Senate Bill 731 signed into law by Governor Schwarzenegger Saturday, September 27, 2008. SB 731 was introduced by Senator Oropeza in 2007. The legislation created a private non-profit California Massage Therapy Council (CAMTC) empowered by the State to issue certification to massage professionals using, initially, a two-tier system: a Massage Practitioner level for those with 250 hours of training (the Massage Practitioner level will be phased out December 31, 2015) and a Massage Therapist level for those with 500 hours of training. The certification is supposed to be voluntary, meaning that you can still practice massage without the state-approved certification if you meet local business-licensing requirements. However, some municipalities are requiring massage professionals who apply for a business license to be certified by CAMTC, so certification is mandatory in some locations. Massage professionals who are not required to have CAMTC certification when applying for a business license must still adhere to what are often onerous municipal codes. Click here to view the bill. Click here to read the response of the Associated Bodywork and Massage Professionals. Click here to view the SB 731 Fact Sheet
Under the new law, in order to use the terms "CMP," "CMT," "Certified Massage Practitioner," or "Certified Massage Therapist," you must earn CAMTC certification. Many massage professionals have been using these terms incorrectly for decades, even though there has never been any state-recognized certification in California. However, because of SB 731, use of the terms without CAMTC certification is now a violation of section 17200 of the California Business and Professions Code, and violators can be prosecuted under this code. Please click here for more information about this issue.
Senate Bill 731 is the culmination of a movement in California to institute regulation of massage practitioners at the state level (the State already regulates private massage schools). This movement has been controversial. Some massage industry insiders feel that the bill is based on arbitrary standards that lack supporting evidence. Many people engaged in other types of bodywork have been concerned that the legislation will attempt to regulate them even though they do not practice massage. On the other hand, many practitioners of massage are outraged by the discriminatory and demeaning requirements of some city and county governments, which can include, for example, on-site showers, tests for syphilis and gonorrhea, peep holes for law enforcement officers, and keeping doors unlocked to permit law enforcement officers to enter the workplace unannounced. Many of the municipal codes that regulate massage businesses in California were designed to regulate not the legitimate profession of massage therapy but the sex trade (these codes, which may refer to breasts, genitals, drugs and alcohol, are sometimes referred to as “prostitution codes”). Since SB 731 preempts these local codes, many massage professionals in the state who are subjected to these codes supported the bill.
The provisions of SB 731 were clarified by Senate Bill 294, signed into law by Governor Schwarzenegger September 30, 2010. SB 294 ensures that massage professionals certified by CAMTC can practice anywhere in California, and that cities and counties can require CAMTC-certified massage professionals to have a business license but no municipality or law enforcement department can requre an additional massage permit or massage license.
Ahnos Netanel, CEO of CAMTC, in an e-mail dated 10/29/10, clarified what municipalities can require of those with CAMTC certification:
CAMTC law (Business and Professions Code Sections 4600 et seq.) provides that once certified by CAMTC, a certificate holder may practice massage anywhere in the State of California. Specifically, Section 4612(a)(2) of CAMTC law provides that no city or county may require a license, permit, or other authorization to practice massage by an individual who is certified by CAMTC.
However, the remainder of Section 4612 goes on to make clear that nothing in the law precludes a city or county from requiring a business license for massage professionals who are sole proprietors, independent contractors, or who rent space (including filling out an application for a business license that requests relevant information) or from enacting reasonable health and safety regulations which are applicable to massage professionals. Massage professionals who are true W-2 employees should not be required to obtain a business license.
Reasonable business license requirements and health and safety regulations by cities are applicable to all types of businesses – not just massage professionals – and we support the cities’ right to enact such requirements. However, a city may not require a CAMTC certificate holder to also have a city massage permit or massage license, which is different than the general business requirements.
In 2003, Assembly Member Kehoe introduced Assembly Bill 1388, the purpose of which was to “establish the Board of Massage Therapy in the Department of Consumer Affairs to license and regulate massage therapists, as defined and massage practitioners, as defined.” The bill did not pass. Click here to view the bill.
In 2005, Senator Figueroa introduced Senate Bill 412, which did not pass. Click here to view the bill and information from professional massage organizations whose members would have been subject to the provisions of the bill.
