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SB-1043 Personal trainers.(2009-2010)

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SB1043:v98#DOCUMENT

Amended  IN  Senate  April 28, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 1043


Introduced  by  Senator Calderon

February 12, 2010


An act to add Chapter 2.7 (commencing with Section 18900) to Division 8 of the Business and Professions Code, relating to personal trainers.


LEGISLATIVE COUNSEL'S DIGEST


SB 1043, as amended, Calderon. Personal trainers.
Existing law imposes requirements for a person to hold himself or herself out as a member of a particular vocation or profession, but does not impose such requirements with respect to personal trainers.
This bill would provide that a person may not hold himself or herself out as a personal trainer without having either a college degree or certification from a national independent certifying body, as defined, unless he or she either has a bachelor’s degree in exercise science, kinesiology, fitness science, or another closely related field, or is certified by a national independent organization, as specified, or an organization accredited by either the Council for Higher Education Accreditation or by the United States Department of Education.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 2.7 (commencing with Section 18900) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  2.7. Personal Trainers

18900.
 (a) It shall be unlawful for any person to hold himself or herself out as a “personal trainer” without having either a college degree or certification from a national independent certifying body. herself out as a, or use the title of, personal trainer, unless he or she meets the requirements of paragraph (1) or (2).
(1) The person has a bachelor’s degree in exercise science, kinesiology, fitness science, or another closely related field.
(2) The person is certified under one of the following:
(A) By a national independent organization whose certification procedures for personal trainers have been approved by the National Commission for Certifying Agencies (NCCA).
(B) As a personal trainer by an organization accredited by either the Council for Higher Education Accreditation or by the United States Department of Education.
(b) For purposes of this chapter, “to hold himself or herself out as a, or use the title of, personal trainer” means to state or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that he or she is a personal trainer.
(c) (1) For purposes of this chapter, “personal trainer” means an individual who has expertise in developing and implementing physical fitness and training programs for individuals, and who provides those services through either a direct financial relationship with an individual or through an organization that is compensated for making those services available.
(2) The term “personal trainer” shall not include an individual who only provides training in a particular discipline, such as yoga, pilates, or the use of a particular piece of equipment or device such as a bicycle, that does not include providing advice or assistance on other aspects of physical fitness and training, such as body weight management, cardiovascular fitness, endurance, and overall muscle and strength development.