RE: Summary of changes from current Massage Therapy Law to AB 1147

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1 From: California Massage Therapy Council RE: Summary of changes from current Massage Therapy Law to AB 1147 The California Massage Therapy Council ( CAMTC ) is pleased to inform you that on September 18, 2014, AB 1147, otherwise known as the Massage Therapy Act, was signed into law by Governor Jerry Brown. CAMTC supported this bill. The new Massage Therapy Act will go into effect on January 1, AB 1147 continues the existence of CAMTC until January 1, 2017, and makes other substantial changes to existing law. Since you are a CAMTC certificate holder, all of the information in this document applies directly to you, therefore CAMTC strongly urges you to read the entire document. Certification Tiers What you need to know if you are a Certified Massage Therapist ( CMT ): If you are already certified as a CMT, you can continue to be certified as a CMT as long as you do not allow your certification to lapse for six months or more. Those whose certificates lapse for six months or longer will be treated as new applicants upon re-application and must meet the current certification requirements existing at the time the application is received. Starting on January 1, 2015, new CMT applicants must have: Completed 500 hours of education from approved schools, and Passed a CAMTC approved exam. Currently the following exams are CAMTC approved: the Massage and Bodywork Licensing Exam (MBLEx); the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB); and the National Certification Exam for Therapeutic Massage (NCETM). What you need to know if you are a Certified Massage Practitioner ( CMP ): If you are already certified as a CMP, you can continue to be certified as a CMP as long as you do not allow your certification to lapse for six months or more. Those whose certificates lapse for six months or longer will be treated as new applicants upon re-application and must meet the current certification requirements existing at the time the application is received. On January 1, 2015, the certification tier for CMP will close, and all new applicants must meet the CMT requirements for certification noted above. If you are a CMP seeking to upgrade to CMT, please note that on January 1, 2015, the requirements for upgrading will change. As of January 1, 2015, applicants requesting upgrades from CMP to CMT must have completed 500 hours of education from approved schools and have passed a CAMTC approved exam. This means that as of January 1, 2015, CAMTC will no longer accept continuing education hours for upgrades.

2 What you need to know if you are a Conditionally Certified Massage Practitioner ( CCMP ): If you are a CCMP, you can still continue to work towards certification as a CMP as long as you take and report 30 hours of continuing education every year (from approved schools or CAMTC approved continuing education providers) until a total of 250 hours of education are completed. Additions to Basis for Denial or Discipline In addition to the already existing bases for denial of applications and discipline of certificate holders, AB 1147 adds the following additional bases as of January 1, 2015 (some of these were previously imposed through CAMTC policy and are now clearly stated in the law): Engaging in sexually suggestive advertising related to massage services; Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence; Engaging in sexual activity while providing massage services for compensation; Practicing massage with a suspended certificate or practicing outside of the conditions of a restricted certificate; Providing massage of the genitals or anal region; Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California Health Care Provider; Attempting to procure a certificate by fraud, misrepresentation, or mistake; Failing to fully disclose all requested information on the application; Being inappropriately dressed while engaged in the practice of massage for compensation or while visible to clients in a massage establishment, in any of the following: o Attire that is transparent, see-through, or substantially exposes the person s undergarments; o Swim attire if not providing a water-based massage modality approved by the council; o In a manner that exposes breasts, buttocks, or genitals; o In a manner that violates Penal Code section 314 (indecent exposure); or o In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in California. The new law also specifically requires that CAMTC deny an application or revoke the certificate of a certificate holder if a person is required to register as a sex offender in California or another state. Currently Existing Basis for Denial or Discipline

3 The following bases for denial of applications or discipline of certificate holders existing in current law remain in the new Massage Therapy Act: Engaging in unprofessional conduct; Procuring a certificate by fraud, misrepresentation, or mistake; Impersonating an applicant or acting as a proxy for an applicant in an exam required for certification; Violating or attempting to violate or assisting or abetting in the violation of any provision of CAMTC s statute or any rule or bylaw; Committing a fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder; Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another government agency; Conviction of any felony, misdemeanor, infraction, or municipal code violation, or liability in an administrative or civil action for any act that is substantially related to the qualifications, functions, or duties of a certificate holder; or Committing an act punishable as a sexually related crime. Authority of Local Government to Regulate Massage Businesses and Protections for Certificate Holders AB 1147 substantially expands the authority of cities and counties to impose land use regulations on massage businesses, but that authority is not unlimited. Cities and counties are also restricted in the regulations they can impose on individual CAMTC certificate holders. Cities and counties are specifically prohibited from doing any of the following to a CAMTC certificate holder: Imposing a requirement that a certificate holder obtain any other license, permit, certificate, or other authorization to provide massage for compensation; Imposing a requirement that a certificate holder take any test, medical exam, background check, or comply with educational requirements beyond what is required for CAMTC certification; Imposing a dress code requirement on a certificate holder while that person is engaged in the practice of massage or visible to clients in a massage establishment in excess of the following: o Attire that is transparent, see-through, or substantially exposes the person s undergarments;

4 o Swim attire if not providing a water-based massage modality approved by the council; o In a manner that exposes breasts, buttocks, or genitals; o In a manner that violates Penal Code section 314 (indecent exposure); or o In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in California. Not allowing a certificate holder to perform massage for compensation on the gluteal muscles, not allowing specific massage techniques recognized by CAMTC as legitimate, or imposing any other specific restriction on professional practice beyond those set forth in CAMTC s statute as a basis for denial or discipline. AB 1147 changes the ability of cities and counties to impose land use regulations on massage businesses. As of January 1, 2015, the law provides that: No city or county shall prohibit a person or group of persons certified by CAMTC from engaging in their business, occupation, or profession, or any portion of that business, occupation, or profession. No city or county shall prohibit a person certified by CAMTC from engaging in any act or performing any procedure that falls within their professionally recognized scope of practice. Cities and counties may adopt or enforce a local ordinance governing zoning, business licensing, or reasonable health and safety requirements for all massage establishments. Cities and counties may, by local ordinance, require that all massage establishments obtain a license, permit, certificate, or other authorization in order to operate lawfully in their jurisdiction. AB 1147 specifically prohibits cities and counties from: Defining or regulating any massage establishment as adult entertainment, regardless of whether the establishment is using CAMTC certified individuals to provide massage for compensation or not. Requiring massage establishments to have windows or walls that don t extend from floor to ceiling or have other internal physical structures that interfere with a client s reasonable expectation of privacy. Requiring client draping that goes beyond the covering of genitalia and female breasts, or mandates that the client wear special clothing. Not allowing a massage establishment to lock its external doors if the establishment is a business entity owned by one individual with one or no employees or independent contractors.

5 Requiring massage establishments to post any notices in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices. For more information on the new statute, AB 1147, please go to the following link: If you have any questions about the new law, please with your questions.