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HomeMy WebLinkAboutAgenda Statement 1989/03/28 Item 12 COUNCIL AGENDA STATEMENT /O` Item-1 Meeting Date x49 +'/y/Sf ITEM TITLE: Ordinance 2307 Amend Ordinance 5.36.070 to exempt "Holistic Health Practitioners" from massage parlor regulation SUBMITTED BY: Director of Pubic Safety iON REVIEWED BY: City Manager9 (4/5ths Vote: Yes Noxx ) ✓✓ (Council Referral #1338r At the September 6, 1988 City Council meeting, Council requested that a report be prepared on a letter from Ramona Moody requesting that Holistic Health Practitioners be exempted from normal regulations of massage parlors. The item was discussed at the 12-20-88 Council meeting and it was referred back to staff with a request for language that would 1 ) require HHP's to complete state approved curriculum to qualify for an exemption and 2) require that an HHP provide a range of health services in addition to massage. RECOMMENDATION: Adopt the ordinance amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City received a letter from Ms. Ramona Moody requesting that Chula Vista investigate the possibility of revising our massage parlor ordinance to exempt "Holistic Health Practitioners" from regulation under that ordinance. A "Holistic Health Practitioner" (HHP) is a non-medical health care therapist who uses a massage speciality and therapeutic approach in caring for clients. In order to qualify as an "HHP" they must complete 1 ,000 hours of instruction in their specialty or therapeutic approach at a school with a State approved curriculum which qualifies the student for certification as an HHP. The practice of HHP's in addition to massage therapy, must include nutritional assistance, exercise programs and counseling directed toward health care. Currently, our Massage Parlor Ordinance requires regulation of anyone engaging in massage procedures with exemptions for "Physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in this state . . . (and) any person licensed to practice any such art or profession under the Business and Professions Code of this state or of any other law of this state. " HHP's are not state licensed and are not exempted under the wording of our existing ordinance. The reasons for recommending the exemption of HHP' s are as follows: 1 . The exemption of HHP' s would provide a two-step licensing process that would separate health-directed massage from regular massage and allow the Police Department to continue to regulate massage parlors while allowing HHP' s to practice without parlor restraints. Page 2, Item —3-7-- Meeting Dater , 9 '/9/b'9 2. There would be a savings of time and money in background searches, fingerprints, etc. for both the Police Department and for the practitioner. 3. By exempting HHP's there would be equity of the law, providing an exemption for them as we do for other health practitioners. Our current ordinance exempts from police regulation, massage that is performed by certain health therapists. The ordinance lists State licensed health practitioners, but cannot be limited to them. We feel that other practitioners, specifically HHP's, should receive equal treatment. 4. This exemption would put the responsibility where it belongs: it would recognize that schools (supervised by the Department of Education) are responsible for competency; professional associations are responsible for discipline; and the police are responsible for enforcement of regulations applying to businesses that may become involved in illegal activities. 5. Exempting HHP's would not prohibit the police department from dealing with any illegal activity that might take place within the establishment of an HHP or any other exempted establishment. 6. If HHP's were not exempted, they could apply for a massage parlor technician permit and work under our existing massage parlor ordinance. As part of our investigation, contact was made with representatives of San Diego Police and the San Diego Sheriffs Department and it was confirmed that "HHP's" are exempted from regulation under their massage parlor ordinance. A San Diego Police Department representatives explained that they have had HHP' s exempted from their massage parlor regulations since 1984 with very few problems. The one recent problem that they did have was that an exempted HHP had opened more than one office and recently there was a discovery that the offices were staffed with massage technicians (not qualified HHP 's) and effectively being run as unregulated massage parlors because of their exempted status. The San Diego Police Department officer advised that they are in the process of resolving the problem by amending their ordinance to require that whenever an individual uses massage in caring for a client, while working for an HHP, they must have a valid massage technician permit. The amendment would require that the massage- technician be under the "control and direction" of an exempted "HHP". In order to be under the "control and direction" of the HHP, their ordinance would require that the HHP be physically present on the establishment premises where the massage is being administered. It is recommended that our Massage Parlor Ordinance be changed to exempt Holistic Health Practitioners, by listing them in Section 5.36.070 as one of several categories of practitioners that are exempt from regulation. The revision of the ordinances will include language that requires that the qualified HHP be physically present on the establishment premises where the massage is being administered to avoid the problem experienced by the City of San Diego. Page 3, Item Meeting Date 4/y/0 In addition, it is suggested that language be added to our existing ordinance to define "Specified Anatomical Areas" and "Operating Requirements for Massage Technicians" that is needed and is presently missing from our ordinance. FISCAL IMPACT: None with this action. WPC 0176N AJ0 -maC - t o ew oL /,(Lt '� ,, by the cy Cou oil of by the Cii Chula Vista, California Chula Vist, • pia Dated 3 " z 7 -p7 Dated __ . -Y?