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CITY OF MOORPARK, CAL,17r,'�'`':. -
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Deputy City Manager
David Lasher, Senior Management n yst
DATE: February 5, 2009 (CC Meeting of 2/18/2009)
SUBJECT: Consider Resolution Adjusting Fees for Massage Permits and
Amending Resolution No. 2008 -2777
DISCUSSION
On December 3, 2008, the Moorpark City Council adopted Resolution No. 2008 -2777,
which included an adjustment to the fees charged for the processing and issuance of
massage establishment and massage therapist permits in order to recover the costs
related to providing a massage permit. The fees for massage establishment and
massage therapist permits increased to $459.00 per permit effective January 2, 2009.
This was a substantial increase, but necessary to recover the costs associated with the
processing of massage permits. In the month since massage related fees increased, a
number of massage therapists have approached City Hall to obtain massage permits.
and complained about the cost increase.
Senate Bill 731 (copy attached), which created a new non - profit statewide organization,
the Massage Therapy Organization (MTO) to certify legitimate massage practitioners
and therapists, is scheduled to take effect on September 1, 2009. At that time, the new
MTO regulations will supersede local laws regarding the regulation and issuance of
permits to massage therapists in California. Nothing in the new regulations prohibits
municipalities from enforcing separate planning and zoning or building and safety
requirements for facilities usage, but upon September 1, 2009, municipalities will be
prohibited from regulating massage therapists and from charging fees previously
associated with massage permits.
Massage permits for a business establishment are issued a site permit with a list of
massage therapists approved to work at the site. An individual massage therapist
employed in a licensed massage establishment is not required to obtain a separate
massage therapist permit. The therapists would operate under the umbrella of the
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Honorable City Council
February 18, 2009
Page 2
establishment's permit, provided that they do not provide massage as an independent
contractor within Moorpark outside of the scope of the establishment. Individual
massage therapists who provide massage services as self - employed therapists,
providing services at a variety of locations (such as at a private residence) would be
responsible for obtaining an individual massage therapist permit and a business
registration permit as well as a home occupation permit, if applicable. Additionally, it
should be noted that staff currently accepts "live scan" (fingerprinting) completed by
individual therapists for other Ventura County cities, if the fingerprinting occurred within
the past twelve months. This represents a savings to the applicant of forty -two dollars
($42.00). The fingerprinting cost is not a part of the City's permit fee, but is a
requirement of the massage permit application.
In the event that an establishment hires additional therapists, the therapists would be
responsible for contacting the City and providing proof that they have been subject to a
DOJ background investigation within the past year. Each massage establishment
would be advised (in advance) to refer new therapists to the City to register. Upon
providing legitimate documentation, the additional therapists would then be added to the
establishment's record of registered therapists.
The Code Compliance Division, in conjunction with the Moorpark Police Department,
will conduct unannounced spot checks of therapists and licensed establishments. If an
establishment is found to have employed an unregistered massage therapist, the
establishment would be subject to prosecution, especially if the massage therapist(s)
was not certified or had not been background checked in accordance with applicable
local and state laws.
Given the pending commencement of the MTO and its superseding oversight on
September 1, 2009, Council could consider pro - rating the $459.00 fee to $306.00
(subtracting four months for the period of September to December 2009 at a rate of
$38.25 per month) from the permit fee or to another rate as desired or determined.
FISCAL IMPACT
There is no fiscal impact of adjusting the massage establishment and massage therapy
permits based on a pro -rated schedule since the City would not provide such service
beyond September 1, 2009.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution 2009 -_ amending Section 6 of Resolution No. 2008 -2777 to allow
for the collection of a pro -rata fee for massage permits.
ATTACHMENT:
1. Senate Bill 731
2. Resolution No. 2009 -
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Senate Bill No. 731
CHAPTER 384
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.
[ Approved By Governor September 27, 2008. Filed with
Secretary of State September 27, 2008. ]
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;
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CC ATTACHMENT 1 ��b! ���
and to provide aself- 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
1,
activities as authorized by this section once it has submitted a request to the Internal
Revenue Service seeking this exemption.
(fi) "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 adues- 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.
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(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
317 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
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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.
(fi) 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 astate- 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 astate- 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
11 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.
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(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
' �� 0 �,
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.
�tai915
(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.
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING SECTION 6 OF
RESOLUTION NO. 2008 -2777 TO REVISE FEES FOR
SERVICES RENDERED PURSUANT TO THE MOORPARK
MUNICIPAL CODE RELATING TO MASSAGE
ESTABLISHMENT AND MASSAGE THERAPIST PERMITS
WHEREAS, the City of Moorpark has identified a need to protect the health and
welfare of the public by becoming more familiar with business operations and
procedures in the community; and
WHEREAS, massage therapy is a category of business that requires additional
and specialized permits with respect to the public's health and safety; and
WHEREAS, California Senate Bill 731 (Oropeza) will establish the State
Massage Therapy Organization, effective September 1, 2009, which will take over the
issuance of massage therapist permits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Section 6. of Resolution 2008 -2777 is hereby amended in its
entirety to read:
"SECTION 6. The fee for obtaining a massage establishment permit and /or a
massage therapist permit required by Chapter 5.48 of Title 5 of the Moorpark Municipal
Code shall be THREE - HUNDRED AND SIX AND NO /100 DOLLARS ($306.00) per
applicant for a massage establishment permit and /or a massage therapist permit for the
period of January 1, 2009 to August 31, 2009, until the establishment of the state
Massage Therapist Organization on September 1, 2009."
SECTION 2. This Resolution shall become effective upon adoption following
the public meeting held on February 18, 2009.
CC ATTACHMENT 2 ''3`e017
Resolution No. 2009 -
Page 2
SECTION I. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of February 2009.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
J- 8