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City of Pleasanton
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/15/2014
DESTRUCT DATE
15Y
DOCUMENT NO
22
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AB 1 147 Assembly Bill-Bill Analysis Page 17 of 35 <br /> professionals, and ensure full compliance with, and execution of, <br /> the requirements of this Act; <br /> b) That broad control over land use in regulating massage <br /> establishments be returned to local governments so that they may <br /> manage those establishments in the best interest of the <br /> individual community, and that the requirements and practice of <br /> the profession of massage therapy remain a matter of statewide <br /> concern, regulation, and oversight; and, <br /> c) That local governments, law enforcement, nonprofit <br /> stakeholders, the massage industry, and massage professionals <br /> work together going forward to improve communication and share <br /> information to further increase the value of statewide <br /> certification, and also to develop a model ordinance reflecting <br /> best practices in massage regulation for cities and counties to <br /> adopt that will respect local control, patient privacy, and the <br /> dignity of the profession of massage therapy. <br /> FISCAL EFFECT: Unknown. This measure has been "keyed" fiscal by <br /> Legislative Counsel. <br /> COMMENTS: <br /> 1.Purpose. According to the Authors, on March 10, 2014, the Assembly <br /> Business, Professions and Consumer Protection Committee and the <br /> Senate Business, Professions and Economic Development Committee held <br /> AB 1147 <br /> Page 23 <br /> a joint Sunset Review hearing to investigate CAMTC's performance and <br /> the related impacts on local governments. A comprehensive review of <br /> CAMTC and testimony from the hearing revealed that current law is <br /> clearly not operating the way it was intended. The review of CAMTC <br /> demonstrated that the organization faces many challenges to its <br /> ability to fulfill its mission, including: the need for greater <br /> oversight of educational institutions; a need for establishment and <br /> business inspections; a need for better administrative controls; <br /> and, a revised board more responsive to stakeholders. In addition, <br /> it was clear that local governments strongly desired to regain land <br /> use authority over establishments using certified professionals, and <br /> for CAMTC to enhance its communications with local government and <br /> law enforcement entities to better help in stopping individuals and <br /> businesses engaged in illegal activity from masquerading as <br /> legitimate healing arts practitioners and damaging the reputation of <br /> the massage therapy profession. <br /> Authors also indicate that, in addition, recent news stories have <br /> highlighted the concern in some communities about a rise in the <br /> number of massage businesses, as well as the fear that some of those <br /> businesses are operating as a front for prostitution or other <br /> illegal activities. <br /> As stated by Assembly Member Bonilla "In an effort to enhance <br /> consumer protection and local control, this bill makes major changes <br /> to the current regulatory system for massage therapy. This bill <br /> will restore the ability for cities to better control massage <br /> establishments while raising certification standards and creating a <br /> stronger regulatory system for massage professionals. It will also <br /> reconstitute the Board of the California Massage Therapy Council to <br /> make it more inclusive by incorporating a broader range of <br /> stakeholders who care about the massage industry in California, <br /> including a city attorney and a member of an anti-human trafficking <br /> organization. It also clarifies the rights of the profession, and <br /> sets out certain protections for consumers of massage. <br /> Unfortunately, the current massage therapy law <br /> http://www.leginfo.ca.gov/pub/I3-I4/bill/asm/ab_1101-1150/ab_I 147_cfa_20140620_11 l I l5_sen_comm.html 7/3/2014 <br />
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