§ 9-331. Exceptions

The requirements of this article relating to massage establishment permits shall not apply to the following while engaged in performing the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, physical therapists or osteopaths duly licensed to practice their respective professions in the State of California. This exemption only applies if the massage is performed by the licensed professionals and/or by a staff member of the licensed professionals in the course of treatment prescribed by the licensed professional and only when the licensed professional is present on the premises.

(b) Acupuncturists who are duly licensed to practice their respective profession in the State of California. This exemption only applies if the massage therapy is performed by the licensed acupuncturist to the treated area. If a licensed acupuncturist wishes to provide massage therapy by an individual(s) who is not a licensed acupuncturist, that individual(s) must obtain a valid CAMTC certificate prior to providing massage services, and the owner acupuncturist must obtain a massage establishment permit from the city. No massage establishment permit shall issue to any acupuncturist who is not fully in compliance with all the requirements of the California Acupuncture Board.

(c) A registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons that do not meet the requisite qualifications for a massage practitioner or therapist, or any other person not otherwise licensed by the State of California or certified by the CAMTC, whether or not employed by physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage services or act as a massage practitioner or therapist.

(d) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California.

(e) Barbers, beauticians and manicurists who are duly licensed by the State of California while engaging in the practice of their profession and acting within the scope of their respective licenses, except that this exemption applies solely for the massaging of the neck, face and/or scalp of the customer or client of a barber or beautician or in the case of a licensed manicurist, the massaging of the forearm, hands, calves and/or feet.

(f) Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

(g) Trainers of amateur, semi-professional or professional athletes or athletic teams.

(h) Events such as marathons and concerts may provide massage therapy services only through certified massage practitioners and therapists. Provided that, any event that requires that massage therapy is provided for more than forty-eight (48) hours shall obtain a massage establishment permit.

(i) Massage therapy booths operating at the Orange County Fair and Event Center shall not be required to obtain a massage establishment permit, and shall only allow certified massage therapists and practitioners to provide massage services.

((Ord. No. 11-7, § 1, 7-19-11 )