Color me confused

Replies to This Discussion

Permalink Reply by Gary on June 27, 2010 at 12:43pm

As I understand it, Susan, state law has established the CAMTC as the ONLY government body that can license massage therapist. It also says that other governments (cities, counties, towns ...) cannot require further licensing in order for a person to practice. Those governments CAN still require a business license if applicable (if you are running your own practice, for example).

I know that many municipal governments have decided to cooperate - like San Jose for example - San Jose has dropped their previous licensing regulations. But, some municipalities are fighting because of the loss of revenue from their licensing fees.

I'm not sure what Monterey is doing ... hopefully a therapist from Monterey can fill you in.

Hope this helps and good luck with your practice.

Permalink Reply by Susan Futterman on June 27, 2010 at 2:04pm

Thanks Gary,

I had gotten that far, I think ... but then heard that there was another law in the works that give approval over licensing to local police departments. Did I misunderstand that?

Thanks,
Susan

Permalink Reply by Noel Norwick on June 27, 2010 at 4:53pm

Due to efforts by AMTA, CAMTC and others, that bill has been revised in favor of CAMTC remaining in control. Last I heard, CAMTC will add someone from the CA Police Chiefs' PAC to it's board to insure that their concerns are properly addressed.

Susan Futterman said:

Thanks Gary,

I had gotten that far, I think ... but then heard that there was another law in the works that give approval over licensing to local police departments. Did I misunderstand that?

Thanks,
Susan

Permalink Reply by Susan Futterman on June 27, 2010 at 5:17pm

Thank you, Noel,

That's interesting ... so not that much has changed, it seems.

Much appreciated,
Susan

Noel Norwick said:

Due to efforts by AMTA, CAMTC and others, that bill has been revised in favor of CAMTC remaining in control. Last I heard, CAMTC will add someone from the CA Police Chiefs' PAC to it's board to insure that their concerns are properly addressed.

Susan Futterman said:

Thanks Gary,

I had gotten that far, I think ... but then heard that there was another law in the works that give approval over licensing to local police departments. Did I misunderstand that?

Thanks,
Susan

Permalink Reply by The Rev on June 27, 2010 at 11:54pm

Because of my own confusion, I would leave such things for the clear minded Keith Grant. But, let me try because I am in a city that takes both the CAMTC and other approaches.

(1) NOBODY, in CA, except a municipality/arena that elects to do so, licenses massage providers. California is unique in that the state of CA surrendered the power of licensing of massage after a failed licensing attempt in the 1970's. I am a LMT ONLY in Berkeley CA.

(2) CAMTC is voluntary for the practitioner, but is MANDATORY for a city/county when a credentialed person looks to do business in that community. (It is really beneficial for those looking to work in multiple locations and for those doing business in multiple locations).

SO! With all that in mind, I suggest you focus strictly on Monterey forgetting about anything else. It will probably take you more time to go through the CAMTC process than it would to go through Monterey hoops. With a little bit of luck, the hoops will be easy in Monterey. Of course that goes out the door if the CAMTC path is easier.

Rev Rob the Russian Rubber

Permalink Reply by Susan Futterman on June 28, 2010 at 4:24am

Hmm .... thanks for your explanation. That's consistent with what I had read earlier. In any, case, it sounds like I should simply go ahead and start going through the CAMTC licensure/whatever hoops and hope for the best. (From what I can glean, although not all municipalities require the CAMTC designation, Monterey does. So without it, I might be okay to work in, say, Carmel, but not next door in Monterey.)

I appreciate your help,
Susan

The Rev said:

Because of my own confusion, I would leave such things for the clear minded Keith Grant. But, let me try because I am in a city that takes both the CAMTC and other approaches.

(1) NOBODY, in CA, except a municipality/arena that elects to do so, licenses massage providers. California is unique in that the state of CA surrendered the power of licensing of massage after a failed licensing attempt in the 1970's. I am a LMT ONLY in Berkeley CA.

(2) CAMTC is voluntary for the practitioner, but is MANDATORY for a city/county when a credentialed person looks to do business in that community. (It is really beneficial for those looking to work in multiple locations and for those doing business in multiple locations).

SO! With all that in mind, I suggest you focus strictly on Monterey forgetting about anything else. It will probably take you more time to go through the CAMTC process than it would to go through Monterey hoops. With a little bit of luck, the hoops will be easy in Monterey. Of course that goes out the door if the CAMTC path is easier.

Rev Rob the Russian Rubber

Permalink Reply by Keith Eric Grant on July 11, 2010 at 4:08pm

At this point, other than by changing the law itself and by the new BPPE assuming its role in school approval, the California State government is out of the loop. SB 731 established CAMTC as a state authorized 501(c)(3) non-profit to do background and education checks pursuant to voluntary (at least at the state level) certification as "certified massage practitioners" and "certified massage therapists". CAMTC is under review by the state, but is not in itself a state agency. CAMTC also does not "license". Licensing is a function that can only be done by a state agency. CAMTC certifies.

The law also created, for those certified, an exemption for local licensing of individuals as massage providers. It also placed restrictions on requirements that can be made for establishment licenses for a) a sole-proprietor business run by a CAMTC certified individual and b) massage establishments in which all massage providers are certified. The restrictions are of the general form of being in line with requirements for other professional and personal service businesses. You still do, as a sole-proprietor, need to get a business license, but that should not be any different from any other business license, if you are certified by CAMTC.

Not all local government agencies have come up to speed. Where problems exist, CAMTC is issuing letters to the local agency involved.

The CAMTC website should now be fairly clear ... a big improvement in format recently went up.

Some local agencies have been trying to fence sit ... waiting for what happens with AB 1822 (a legislative challenge by the Calif. Association of Police Chiefs that's been turned back) and for a decision by legislative counsel that it applies to charter cities.

Permalink Reply by Janet on July 15, 2010 at 11:51pm

This is part of an email I received yesterday:

California law states that a CAMTC certified professional may work in any location in the state, regardless of type of business. Please refer anyone at the city of Long Beach who believes otherwise to contact me.

Sincerely,

Mark W. Dixon, NCTMB, HHP
Chair, CAMTC Public Policy and Local Government Committee
714 965-0104

Permalink Reply by Ritual Bliss on November 1, 2010 at 8:20pm

I received this email from CAMTC today:

TO: CAMTC CERTIFICATE HOLDERS

FROM: AHMOS NETANEL, CEO

CALIFORNIA MASSAGE THERAPY COUNCIL

RE: CITY REQUIREMENTS


This is to clarify for CAMTC certificate holders what a city may require of you as far as licensing and regulation.

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.