Personal trainers.

Existing law imposes requirements for a person to hold himself or herself out as a member of a particular vocation or profession, but does not impose those requirements with respect to personal trainers. This bill would provide that a person may not hold himself or herself out as a personal trainer, as defined, unless he or she has a bachelor's degree in either exercise science, kinesiology, fitness science, or another closely related field, or is certified by a national independent organization, as specified, or by an organization accredited by the Council for Higher Education Accreditation, the American National Standards Institute, or by the United States Department of Education. The bill would also require a potential employer, other than an individual, to verify that a person holding himself or herself out as a personal trainer is so accredited or certified. The bill would also require a person holding himself or herself out as a personal trainer to renew and maintain his or her accreditation or certification. Under the bill, a first failure to meet this requirement would subject the person to a $500 administrative fine, a second failure would be subject to a $750 fine, and a third failure would be subject to a $1,000 fine and the person could no longer hold himself or herself out as a personal trainer. These fines would be collected by the Department of Consumer Affairs, and deposited into the Consumer Affairs Fund within the State Treasury, and, upon appropriation by the Legislature 50% of the fine money would be transferred to the office of the district attorney for the county in which the personal trainer resides. This bill, upon appropriation therefor, would also require the department to receive consumer complaints regarding personal trainers and to forward a complaint to the district attorney for the county in which the personal trainer resides. The bill would require the district attorney to investigate the complaint, including determining whether the person is accredited or certified as required, thereby imposing a state-mandated local program. The bill would become operative on January 1, 2012. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.