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15. Massage permit Cupertino City Hall '10300 Torre Avenue Cupertino, CA 95014 Telephone: (408) 777-3182 Fax: (408) 777-3174 CODE ENFORCEMENr DIVISION SUMMARY AGENDA ITEM NO. Is-' MEETING DATE: June 5, 2007 SUBJECT AND ISSUE Consider sustaining Code Enforcement's denial of Massage Therapist Permit Application No. CE0701 001 O. BACKGROUND Chapter 9.06 of the Municipal Code defines and outlines the requirements for obtaining a permit to work as a Massage Therapist in the City of Cupertino. On November 3, 2006 applicant, Shan Shan Zhu and her interpreter, Wenwen Gu, submitted an , application to begin the process to obtain a Massage Therapist permit. She showed me valid identification and provided me with documents/transcripts ol1tlining 500 hours of massage course work at the Acupuncture and Massage Institute of America in Los Angeles. This course work was completed in October 2006. Exhibit A On November 3, 2006 Shanshan Zhu paid her fees to the City of Cupertino and she was given written instructions to call Dr. Roth to make an appointment for the practical exam. This instruction packet includes Dr. Roth's address, phone number and other instructions to the applicant. The packet also contains instructions on translation services available for the practical exam. The applicant is responsible for making an appointment with Dr. Roth and paying a fee directly to him. On February 14,2007 I received a fax from Doctor Roth's office and he stated the applicant did not pass the practical examination. It was recommended by Dr. Roth that the applicant use a translator for the next exam. On February 14,2007 I mailed notification to Zhu via US Mail that she had failed her first attempt at passing the practical examination. Exhibit B 15 - 1 On March 28, 2007 I received a fax from doctor Roth regarding the second test and she failed the exam. Zhu had paid for and used a translator during the test. On March 28, 2007 I mailed a letter of denial via US Mail to the applicant and enclosed the appeal form. Exhibit C On April 4, 2007 I received a call from Ms. Gu and she told me Mrs. Zhu wants to appeal the denial. Ms. Gu stated doctor Roth's office told the applicant to memorize the test. Ms. Gu stated the applicant memorized the test and when she returned to retake the test she failed again. On April 10, 2007 Zhu filed an official appeal. Exhibit D On May 29, 2007 I received a letter and resume from Dr. Mitchell Roth. Exhibit E On May 31, 2007 I received a letter from the official translator who provided the translation assistance to the applicant Mrs. Zhu. Exhibit F STAFF RECOMMENDATION Staff relies on the expertise of Dr. Mitchell Roth in administering the practical exam to our applicants. Dr. Roth has administered our practical exam since 1995. Dr. Roth contracts with other cities as the administrator of their practical exams. Staff recommends that we uphold the decision of Dr. Roth that the applicant is not qualified to work as a Massage Therapist in the City of Cupertino based on her performance during the practical exam. Submitted by: Approved for submission to the City Council: 1bL. David W. Knapp City Manager 15 - 2 EXhib; -I A ACUPUNCTUREANDMASSAGE INSTITUTE OF AMERICA 6513 WHlTfIER BLVD, LOS ANGELES, CA 90022 TEL:(323)888-1122 FAX:(323)888-1618 SCHOOL CODE: 1935911 CERTIFICATE OF COMPLETION (MASSAGE THERAPIST) STUDENT NAME: SHAN SHAN ZHU SEX: F ADDRESS: 41478 TRENOUTH ST, FREMONT, CA 94538 DATE OF BlRTII: 04-17-1965 PHONE: (510) 676-&374 START DATE: 05-11-2005 DATE OF COMPLETION: 10-20-2006 SUWffiCT HOURS I. ADVANCED MASSAGE D 500 A.FOOT REFLEXOLOGY 250 1. Anatomv. Pbvsiolol!V And Kinesioloev 125 2. Ethics and Business 10 3. Introduction to Foot ReflexolOi!V Mass8e:e Therapv 15 4. Foot Reflexolof!V Massae:e on Different Systems 100 · Student finished 100 bours foot reflexology internship GRADE 'B B B B B B. B, AURICULAR DIAGNOSIS AND TREATMENT 5. PatbolOt!V 6. Location of Auricular Points 7. Function of Auricular Points 8. Auricular Diaf!llos~ of Common Diseases 9. Auricular Massae:e Treatment (1) Acupressure (2) Massae:e 10. Treatment of Common Diseases (1) Internal Diseases (2) Gvnecoloe:ical Diseases {3) Pediatric Diseases (4) Orthopedic Diseases (5) Otbers 250 B 40 B 25 B 35 B 50 B 50 B 50 B Date of Graduation: 10-20-2006 Total Hours: 500 *finisbed clinical practice of foot reflexoloe:v massa2e 100 bours .. ~ /{)7 . Director: Yidine: Wanl!. C.A.. Ph.D. Instructor: Yidinl! WaDI! Date: lo..2()..2006 15 - 3 f,~1 ~ ___J EXhi biT B ITYOF CUPEIUINO City Hall 10300 Torre Avenue Cupertino, Ca 95014.3255 Telephone (408) 777-3182 Fax (408) 777-3174 CODE ENFORCEMENT DIVISION February 14, 2007 Shanshan Zhu 41478 Trenouth St. Fremont, CA 94538 Dear Mrs. Zhu: I am writing to you regarding your recent written! practical massage test, which you took at Dr. Roth's office in San Mateo. Below you will note a Fail "Grade". Fail: Unfortunately, your first attempt at passing the written/practical exam on 2/14/07 did not yield you a passing score. Please don't be too disappointed. Dr. Roth's office advised that as a general rule, most people will pass on their second attempt if they "brush up" on basic anatomy and technique. You are also advised to use a translator for your next test. You may take the test again after March 16,2007. The test must be completed before April 15, 2007. Please call this department if you have any questions. (408) 777-3182 Cc: Wenwen Gu' 15 - 4 Printed on Recycled Paper EXhibliC CilyHall 10300 Torre A venue Cupertino, CA 95014 Telephone: (408) 777-3182 Fax: (408) 777.3 I 74 CODE ENFORCEMENT DIVISION March 28, 2007 Shanshan Zhu 41478 Trenouth St. Fremont, CA 94538 Dear Mrs. Zhu: This letter is being sent to you because your application for massage therapist has been denied. The denial is based on the following. . 1) Failed the practical examination on your second attempt with Doctor Roth. The city of Cupertino denied your application based on the requirements listed in chapter 9.06 of the Cupertino municipal code. You do have the right to appeal this decision. The appeal request must be in writing and must be received by the city clerk's office within five-business days in receipt of this letter. I have enclosed a copy of the appeal form that must be filled out along with your appeal letter. The documents must be delivered along with a $150.00 dollar appeal charge. The appeal charge will be refunded if the appeal is granted by the City Council. Please contact the city clerk's office at (408) 777-3223 to obtain more information on the appeal process ,..-......-' .. enc1o~ure 15 - 5 Printed on Recycled Paper f..)(hibir D City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 (5) IE (G lEU \YIIE fR1 lJl) APR 1 0 mOl ~ r F CUPEI\TINO CUPERTIN"O CrTY CLERK APPEAL 1. Application No. ShlHJ) ~ -Z~ 5h.a.t ~ Uu Cf( lf7 f T Nll/oWf!v C;t. J 1N..~, CIt f~r'3f , -nO ~7bt; 7Cf 2. Applicant(s) Name: " 3. Appellant(s) Name: Address Phone Number Email 4. Please check one: E:" pp al a decision of Director of Community Development peal a decision of Planning Commission ~ppeal of Code Enforcement Decision 5. Date of determination of Director or mailing of notice of City decision: 3/rJS/()()O 7 If' Basis of appeal: /.~.A . JJ O/1f'Mf4/~~ ~AI7t'4( !AA1/ IU/1 (J/hJ~ . () Nf\ ,.. h,,~ 0rfty,e~. '2>/~MI;"/~"" ~0 VT ~ f/~ ' ~~~~tt:~"A/ j#" i1. R~ ~ ' -t?r;~""":~ uJ~ ~~ ~'aM!~~' 5L, "S~- -2k Pl~ase CO~Plete form, include appeal fee of$I.50 .Okd return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223. 6. J Signature(s) 15 - 6 , Ha::t 29 07 06: 55p Dr Of'f'ice 6503487025 p.2 E-Xh i bi-t E: Mitchell Roth D.C., to.E. INDUSTRIAL DISABILITY E,>(AM!NER ... I 181 2nd Avenve. Suite 500 San Mateo. CA 94401 (650) 348.7005 May 29. 2007 City of Cupertho . Gary Kornahrens 10300 Torre Avenue Cupertino. CA 95014 RE: Massage testing for Applicants Dear Mr. Kornahrens: A recent applicar.1 is contesting the massage testing procedure that is currently in place for the city of Cupertino and I would like to respond. I've have been in private practice for 24 years. an instructor at Life Chiropractic College for 8 years, and have administered a massage testing program to 10 different police departments for the last 15 years. I can assure ~..ou that the quality and consistency of the exam process IS fair and equi!abla as I have been the only one administering this exam over the last 15 years. I r.ave personally tested every applicant myself. The question of testing non-English speaking applicants has beer addressed by providing translation in the applicant's native language. I utilize a company cailed I-Interpret in Palo Alto that provides professional bilingual interpreters in any language requested. I have used interpreters for Russiar'l. Vietnamese, Spanish, and Chinese (both Mandarin and Cantonese). All of these languages do not have specific translation for the anatomical name of the muscles or bones. There is no literal1rans!ation for Biceps. Triceps., Deltaic, etc. These names are learned by all medical professionals in every countr/. by ttleir correct Latin name, regardless of the language its taught in To nlf knowledge all Certified and Credentialed Massage Schools use the same format to teach anatomy as the medical profession. 15 - 7 10. 1 1 ~ Yl,\.s ' # / s:- &~S--07 4158396181 -:r~{+ /-htn : Vivien Choy 143 Middlefield Dr. San Francisco, Ca 94132 EX!,; b/-t F May 3 1, 2007 To W110m it may concern: I, Vivien Choy, am a freelance interpreter. I have been doing translation since 1995. My job duty is to translate for Chinese speaking cliems in legal and medical offices, insurance companies, and immigration courts. . . My translation is true and correct to the best of my knowledge. Sincerely, C~) ~,___ ;: '- n~:~~~~~'_",,_~ --~. Vivien Choy ~ ~ .. .. .. " . . Ha::l 29 07 06:55p Dr Of"f'ice 6503487025 p.3 The applicant in question has learned tl".e anatomy by location. rather than by name. She has learned the muscles as the muscle on the frcnt of the forearm, muscle on the back of leg. muscle on t.he shoulder, etc, She was unfamiliar wi~h the muscle names, so she couldn't differentiate between tre Biceps, Triceps. or Deltoid muscles, which all attach in the shoulder. In my professional opinion, this applicant clearly did not demonstrate an acceptable level of massage knowledge either in anatomy or physiology and therefore should not be granted a massage permit The applicant communicated well with the interpreter ;.':)nd never indicated any difficulty with understanding what was being asked of her. She simply did not know the material. All applicants, regardless of language, have been required to demonstrate th:s knowledge :n the testing process. for the last 15 years. Should you chocise to waive that requirement for this applicant, I believe you would be doing a great disservice to all the prior applicants that have met this requirement through their accredited schools alid training. Lastly, please be aware that many other applicants that require Mandarin translation pass the examination for other cities, which ind!ca~es to me that the quality aT their education in their respective massage schools was good. 1 would question the quality and certification of a graduate of any massage school that teaches anatomy by general location, rather than by name. I hope this resolves any questions you may have. Sincerely, vt/~I:~...'4 ~ . t:- ~ Mitchell Roth, D.C. 15 - 8 .Ma~ 29 07 OS:56p Dr Of'f"ice 6503487025 p.4 Mitchell Roth D.C., to.E. fNDUSTFlIAL DISABILITY EXAMiNER 'IT 181 2nd Avenue, Suite 500 San Mateo, CA 94401 (650) 348-7005 CURRICULUM VITAE EDUCA TION Doctor of Chiropractic Palmer College of Chiropractic, Sunnyvale. CA October 1982 Associate of Arts American River Junior College, Sacramento CA 1979 EXPERIENCE Life Chiropractic College, San lorenzo, CA Clinical Faculty 1991 to 2000. Instruction, observation, and evaluation, of Senior Clinical Interns conceming diagnosIs, treatment, and case management. City of San Mateo, Consultant . Licensing evaluations 1991 to present Established and administered a massage therapy testing program for the San Mateo Police Department. City of Mountain View, Consultant Massage licensing evaluations 1993 to present City r:if Los Altos, Consultant Massage licensing evaluations 1994 to present City of South San Francisco, Consultant Massage lieer-sing evaluations 1994 to present City of Milpitas, Consu:tant Massage Iic.ensing evaluations 1994 to present. 15 - 9 'Ma~ 29 07 06:5Bp Curriculum Vitae LICENSES MEMBERSHIP PERSONAL Dr Of'f'ice 6503487025 p.5 2 City of Sunnyvale, Consultant Massage 1iC'.ensing evaluations 1995 to 1999 City of Cupertino, Consultant Massage licensing evaluations 199-5 to p.-esent. . Daly City, Consultant Massage licensing evaluations 1995 to 1999 Burlingame, Consultant Massage licensing evaluations 1999 to present Private Practice 1983 to present I have maintained a full-tir"l"1e practice in San Ma1eo. The office is located one block from Mills Hospital in downtown San Mateo. Doctor of Chiropractic 1983 California License # 15371 Rae iograph-Xray Supervisor/Operator California License # 122036 Diplomate Certlficate National Board of Chiropractic Examiners Certificate # 20691 Managed Care Credential 1993 California Chiropractic Association Industrial D:sability Examiner 1995 California Chiropractic Association California Chiropractic Association San Mateo County Chiropractic Society Preferred Provider for various Managed Care Organizations. Age 53 Married 1 child 15-10 . Ha~ 29 07 06:58p Dr Of'f'ice S503497C"J2~) p.8 3 Qualitlcations for Massage Testing: Doctor of Chiropractic Degree with 4500 hours of anatomy, physiology and technique. Licensed t.y the State of California to perform massage with:n my scope of practice. Teacher and Clinical Faculity member for 8 years at Life West College, where I taught anatomy and technique. Established a rrassage te.'?ting program for San Mateo in 1993 ana contonue to administer it to date. I additionally provide the same consulting services for 7 other Pollee Departments. . In practice for 24 years and have used massage tr.erapy extensively w;lh patients. Vil~e4.doc 15-11