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AB 1147 Assembly Bill-Bill Analysis Page 9 of 35 engaged in, the business of massage. (GC § 51033 (b) ) 8)Declares that the Legislature in enacting these provisions recognizes the existing power of a city or county to regulate a lawful massage business pursuant to Section 37101, or pursuant to Section 16000 or 16100 of the Business and Professions Code, or under Section 7 of Article XI of the California Constitution, and that nothing contained in these provisions shall be a limitation on the existing power or on the existing authority of a city to license for revenue purposes, nor shall anything contained in these provisions authorize a city, county, or city and county to prohibit a person of one sex from engaging in the massage of a person of the other sex. (GC 4 51034) AB 1147 Page 12 This bill: 1)Prohibits a city or county from preventing a licensed or authorized individual, as specified, from engaging in their regulated profession. 2)Establishes the Massage Therapy Act. 3)Defines "certificate" to mean a valid certificate issued by the CAMTC, as specified. 4)Defines "compensation" to mean "a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value." 5)Clarifies that "Council" means the California Massage Therapy Council (CAMTC), as specified. 6)Clarifies that "massage" means "the scientific manipulation of the soft tissues;" and that the terms "massage" and "bodywork" have the same meaning. 7)Defines a "massage establishment" to mean " a location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis." 8)Defines a "massage practitioner" and a "massage therapist" to mean a person who is certified by the CAMTC, as specified, who administers massage for compensation. 9)Defines an "operator" to mean "a person, whether owner, or nonowner, who meets specified requirements" who does not need to be an owner of the establishment or a certified massage therapist or practitioner. 10)Defines a "sole provider" to mean "a massage business where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active certificate, as specified, and has no other employees." 11)Permits the CAMTC to require background checks for all employees, contractors, volunteers, and board members as a condition of their employment, formation of a contractual relationship, or participation in CAMTC activities. AB 1147 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1101-1150/ab_l 147_cfa_20140620_111115_sen_comm.html 7/3/2014