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BACKGROUND SB 731, codified in Chapter 10.5 of the Business and Professions Code, was enacted to establish voluntary, statewide certification for massage practitioners, therapists and establishments. SB 731 created the Massage Therapy Organization that is now called the California Massage Therapy Council (CAMTC). The CAMTC is not a state department, bureau or other entity; it is a non profit corporation. It is self- funded and supported by application fees, which are $150 per application. The CAMTC has a board of directors that may consist of representatives of massage associations, representatives of statewide associations of private postsecondary schools, one member of the League of California Cities, one member of the California State Association of Counties, one member selected by the Director of Consumer Affairs, and one member appointed by the California Community College Chancellor's Office. The CAMTC is charged with developing a certification procedure, evaluating applicants, working with the Department of Justice to screen applicants and keep updated on any relevant criminal activity, evaluating schools from which applicants have obtained their educations, issuing certifications to qualified applicants, maintaining information about certificate holders, overseeing certificate holders, and disciplining certificate holders through, for example, suspension and revocation of their certificates. The CAMTC may begin issuing certificates on September 1, 2009. DISCUSSION The amendments proposed revise the Municipal Code in the following ways: 1. provide an exemption from city massage permitting requirements for persons who are certified under state law; 2. require that certificate holders who are massage establishments and businesses do the following: a. register with the Police Department prior to providing massage; b. openly and conspicuously display a copy of the certificate on the premises of the massage business; c. comply with the Massage Ordinance's current facility and operating requirements; and d. comply with the Massage Ordinance's prohibited conduct provisions. 3. provide that the City may inspect massage businesses to ensure compliance with state law, the Municipal Code, and other applicable fire and health and safety requirements; and 4. amend the definition of "Recognized School of Massage" to conform with SB 731's definition of "Approved School SB 731 limits the authority of local jurisdictions to regulate massage in their communities because local jurisdictions may not require certificate holders to have local permits. The City's continued regulation of non exempt and, as allowed by state law, exempt (i.e., certificate holders) massage practitioners, therapists and establishments, Page 2 of 3