San Diego Municipal Code Div. 44 Holistic Health Practitioners

(“Holistic Health Practitioners” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)

It is the purpose and intent of this Division to provide for the orderly regulation of the massage services provided by any holistic health practitioner in the City of San Diego, and to protect the public health and welfare of the residents of the City of San Diego, by establishing minimum requirements for entry into the profession, preventing unqualified individuals from entering the profession, and by preventing unscrupulous individuals from using the profession for goals unrelated to maintaining human health and wellness.

Nothing in this Division is intended to preclude holistic health practitioners from engaging in other non-medical health services, such as nutritional assistance or counseling, as long as the services are otherwise permitted under state and federal law.

Nothing in this Division is intended to limit or define the holistic health practitioner’s scope of practice. It is intended to regulate massage services provided as part of the practice. Therefore, any holistic health services that are not listed in the definition contained in section 33.4402, such as nutritional counseling, are not police- regulated. (“Purpose and Intent” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.) (Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Holistic health practitioner means a non-medical health care therapist who uses any
method of pressure on, or friction against, or stroking, kneading, rubbing, tapping,
pounding, vibrating, or stimulating the external parts of the human body with the
hands or other parts of the body, with or without the aid of any mechanical or
electrical apparatus or appliances, rubbing alcohol, liniments, antiseptics, oils,
powders, creams, lotions, ointments or other similar substances; and who claims
exemption from police regulation as a massage therapist pursuant to this Division.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2014)

Holistic health practitioner business means any business that is owned and operated by one or more holistic health practitioners and that hires or contracts with other holistic health practitioners or massage therapists for the purpose of offering non- medical health care.

Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

Massage therapist means any person who gives or administers a massage to another person, for any form of consideration whatsoever.

NCBTMB means the National Certification Board for Therapeutic Massage and Bodywork.

NCCAOM means the National Certification Commission of Acupuncture and Oriental Medicine.

Off-premise massage therapist means any person who provides massage services by appointment at a location other than premises licensed as a massage establishment. It includes massage therapists who provide off-premise massage services and who are self-employed and/or who contract with or work for a business other than a massage establishment.

State-approved school means any school or institution within the United States, which is approved by the state in which it resides, for the teaching of massage. (“Definitions” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)

(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

(a) It is unlawful for any person to operate as a holistic health practitioner without a police permit, unless the holistic health practitioner is exempt pursuant to section 33.4407.

(b) It is unlawful for any person to own or operate a holistic health practitioner
business without a police permit, unless the business is exempt under section
33.4407.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2014)

(c) Any business or person providing massage services not having a permit under
this Division must comply with Division 35 of this Article, unless the
business or person is exempt under section 33.4407 or section 33.3511.
(“Permit Required for Holistic Health Practitioner, Business” added 11–20–2000 by
O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

Permit Application Contents

To obtain a holistic health practitioner permit or business permit, each applicant shall
furnish the following information to the Chief of Police:

(a) The full true name and any other names ever used by the applicant.

(b) The current residential address and telephone number of the applicant.

(c) The address of the proposed holistic health practitioner business, or the name
and address of the business at which the holistic health practitioner expects to
be employed.

(d) Each residential address of the applicant for the five years immediately
preceding the date of the application, and the inclusive dates of each such
address.

(e) Written proof that the applicant is at least eighteen years of age.

(f) Applicant’s height, weight, color of eyes and hair.

(g) Photographs as specified by the Chief of Police.

(h) Proof of successful completion of a national certification exam administered
by a national professional certification organization approved by the Chief of
Police. The exams administered by the NCBTMB and NCCAOM are
approved by the Chief of Police.

(i) Proof of satisfactory completion of 1,000 hours of instruction in any state-
approved school devoted to holistic health practices and body therapies. The
applicant must provide the Chief of Police with proof that the school(s)
attended by the applicant are state-approved school(s).

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(j) Proof of membership in a nationally chartered organization devoted to holistic
health and massage which requires members to obtain liability insurance, or
proof of comparable liability insurance.

(k) Applicant’s business, occupation, and employment for five years immediately
preceding the date of the application.

(l) Whether the applicant has ever had the same or similar type of license or
permit issued by any agency or board, or any city, county, state, or federal
agency suspended or revoked within five years immediately preceding the
date of application, and the reason for the suspension or revocation.

(m) All criminal convictions, including those dismissed pursuant to California Penal Code section 1203.4, except traffic, and the dates and places of the convictions.

(n) Fingerprints.
(“Holistic Health Practitioner Permit, Holistic Health Practitioner Business Permit
Application Contents” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

In addition to the grounds for denial stated in section 33.0305, an application for a holistic health practitioner permit or business permit shall be denied for any of the following reasons:

(a) The applicant has within five years immediately preceding the date of the
filing of the application, been convicted of any of the following offenses:

(1) any offense described in California Penal Code sections 266h, 266i,
315, 316, 318, 653.22, or 647(a) or (b);

(2) any offense described in California Penal Code, Part One, Title 9,
Chapters 7.5 and 7.6; or,

(b) The applicant has within five years immediately preceding the date of the
filing of the application been convicted of: a charge of violating any lesser
included or lesser related offense, including California Penal Code section
415, in satisfaction of, or as a substitute for, an original charge of any of the
offenses listed in section 33.4405(a).

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2014)

(c) The applicant has been convicted of any offense which requires registration as
a sex offender under California Penal Code section 290.
(“Grounds for Denial of Holistic Health Practitioner Permit, Business Permit”
added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

(a) Renewal of a permit shall be annual in accordance with section 33.0308. At the time of annual renewal, the permittee must provide proof of the following:

(1) Twelve hours of continuing education in health or massage therapy.
The continuing education hours must be obtained from a facility or
organization approved by the NCBTMB or the NCCAOM, or a state-
approved school or any other certification organization recognized by
the Chief of Police; and

(2) membership in a nationally chartered organization, which requires
members to obtain liability insurance, or comparable liability
insurance.

(b) Additionally, the permittee must show proof that the permittee’s national
certification is current. Proof from NCBTMB, NCCAOM, or any other
certification organization recognized by the Chief of Police, is sufficient.
(“Renewal for Holistic Health Practitioner Permit, Business Permit” added
11-20-2000 by O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

(a) This Division does not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions within the scope of their California state licenses: acupuncturists, aestheticians, barbers, chiropractors, cosmetologists, exercise physiologists, manicurists, nurses, occupational therapists, osteopaths, physical therapists, physicians, or surgeons.

(b) This Division does not apply to trainers of any semiprofessional or
professional athlete or athletic team, or trainers hired by a local, state or
federal government agency.

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(c) This Division does not apply to any educational institution licensed by the
State of California, including any portion of the institution providing massage
services, such as student clinics and work study programs, regulated under the
state license. However, this exemption does not apply to any business owned
or operated by such an institution that is not regulated under the state license.
(“Exemptions” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

Practitioners, Business

(a) Every holistic health practitioner’s business tax certificate and police permit
shall be readily available for inspection by a peace officer.

(b) If a holistic health practitioner owns a business at a fixed business location, a
copy of every holistic health practitioner permit and the massage therapist
permit of all employees shall be posted in a conspicuous place on the business
premises.

(c) Each holistic health practitioner and massage therapist must wear a name tag
on their outermost garment when providing holistic health services to a
patron. The name tag must contain the therapist’s name as it appears on the
police permit. This subsection, subsection (c), is regulatory only.

(d) The holistic health practitioner business permittee shall ensure that all
massage therapists employed by the permittee comply with Division 35 of
this Article.

(e) The holistic health practitioner business permittee shall ensure that all off-
premise massage therapists contracting with the holistic health practitioner
comply with Division 35 of this Article.

(f) It is unlawful for any holistic health practitioner business permittee to employ
another holistic health practitioner or massage therapist unless the employee
has a valid police permit.
(“Permit Posting, Name Tags, and Operating Requirements for Holistic Health
Practitioners, Business” added 11–20–2000 by O–18886 N.S.; effective 7-1-2001.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (12-2014)

(a) Each holistic health practitioner licensed under the provisions of this Division shall include the number of their police permit in any advertisement of services appearing in any newspaper, telephone directory, other printed advertising medium, or electronic media. The reference does not have to contain the words “police permit.” “City of San Diego permit number 1111,” or similar language, will suffice so long as the correct police permit number is included.

(b) Advertising hours other than those allowed in this Division is grounds for
regulatory action against the permittee. This subsection is regulatory only.

(c) In addition to any criminal penalty, a violation of California Business and
Professions Code section 17500 (false or misleading statements) is grounds
for regulatory action against the permittee.
(“Holistic Health Practitioner, Business, Advertising Requirements” added 11–20–
2000 by O–18886 N.S.; effective 7-1-2001.)
(Amended 11-25-2014 by O-20437 N.S.; effective 12-25-2014.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

Article 3: Police Regulated Occupations and Businesses