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				<ns0:ActionText>APPROVED</ns0:ActionText>
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				<ns0:ActionText>FILED</ns0:ActionText>
				<ns0:ActionDate>2025-10-01</ns0:ActionDate>
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		<ns0:LegislativeInfo>
			<ns0:SessionYear>2025</ns0:SessionYear>
			<ns0:SessionNum>0</ns0:SessionNum>
			<ns0:MeasureType>AB</ns0:MeasureType>
			<ns0:MeasureNum>1504</ns0:MeasureNum>
			<ns0:MeasureState>CHP</ns0:MeasureState>
			<ns0:ChapterYear>2025</ns0:ChapterYear>
			<ns0:ChapterType>CHP</ns0:ChapterType>
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			<ns0:ChapterNum>197</ns0:ChapterNum>
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		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Berman</ns0:AuthorText>
		<ns0:Authors>
			<ns0:Legislator>
				<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
				<ns0:House>ASSEMBLY</ns0:House>
				<ns0:Name>Berman</ns0:Name>
			</ns0:Legislator>
		</ns0:Authors>
		<ns0:Title>An act to amend Sections 4600.5, 4602, 4604, 4608, 4609, 4610, 4615, and 4621 of the Business and Professions Code, and to amend Section 94934.5 of the Education Code, relating to healing arts.</ns0:Title>
		<ns0:RelatingClause>healing arts</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>California Massage Therapy Council.</ns0:Subject>
		</ns0:GeneralSubject>
		<ns0:DigestText>
			<html:p>
				(1)
				<html:span class="EnSpace"/>
				Existing law, the Massage Therapy Act, provides for the certification and regulation of massage professionals by the California Massage Therapy Council, which is a private nonprofit organization governed by a board of directors composed of 13 members. Existing law requires one member to be appointed by the office of the Chancellor of the California Community Colleges, and authorizes the California Association of Private Postsecondary Schools to appoint one member. Existing law requires one member to be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced massage for at least 3 years before appointment and is selected by a specified professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to participate in the council.
			</html:p>
			<html:p>This bill would remove the above-described appointment of one member by the office of the Chancellor of the California Community Colleges, and would limit the appointment authority of the California Association of Private Postsecondary Schools by requiring that their appointed member represent an approved massage school. The bill would add an additional member who is a certified massage therapist or a certified massage practitioner who is selected by a specified professional society, association, or other entity, as described above, and would make conforming changes related to that provision.</html:p>
			<html:p>Existing law authorizes the council to take any reasonable actions necessary to carry out the responsibilities and duties set forth in the Massage Therapy Act, including hiring staff.</html:p>
			<html:p>This bill would prohibit the total annual salary for any individual employed or contracted by the council from
		exceeding the annual salary provided to certain state officers during that fiscal year.</html:p>
			<html:p>Existing law requires the council to issue a certificate to practice massage therapy to an applicant who meets specified qualifications, including that the applicant has successfully completed at least 500 hours in the curricula in massage and related subjects, as specified, from approved schools. Existing law requires the council to determine whether the school from which an applicant has obtained their education meets the requirement of the Massage Therapy Act. If the council has any reason to question whether or not the applicant received that education from the school or schools that the applicant is claiming, existing law requires the council to investigate the facts to determine that the applicant received the education before issuing the certificate.</html:p>
			<html:p>This bill would authorize, instead of require, the council to conduct that
		investigation regarding the applicant’s education, as described above. The bill would require an applicant who meets all of the other requirements for certification and who received the instruction described above at an approved school that was not under formal investigation at the time at which the applicant began instruction but was subsequently placed under investigation by the council to, as a condition of certification, have the opportunity for an interview or educational hearing, as specified, provided that their application for certification was submitted to the council no more than 90 days from the date of a final decision by the council to revoke the school’s approval. The bill would require the council to issue a certificate to any applicant who successfully passes the interview or hearing, provided that the school at which the applicant completed the instruction was a school approved by the council within 90 days from the date the applicant submitted their application for certification and was
		considered to be in good standing, as specified, at the time the applicant passed the interview or hearing.</html:p>
			<html:p>Existing law, beginning January 1, 2027, also requires an applicant to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council, as specified.</html:p>
			<html:p> The bill would remove the requirement that an applicant pass a massage and bodywork competency assessment examination as described above, and would require an approved massage school, upon each student’s completion of curriculum at the massage school, to provide notice to the student that the massage and bodywork competency assessment examination is not a requirement for certification but may be required for licensure or certification as a massage therapist in any other state.</html:p>
			<html:p>Existing law requires a certificate holder to
		notify the council within 30 days of any changes in the certificate holder’s home address or the address of any massage establishment or other location where the certificate holder provides massage for compensation, except as specified.</html:p>
			<html:p>This bill would also require a certificate holder to notify the council within 30 days of any changes in the certificate holder’s legal name.</html:p>
			<html:p>Existing law makes it a violation of the Massage Therapy Act for an applicant or certificate holder to commit certain acts, and makes the commission of those acts grounds for the council to deny an application for a certificate or to impose discipline on a certificate holder. Those acts include being convicted of any felony, misdemeanor, infraction, or municipal code violation, providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider, and dressing
		in certain attire or manners while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment as specified.</html:p>
			<html:p>This bill would specify that the council may take action for a conviction, as described above, when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence. The bill would define a “conviction” for these purposes to mean a judgment following a plea or verdict of guilty, a plea of nolo contendere, or a finding of guilt. The bill would also revise and recast the above-described acts that are considered a violation of the Massage Therapy Act. In this regard, the bill would remove the requirement of a referral from a licensed California health care provider to provide massage of female breasts. The bill would remove the list of prohibited attire or manners of dressing while engaged in the practice of massage
		for compensation, or while visible to clients in a massage establishment, except that the bill would maintain the prohibition on dressing in a manner that is deemed by the council to constitute unprofessional attire based on the custom and practice of the profession in California. The bill would also include among those specified acts that are considered a violation the determination of being a threat to public safety based on mental health reasons by a medical or mental health professional, or the rendering of a finding of not guilty in a criminal proceeding by reason of insanity.</html:p>
			<html:p>Existing law authorizes a board to deny a license on the grounds that the applicant has been convicted of a crime or was subject to formal discipline within the preceding 7 years from the date of application based on professional misconduct that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made, as
		specified and subject to certain exceptions.</html:p>
			<html:p>This bill would require the denial of an initial certificate to practice massage therapy on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline as provided under the act to be consistent with the above-described provisions authorizing a board to deny a license on certain grounds.</html:p>
			<html:p>Existing law requires the council to follow specified procedures for deciding upon and imposing the denial of a certificate or the discipline of a certificate holder under the Massage Therapy Act. Existing law requires, with certain exceptions, the council to provide an opportunity for the applicant or certificate holder to be heard, orally or in writing, not less than 5 days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect.</html:p>
			<html:p>This bill would require the person or body authorized to make that decision to be qualified.</html:p>
			<html:p>The bill would authorize an applicant or certificate holder to request an appeal of a final decision of the council to deny a certificate or discipline a certificate holder by submitting a request in writing within 30 days of the date of the final decision. In this regard, the bill would require a request to appeal a final decision to be considered by a committee of the board of directors within 120 days of the final decision, as specified. If a request to appeal is granted, the bill would require the appeal of the final decision to be heard at the next board of directors meeting, as specified, that is at least 120 days from the date that the request to appeal was granted, except as specified. The bill would require the council to notify the applicant or certificate holder of its right to request an appeal pursuant to these provisions
		at the time of the final decision.</html:p>
			<html:p>Existing law requires the council to develop policies, procedures, rules, or bylaws governing the requirements and processes for approving, denying approval of, imposing corrective action on, or unapproving schools from which applicants obtain their education, as specified. Existing law requires the council, on or before one year from the date the council receives an initial application for approval as a school, to approve the school, propose to deny approval of the school, or notify the school that corrective action is required, and authorizes the council to deny the application of a school that fails to adequately rectify the deficiencies. Existing law authorizes a school to appeal the council’s final decision to deny approval of the school, and requires the appeal to be heard at the next board of directors meeting, as specified.</html:p>
			<html:p>This bill would require the council to notify the school
		of its right to appeal pursuant to these provisions at the time of the final decision.</html:p>
			<html:p>Existing law states the intent of the Legislature that, among other things, the Massage Therapy Act enables consumers and local government to more easily identify certified massage professionals and provide for consistent statewide certification and oversight of massage professionals. Existing law repeals the Massage Therapy Act on January 1, 2026.</html:p>
			<html:p>This bill would also state the intent of the Legislature that, among other things, both state and local regulation of massage therapy reflect the recognized status of certified massage professionals as health care providers. The bill would instead repeal the act on January 1, 2030.</html:p>
			<html:p>Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to
		attend any meeting of a state body. The act imposes various requirements on a state body holding a meeting subject to the act, including, among other things, requiring the state body to provide notice of its meeting to any person who requests that notice in writing.</html:p>
			<html:p>The Massage Therapy Act requires meetings of the council to be subject to the rules of the Bagley-Keene Open Meeting Act, and authorizes the board to adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the act.</html:p>
			<html:p>This bill would, except as otherwise provided in the Massage Therapy Act, require meetings of the council to be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised.</html:p>
			<html:p>The bill would require the council to provide a meaningful opportunity for public participation in the adoption,
		amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, among other things, actions by the council to increase fees. In this regard, the bill would require the council, at a minimum, to publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being considered for a period of at least 45 calendar days before the adoption, amendment, or repeal, and to accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes.</html:p>
			<html:p>Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.</html:p>
			<html:p>This bill would require the council, beginning July 1, 2027, and to the extent practicable, to make the records of the council available for public inspection in a manner consistent with the California Public Records Act, as specified, and would authorize the council to charge for the direct costs of responding to requests for records, as specified.</html:p>
			<html:p>
				(2)
				<html:span class="EnSpace"/>
				Existing law establishes the California Private Postsecondary Education Act of 2009, which provides for student protections and regulatory oversight of private postsecondary educational institutions, as defined, in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. 
			</html:p>
			<html:p>Existing law requires an institution with an approval to operate under the act that knows that it is being investigated by an oversight entity other than the
		bureau to report that investigation, as defined, to the bureau in writing within 30 days of the institution’s first knowledge of the investigation, and requires an institution with an approval to operate under the act that is the subject of a judgment by, a regulatory action by, increased oversight or monitoring by, or a settlement with, any oversight entity other than the bureau to report it to the bureau within 30 days. Existing law defines “oversight entity” for these purposes to include, among other entities, a governmental agency.</html:p>
			<html:p>This bill would also include any private entity authorized pursuant to any provision of the Business and Professions Code to approve schools or educational programs for purposes of a professional certification as an “oversight entity” for the above-described purposes.</html:p>
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			<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
			<ns0:Appropriation>NO</ns0:Appropriation>
			<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
			<ns0:LocalProgram>NO</ns0:LocalProgram>
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			<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
			<ns0:ImmediateEffectFlags>
				<ns0:Urgency>NO</ns0:Urgency>
				<ns0:TaxLevy>NO</ns0:TaxLevy>
				<ns0:Election>NO</ns0:Election>
				<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
				<ns0:BudgetBill>NO</ns0:BudgetBill>
				<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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	<ns0:Bill id="bill">
		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 4600.5 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>4600.5.</ns0:Num>
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that this act enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, provide for a self-funded nonprofit oversight body to certify massage professionals, and ensure full compliance with, and execution of, the requirements of this act.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that broad control over land use in
				  regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests of the individual community, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern, regulation, and oversight. Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that local governments, law enforcement, nonprofit stakeholders, the massage industry, and massage professionals work together going forward to improve communication and share information to further increase the value of statewide certification, to collaborate in the implementation of this act, and to develop a model ordinance reflecting best practices in massage regulation for cities and
				  counties to adopt that will respect local control, patient privacy, and the dignity of the profession of massage therapy.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature in extending the council’s powers and duties through the sunset review process that the council continue to serve as an entity entrusted with administering a state function in its certification of massage therapy professionals and approval of massage education programs.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature that both state and local regulation of massage therapy reflect the recognized status of certified massage professionals as health care providers.
							</html:p>
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			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 4602 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>4602.</ns0:Num>
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								The California Massage Therapy Council, as defined in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the total annual salary for any individual employed or contracted by the council shall not exceed the annual salary provided pursuant to Section 11550 of the Government Code
				  during that fiscal year. 
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council may 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 council activities.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the
				  information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that they are entitled to certification.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The council shall be governed by a board of directors composed of 13 members who shall be chosen in the following manner:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								One member shall be a representative of an “anti-human trafficking” organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								One member who represents an approved massage school shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage
				  therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Two members shall each be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced massage for at least three years prior to the appointment, selected by a professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to
				  participate in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals, have been established since 2000, and shall have bylaws that require its members to comply with a code of ethics.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								If there are more than two professional societies, associations, or other entities that meet the requirements of subparagraph (A), the appointments shall rotate based on a four-year term between each of the qualifying entities. The qualifying entity shall maintain its appointment authority during the entirety of the four-year term during which it holds the appointment authority. The order in which a qualifying professional society, association, or other entity has the authority to appoint shall be determined by alphabetical order based on the full legal name of the entity as of January 1, 2014.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								The members appointed to the board in accordance with paragraphs (1) to (9), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the board’s bylaws. One of those appointees shall be an attorney licensed by the State Bar of California who has been practicing law for at least three years and who at the time of appointment represents a city, county, or a city and county in the state. One of those appointees shall represent a massage business entity that has been operating in the state for at least three years. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying with Section 4603.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								Any decision to change the appointing authority of any member appointed to the board pursuant to paragraphs (1) to
				  (9), inclusive, of subdivision (f) shall not be effective unless the current member has completed their term under subdivision (h) or the appointment is vacant.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Board member terms shall be for four years and until the appointment and qualification of their successor or until one year from the expiration of the term for which the member was appointed, whichever occurs first. A board member who has served two terms shall not be eligible for reappointment to the board regardless of the appointing authority. Any board member who, as of January 1, 2025, has served on the board for 8 out of the preceding 10 years, regardless of the appointing authority, shall vacate their appointment no later than July 1, 2025.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A board member may be removed only by their appointing authority under the conditions provided in Section 106.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days’ notice of the meeting, including posting a notice on the council’s internet website unless at least two-thirds of the board members concur that there is an active threat to public safety and that voting at a meeting without prior notice is necessary. However, the board shall not waive the requirements of subdivision
				  (
								<html:i>l</html:i>
								).
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								If the board approves an increase in the certification fees, the council shall update all relevant areas of its internet website and notify all certificate holders and affected applicants by email within 14 days of the board’s action.
							</html:p>
							<html:p>
								(
								<html:i>l</html:i>
								)
								<html:span class="EnSpace"/>
								The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act. Except as otherwise provided in this chapter, meetings of the council shall be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised. 
							</html:p>
							<html:p>
								(m)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								The council shall provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, but not limited to, actions by the council to increase fees, impose additional requirements for certification or approval, or substantively modify the disciplinary processes.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, the council shall, at a minimum, publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being considered for a period of at least 45 calendar days before the adoption, amendment, or repeal. The council shall
				  accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes.
							</html:p>
							<html:p>
								(n)
								<html:span class="EnSpace"/>
								The council shall assess its contact with non-English speakers. Based on this assessment, the council shall offer and make available all publicly available written and electronic materials provided to certificate holders and applicants in languages other than English that the council determines will be used by a substantial number of non-English speakers who are in contact with the council. This subdivision shall not apply to examinations, denial and disciplinary legal documents, and email communications. The council shall provide a report to the Legislature on the findings of its assessment of contact with non-English speakers on or before January 1, 2019.
							</html:p>
							<html:p>
								(o)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Beginning July 1, 2027, the council shall, to the extent
				  practicable, make the records of the council available for public inspection in a manner consistent with the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Part 1 of Division 10 of Title 1 of the Government Code), as though the council were a public agency for purposes of that act.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The council may charge for the direct costs of responding to requests for records pursuant to this subdivision, including staff time reasonably required to identify, locate, and provide records.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								It is the intent of the Legislature in enacting this subdivision that, in addition to having all exemptions under the California Public Records Act (Chapter 1 (commencing with Section 7920.000) of Part 1 of Division 10 of Title 1 of the Government Code) apply, the council shall not disclose investigatory records or records containing sensitive information, including law
				  enforcement activities or personally identifying information regarding applicants, certificate holders, employers of certificate holders or other employer staff, council employees and contractors, massage school owners and staff, or other members of the public, including potential victims or survivors of human trafficking, sexual assault, or other crimes.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_801CB6B1-C195-481D-A20C-6DEC3CF0CF20">
			<ns0:Num>SEC. 3.</ns0:Num>
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				Section 4604 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_F515A66C-0B48-46FD-B9A1-4CDF2F22B5E5">
					<ns0:Num>4604.</ns0:Num>
					<ns0:LawSectionVersion id="id_23AB31CB-2294-4CCC-9310-3F3CA11E34D3">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that the applicant meets all of the following requirements:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The applicant is 18 years of age or older.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and
				  business and ethics.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								All of the 500 hours shall be from approved schools. The council shall accept the 500 hours if, at the time all of the hours were completed, the school or schools were approved. The 500 hours may be completed at more than one approved school. Notwithstanding any other law, pursuant to its policies and procedures for approval of schools, the council shall accept hours earned by an applicant for certification as a massage therapist if those hours were completed before July 1, 2016, and were earned from a school providing education in this state that was unapproved by the council after July 1, 2016, based solely on the fact that the National Certification Board for Therapeutic Massage and Bodywork took denial or disciplinary action against the school. For purposes of this section, “unapproved” means that the council determined that it will not accept hours from a school toward certification.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								Any applicant who meets all of the other requirements for certification and who received instruction required by this paragraph at an approved school that was not under formal investigation at the time at which the applicant began instruction but was subsequently placed under investigation by the council shall, as a condition of certification, have the opportunity for an interview pursuant to subdivision (a) of Section 4615 or an educational hearing determined by the council, provided that their application for certification was submitted to the council no more than 90 days from the date of a final decision by the council to revoke the school’s approval. Any interview or education hearing provided pursuant to this clause shall be completed no later than 12 months from the date that the council deems the application packet complete.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The council shall
				  issue a certificate to any applicant who successfully passes the interview or education hearing described in clause (i), provided that the school at which the applicant completed the instruction was a school approved by the council within 90 days from the date an applicant submitted their application for certification and was considered to be in good standing according to the Bureau for Private Postsecondary Education at the time the applicant passed the interview or hearing.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates. This subparagraph shall be inoperative commencing on January 1, 2019.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Beginning January 1, 2026, an approved massage school shall, upon each student’s completion of curriculum at the massage school, provide notice to the student that the massage and bodywork competency assessment examination described in subparagraph (A) is not a requirement for certification pursuant to this chapter but may be required for licensure or certification as a massage therapist in any other state.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								All fees required by the council have been paid.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								The council may issue a certificate to an applicant who meets the qualifications of this chapter if the applicant holds a current and valid
				  registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								If an applicant has received education at a school located outside of California or a school located in a country outside of the United States that does not meet the requirements of subdivision (a) of Section 4601 to be an approved school, the council shall have the discretion to give credit for comparable academic work completed by an applicant toward certification.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any
				  certificate holder whose certificate is suspended or revoked.
							</html:p>
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				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_97F61C70-0360-4865-A580-91A54DE0CEA7">
			<ns0:Num>SEC. 4.</ns0:Num>
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				Section 4608 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_49834DC5-C5E5-4842-96BD-51B6DDFD619D">
					<ns0:Num>4608.</ns0:Num>
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						<ns0:Content>
							<html:p>In addition to the other requirements of this chapter, a certificate holder shall:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								Display their original certificate wherever they provide massage for compensation. A certificate holder shall have their identification card in their possession while providing massage services for compensation.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Provide their full name and certificate number upon the request of a member of the public, the council, or a member of law enforcement, or a local government agency charged with regulating massage or massage establishments, at the location where they are providing massage services for compensation.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								Include the name under which they are certified and their
				  certificate number in any and all advertising of massage for compensation.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Notify the council within 30 days of any changes in the certificate holder’s legal name, home address, or the address of any massage establishment or other location where they provide massage for compensation, excluding those locations where massage is only provided on an out-call basis. A certificate holder also shall notify the council of their primary email address, if any, and notify the council within 30 days of a change of the primary email address.
							</html:p>
						</ns0:Content>
					</ns0:LawSectionVersion>
				</ns0:LawSection>
			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_DA0587A4-F0EC-4298-8464-8A8FEBB06434">
			<ns0:Num>SEC. 5.</ns0:Num>
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				Section 4609 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
			</ns0:ActionLine>
			<ns0:Fragment>
				<ns0:LawSection id="id_1198E03E-5CAE-47EA-8B87-85E67A74393F">
					<ns0:Num>4609.</ns0:Num>
					<ns0:LawSectionVersion id="id_07094325-12C1-4B5A-8191-181EB6D5CD61">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								It is a violation of this chapter for an applicant or a certificate holder to commit any of the following acts, the commission of which is grounds for the council to deny an application for a certificate or to impose discipline on a certificate holder:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Unprofessional conduct, including, but not limited to, any of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Engaging in sexually suggestive advertising related to massage services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Engaging
				  in sexual activity while providing massage services for compensation.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								Practicing massage on a suspended certificate or practicing outside of the conditions of a restricted certificate.
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								Providing massage of the genitals or anal region.
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								Providing massage of female breasts without the written consent of the person receiving the massage.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Procuring or attempting to procure a certificate by fraud, misrepresentation, or mistake.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Failing to fully disclose all information requested on the application.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Impersonating an applicant or acting as a proxy for an applicant in any examination referred to in this chapter
				  for the issuance of a certificate.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Impersonating a certificate holder, or permitting or allowing a noncertified person to use a certificate.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any rule or bylaw adopted by the council.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another state or territory of the United States, by any other government agency, or by another California health
				  care professional licensing board. A certified copy of the decision, order, judgment, or citation shall be conclusive evidence of these actions.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Being convicted of any felony, misdemeanor, infraction, or municipal code violation, or being held liable in an administrative or civil action for an act, that is substantially related to the qualifications, functions, or duties of a certificate holder. A record of the conviction or other judgment or liability shall be conclusive evidence of the crime or liability.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The council may take action pursuant to this paragraph when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “conviction” means
				  a judgment following a plea or verdict of guilty, a plea of nolo contendere, or a finding of guilt.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in a manner that is deemed by the council to constitute unprofessional attire based on the custom and practice of the profession in California.
							</html:p>
							<html:p>
								(11)
								<html:span class="EnSpace"/>
								Committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or being required to register as a sex offender in another state.
							</html:p>
							<html:p>
								(12)
								<html:span class="EnSpace"/>
								Being determined to be a threat to public safety based on mental health reasons by a medical or mental health professional, or rendered a finding of not guilty
				  in a criminal proceeding by reason of insanity.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								The council may deny an application for a certificate for the commission of any of the acts described in subdivision (a). The council may also discipline a certificate holder, in any manner permitted by this chapter, for the commission of any of those acts by a certificate holder.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council shall deny an application for a certificate, or revoke the certificate of a certificate holder, if the applicant or certificate holder is required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or is required to register as a sex offender in another state.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Denial of an initial certificate on the grounds that the applicant has been convicted of a crime or has been subject to
				  formal discipline as provided in this section shall be consistent with the requirements of subdivision (a) of Section 480.
							</html:p>
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			</ns0:Fragment>
		</ns0:BillSection>
		<ns0:BillSection id="id_E58F9C15-0EBA-4BF8-AC3C-0D12421FB84C">
			<ns0:Num>SEC. 6.</ns0:Num>
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				Section 4610 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
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				<ns0:LawSection id="id_7580F141-E9FE-45F4-B7C1-2EA601DDF704">
					<ns0:Num>4610.</ns0:Num>
					<ns0:LawSectionVersion id="id_4343D304-424D-436E-A2AE-9FECC1981B07">
						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								The council may discipline a certificate holder by any, or a combination, of the following methods:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Placing the certificate holder on probation, which may include limitations or conditions on practice.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to
				  exceed one year.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Suspending or staying the disciplinary order, or portions of it, with or without conditions.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Revoking the certificate.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (e) is fair and reasonable.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								A procedure is
				  fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The provisions of the procedure are publicly available on the council’s internet website.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a qualified person or body authorized to decide whether the proposed denial or discipline should go into effect.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder
				  alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the council’s records, within 10 business days.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Provide notification of the suspension by email or first-class mail to any establishment or
				  employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the council’s mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise
				  dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, if the council determines that a certificate holder has committed an act punishable as a sexually related crime or a felony that is substantially related to the qualifications, functions, or duties of a certificate holder, the council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to
				  immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or
				  employer, that the certificate has been suspended within 10 business days.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate
				  holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the council’s records.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within 90 days after the effective date of the denial or discipline. Certification issued
				  pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								An applicant or certificate holder may request an appeal of a final decision by the council to deny a certificate or discipline a certificate holder by submitting a request in writing within 30 days of the date of the final decision. A request to appeal a final decision submitted pursuant to this paragraph shall be considered by a committee of the board of directors, who may convene in closed session for that purpose, within 120 days of the final decision.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								If a request to appeal submitted pursuant to paragraph
				  (1) is granted, the appeal of the final decision to deny a certificate or discipline a certificate holder shall be heard at the next board of directors meeting with a date, as posted on the internet website of the council, that is at least 120 days from the date that the request to appeal was granted, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which case the appeal shall be heard at a later board of directors meeting.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council shall notify the applicant or certificate holder of its right to request an appeal pursuant to paragraph (1) at the time of the final decision.
							</html:p>
							<html:p>
								(k)
								<html:span class="EnSpace"/>
								This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon
				  substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
							</html:p>
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			<ns0:Num>SEC. 7.</ns0:Num>
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				Section 4615 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
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				<ns0:LawSection id="id_A7F562B2-08F2-427D-896C-4F4F5DE26629">
					<ns0:Num>4615.</ns0:Num>
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						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								The council shall have the responsibility to determine whether the school from which an applicant has obtained the education required by this chapter meets the requirements of this chapter.
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								If the council has any reason to question whether or not the applicant received the education that is required by this chapter from the school or schools that the applicant is claiming, the council may investigate the facts to determine that the applicant received the required education before issuing a certificate.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								For purposes of this section and any other provision of this chapter that authorizes the council to receive factual information as a condition of taking any action, the council may conduct
				  oral interviews of the applicant and others or conduct any investigation deemed necessary to establish that the information received is accurate and satisfies the criteria established by this chapter.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								The council shall develop policies, procedures, rules, or bylaws governing the requirements and process for approving, denying approval of, imposing corrective action on, or unapproving schools consistent with Section 4601. These policies, procedures, rules, or bylaws shall address topics, including, but not limited to, what constitutes an acceptable curriculum, facility requirements, student-teacher ratios, clinical practice requirements, and provisions for the acceptance of accreditation from a recognized accreditation body or other form of acceptance.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The approval process for a school shall be consistent with the following timelines:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before 30 days from the date the council receives an initial application for school approval, the council shall notify the school whether or not, for the purpose of preliminary review, the application is complete.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A notice that an initial application is not complete for the purpose of preliminary review shall specify what additional documents or payment of fees the school is required to submit to the council to make the application complete for the purpose of preliminary review.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Within 60 days from the date the council notifies the school that the initial application is not complete for purposes of preliminary review, the school shall provide the missing information and pay the required fees. If a school fails to do so, the council shall purge the application. The council
				  may, in its sole discretion, provide a school with an additional 30 days to make its application complete for purposes of preliminary review. A school with a purged application may submit a new application for school approval, including the required fees, without prejudice, after 180 days have passed from the effective date of purging. The council shall post on its internet website the effective date of purging.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before one year from the date the council receives an initial application for approval as a school, the council shall approve the school, propose to deny approval of the school, or notify the school that corrective action is required. The council reserves the right to issue a one-time notice of corrective action on an initial application. If the school fails to adequately rectify the deficiencies, the council may deny the application.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Within one year from the date that the council notifies a school of its proposed decision to deny approval of an initial application for school approval, the council shall notify the school of its final decision pursuant to any oral telephonic hearing or consideration of a written statement provided in opposition to the proposed decision to deny approval of the initial application for school approval.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								A school may appeal the council’s final decision to deny approval of the school. An appeal of the council’s final decision to deny approval of a school shall be heard at the next board of directors meeting with a date, as posted on the council’s internet website, that is at least 120 days from the last date for the school to timely request an appeal, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which
				  case the appeal shall be heard at a later board of directors meeting. The council shall notify the school of its right to appeal pursuant to this subdivision at the time of the final decision.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The council shall exercise its authority to approve, deny approval of, and unapprove schools and specify corrective action in keeping with the purposes set forth in Section 4603.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								The council may charge a reasonable fee for the inspection or approval of schools, provided the fees do not exceed the reasonable cost of the inspection or approval process.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								The council shall note on its internet website the date that a letter proposing to deny a school’s application for approval or reapproval or requesting corrective action has been sent to the school and the final outcome and date of that proposed action.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								For purposes of this section, the following terms have the following meanings:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								“Initial application” means a new application submitted by a school for school approval.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								“Complete application,” for purposes of preliminary review, means an application that the council, after preliminary review, has determined contains all the necessary documents for the council to begin a more thorough review process that allows the council to make a decision to approve or propose to deny the application for school approval or request corrective action. A complete application is not an approved application and a determination by the council upon preliminary review that an application is complete shall not prejudice the council’s ability to later determine that the application is not complete.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								“Preliminary review” means an initial review conducted by the council to determine if all fees have been paid and if all application and supporting documents have been submitted, so that the council can move forward and begin a more thorough review process. The preliminary review process does not include completion of a site visit or completion of background checks for noncertified individuals.
							</html:p>
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			<ns0:Num>SEC. 8.</ns0:Num>
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				Section 4621 of the 
				<ns0:DocName>Business and Professions Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>4621.</ns0:Num>
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the powers and duties of the council shall be subject to review by the appropriate policy committees of the Legislature.
							</html:p>
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			<ns0:Num>SEC. 9.</ns0:Num>
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				Section 94934.5 of the 
				<ns0:DocName>Education Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>94934.5.</ns0:Num>
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An institution with an approval to operate that knows that it is being investigated by an oversight entity other than the bureau shall report that investigation, including the nature of that investigation, to the bureau in writing within 30 days of the institution’s first knowledge of the investigation. An institution with an approval to operate that is the subject of a judgment by, a regulatory action by, increased oversight or monitoring by, or a settlement with, any oversight entity other than the bureau shall report it to the bureau within 30 days. Failure to comply with this section may subject the institution to an administrative citation pursuant to Section 94936.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								For the purposes of this section, “investigation” means any inquiry into possible
				  violations of any applicable laws or accreditation standards.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								For the purposes of this section, “oversight entity” means all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Any governmental agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any accrediting agency.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Any professional licensing entity that exercises any programmatic or institutional approval over the institution.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Any private entity authorized pursuant to any provision of the Business and Professions Code to approve schools or educational programs for purposes of a professional certification.
							</html:p>
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