Recent Amendments to the CA Massage Certification Law

California SB 1238 was signed into law by Governor Brown on September 27, 2012. The new law, which goes into effect on January 1, 2013, amends California’s voluntary massage certification statute in several ways. First, the amendment changes the requirements for certification. The prior law allowed applicants to obtain a massage therapist certification by showing that they had either obtained a minimum of 500 hours of massage education, or passed an approved massage and bodywork competency exam. Under the new law, applicants now must show:

• That they completed 500 hours of massage education. 250 of those hours must be from approved schools, and the remaining 250 can be from registered schools or approved or registered continuing education providers;

OR

• That they completed 250 hours of massage education from approved schools, which included at least 100 hours total of anatomy and physiology, contraindications, health and hygiene, and business and ethics, AND that they passed an approved massage and bodywork competency exam.

Second, the new law allows the California Massage Therapy Council (CAMTC) to immediately suspend a massage certification, after notice to the certificate holder, if CAMTC receives “clear and convincing” evidence that the certificate holder has committed an act punishable as a sexually related crime related to the qualifications or functions of a certificate holder. In making its determination, CAMTC can rely on any written statements made under penalty of perjury. A certificate holder whose license is suspended may request a hearing on the suspension, which must be held within 30 days of the request. Third, the amendment authorizes law enforcement and local government agencies, upon CAMTC’s request, to provide information to CAMTC concerning an applicant, including information related to criminal activity or alleged unprofessional conduct. Lastly, while the prior law allowed CAMTC to deny an application or discipline a certificate holder based on a felony conviction that is substantially related to the certificate holder’s qualifications or duties, the new law also allows denial or discipline based on the conviction of a misdemeanor, infraction, or municipal code violation, or liability in an administrative or civil action, that is substantially related to the certificate holder’s qualifications or duties.