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84 DAYSPA | JULY 2014 LEGAL PAD violence (sexual and otherwise), confi scation of immigration and passport papers, and the threat to harm family members should victims attempt to leave. As a solution to the Bads and Uglies, California created a centralized state agency, the aforementioned CAMTC, to cer- tify massage therapy practitioners in the state. There are four pathways to this certifi cation, and all require certain levels of massage education or reciprocity through a license from another state or Canadian province. The required massage education curriculum includes anatomy; physiology; contra- indications to the application of massage therapy; health and hygiene; and business and ethics. The CAMTC's certifi cation requirements apply statewide, ex- cept in cities that have their own permit process for massage therapists. If a local municipality does not have its own permit process—which describes the majority of municipalities in the State of California—and a therapist there becomes certifi ed through CAMTC, that person can practice anywhere in the state. How do these regulations thwart the evils fronted by ille- gitimate massage therapy establishments? Unfortunately, they don't. The Uglies—the human traffi ckers—aren't about to ed- ucate their "stock." The "stock", in fact, aren't even allowed outside for months at a time. Plus, they're subject to rotation, meaning they're periodically moved from one establishment to another, sometimes to another city, sometimes to another state. So, you can see how this makes meeting the educational criteria problematic (that was sarcasm). "THIS LAW HAS BEEN PRE-EMPTED" So, the CAMTC regulations can't do much about the Uglies. But they do help address the Bads, the stable fronts for voluntary prostitution, right? Uhhhh…. no. You see, when the legislation that created the CAMTC came into force, it pre-empted the power of the local governments to control massage businesses through their local ordinances. Pre-emption is a critically important legal concept. The doc- trine of pre-emption is based on the Supremacy Clause of the U.S. Constitution. It stands for the general proposition that cer- tain matters are of such national importance that federal law takes precedence or pre-empts state law. Usually state consti- tutions have an analogous clause holding that state law that ©ISTOCKPHOTO.COM dayspamagazine.com/freeinfo • Use FreeInfo #47 meets The Choice of Makeup Artists & the Most Discerning Beauty Professionals Whether backstage, on the runway, or in real life, Tweezerman Professional is your go to brand for unmatched quality, precision & performance. Award Winning Quality. Precision Performance. Runway Worthy Results. Tweezerman Professional available at Sally Beauty Supply and select beauty distributors near you. Please visit tweezermanprofessional.com or call 1-800 645-3340. L e g a l P a d . i n d d 8 4 Legal Pad.indd 84 6 / 3 / 1 4 1 1 : 4 8 A M 6/3/14 11:48 AM