Frequently Asked Questions (FAQ’S)

Regarding SB 731 and the California Massage Therapy Council (CMTC) (Jan 09)

What does the new law do?

It requires the creation of the new California Massage Therapy Council (CMTC-*formerly known as

the MTO or massage therapy organization), which will issue a new, voluntary, state-recognized

massage therapy certification.

What is the difference between this certification and my current

certificate/license/permit?

Local certificates/licenses/permits currently allow massage therapists to practice only in the city or

county that issues them. A CMTC-issued certificate will permit you to practice anywhere in the state

without getting a separate permit for each locale.

What is the difference between a Certification and a License?

What is the difference between a certification and a license?

A license is created by a kind of law called a “practice act”, and only those who hold the license

can practice. A certification, like this one, is created by a “title act”, and it only governs the titles

that can be used. So, under this law, anyone who is practicing legally under local laws will be able to

continue to practice, but only those who get the certification will be able to use the title Certified

Massage Therapist or Certified Massage Practitioner.

What is the difference between this certification and state certification?

Under state certification, the state itself (that is, the California state government) would issue

certificates. Under this law, a non-governmental non-profit agency, the CMTC, will issue certificates,

and the government of California will recognize those certificates as legally legitimate.

Do I have to get this new certificate?

No. Certification under the CMTC is voluntary.

Will I still have to get a city permit?

If you do not get CMTC certified, then yes, you will still be subject to local ordinances, as you are

now.

If you do get CMTC certified, no, you will not also need a local permit. You will, however, have to

follow all other general business requirements that apply to all similar local businesses, i.e., obtaining a

business license, following zoning, health and safety ordinances, etc.

Will I still need to get a business license?

If you own your own business, yes. A CMTC-issued certificate will give you permission to practice

anywhere, but it does not replace your business license. If you are simply an employee of another

person’s business, then you do not need a business license.

Can I still call myself a Certified Massage Therapist or Certified Massage

Practitioner?

In the State of California, as of September 1, 2009, when the first certificates are issued, only those

who hold the state-recognized certifications issued by the CMTC will be able to legally call

themselves Certified Massage Practitioner or Certified Massage Therapist.

What will be fee for this certificate be?

The CMTC is working toward offering certifications at a fee that would be comparable to the

average of fees currently charged at a local level. That being said, the CMTC will be a non-profit

entity and will charge what it costs to issue the Certificate. Those costs per Certificate are not yet

known.

How often will it have to be renewed?

Every two years, likely by mail, if there are no extenuating circumstances.

When does it start/when can I apply?

The California Massage Therapy Council (CMTC) plans to begin accepting applications in July or

August of 2009. No certificates can be issued until September 1, 2009. The turnaround time to

receive a certificate is unknown at this time. The details of the process are being created in a series

of meetings by the CMTC board.

Who sits on the California Massage Therapy Council (CMTC)?

Two representatives from both AMTA and ABMP, a representative from the League of California

Cities, California State Association of Counties, Office of Consumer Affairs and Community College

Chancellors office. *check with Bev on completeness of this

Do I have to take the National Certification Exam to get CMTC certified?

The test or tests that will be accepted by the CMTC for the certification process have not been

determined yet. It is the intention of the creators of SB 731 and the CMTC to be as inclusive as

possible, though the logistics of administering a test may affect the ability to be inclusive of multiple

test formats.

What are the requirements for getting CMTC certified?

• Massage Practitioner

– 250 hrs of training at one approved school (*see below regarding approved schools)

– No new Massage Practitioner certificates issued after 5 years (after 2014)

– After that tier is phased out, Practitioner certificate still valid for practice as long as they

are kept current (may be additional education requirements at some point to bring it to

the MT level)

• Massage Therapist

– Education (must have A, B, or C)

A. 500 hours of training

• At least 250 at one approved school

• Remaining 250 from registered or approved schools or approved CEU

providers

• After 5 years (2014), all 500 hours must be obtained from approved

schools

B. Or must have passed approved exam

C. Or have Registration, Certification, or License from state with greater or equal

requirements

• Both levels

– Renewal every 2 years

– Fingerprinting

• Grandfathering as Massage Practitioner

1. Option 1 (A,B, AND C required)

A. Valid massage permit or license from CA city or county

B. 100 hrs training at registered or approved school

C. Practicing at least 3 yrs and 1000 paid massages

2. Option 2 (A and B required)

A. 100 hrs training (but no local permit or license)

B. Practicing at least 3 yrs and 1750 paid massages

3. Conditional Permit (only offered for 2 yrs until 2011)

A. 100 hrs training, but less experience than above

B. Must obtain at least 30 CEUs each year for 5 yrs until they have at least 250 hrs

total

Why are the educational requirements not higher?

Passing a law is all about compromise. When the process of writing the law started, there were over

220 schools teaching massage in CA, the vast majority teaching 100-200 hour programs. Some

organizations and individuals expressed a fear that requiring more than 250 hours of education would

put a lot of people out of business. The legislature felt that 250 hours of education was the minimum

that would be acceptable for a profession, and they decided to phase out the lower (250-hour) tier

in 5 years.

Why are the educational requirements so high?

Passing a law is all about compromise. There are some areas in California that have no educational

requirements, there are others that have 1000 hour requirement at the upper limit. The educational

requirements for state licensing in 38 states plus Washington DC are 500 hours. The requirement is an

attempt to bring California in line with the majority of the country, simplifying relocation to a new

area, elevating the perception of the profession and raising the bar for the profession of massage

therapy.

Why is fingerprinting required?

Compromise. Law enforcement was unlikely to support the passage of SB 731 into law without this

requirement. Though submitting to fingerprinting and a background check can seem onerous and

humiliating, members of many reputable professions, like schoolteachers, are also required to do this

throughout the state. Fingerprinting will only be required one time and renewals should be able to

be processed by mail.

What schools are “approved”?

The agency that approves California schools has been dissolved (the law that governed the agency

expired, or “sunsetted”), thus, there are NO officially approved schools at this time. It is an issue the

CMTC is looking to resolve within the certification system. The State is working towards addressing this

issue, too. Please refer to the link on the AMTA-CA.org State Legislation page for more information.

How long will the 250-hr grandfathering be available?

Grandfathering will be available until 2013

Does this law change anything for an establishment/business?

The law says that if everyone working in the business is certified, then the business itself is exempt from needing

any additional local establishment permit (but still needs a business license). The business would also be exempt

from some of the restrictive zoning and high licenses fees. Some of the details of these provisions will need to be

worked out. Also, some cities interpret this provision to mean that if the business is owned or managed by

someone who is not certified (such as someone who is not a massage therapist) then it is not exempt. We will

need the state to clarify this.

Does this law affect zoning for massage therapy businesses?

The answer to this is uncertain and will only truly be determined with time. The text of the law preempts

(overrule) unreasonable local regulations that only apply to massage therapists and not to

other comparable businesses, like nail salons and chiropractic offices. This means that you will legally

be able to refuse such local requirements as STD testing or extra local background checks. But

zoning laws can be trickier to navigate and change and will likely have to be fought out on a caseby-

local-case basis until a common practice is established.

Why would I want this new certification?

Among other reasons:

- It will be portable. If you get a new job in a new location, you will not have to apply for new local

certifications/permits/licenses if you have a CMTC-issued certificate.

- You will only have to renew every two years, rather than annually, as in many local jurisdictions.

- A single standard gives our profession more credibility with the public. Consumers will learn that

they can depend on CMTC-certified practitioners having certain qualifications.

- Insurance companies may someday reimburse for massage therapy if they can be sure the

therapist is competent. A single, statewide standard certification will give them a clear, simple way

to check the therapist’s qualifications.

- Some cities may amend their local ordinances to require CMTC-issued certification, because it will

streamline local bureaucracy and law enforcement.

Will the state-recognized CMTC-issued certification be recognized in other

states?

That is yet to be determined, and will be up to each state.

Can I still use the title HHP?

Yes, if you obtained that title through a city or county that recognizes it. That title is not affected or

governed by this new law. It is a local title, subject to local regulations.

What if I want some aspects of the law to be changed?

The Business & Professions Committee will introduce what is called “a committee bill” with

language to clear up some of the ambiguities in the law this year – as yet to be determined.

Often laws such as this are changed as often as annually. If you would like to see changes to

the bill, your best option is to get involved politically. Once the CMTC is up and running,

contact them – but even better is to work with the AMTA-CA Governmental relations

Committee and the “Adopt-a-Legislator” program.

Please see AMTA-CA.org State Legislation page for additional links and

documents if you have further questions, or email us at

govrelations@amta-ca.org.