Ordinance Number 912ORDINANCE NO. 912
' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-24.17 OF
CHAPTER 24 "REGULATION OF MASSAGE THERAPY," RELATING TO
TESTING REQUIREMENTS FOR MASSAGE THERAPISTS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Municipal Code Section 5-24.17, "National Test for Massage Therapist", of
Chapter 24, "Regulation of Massage Therapy", of Title 5 "Public Welfare" is hereby
amended in its entirety to read as follows:
"Section 5-24.17. Testing Requirements for Massage Therapist.
A. As a condition of obtaining a massage therapist license under this
chapter, each applicant shall take and obtain a passing score on
the current National Certification Examination for Therapeutic
Massage and Bodywork (referred to as "the National Examination")
as developed, administered, and verified by the NCBTMB.
B. As an alternative to the test requirement of sub -part (A) above, the
City Manager is authorized to establish an alternative examination
requirement referred to as the "City Standardized Massage
Therapist Test" ("the City Test"). The City Test shall be both a
written and practical examination testing the applicant's knowledge
of the basic subject matter, skills and abilities needed to perform
safe and therapeutic massage, in accordance with the following
criteria:
1. The City Test shall be prepared, conducted and graded by a City
designated massage instructor certified by the Council for Private
Post Secondary and Vocational Education pursuant to Education
Code section 94311.1.
2. The written examination shall test the competency and ability of the
applicant to engage in the practice of massage and his/her
knowledge of the rules and regulations set forth in this chapter.
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3. The practical test required by this section shall be structured to
fairly determine the ability of the applicant to properly perform
massage work. It shall require the applicant to perform massage
and shall cover the following basic subjects: anatomy, physiology,
ethics, hygiene, the practice and theory of massage, and CPR.
4. A score of seventy (70) percent or better is required on each
section of both the written and practical tests.
5. The City Test will be conducted in English. However, if the
applicant requests that any section of the examination be given in
another language, the City will use its best efforts to accommodate
the alternate language request. In the event that the request
cannot feasibly be accommodated, the test will proceed in English.
C. An Applicant who fails either the National Test or the City Test shall
not be eligible to retake either examination until at least a minimum
of sixty (60) days has elapsed from the last examination. The
applicant will be subject to a cost recovery fee for this service. An
applicant who fails to pass his/her second attempt shall not again
be eligible for a period of one hundred and eighty (180) days
thereafter.
D. In the event the City Manager cannot feasibly establish the
alternate testing procedure described herein, each applicant shall
be required to take and pass the National Examination described in
sub -part (A) of this section.
SECTION X. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 2. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
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PASSED, APPROVED AND ADOPTED this 21st day of February 2006.
DAVID SWE DLIN, MAYOR
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ONAAPIN, 10
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 06-03-07-01 was duly adopted by
the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held
the 7th day of March 2006, by the following vote:
AYES:// /CQ/LJ NCI 14M EMBERS: Hart, Bathgate, Soto, Allevato, and Mayor
L MEMBER: None
AB3EIV�:f YLOKIIOIL MEMBER: None
Clerk
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SP
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 15'" day of April 2006, at least 5 days prior to March 7, 2006, the date of adoption of the
ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24
"REGULATION OF MASSAGE THEWY," RELAT G TO TESTING
REQUIREMENTS FOR MASSAGE THERANSTS( A ,
This document was posted in the Office of the
San Juan
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 8`h day of March 2006 1 caused to be
posted a certified copy of Ordinance No. 912, adopted by the City Council on March 7, 2006
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24
"REGULATION OF MASSAGE THERAPY,JRELATING TO TESTING
REQUIREMENTS FOR MASSAGE THERAPISTS/ A /)
This document was posted in the Office of the City
MARGARET-RPM3DNAHAN, CITY CLERK
Juan Cao trAno, Cali omW I
San