California 2019 2019-2020 Regular Session

California Assembly Bill AB775 Introduced / Bill

Filed 02/19/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 775Introduced by Assembly Member ChauFebruary 19, 2019 An act to amend Section 4615 of, and to add Section 4615.5 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 775, as introduced, Chau. Massage therapy.Existing law, 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. Existing law requires an applicant for certification as a massage therapist to complete 500 hours of education from an approved school, and requires the council to develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of massage schools.This bill would establish specified timelines for the approval of schools, including requiring the council to approve or deny approval of a school on or before 6 months from the date the council receives a completed application. The bill would also require a school that has not been approved by the council to notify, and obtain a signed confirmation from, each applicant to the school that the applicant has been notified that the school is not approved by the council and that education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.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 4615 of the Business and Professions Code is amended to read:4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.SEC. 2. Section 4615.5 is added to the Business and Professions Code, to read:4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 775Introduced by Assembly Member ChauFebruary 19, 2019 An act to amend Section 4615 of, and to add Section 4615.5 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 775, as introduced, Chau. Massage therapy.Existing law, 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. Existing law requires an applicant for certification as a massage therapist to complete 500 hours of education from an approved school, and requires the council to develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of massage schools.This bill would establish specified timelines for the approval of schools, including requiring the council to approve or deny approval of a school on or before 6 months from the date the council receives a completed application. The bill would also require a school that has not been approved by the council to notify, and obtain a signed confirmation from, each applicant to the school that the applicant has been notified that the school is not approved by the council and that education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 775

Introduced by Assembly Member ChauFebruary 19, 2019

Introduced by Assembly Member Chau
February 19, 2019

 An act to amend Section 4615 of, and to add Section 4615.5 to, the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 775, as introduced, Chau. Massage therapy.

Existing law, 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. Existing law requires an applicant for certification as a massage therapist to complete 500 hours of education from an approved school, and requires the council to develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of massage schools.This bill would establish specified timelines for the approval of schools, including requiring the council to approve or deny approval of a school on or before 6 months from the date the council receives a completed application. The bill would also require a school that has not been approved by the council to notify, and obtain a signed confirmation from, each applicant to the school that the applicant has been notified that the school is not approved by the council and that education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

Existing law, 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. Existing law requires an applicant for certification as a massage therapist to complete 500 hours of education from an approved school, and requires the council to develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of massage schools.

This bill would establish specified timelines for the approval of schools, including requiring the council to approve or deny approval of a school on or before 6 months from the date the council receives a completed application. The bill would also require a school that has not been approved by the council to notify, and obtain a signed confirmation from, each applicant to the school that the applicant has been notified that the school is not approved by the council and that education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4615 of the Business and Professions Code is amended to read:4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.SEC. 2. Section 4615.5 is added to the Business and Professions Code, to read:4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

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 4615 of the Business and Professions Code is amended to read:4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.

SECTION 1. Section 4615 of the Business and Professions Code is amended to read:

### SECTION 1.

4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.

4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.

4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The(2) The approval process for a school shall be consistent with the following timelines:(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school. (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.



4615. (a) The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.

(1) If the council 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 council shall investigate the facts to determine that the applicant received the required education prior to before issuing a certificate.

(2) For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.

(b) (1) The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of approving, denying approval of, or unapproving schools consistent with Section 4601, including any corrective action required to return a an unapproved school to approved status. These policies, procedures, rules, or bylaws shall address topics including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance. The

(2) The approval process for a school shall be consistent with the following timelines:

(A) On or before 30 days from the date the council receives an application for approval as a school, the council shall notify the applicant whether or not the application is complete.

(B) On or before 60 days from the date the council sends notice to an applicant that the application is not complete, the applicant shall submit a completed application. After 60 days have passed, an applicant may submit a new application for approval without prejudice.

(C) On or before six months from the date the council receives a completed application for approval as a school, the council shall approve or deny approval of the school.

 (3) The council shall exercise its authority to approve approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.

(c) The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.

SEC. 2. Section 4615.5 is added to the Business and Professions Code, to read:4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

SEC. 2. Section 4615.5 is added to the Business and Professions Code, to read:

### SEC. 2.

4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.

4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: (a) That the school is not approved by the council.(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.



4615.5. A school that has not been approved by the council pursuant to this chapter, before enrolling an applicant in the school, shall notify the applicant in writing and obtain a signed confirmation from the applicant that the applicant has received written notification of the following: 

(a) That the school is not approved by the council.

(b) That the education completed at the school cannot be used to satisfy any of the requirements for certification as a massage therapist or massage practitioner in California.