Section 11105 of the
Penal Code.
(c) The Department of Justice and the organization shall charge a
fee sufficient to cover the cost of processing the request for state
and federal level criminal offender record information.
(d) The organization 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.
4601.4. Organization directors, employees, or volunteer
individuals may undergo the background investigation process
delineated in Section 4601.3.
4602. (a) The organization 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 organization, as authorized by this
chapter or its bylaws, deems proper.
(b) The organization 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
organization 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 organization 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 organization that the certificate has been
suspended, and the reason for the suspension.
(C) Notify any business within 10 days that the organization has
in its records as employing the certificate holder that the
certificate has been suspended.
(2) Upon notice to the organization that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The
organization 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.
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 organization 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 organization's possession that is necessary to
verify facts relevant to administering the local ordinance.
(b) The organization 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
organization shall have the responsibility to review any information
received and to take any actions authorized by this chapter that are
warranted by that information.
4603. It is a violation of this chapter for a certificate holder
to commit, and the organization 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 organization.
(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.
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 organization'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) 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.
4603.5. It shall be the responsibility of any certificate holder
to notify the organization 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 organization 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.
4604. (a) Notwithstanding Section 4601, the organization 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
state-approved or registered school, or out-of-state school
recognized by the organization 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 state-approved or registered
school, or out-of-state school recognized by the organization 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 an approved 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 organization 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 organization 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 organization shall issue a certificate to the person
that is not conditional.
(4) The organization shall immediately revoke the conditional
certificate issued to any person pursuant to this subdivision if the
time period specified in paragraph (2) expires without proof of
completion of the
requirements having been filed with the organization.
(5) Any additional education required by this section may be
completed through courses provided by any of the following:
(A) An approved school.
(B) A registered school.
(C) A provider approved by, or registered with, the organization
or the Department of Consumer Affairs.
(D) A provider that establishes to the satisfaction of the
organization that its course or courses are appropriate educational
programs for this purpose.
(d) Nothing in this section shall preclude the organization from
exercising any power or authority conferred by this chapter with
respect to a conditional certificate holder.
4605. It is an unfair business practice for any person to state
or advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified, registered, or licensed by a governmental
agency as a massage therapist or massage practitioner.
4606. It is an unfair business practice for any person to hold
oneself out or use the title of "certified massage therapist" or
"certified massage practitioner" or any other term, such as
"licensed," "registered," or "CMT," that implies or suggests that the
person is certified as a massage therapist or practitioner without
meeting the requirements of Section 4601 or 4604.
4607. The superior court in and for the county in which any
person acts as a massage practitioner or massage therapist in
violation of the provisions of this chapter, may, upon a petition by
any person, issue an injunction or other appropriate order
restraining the conduct. The proceedings under this paragraph shall
be governed by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure.
4608. Nothing in this chapter is intended to limit or prohibit a
person who obtains a certification pursuant to this chapter from
providing services pursuant to, and in compliance with, Sections
2053.5 and 2053.6.
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. 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.
4613. (a) Nothing in this chapter shall restrict or limit in any
way the authority of a city, county, or city and county to adopt a
local ordinance governing any person who is not certified pursuant to
this chapter.
(b) Nothing in this chapter is intended to affect the practice
rights of any person licensed by the state to practice or perform any
functions or services pursuant to that license.
4615. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
4620. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.