California 2017 2017-2018 Regular Session

California Senate Bill SB314 Amended / Bill

Filed 04/26/2017

                    Amended IN  Senate  April 26, 2017 Amended IN  Senate  April 19, 2017 Amended IN  Senate  March 16, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 4604 of the Business and Professions Code, relating to massage therapy.LEGISLATIVE COUNSEL'S DIGESTSB 314, as amended, Nguyen. Massage therapy: certification: credit hours.The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council, pursuant to its policies and procedures, to accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school unapproved unapproved, as defined, by the council after July 1, 2016, if the school meets one of 3 specified requirements. based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.

 Amended IN  Senate  April 26, 2017 Amended IN  Senate  April 19, 2017 Amended IN  Senate  March 16, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 4604 of the Business and Professions Code, relating to massage therapy.LEGISLATIVE COUNSEL'S DIGESTSB 314, as amended, Nguyen. Massage therapy: certification: credit hours.The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council, pursuant to its policies and procedures, to accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school unapproved unapproved, as defined, by the council after July 1, 2016, if the school meets one of 3 specified requirements. based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  April 26, 2017 Amended IN  Senate  April 19, 2017 Amended IN  Senate  March 16, 2017

Amended IN  Senate  April 26, 2017
Amended IN  Senate  April 19, 2017
Amended IN  Senate  March 16, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 314

Introduced by Senator NguyenFebruary 13, 2017

Introduced by Senator Nguyen
February 13, 2017

 An act to amend Section 4604 of the Business and Professions Code, relating to massage therapy.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 314, as amended, Nguyen. Massage therapy: certification: credit hours.

The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council, pursuant to its policies and procedures, to accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school unapproved unapproved, as defined, by the council after July 1, 2016, if the school meets one of 3 specified requirements. based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school.

The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.

This bill would require the council, pursuant to its policies and procedures, to accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school unapproved unapproved, as defined, by the council after July 1, 2016, if the school meets one of 3 specified requirements. based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.

SECTION 1. Section 4604 of the Business and Professions Code is amended to read:

### SECTION 1.

4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.

4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.

4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.



4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:

(1) The applicant is 18 years of age or older.

(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.

(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.

(B) All of the 500 hours shall be from approved schools. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school that was unapproved by the council after July 1, 2016, if the school had never been unapproved by the council or had never had its approval to operate revoked by the Bureau for Private Postsecondary Education prior to July 1, 2016, or had never been deemed ineligible by the council for purposes of applicants providing proof of education to meet the requirements of subparagraph (A). based on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, unapproved means that the council determined that it will not accept hours from a school toward certification.

(3) 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 council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.

(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.

(5) All fees required by the council have been paid.

(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.

(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.