From: California Massage Therapy Council
RE: Summary of changes from current Massage Therapy Law to AB 1147
The California Massage Therapy Council (“CAMTC”) is pleased to inform you that on September 18, 2014, AB 1147, otherwise known as the Massage Therapy Act, was signed into law by Governor Jerry Brown. CAMTC supported this bill. The new Massage Therapy Act will go into effect on January 1, 2015. AB 1147 continues the existence of CAMTC until January 1, 2017, and makes other substantial changes to existing law.
Since you are a CAMTC certificate holder, all of the information in this document applies directly to you, therefore CAMTC strongly urges you to read the entire document.
Certification Tiers
What you need to know if you are a Certified Massage Therapist (“CMT”):
If you are already certified as a CMT, you can continue to be certified as a CMT as long as you do not allow your certification to lapse for six months or more. Those whose certificates lapse for six months or longer will be treated as new applicants upon re-application and must meet the current certification requirements existing at the time the application is received. Starting on January 1, 2015, new CMT applicants must have:
- Completed 500 hours of education from approved schools, and
- Passed a CAMTC approved exam.
Currently the following exams are CAMTC approved: the Massage and Bodywork Licensing Exam (MBLEx); the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB); and the National Certification Exam for Therapeutic Massage (NCETM).
What you need to know if you are a Certified Massage Practitioner (“CMP”):
If you are already certified as a CMP, you can continue to be certified as a CMP as long as you do not allow your certification to lapse for six months or more. Those whose certificates lapse for six months or longer will be treated as new applicants upon re-application and must meet the current certification requirements existing at the time the application is received. OnJanuary 1, 2015, the certification tier for CMP will close, and all new applicants must meet the CMT requirements for certification noted above.
If you are a CMP seeking to upgrade to CMT, please note that on January 1, 2015, the requirements for upgrading will change. As of January 1, 2015, applicants requesting upgrades from CMP to CMT must have completed 500 hours of education from approved schools and have passed a CAMTC approved exam. This means that as of January 1, 2015, CAMTC will no longer accept continuing education hours for upgrades.
What you need to know if you are a Conditionally Certified Massage Practitioner (“CCMP”): (If you received a 100 hour Certification)
If you are a CCMP, you can still continue to work towards certification as a CMP as long as you take and report 30 hours of continuing education every year (from approved schools or CAMTC approved continuing education providers) until a total of 250 hours of education are completed.
Additions to Basis for Denial or Discipline
In addition to the already existing bases for denial of applications and discipline of certificate holders, AB 1147 adds the following additional bases as of January 1, 2015 (some of these were previously imposed through CAMTC policy and are now clearly stated in the law):
- Engaging in sexually suggestive advertising related to massage services;
- Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence;
- Engaging in sexual activity while providing massage services for compensation;
- Practicing massage with a suspended certificate or practicing outside of the conditions of a restricted certificate;
- Providing massage of the genitals or anal region;
- Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California Health Care Provider;
- Attempting to procure a certificate by fraud, misrepresentation, or mistake;
- Failing to fully disclose all requested information on the application;
- Being inappropriately dressed while engaged in the practice of massage for compensation or while visible to clients in a massage establishment, in any of the following:
- o Attire that is transparent, see-through, or substantially exposes the person’s undergarments;
- o Swim attire if not providing a water-based massage modality approved by the council;
- o In a manner that exposes breasts, buttocks, or genitals;
- o In a manner that violates Penal Code section 314 (indecent exposure); or
- o In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in California.
The new law also specifically requires that CAMTC deny an application or revoke the certificate of a certificate holder if a person is required to register as a sex offender in California or another state.
Currently Existing Basis for Denial or Discipline
The following bases for denial of applications or discipline of certificate holders existing in current law remain in the new Massage Therapy Act:
- Engaging in unprofessional conduct;
- Procuring a certificate by fraud, misrepresentation, or mistake;
- Impersonating an applicant or acting as a proxy for an applicant in an exam required for certification;
- Violating or attempting to violate or assisting or abetting in the violation of any provision of CAMTC’s statute or any rule or bylaw;
- Committing a fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder;
- Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another government agency;
- Conviction of any felony, misdemeanor, infraction, or municipal code violation, or liability in an administrative or civil action for any act that is substantially related to the qualifications, functions, or duties of a certificate holder; or
- Committing an act punishable as a sexually related crime.