Massage therapy.

(1) Existing law, until January 1, 2015, creates the California Massage Therapy Council and provides for the voluntary certification of massage practitioners and massage therapists by the council. Existing law specifies the requirements for the council to issue to an applicant a certificate as a massage practitioner or massage therapist, including completion of a curricula in massage and related subjects at an approved school. Existing law requires the council to immediately suspend, on an interim basis, the certificate of a certificate holder, if the council receives notice that the certificate holder has been arrested for and charged with, specified crimes, including soliciting or engaging in an act of prostitution or an act punishable as a sexually related crime. This bill would make the records of the council open to public inspection pursuant to the California Public Records Act. The bill would require an approved or registered school to notify its students if the council has removed council approval of the school. The bill would also require the council to notify the city, county, or city and county where a certificate holder is operating when the council has revoked a massage certificate. (2) Existing law authorizes a city, county, or city and county to charge a massage business or establishment a business licensing fee that is no higher than the lowest fee that is applied to other individuals and businesses providing professional services, as defined. Existing law prohibits a local building code or physical facility requirements applicable to a massage business or establishment from requiring an unlocked door when there is no staff available to ensure security of clients and massage staff who are behind closed doors. Existing law makes an owner or operator of a massage business or establishment who is a certificate holder responsible for the conduct of all employees or independent contractors working on the business premises. This bill would, instead, authorize a city, county, or city and county to charge a massage business or establishment a business licensing fee that is no higher than the average fee that is applied to other individuals and businesses providing professional services. The bill would delete the prohibition against an ordinance requiring an unlocked door as described above. The bill would require an owner or operator to be responsible, as described above, regardless of whether the owner or operator is a certificate holder. (3) Existing law authorizes a city, county, or city and county to enact an ordinance that provides for the licensing and regulation of the business of massage. This bill would expressly authorize the ordinance to prohibit an individual or entity from operating a massage business without a valid massage business license, as defined, to require that, during a massage business' operating hours, a certificate holder be present, the massage business display a list of its employees and independent contractors certificate holders, and that each employee or independent contractor present his or her state-issued identification card or United States passport to a law enforcement officer upon request. The bill would also expressly authorize the ordinance to require a massage business to provide the list of certificate holders to the enacting body, and to prohibit sexual conduct at a massage business' premises. The bill would require the legislative body to transmit a copy of the ordinance to the council. (4) Existing law authorizes a licensing body to deny a license if there is proof that the massage personnel, owners, and operators have been convicted of specified crimes, including soliciting or engaging in an act of prostitution. This bill would authorize a licensing body to deny a local massage business license if the council or licensing body of another jurisdiction has revoked the applicant's massage certificate or massage business license, respectively, the council has disciplined the applicant for unprofessional conduct or other specified acts, or the massage business is located where a previous massage business was located and the massage business license of that previous massage business was revoked. This bill would authorize a local licensing body to suspend a massage business license if the owner, operator, or an employee of a massage business is arrested for specified crimes, including soliciting or engaging in an act of prostitution, for a period up to and including any administrative and judicial hearing regarding the violation, and would require the licensing body to reinstate the massage business license within 60 days of a decision finding the person not guilty of the alleged violation. This bill would authorize a licensing body to revoke a local massage business license if the council or licensing body of another jurisdiction has revoked the owner's or operator's massage certificate or massage business license, respectively, or the council has disciplined the owner or operator for unprofessional conduct or other specified acts.