California Massage Therapy Council.

Assembly Member Berman’s measure reconfigures the California Massage Therapy Council, reshaping its governance and the scope of its regulatory authority to align state and local oversight of massage therapy while preserving statewide certification oversight. The measure would replace the current appointment structure: the Chancellor of the California Community Colleges would no longer appoint a council member, the California Association of Private Postsecondary Schools would appoint a member who must represent an approved massage school, and an additional council seat would be added for a certified massage therapist or practitioner selected by a professional society. If multiple qualifying societies exist, appointments to that seat would rotate among them over four-year terms, and the council’s lay and professional representation would be complemented by two newly added appointees—a practicing attorney with public-city or county- level representation and a massage business entity representative. The board would also be empowered to appoint three additional members from among the existing appointees’ circle, including an attorney, a massage business representative, and a knowledge-based expert, with terms governed by bylaws.

Key mechanisms under the measure address certification processes, school oversight, and governance procedures. The council would retain authority to verify an applicant’s education but could choose to conduct targeted investigations when questions arise about whether education requirements were satisfied. For applicants who meet all other requirements and earned instruction at an approved school that subsequently comes under council investigation, the council could require an interview or educational hearing as a condition of certification if the applicant’s certification application was submitted within 90 days of a final decision to revoke the school’s approval; successful completion of the interview or hearing would lead to a certificate if the school is deemed in good standing and within 90 days of the applicant’s submission. Beginning later years, the act would remove the requirement that a massage and bodywork competency assessment be passed; instead, approved schools would notify students that the exam is not a certification requirement but may be required for licensure or certification in other states.

The bill tightens certain reporting and disciplinary provisions and expands alert mechanisms. It would require certificate holders to notify the council within 30 days of changes to their legal name, in addition to changes of home or business addresses and the locations where services are provided. It would update acts defined as grounds for discipline or denial, including explicit consideration of mental health determinations that a person may pose a threat to public safety, and it would remove the prior requirement that the massage of female anatomy be tied to a physician’s referral, while preserving a prohibition on certain unprofessional attire. The bill would specify that convictions or formal disciplinary actions occurring after an appeal period may lead to denial or discipline, codify an express time for suspensions in cases of arrest, require notice to the certificate holder and relevant entities within set timeframes, and preserve a hearing right or an appeal process with defined timelines. It would also extend school-approval governance and timing requirements, including notice-and-appeal procedures for initial school approvals and corrective actions, and require the council to publish proposed policy text and accept public comment for a minimum period before adopting changes that affect certificants or schools.

In governance and accountability terms, the measure would require the council to adopt rules for board meetings under Rosenberg’s or Robert’s Rules of Order, with broader opportunities for public participation in adopting or amending policies or bylaws, including a requirement to publish complete policy texts and summaries at least 45 days before adoption and to accept written comments during the period and at public meetings. Beginning in 2027, the council would, to the extent practicable, make its records available for public inspection in a manner consistent with the California Public Records Act, with the ability to charge direct costs for responding to requests and with protections for sensitive information. The act would also broaden the definition of an “oversight entity” in related education code provisions to include private entities authorized to approve schools or educational programs for professional certification.

Two broader features frame policy context and implementation. The measure maintains a sunset, repealing the act open-endedly on January 1, 2030, and directs legislative review of the council’s powers and duties as part of ongoing oversight. It articulates its intent to reflect the recognized status of certified massage professionals as health care providers and to balance statewide regulation with local control, including a model ordinance approach that respects local practice while maintaining statewide standards. It also integrates private postsecondary education oversight into broader disclosure and accountability schemes, aligning with existing public-records and oversight frameworks. Overall, the measure expands governance flexibility, strengthens due-process and public-participation requirements, and broadens the panel’s composition and reporting obligations, all within a sunset-oriented regulatory framework.