Massage therapy.

(1) Existing law, until January 1, 2015, provides for the voluntary certification of massage practitioners and massage therapists by a nonprofit Massage Therapy Organization, as defined. Existing law requires the initial board of directors to, among other things, establish the organization. This bill would specify that the Massage Therapy Organization is to be known as the California Massage Therapy Council, as defined. (2) Existing law requires applicants for initial certification as massage practitioners and massage therapists to pay a specified fee and meet certain educational requirements. This bill would require a certificate holder to include certain identifying information in any advertising, and to display his or her certificate at his or her place of business. (3) Existing law prohibits the holder of a certificate or a certificate applicant from being disciplined or denied a certificate unless certain procedural requirements are met. Existing law requires actions challenging a denial or discipline to be commenced within a year after the date of the denial or discipline. Under existing law, applicants and certificate holders are liable for charges incurred before the certificate denial or certificate holder discipline, or other specified charges. This bill would delete that liability requirement and would require the council to be sued only in the county of its principal office. (4) Existing law prohibits a city, county, or city and county from enacting an ordinance, or enforcing an existing ordinance, that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to existing law, as specified. This bill would instead prohibit those local governments from enacting an ordinance or enforcing an existing ordinance that requires a license, permit, or other authorization to provide massage for compensation against an individual certified under existing state law or against a massage business or massage establishment that employs or uses only persons who are so certified. Existing law authorizes a city, county, or city and county to charge a massage business or massage establishment a business licensing fee sufficient to cover the costs of the licensing activities, as specified. This bill would require that the fee be no different than the fee that is uniformly applied to all other individuals and businesses providing professional services, as defined and specified. Existing law authorizes a city, county, or city and county to require a background check of any person certified to practice massage. This bill would authorize such a background check of an owner of 5% or more of a massage business or massage establishment, as specified. The bill would make various conforming changes, including with regard to the failure of an owner or operator of a massage business or establishment to comply with the provisions that apply to the practice of massage therapy.