Chapter 10.5Massage Therapy Act
Section § 4600
This section establishes that the chapter is officially called the 'Massage Therapy Act'. It clarifies that any mention of the Massage Therapy Act in other laws refers to this specific chapter.
Section § 4600.5
This law aims to make it easier for people and local governments to identify certified massage professionals by creating consistent standards across the state. It helps ensure that massage schools offer high-quality training and supports local authorities in maintaining proper conduct in massage businesses. A nonprofit body will oversee certification, and local governments are encouraged to regulate these establishments effectively. Collaboration among local governments, law enforcement, and the massage industry is encouraged to improve communication and develop best practices for regulation, maintaining local control while respecting the professionalism of massage therapy.
Section § 4601
This section defines important terms related to massage therapy in California. An 'approved school' qualifies through approval by various educational agencies, or if it meets certain criteria like being part of the state higher education system. A 'certificate' is what massage practitioners and therapists receive from the California Massage Therapy Council, which is a nonprofit organization. 'Massage' itself refers to the scientific manipulation of soft tissues, while a 'massage establishment' is a location where massages are given for payment. A 'massage practitioner' and a 'massage therapist' are both certified individuals who provide massages for compensation. Finally, a 'sole provider' owns their entire massage business and works independently.
Section § 4602
The California Massage Therapy Council is in charge of creating rules and guidelines for certifying massage therapists. They can hire staff, form contracts, and ensure everything fulfills this chapter’s purposes. Background checks are allowed for everyone involved with the council. Certifications are issued to those meeting the requirements, and the council can verify all applicant information. A 13-member board governs the council, with members from various organizations and agencies, such as city representatives and anti-human trafficking groups. Board members serve four-year terms and reappointment is limited after two terms. Fees for certification must be reasonable and not exceed $300. All meetings follow the transparency rules of the Bagley-Keene Act. Before raising certification fees, the board must provide public notice, unless there's a threat to safety. Language access is a priority, with the council required to assess and offer materials in other languages as needed.
Section § 4603
This law makes it clear that the main job of the council is to protect the public. If there's ever a conflict between protecting the public and any other goals, keeping the public safe is the most important priority.
Section § 4603.1
This law states that local governments can only charge reasonable fees and set necessary rules for massage businesses, ensuring they comply with current laws while protecting legitimate business owners and solo massage therapists.
Section § 4604
To become a certified massage therapist in California, you must be at least 18 and have completed at least 500 hours of relevant education, including courses on anatomy, business, and ethics. These hours must be from approved schools, but exceptions exist for education completed before certain dates. You also need to pass a competency exam in massage and bodywork, though this requirement is temporarily inoperative until 2027. Additionally, you must pass a background check, pay any necessary fees, and you might have your out-of-state education recognized if it matches California's standards. If a certification is suspended or revoked, it and any related ID card must be returned to the certifying council.
Section § 4604.1
This law says that, as of January 1, 2015, no new applications for certified massage practitioner certificates will be accepted. However, people who became certified before this date can still renew their certificates without needing to meet any new educational requirements. If a massage practitioner's certificate is suspended or revoked, they must return their certificate and any related ID card to the council.
Section § 4604.2
If you received a conditional certificate to be a massage practitioner, you need to complete at least 30 hours of extra education each year and total at least 250 hours of education within five years. If you don't provide proof of this education to the council in time, your certificate is canceled immediately. Once you meet these education requirements, the council will give you a new certificate.
Section § 4605
Certificates must be renewed every two years as directed by the council. If not renewed, the certificate will expire. The council might allow late renewals.
Section § 4606
Before giving someone a certificate or making someone a records custodian, the council requires them to submit fingerprint images. These fingerprints are sent to the Department of Justice to check for any criminal records. The Department of Justice then shares the results with the council, including any federal-level information received from the FBI. The applicant must cover the cost of these checks. Additionally, the council is informed of any future arrests related to applicants or record custodians. The council can also receive arrest information from local authorities.
Section § 4607
This law says that a council can take action against a certified massage business owner if anyone working there behaves improperly while providing massage services for money.
Section § 4608
This law requires people who are certified to give massages for pay to follow several rules. They must display their original certificate at their workplace and carry their ID card when working. They must provide their full name and certificate number if asked by the public, authorities, or regulatory agencies. Their name and certificate number must appear in any advertising for their massage services. They must also inform the certification council within 30 days if they change their home address, work address, or primary email.
Section § 4609
This section lists various actions that can get a massage therapist's application denied or their certificate taken away. Unprofessional behavior includes misleading advertising, sexual activities during massages, practicing without a valid certificate, or giving massages where the client hasn't consented properly. It also covers lying on applications, impersonating others, and breaking any rules of the massage council. Furthermore, legal troubles, like criminal convictions, disciplinary actions in other places, or needing to register as a sex offender, are serious red flags. If someone has to register as a sex offender, their application will definitely be denied or their certificate revoked.
Section § 4610
This section outlines how an applicant or current certificate holder may be denied certification or disciplined by the council. Any denial or discipline needs to follow specific fair procedures, such as providing notice and an opportunity for the person to be heard. The council can discipline by probation, suspension, or revocation of the certificate. If a certificate holder is charged with certain crimes, the council must suspend their certificate temporarily. If convicted, the certificate is permanently revoked, but if the charges are dropped, the certificate is reinstated. Any decision can be challenged in court, but challenges must begin within 90 days. Importantly, this section deals with the procedures of denial or discipline, not the reasons for them, which could still be challenged if they violate rights or are unlawful.
Section § 4611
This law makes it illegal for anyone to pretend they are a certified or licensed massage therapist or practitioner in California if they don't have a valid certificate from the proper council. It also prohibits lying in ads, signs, or media about being licensed by a government agency as a massage therapist. Breaking these rules counts as unfair competition and can lead to legal action.
Section § 4612
This section of the law says that local governments in California, like cities and counties, can't make rules that go against state laws related to this chapter or a specific government code section about massage therapy. However, these local governments still have the power to regulate or control people offering massage services for money if they don't have a valid certification.
Section § 4614
This section explains that the council overseeing massage professionals must share information about applicants or certificate holders with law enforcement or local government agencies upon request. They need to provide details like application status, disciplinary history, and addresses. Similarly, these agencies must also share relevant information, such as permit status and legal actions, with the council when requested, focusing on any criminal or unprofessional conduct. The council is responsible for reviewing this information quickly and taking necessary action based on it.
Section § 4615
This law section outlines the responsibilities and processes of a council in determining whether a school's educational program meets specific requirements. The council can investigate if there are doubts about an applicant's education and conduct interviews or investigations. It also sets guidelines for approving, denying, or requiring corrective actions from schools, including timelines for the application process. Schools can appeal decisions, and the council must post certain dates and outcomes online. The council can charge fees for inspections and approvals, as long as they are reasonable. Terms like 'initial application,' 'complete application,' and 'preliminary review' are defined for clarity.
Section § 4615.5
If a school is offering a massage therapy program that isn’t officially approved, it must inform potential students before they enroll. The school has to tell them in writing that it isn’t approved and that completing the program won’t count towards becoming a certified massage therapist or practitioner in California. The student must sign a confirmation that they’ve been informed of this.
Section § 4616
Section § 4617
Section § 4618
This law states that the uniform certification standards for massage practitioners and therapists are important for health and safety reasons across all of California. It emphasizes that this is a statewide concern, which means it applies to all areas, whether they are cities, counties, or charter cities and counties. This ensures that consumers know these professionals are properly trained.
Section § 4619
This law is meant to be interpreted in a way that best achieves its goals. If any part of the law is found to be invalid or not applicable to a situation, that doesn't impact the rest of the law. The other parts of the law will still apply and function independently even if one part doesn't work.
Section § 4621
This law will only be in effect until January 1, 2026, after which it will be canceled. Meanwhile, a specific council's roles and responsibilities will be reviewed by legislative committees.