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New state law brings legitimate massage therapy into the mainstream
By Jenny Oropeza
California State Senator
A recent wave of arrests and police sting operations coast to coast targeting organized crime rings using massage therapy as a front for prostitution have provided plenty of material for late-night comedians.
From one end of California to the other, law enforcement agencies have arrested dozens of massage providers. In Sacramento, not far from the state Capitol, undercover officers arrested three “massage practitioners” at a local massage parlor on charges of prostitution. In Los Angeles County, the city of Arcadia has become so concerned about the problem that they have imposed a moratorium on issuing new massage therapy licenses.
Even in the tony San Francisco Bay-area suburb of Walnut Creek, police estimate that up to 20 percent of the city’s 135 massage parlors are illegal prostitution operations. Despite this, the city has no laws regulating massage businesses.
The situation is compounded by the disturbing reality that law enforcement officials in most large America city have linked bordellos disguised as massage parlors with the trafficking of women — often from the poorest countries in the world — in what amounts to a modern form of sexual slavery.
This all changes on Jan. 1, 2009, when my measure, Senate Bill 731, becomes law and California begins to regulate massage therapy statewide for the first time.
Up until now, regulation of the practice of professional massage therapy has been left to local counties and cities. In larger metropolitan areas, different massage practitioners could be subject to several different sets of rules and regulations, all within a few miles. Some cities require a license, proof of training and/or a background check. Others have no requirements at all.
In some locales, massage is part of a thriving genuine therapeutic health care system. In other places, however, it is notorious for being part of the sex trade. Orange County requires therapists to submit a set of fingerprints and pass a written test. At the other extreme, San Francisco has created a dual system that recognizes therapeutic massage practitioners on one hand and adult entertainment massage workers on the other.
Legitimate massage therapists, many of whom undergo hundreds of hours of professional training, at great expense, are offended by being tarred with the brush of illegality and harassment from investigators. The system, if it can be called that, is clearly broken.
My bill creates a new non-profit statewide organization, the Massage Therapy Organization to certify legitimate massage practitioners and therapists. Our goal is to help both massage therapists and law enforcement by setting clear, consistent statewide rules. In addition, statewide certification of massage therapy will provide consumers with recourse if they are harmed in the process of receiving a massage. These new rules will also help consumers determine which providers are legitimate and which are not.
• In addition, the new law would require that massage therapists or practitioners meet the following requirements:
• Be age 18 or older.
• Complete either 500 hours of training for therapists or 250 hours for massage practitioners.
• Pass a criminal background check, including fingerprinting.
• Pay a nominal fee to the Massage Therapy Organization.
• Pass an exam approved by the Massage Therapy Organization.
The new rules formulated by the MTO would be standard across the state and will supersede local laws. The organization will be entirely self-funded and there will be no costs to state taxpayers. It is widely supported by law enforcement and professionals throughout the state. (For a full list, visit my Web site at the address below.)
Massage has legitimate and vital therapeutic benefits for many people. A recent study in veterans’ hospitals concluded that “massage is an effective and safe therapy for the relief of post-operation pain.” The need for state regulation of this profession has never been greater.
The bestselling author, Aldous Huxley, once said, "Facts do not cease to exist because they are ignored.” The facts are that massage therapy in California is currently plagued by scandal and controversy. SB731 recognizes this reality and seeks a workable solution.
Elected to the Assembly in 2000 and the Senate in 2006, Jenny Oropeza is one of the highest-ranking Latinos in the Legislature and chairs the Senate Revenue and Taxation Committee. For more information visit www.senate.ca.gov/oropeza
Comments
Great way to waste tax payer money. STOP ALL THE CONSENTING ADULTS FROM BENEFITTING FROM A SERVICE THAT INVOLVES NO ONE BUT THE TWO PEOPLE INVOLVED. Once again people that have no sex life want to ruin everyone else. Damn this Senator is Ugly.
Posted by: The truth at January 9, 2009 03:25 PM
so, you mean to tell me after completing the 720 hour program at national holistic institute & jumping through the hoops to get my permit for the city of oakland, now you want me to get certified at a state level which has much less stringent requirements but will limit my ability to provide services in my or my clients' homes as a bulk of self-employed massage therapists do? (which, by the way, is why this disabled single mama became a massage therapist in the first place ~ so i could fit my employment into the realities of my abilities & stay off of welfare)
Posted by: a legit mt at February 10, 2009 04:46 PM
My husband & I have been licensed in the state of Florida since 1986 & 1987 and moved to California last year to run a spa in Palm Springs, so got all the paperwork together, refereneces, background checks, proof of AMTA approved schooling.
Will having a valid Palm Springs permit matter after this year?
How will we be informed of the new requirements?
When do they go into effect?
As the Spa Director, I need to know how to handle this change ASAP.
Posted by: DONNA & MICHAEL HERMAN at February 27, 2009 01:18 PM
Waste of taxpayer money. Nice job. Try going after some violent offenders.
Posted by: jeff at February 28, 2009 05:52 PM
Quite honestly, I wish people would read rather than scan before commenting.
As for my views on this issue; I'm quite happy with the change, provided this bill really does all that it states.
She claims, "The new rules formulated by the MTO would be standard across the state and will supersede local laws." - This would actually be a MASSIVE breath of relief for the professional, especially those just starting out.
Having to get licensed by each town separately is outrageously costly. It tends to be strenuous to the practitioners or therapists who have legitimate, ethical "in home visits" with (handicapped, challenged or "special needs") clients just on or over borders!
I'd rather pay these fees & let the fingerprinting begin!
I'm grateful that this will NOT have ANY baring on the tax payers and even more grateful for the opportunity to continue to do what I do best without all the excessive hassle!!!
In Gratitude & Appreciation,
Deven Fearn
CNI COLLEGE
Santa Ana
Posted by: Deven Fearn at April 13, 2009 11:59 PM
This says it was posted on Dec 27 2008, and says the law goes in effect January 1.
I understand that it may have gone into effect, and thus the non-profit should have been setup, the regulatory rules should be in the process of being made, and the web page should be going up so start informing people of the new licensure.
However, I can not find any information on the non-profit. Also the group won't be issuing the licenses until September 1, 2009. I will be getting out there in September and would like to start the process. I don't want to have to get local licenses only to have to get a state one too.
Speaking of local: One section says they can only regulate by zoning, and business license and approperate fees for that, but section d:1 says this law does not prohibit local ordaninces applying to massage? Now I need a state and local licenses?
(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,
Posted by: Patrick at June 4, 2009 12:58 PM
After 700 hours of massage and anatomy training in Arkansas - yes, we have the "must have a license" law, I worked at known spa in hot springs. Along with the original license we now have to attend 12 not the original 6 hours of CEU's to maintain the license or not practice, and if caught practicing without a license comes a hefty charge. The legitiamte "therapists" are somewhat punished for those that are "happy ending" therapists. So, though I love massage, and have truly helped people - including using reflexology which is another wonderful modality, I have stopped practicing. One, I don't have the time for the hours of continuing eduation courses, and one has to travel a distance unless you in the mid of a spa town, with prices of 200.00 on the low side, plus renewal every year. And just how are they using the tax money? Hmmmm
It's almost like guns ... now don't go off on this analogy.....the honest folks are going to register their guns ... yadda yadda....but the bad guys .... are going to get the guns no matter what.....therefore, a happy ending massage therapist will find a happy ending way to do business, whereas those who are in it for the healing or helping to heal get slammed. It should be up to the customer to research the validity of the place they choose.
Posted by: Abbie at July 16, 2009 09:57 AM
After 700 hours of massage and anatomy training in Arkansas - yes, we have the "must have a license" law, I worked at known spa in hot springs. Along with the original license we now have to attend 12 not the original 6 hours of CEU's to maintain the license or not practice, and if caught practicing without a license comes a hefty charge. The legitiamte "therapists" are somewhat punished for those that are "happy ending" therapists. So, though I love massage, and have truly helped people - including using reflexology which is another wonderful modality, I have stopped practicing. One, I don't have the time for the hours of continuing eduation courses, and one has to travel a distance unless you in the mid of a spa town, with prices of 200.00 on the low side, plus renewal every year. And just how are they using the tax money? Hmmmm
It's almost like guns ... now don't go off on this analogy.....the honest folks are going to register their guns ... yadda yadda....but the bad guys .... are going to get the guns no matter what.....therefore, a happy ending massage therapist will find a happy ending way to do business, whereas those who are in it for the healing or helping to heal get slammed. It should be up to the customer to research the validity of the place they choose.
Posted by: Abbie at July 16, 2009 10:00 AM
I don't see much info on grandfathering in people. I have been a certified, legitimate massage therapist for 30 years, and while I have learned a great deal along the way on my own and from other practitioners, I only have about 300 certifiable hours of training from massage schools. So does this mean I now have to spend a lot of time and money, enriching some massage school, taking courses I don't want or need in order to continue doing what I do best?
I suspect that the schools are behind this bill and as usual, it is the practitioners who get stuck paying for it.
I was licensed in NC when that state began regulating massage, grandfathered in, and given credit for all my years of experience. I don't see anything like that in this bill.
Posted by: Barbara at July 17, 2009 10:21 PM
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