a community of practitioners

California State Law

BUSINESS AND PROFESSIONS CODE
SECTION 4600-4620

4600. As used in this chapter, the following terms shall have the

following meanings:

(a) "Approved school" or "approved massage school" means a school

approved by the council that meets minimum standards for training and

curriculum in massage and related subjects and that meets any of the

following requirements:

(1) Is approved by the Bureau for Private Postsecondary Education.

(2) Is approved by the Department of Consumer Affairs.

(3) Is an institution accredited by the Accrediting Commission for

Senior Colleges and Universities or the Accrediting Commission for

Community and Junior Colleges of the Western Association of Schools

and Colleges and that is one of the following:

(A) A public institution.

(B) An institution incorporated and lawfully operating as a

nonprofit public benefit corporation pursuant to Part 2 (commencing

with Section 5110) of Division 2 of Title 1 of the Corporations Code,

and that is not managed by any entity for profit.

(D) An institution that does not meet all of the criteria in

subparagraph (B) that is incorporated and lawfully operating as a

nonprofit public benefit corporation pursuant to Part 2 (commencing

with Section 5110) of Division 2 of Title 1 of the Corporations Code,

that has been in continuous operation since April 15, 1997, and that

is not managed by any entity for profit.

(4) Is a college or university of the state higher education

system, as defined in Section 100850 of the Education Code.

(5) Is a school of equal or greater training that is recognized by

the corresponding agency in another state or accredited by an agency

recognized by the United States Department of Education.

(b) "Compensation" means the payment, loan, advance, donation,

contribution, deposit, or gift of money or anything of value.

"massage and bodywork therapist" means a person who is certified by

the California Massage Therapy Council under subdivision (c) of

Section 4601 and who administers massage for compensation.

(d) "Massage practitioner," "bodywork practitioner," or "massage

and bodywork practitioner" means a person who is certified by the

California Massage Therapy Council under subdivision (b) of Section

4601 and who administers massage for compensation.

(e) "Council" means the California Massage Therapy Council created

pursuant to this chapter, which shall be a nonprofit organization

exempt from taxation under Section 501(c)(3) of Title 26 of the

United States Code. The council may commence activities as authorized

by this section once it has submitted a request to the Internal

Revenue Service seeking this exemption. Whenever the term

"organization" is used in this chapter, it shall mean the council,

except where the context indicates otherwise.

(f) "Registered school" means a school approved by the council

that meets minimum standards for training and curriculum in massage

and related subjects and that either is approved by the Bureau for

Private Postsecondary Education or the Department of Consumer

Affairs, or is an institution accredited by the senior commission or

the junior commission of the Western Association of Schools and

Colleges as defined in paragraph (3) of subdivision (a), is a college

or university of the state higher education system as defined in

Section 100850 of the Education Code, or is a school of equal or

greater training that is approved by the corresponding agency in

another state.

(g) For purposes of this chapter, the terms "massage" and

"bodywork" shall have the same meaning.

4600.5. (a) The California Massage Therapy Council, as defined in

subdivision (e) of Section 4600, shall be created and shall have the

responsibilities and duties set forth in this chapter. The council

may take any reasonable actions to carry out the responsibilities and

duties set forth in this chapter, including, but not limited to,

hiring staff and entering into contracts.

(b) (1) The council shall be governed by a board of directors made

up of two representatives selected by each professional society,

association, or other entity, whose membership is comprised of

massage therapists and that chooses to participate in the council. To

qualify, a professional society, association, or other entity shall

have a dues-paying membership in California of at least 1,000

individuals for the last three years, and shall have bylaws that

require its members to comply with a code of ethics. The board of

directors shall also include each of the following persons:

(A) One member selected by each statewide association of private

postsecondary schools incorporated on or before January 1, 2010,

whose member schools have together had at least 1,000 graduates in

each of the previous three years from massage therapy programs

meeting the approval standards set forth in subdivision (a) of

Section 4600, except from those qualifying associations that choose

not to exercise this right of selection.

(B) One member selected by the League of California Cities, unless

that entity chooses not to exercise this right of selection.

Counties, unless that entity chooses not to exercise this right of

selection.

(D) One member selected by the Director of Consumer Affairs,

unless that entity chooses not to exercise this right of selection.

(E) One member appointed by the Office of the Chancellor of the

California Community Colleges, unless that entity chooses not to

exercise this right of selection. The person appointed, if any, shall

not be part of any massage therapy certificate or degree program.

The council's bylaws shall establish a process for appointing

other professional directors as determined by the board.

(2) The initial board of directors shall establish the council,

initiate the request for tax-exempt status from the Internal Revenue

Service, and solicit input from the massage community concerning the

operations of the council. The initial board of directors, in its

discretion, may immediately undertake to issue the certificates

authorized by this chapter after adopting the necessary bylaws or

other rules, or may establish by adoption of bylaws the permanent

governing structure prior to issuing certificates.

to the cost of providing services and carrying out its ongoing

responsibilities and duties. Initial and renewal fees shall be

established by the board of directors annually.

(d) The meetings of the council shall be subject to the rules of

the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section

11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the

Government Code).

4601. (a) The council shall issue a certificate under this chapter

to an applicant who satisfies the requirements of this chapter.

(b) (1) In order to obtain certification as a massage

practitioner, an applicant shall submit a written application and

provide the council with satisfactory evidence that he or she meets

all of the following requirements:

(A) The applicant is 18 years of age or older.

(B) The applicant has successfully completed, at a single approved

school, curricula in massage and related subjects totaling a minimum

of 250 hours that incorporates appropriate school assessment of

student knowledge and skills. Included in the hours shall be

instruction addressing anatomy and physiology, contraindications,

health and hygiene, and business and ethics, with at least 100 hours

of the required minimum 250 hours devoted to these curriculum areas.

(2) New certificates shall not be issued pursuant to this

subdivision after December 31, 2015. Certificates issued pursuant to

this section or subdivision (a) or (c) of Section 4604 on or before

December 31, 2015, shall, after December 31, 2015, be renewed without

any additional educational requirements, provided that the

certificate holder continues to be qualified pursuant to this

chapter.

applicant shall submit a written application and provide the council

with satisfactory evidence that he or she meets all of the following

requirements:

(1) The applicant is 18 years of age or older.

(2) The applicant satisfies at least one of the following

requirements:

(A) He or she has successfully completed the curricula in massage

and related subjects totaling a minimum of 500 hours. Of this 500

hours, a minimum of 250 hours shall be from approved schools. The

remaining 250 hours required may be secured either from approved or

registered schools, or from continuing education providers approved

by, or registered with, the council or the Department of Consumer

Affairs. After December 31, 2015, applicants may only satisfy the

curricula in massage and related subjects from approved schools.

(B) The applicant has passed a massage and bodywork competency

assessment examination that meets generally recognized psychometric

principles and standards, and that is approved by the board. The

successful completion of this examination may have been accomplished

before the date the council is authorized by this chapter to begin

issuing certificates.

(3) All fees required by the council have been paid.

(d) The council shall issue a certificate to an applicant who

meets the other qualifications of this chapter and holds a current

and valid registration, certification, or license from any other

state whose licensure requirements meet or exceed those defined

within this chapter. The council shall have discretion to give credit

for comparable academic work completed by an applicant in a program

outside of California.

(e) An applicant applying for a massage therapist certificate

shall file with the council a written application provided by the

council, showing to the satisfaction of the council that he or she

meets all of the requirements of this chapter.

(f) Any certification issued under this chapter shall be subject

to renewal every two years in a manner prescribed by the council, and

shall expire unless renewed in that manner. The council may provide

for the late renewal of a license.

(g) (1) The council shall have the responsibility to determine

that the school or schools from which an applicant has obtained the

education required by this chapter meet the requirements of this

chapter. If the council has any reason to question whether or not the

applicant received the education that is required by this chapter

from the school or schools that the applicant is claiming, the

council shall investigate the facts to determine that the applicant

received the required education prior to issuing a certificate.

(2) For purposes of paragraph (1) and any other provision of this

chapter for which the council is authorized to receive factual

information as a condition of taking any action, the council shall

have the authority to conduct oral interviews of the applicant and

others or to make any investigation deemed necessary to establish

that the information received is accurate and satisfies any criteria

established by this chapter.

4601.2. No certificates shall be issued by the organization

pursuant to this chapter prior to September 1, 2009.

4601.3. (a) Prior to issuing a certificate to the applicant or

designating a custodian of records, the council shall require the

applicant or the custodian of records candidate to submit fingerprint

images in a form consistent with the requirements of this section.

The council shall submit the fingerprint images and related

information to the Department of Justice for the purpose of obtaining

information as to the existence and nature of a record of state and

federal level convictions and of state and federal level arrests for

which the Department of Justice establishes that the applicant or

candidate was released on bail or on his or her own recognizance

pending trial. Requests for federal level criminal offender record

information received by the Department of Justice pursuant to this

section shall be forwarded to the Federal Bureau of Investigation by

the Department of Justice. The Department of Justice shall review the

information returned from the Federal Bureau of Investigation, and

shall compile and disseminate a fitness determination regarding the

applicant or candidate to the council.

(b) The Department of Justice shall provide information to the

council pursuant to subdivision (p) of Section 11105 of the Penal

Code.

sufficient to cover the cost of processing the request for state and

federal level criminal offender record information.

(d) The council shall request subsequent arrest notification

service from the Department of Justice, as provided under Section

11105.2 of the Penal Code, for all applicants for licensure or

custodian of records candidates for whom fingerprint images and

related information are submitted to conduct a search for state and

federal level criminal offender record information.

(e) This section shall become operative September 1, 2009.

4601.4. Council directors, employees, or volunteer individuals may

undergo the background investigation process delineated in Section

4601.3.

4602. (a) The council may discipline a certificate holder by any,

or a combination, of the following methods:

(1) Placing the certificate holder on probation.

(2) Suspending the certificate and the rights conferred by this

chapter on a certificate holder for a period not to exceed one year.

(3) Revoking the certificate.

(4) Suspending or staying the disciplinary order, or portions of

it, with or without conditions.

(5) Taking other action as the council, as authorized by this

chapter or its bylaws, deems proper.

(b) The council may issue an initial certificate on probation,

with specific terms and conditions, to any applicant.

receives notice that a certificate holder has been arrested and

charges have been filed by the appropriate prosecuting agency against

the certificate holder alleging a violation of subdivision (b) of

Section 647 of the Penal Code or any other offense described in

subdivision (h) of Section 4603, the council shall take all of the

following actions:

(A) Immediately suspend, on an interim basis, the certificate of

that certificate holder.

(B) Notify the certificate holder within 10 days at the address

last filed with the council that the certificate has been suspended,

and the reason for the suspension.

records as employing the certificate holder that the certificate has

been suspended.

(2) Upon notice to the council that the charges described in

paragraph (1) have resulted in a conviction, the suspended

certificate shall become subject to permanent revocation. The council

shall provide notice to the certificate holder within 10 days that

it has evidence of a valid record of conviction and that the

certificate will be revoked unless the certificate holder provides

evidence within 15 days that the conviction is either invalid or that

the information is otherwise erroneous.

(3) Upon notice that the charges have resulted in an acquittal, or

have otherwise been dismissed prior to conviction, the certificate

shall be immediately reinstated and the certificate holder and any

business that received notice pursuant to subparagraph (C) of

paragraph (1) shall be notified of the reinstatement within 10 days.

4602.5. (a) Upon the request of any law enforcement agency or any

other representative of a local government agency with responsibility

for regulating, or administering a local ordinance relating to,

massage or massage businesses, the council shall provide information

concerning a certificate holder, including, but not limited to, the

current status of the certificate, any history of disciplinary

actions taken against the certificate holder, the home and work

addresses of the certificate holder, and any other information in the

council's possession that is necessary to verify facts relevant to

administering the local ordinance.

(b) The council shall accept information provided by any law

enforcement agency or any other representative of a local government

agency with responsibility for regulating, or administering a local

ordinance relating to, massage or massage businesses. The council

shall have the responsibility to review any information received and

to take any actions authorized by this chapter that are warranted by

that information.

4603. It is a violation of this chapter for a certificate holder to

commit, and the council may deny an application for a certificate or

discipline a certificate holder for, any of the following:

(a) Unprofessional conduct, including, but not limited to, denial

of licensure, revocation, suspension, restriction, or any other

disciplinary action against a certificate holder by another state or

territory of the United States, by any other government agency, or by

another California health care professional licensing board. A

certified copy of the decision, order, or judgment shall be

conclusive evidence of these actions.

(b) Procuring a certificate by fraud, misrepresentation, or

mistake.

assisting in or abetting the violation of, or conspiring to violate,

any provision or term of this chapter or any rule or bylaw adopted

by the council.

(d) Conviction of any felony, or conviction of a misdemeanor that

is substantially related to the qualifications or duties of a

certificate holder, in which event the record of the conviction shall

be conclusive evidence of the crime.

(e) Impersonating an applicant or acting as a proxy for an

applicant in any examination referred to under this chapter for the

issuance of a certificate.

(f) Impersonating a certified practitioner or therapist, or

permitting or allowing an uncertified person to use a certificate.

(g) Committing any fraudulent, dishonest, or corrupt act that is

substantially related to the qualifications or duties of a

certificate holder.

(h) Committing any act punishable as a sexually related crime.

4603.1. (a) No certificate holder or certificate applicant may be

disciplined or denied a certificate pursuant to Section 4603 except

according to procedures satisfying the requirements of this section.

A denial or discipline not in accord with this section or subdivision

(b) Any certificate applicant denial or certificate holder

discipline shall be done in good faith and in a fair and reasonable

manner. Any procedure that conforms to the requirements of

subdivision (c) is fair and reasonable, but a court may also find

other procedures to be fair and reasonable when the full

circumstances of the certificate denial or certificate holder

discipline are considered.

subdivision (c) of Section 4602 are followed, or if all of the

following apply:

(1) The provisions of the procedure have been set forth in the

articles or bylaws, or copies of those provisions are sent annually

to all the members as required by the articles or bylaws.

(2) It provides the giving of 15 days prior notice of the

certificate denial or certificate holder discipline and the reasons

therefor.

(3) It provides an opportunity for the certificate applicant or

certificate holder to be heard, orally or in writing, not less than

five days before the effective date of the certificate denial or

certificate holder discipline by a person or body authorized to

decide that the proposed certificate denial or certificate holder

discipline not take place.

(d) Any notice required under this section may be given by any

method reasonably calculated to provide actual notice. Any notice

given by mail must be given by first-class or certified mail sent to

the last address of the certificate applicant or certificate holder

shown on the council's records.

(e) Any action challenging a certificate denial or certificate

holder discipline, including any claim alleging defective notice,

shall be commenced within one year after the date of the certificate

denial or certificate holder discipline. If the action is successful,

the court may order any relief, including reinstatement, that it

finds equitable under the circumstances.

(f) This section governs only the procedures for certificate

denial or certificate holder discipline and not the substantive

grounds therefor. A certificate denial or certificate holder

discipline based upon substantive grounds that violates contractual

or other rights of the member or is otherwise unlawful is not made

valid by compliance with this section.

(g) The council shall be sued only in the county of its principal

office.

4603.5. It shall be the responsibility of any certificate holder to

notify the council of his or her home address, as well as the

address of any business establishment where he or she regularly works

as a massage therapist or massage practitioner, whether as an

employee or as an independent contractor. A certificate holder shall

notify the council within 30 days of changing either his or her home

address or the address of the business establishment where he or she

regularly works as a massage therapist or massage practitioner.

4603.7. A certificate holder shall include the name under which he

or she is certified and his or her certificate number in any and all

advertising and shall display his or her certificate at his or her

place of business.

4604. (a) Notwithstanding Section 4601, the council may grant a

massage practitioner certificate to any person who applies on or

before January 1, 2012, with one of the following:

(1) A current valid massage permit or license from a California

city, county, or city and county and documentation evidencing that

the person has completed at least a 100-hour course in massage at an

approved or registered school, or out-of-state school recognized by

the council as providing comparable education, has been practicing

for at least three years, and has provided at least 1,000 hours of

massage to members of the public for compensation.

(2) Documentation evidencing that the person has completed at

least a 100-hour course in massage at an approved or registered

school, or out-of-state school recognized by the council as providing

comparable education, has been practicing for at least three years,

and has provided at least 1,750 hours of massage to members of the

public for compensation. For purposes of this subdivision, evidence

of practice shall include either of the following:

(A) A W-2 form or employer's affidavit containing the dates of the

applicant's employment.

(B) Tax returns indicating self-employment as a massage

practitioner or massage therapist or any other title that may

demonstrate experience in the field of massage.

(3) Documentation evidencing that the person holds a current valid

certificate of authorization as an instructor at an approved massage

school, or holds the position of a massage instructor at a school

accredited by an agency recognized by the United States Department of

Education, or colleges and universities of the state higher

education system, as defined in Section 100850 of the Education Code.

(b) (1) After reviewing the information submitted under

subdivision (a), the council may require additional information

necessary to enable it to determine whether to issue a certificate.

(2) If an applicant under paragraph (1) of subdivision (a) or

paragraph (1) of subdivision (c) has not complied with Section

4601.3, or its equivalent, when obtaining a license or permit from

the city, county, or city and county, the council shall require the

applicant to comply with Section 4601.3 prior to issuing a

certificate pursuant to this section.

on or before January 1, 2012, who meets the educational requirements

of either paragraph (1) or (2) of subdivision (a), but who has not

completed the required number of practice hours prior to submitting

an application pursuant to this section, may apply for a conditional

certificate.

(2) An applicant for a conditional certificate shall, within five

years of being issued the conditional certificate, be required to

complete at least 30 hours of additional education per year from

schools or courses described in paragraph (5) until he or she has

completed a total of at least 250 hours of education, which may

include massage education hours previously completed in a massage

course described in either paragraph (1) or (2) of subdivision (a).

(3) Upon successful completion of the requirements of this

subdivision, the council shall issue a certificate to the person that

is not conditional.

(4) A conditional certificate issued to any person pursuant to

this subdivision shall immediately be nullified, without need for

further action by the council, if the time period specified in

paragraph (2) expires without proof of completion of the requirements

having been filed with the council.

(5) Any additional education required by this section may be

completed through courses provided by any of the following:

(A) An approved school.

(B) A registered school.

Department of Consumer Affairs.

(D) A provider that establishes to the satisfaction of the council

that its course or courses are appropriate educational programs for

this purpose.

(d) Nothing in this section shall preclude the council from

exercising any power or authority conferred by this chapter with

respect to a conditional certificate holder.

4605. It is an unfair business practice for any person to state or

advertise or put out any sign or card or other device, or to

represent to the public through any print or electronic media, that

he or she is certified, registered, or licensed by a governmental

agency as a massage therapist or massage practitioner.

4606. It is an unfair business practice for any person to hold

oneself out or use the title of "certified massage therapist" or

"certified massage practitioner" or any other term, such as

"licensed," "registered," or "CMT," that implies or suggests that the

person is certified as a massage therapist or practitioner without

meeting the requirements of Section 4601 or 4604.

4607. The superior court in and for the county in which any person

acts as a massage practitioner or massage therapist in violation of

the provisions of this chapter, may, upon a petition by any person,

issue an injunction or other appropriate order restraining the

conduct. The proceedings under this paragraph shall be governed by

Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the

Code of Civil Procedure.

4608. Nothing in this chapter is intended to limit or prohibit a

person who obtains a certification pursuant to this chapter from

providing services pursuant to, and in compliance with, Sections

2053.5 and 2053.6.

4612. (a) (1) The holder of a certificate issued pursuant to this

chapter shall have the right to practice massage, consistent with

this chapter and the qualifications established by his or her

certification, in any city, county, or city and county in this state

and shall not be required to obtain any other license, permit, or

other authorization, except as provided in this section, to engage in

that practice.

(2) Notwithstanding any other provision of law, a city, county, or

city and county shall not enact an ordinance that requires a

license, permit, or other authorization to provide massage for

compensation by an individual who is certified pursuant to this

chapter and who is practicing consistent with the qualifications

established by his or her certification, or by a massage business or

massage establishment that employs or uses only persons who are

certified pursuant to this chapter to provide massage for

compensation. No provision of any ordinance enacted by a city,

county, or city and county that is in effect before the effective

date of this chapter, and that requires a license, permit, or other

authorization to provide massage for compensation, may be enforced

against an individual who is certified pursuant to this chapter or

against a massage business or massage establishment that employs or

uses only persons who are certified pursuant to this chapter to

provide massage for compensation.

(3) Except as provided in subdivision (b), nothing in this section

shall be interpreted to prevent a city, county, or city and county

from adopting or enforcing any local ordinance that provides for

reasonable health and safety requirements for massage establishments

or businesses. Subdivision (b) shall not apply to any massage

establishment or business that employs or uses persons to provide

massage services who are not certified pursuant to this chapter.

(b) (1) This subdivision shall apply only to massage

establishments or businesses that are sole proprietorships, where the

sole proprietor is certified pursuant to this chapter, and to

massage establishments or businesses that employ or use only persons

certified pursuant to this chapter to provide massage services. For

purposes of this subdivision, a sole proprietorship is a business

where the owner is the only person employed by that business to

provide massage services.

(2) (A) Any massage establishment or business described in

paragraph (1) shall maintain on its premises evidence for review by

local authorities that demonstrates that all persons providing

massage services are certified.

(B) Nothing in this section shall preclude a city, county, or city

and county from including in a local ordinance a provision that

requires a business described in paragraph (1) to file copies or

provide other evidence of the certificates held by the persons who

are providing massage services at the business.

(3) A city, county, or city and county may charge a massage

business or establishment a business licensing fee, provided that the

fee shall be no different than the fee that is uniformly applied to

all other individuals and businesses providing professional services,

as defined in subdivision (a) of Section 13401 of the Corporations

Code.

(4) Nothing in this section shall prohibit a city, county, or city

and county from enacting ordinances, regulations, rules,

requirements, restrictions, land use regulations, moratoria,

conditional use permits, or zoning requirements applicable to an

individual certified pursuant to this chapter or to a massage

establishment or business that uses only individuals who are

certified pursuant to this chapter to provide massage for

compensation, provided that, unless otherwise exempted by this

chapter, these ordinances, regulations, rules, requirements,

restrictions, land use regulations, moratoria, conditional use

permits, and zoning requirements shall be no different than the

requirements that are uniformly applied to all other individuals and

businesses providing professional services, as defined in subdivision

(a) of Section 13401 of the Corporations Code. No provision of any

ordinance, regulation, rule, requirement, restriction, land use

regulation, moratoria, conditional use permit, or zoning requirement

enacted by a city, county, or city and county that is in effect

before the effective date of this chapter, and that is inconsistent

with this paragraph, may be enforced against an individual who is

certified pursuant to this chapter or against a massage business or

massage establishment that uses only individuals who are certified

pursuant to this chapter to provide massage for compensation.

(5) Local building code or physical facility requirements

applicable to massage establishments or businesses shall not require

additional restroom, shower, or other facilities that are not

uniformly applicable to other professional or personal service

businesses, nor shall building or facility requirements be adopted

that (A) require unlocked doors when there is no staff available to

ensure security for clients and massage staff who are behind closed

doors, or (B) require windows that provide a view into massage rooms

that interfere with the privacy of clients of the massage business.

(6) A city, county, or city and county may adopt reasonable health

and safety requirements with respect to massage establishments or

businesses, including, but not limited to, requirements for

cleanliness of massage rooms, towels and linens, and reasonable

attire and personal hygiene requirements for persons providing

massage services, provided that nothing in this paragraph shall be

interpreted to authorize adoption of local ordinances that impose

additional qualifications, such as medical examinations, background

checks, or other criteria, upon any person certified pursuant to this

chapter.

(7) Nothing in this section shall preclude a city, county, or city

and county from doing any of the following:

(A) Requiring an applicant for a business license to operate a

massage business or establishment to fill out an application that

requests the applicant to provide relevant information.

(B) Making reasonable investigations into the information so

provided.

provided materially false information.

subject to subdivision (b) shall be responsible for the conduct of

all employees or independent contractors working on the premises of

the business. Failure to comply with this chapter may result in

revocation of the owner's or operator's certificate in accordance

with Section 4603. Nothing in this section shall preclude a local

ordinance from authorizing suspension, revocation, or other

restriction of a license or permit issued to a massage establishment

or business if violations of this chapter, or of the local ordinance,

occur on the business premises.

(d) Nothing in this section shall preclude a city, county, or city

and county from adopting a local ordinance that is applicable to

massage businesses or establishments described in paragraph (1) of

subdivision (b) and that does either of the following:

(1) Provides that duly authorized officials of the city, county,

or city and county have the right to conduct reasonable inspections,

during regular business hours, to ensure compliance with this

chapter, the local ordinance, or other applicable fire and health and

safety requirements.

(2) Requires an owner or operator to notify the city, county, or

city and county of any intention to rename, change management, or

convey the business to another person.

(e) Nothing in this chapter shall be construed to preclude a city,

county, or city and county from requiring a background check of an

owner or operator of a massage establishment who owns 5 percent or

more of a massage business or massage establishment and who is not

certified pursuant to this chapter. The background check may consist

of an application that requires the applicant to state information,

including, but not limited to, the applicant's business, occupation,

and employment history for the five years preceding the date of

application, the inclusive dates of same, and the name and address of

any massage business or other like establishment owned or operated

by any person who is subject to the background check requirement of

this subdivision.

4613. (a) Nothing in this chapter shall restrict or limit in any

way the authority of a city, county, or city and county to adopt a

local ordinance governing any person who is not certified pursuant to

this chapter.

(b) Nothing in this chapter is intended to affect the practice

rights of any person licensed by the state to practice or perform any

functions or services pursuant to that license.

4614. The Legislature finds and declares that due to important

health, safety, and welfare concerns that affect the entire state,

establishing a uniform standard of certification and regulation of

massage practitioners and massage therapists upon which consumers may

rely to identify individuals who have achieved specified levels of

education, training, and skill is a matter of statewide concern and

not a municipal affair, as that term is used in Section 5 of Article

XI of the California Constitution. Therefore, this chapter shall

apply to all cities and counties, including charter cities and

charter counties.

4615. This chapter shall be subject to the review required by

Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1

of Division 2 of the Government Code.

4616. This chapter shall be liberally construed to effectuate its

purposes. If any provision of this chapter or the application thereof

to any person or circumstance is held to be invalid, the invalidity

shall not affect other provisions or applications of the chapter that

can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are severable.

4620. This chapter shall remain in effect only until January 1,

2015, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2015, deletes or extends

that date.

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