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CALIFORNIA A.B. 1147 - Allied Health Credentialing Issues

01/21/2014

Sponsor: Assemblymember Jimmy Gomez (D)

Summary: Current version (1/14/2014): Stipulates that an applicant for a certificate as a massage practitioner shall be issued the certificate, if they have passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards, and that is approved by the California Massage Therapy Council.

Current version (1/14/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20140114_amended_asm_v93.pdf

Amended version (1/6/2014): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20140106_amended_asm_v94.pdf

Amended version (5/31/2013): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20130531_amended_asm_v95.pdf

Amended version (5/7/2013): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20130513_amended_asm_v96.pdf

Amended version (5/1/2013): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20130501_amended_asm_v97.pdf

Amended version (4/15/2013): http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20130415_amended_asm_v98.pdf

Introduced version: http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_1147_bill_20130222_introduced.html

Status: Introduced 2/22/2013. Referred to Business, Professions and Consumer Protection Committee 3/7/2013. Amended by author; referred to Business, Professions and Consumer Protection Committee 4/15/2013. Amended by author; referred to Committee on Business, Professions and Consumer Protection 5/1/2013. Hearing held 5/7/2013. Passed Committee on Business, Professions and Consumer Protection as amended 5/7/2013. Ordered to inactive file 5/16/2013. Removed from inactive file 5/24/2013. Amended 5/31/2013. Referred to Committee on Business, Professions and Consumer Protection 6/3/2013. Amended by author; referred to Committee on Business, Professions and Consumer Protection 1/6/2014. Hearing canceled 1/14/2014. Amended by author; referred to Committee on Business, Professions and Consumer Protection 1/14/2014. Hearing scheduled 1/21/2014.

Outlook: The hearing will be open to the public. Public testimony will be accepted. Written testimony should be submitted in advance of the scheduled hearing. A vote may be taken at the discretion of the committee chair.

This measure was amended back into your issue scope. The January 14 amendment removes this measure's previous provisions regarding massage establishments posting human trafficking notices, and now requires an applicant for a certificate as a massage practitioner to pass a massage and bodywork competency assessment examination.

In order for this measure to be officially designated as a carryover bill, it must pass its chamber of origin by January 31 of the second year of the session. All first year bills that have not passed their chambers of origin by this deadline may no longer receive consideration.

This measure was amended on the Assembly floor. The amendment made substantial changes to business licensing fees for massage establishments. Because the amendment adopted on the floor made a substantial substantive change to a bill as passed by the last committee of reference, the bill, as amended, must be referred by the Speaker to the appropriate committee, which was the Committee on Business, Professions and Consumer Protection.

This measure passed the Committee on Business, Professions and Consumer Protection, 8-4. During the hearing the Committee adopted an amendment, which clarifies subjects of study for a massage therapist applicant. The American Massage Therapy—Association and California Massage Therapy Council support this measure. The City of Huntington Beach; City of Thousand Oaks and the League of California Cities oppose this measure.

This measure's sponsor amended this bill. According to committee staff, amending out of committee is not uncommon. The amendment provides that business will only employ or use certified persons to provide massage services and that failure to comply may result in suspension or revocation of, imposition of conditions upon or action against the certificate of registration.

According to the author, "Several years ago the Legislature pre-empted local control over land use issues surrounding massage parlors. As a result of the preemption numerous communities [complain] about what they regard as an explosion of these places. It is not the intent [of this bill] to disrupt legitimate owners, but a number of communities are experiencing a real concentration of these [massage] parlors."

The sponsor is a member of the majority party. This measure has not garnered the cosponsorship of any other member of the chamber. Democrats control both chambers of the Legislature as well as the office of the Governor.

*Information provided by www.stateside.com