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3.24.040   Exceptions.
   A.   The requirements of this chapter, relating to massage technicians, shall not apply to the following individuals while engaged in performing the duties of their respective professions:
      1.   Physicians, surgeons, chiropractors, acupuncturists, physical therapists or osteopaths duly licensed to practice their respective professions in the State of California.
      2.   A registered or licensed vocational nurse as long as a State licensed physician, surgeon, chiropractor or osteopath is on the premises during the time when the nurse is providing massage services. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage services or act as a massage technician.
      3.   Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California.
      4.   Barbers, beauticians and manicurists who are duly licensed by the State of California while engaging in the practice 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 said barber or beautician or in the case of a licensed manicurist, the massaging of the forearm, hands, calves and/or feet.
      5.   Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
      6.   Trainers of amateur, semi-professional or professional athletes or athletic teams.
   B.   The requirements of this chapter, relating to operators, shall not apply to the following individuals while engaged in performing the duties of their respective professions:
      1.   Physicians, surgeons, chiropractors, acupuncturists, physical therapists or osteopaths duly licensed to practice their respective professions in the State of California; so long as such professionals are performing massage establishment activities, as defined in this chapter, at a business as part of their respective professions, but not if massage establishment activities are at any time performed by massage technicians who are required to obtain a massage technician permit pursuant to this chapter.
      2.   A registered or licensed vocational nurse as long as a State licensed physician, surgeon, chiropractor or osteopath is on the premises during the time when the nurse is providing massage services. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage services or act as a massage technician.
      3.   Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California.
      4.   Barbers, beauticians and manicurists who are duly licensed by the State of California while engaging in the practice 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 said barber or beautician or in the case of a licensed manicurist, the massaging of the forearm, hands, calves and/or feet.
      5.   Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
      6.   Trainers of amateur, semi-professional or professional athletes or athletic teams. (Ord. 3020 § 5, 2002: Ord. 2967 § 1 (part), 2000).