LEGISLATIVE GENERAL COUNSEL S.B. 180
6 Approved for Filing: P. Grecu 6 3rd Sub. (Ivory)
6 03-02-22 5:16 PM 6
Representative Candice B. Pierucci proposes the following substitute bill:
1 MASSAGE THERAPY PRACTICE ACT AMENDMENTS
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Candice B. Pierucci
6
7 LONG TITLE
8 General Description:
9 This bill amends the Massage Therapy Practice Act.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < creates a license classification for:
14 C a massage assistant; and
15 C a massage assistant in-training;
16 < establishes the qualifications and scope of practice for a massage assistant and a
17 massage assistant in-training;
18 < modifies massage therapist exam requirements;
19 < allows a massage therapist to supervise at one time up to six individuals licensed as
20 a massage apprentice or massage assistant in-training; 3rd Sub. S.B. 180
21 < allows certain licensed individuals to supervise at one time up to six individuals
22 licensed as a massage assistant;
23 < requires º [a massage business that employs] certain signage and disclosures when
23a » a massage assistant or massage assistant
24 in-training º [to display certain signage] provides a massage service » ; and
25 < makes technical and conforming changes.
*SB0180S03*
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26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 58-47b-102, as last amended by Laws of Utah 2012, Chapter 34
33 58-47b-301, as last amended by Laws of Utah 2013, Chapter 278
34 58-47b-302, as last amended by Laws of Utah 2020, Chapter 339
35 58-47b-303, as enacted by Laws of Utah 1996, Chapter 76
36 58-47b-304, as last amended by Laws of Utah 2021, Chapter 403
37 58-47b-305, as last amended by Laws of Utah 1998, Chapter 159
38 58-47b-501, as last amended by Laws of Utah 2018, Chapter 318
39 58-47b-502, as last amended by Laws of Utah 1998, Chapter 159
40 ENACTS:
41 58-47b-306, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 58-47b-102 is amended to read:
45 58-47b-102. Definitions.
46 In addition to the definitions in Section 58-1-102, as used in this chapter:
47 (1) "Board" means the Board of Massage Therapy created in Section 58-47b-201.
48 (2) "Breast" means the female mammary gland and does not include the muscles,
49 connective tissue, or other soft tissue of the upper chest.
50 (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
51 muscular system.
52 (4) "Massage apprentice" means an individual licensed under this chapter as a massage
53 apprentice to work under the direct supervision of a licensed massage therapist.
54 (5) "Massage assistant" means an individual licensed under this chapter as a massage
55 assistant to engage in the practice of limited massage therapy while working under the indirect
56 supervision of:
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57 (a) a massage therapist who has:
58 (i) at least three years of experience as a licensee; and
59 (ii) engaged in the lawful practice of massage therapy for at least 3,000 hours;
60 (b) a physician licensed under Chapter 67, Utah Medical Practice Act;
61 (c) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical
62 Practice Act;
63 (d) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
64 Act;
65 (e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
66 (f) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act.
67 (6) "Massage assistant in-training" means an individual licensed under this chapter as a
68 massage assistant in-training to engage in the practice of limited massage therapy.
69 [(5)] (7) "Massage therapist" means an individual licensed under this chapter as a
70 massage therapist.
71 (8) "Practice of limited massage therapy" means:
72 (a) the systematic manual manipulation of the soft tissue of the body for the purpose
73 of:
74 (i) promoting the therapeutic health and well-being of a client;
75 (ii) enhancing the circulation of the blood and lymph;
76 (iii) relaxing and lengthening muscles;
77 (iv) relieving pain;
78 (v) restoring metabolic balance;
79 (vi) achieving homeostasis; or
80 (vii) other purposes;
81 (b) seated chair massage;
82 (c) body wraps;
83 (d) aromatherapy;
84 (e) reflexology; or
85 (f) in connection with an activity described in this Subsection (8) the use of:
86 (i) the hands;
87 (ii) a towel;
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88 (iii) a stone;
89 (iv) a shell;
90 (v) a bamboo stick; or
91 (vi) an herbal ball compress.
92 [(6)] (9) "Practice of massage therapy" means:
93 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
94 for the purpose of devising a treatment plan to promote homeostasis;
95 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for
96 the purpose of:
97 (i) promoting the therapeutic health and well-being of a client;
98 (ii) enhancing the circulation of the blood and lymph;
99 (iii) relaxing and lengthening muscles;
100 (iv) relieving pain;
101 (v) restoring metabolic balance;
102 (vi) achieving homeostasis; or
103 (vii) other purposes;
104 (c) the use of the hands or a mechanical or electrical apparatus in connection with this
105 Subsection [(6)] (9);
106 (d) the use of rehabilitative procedures involving the soft tissue of the body;
107 (e) range of motion or movements without spinal adjustment as set forth in Section
108 58-73-102;
109 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and
110 cabinet baths;
111 (g) manual traction and stretching exercise;
112 (h) correction of muscular distortion by treatment of the soft tissues of the body;
113 (i) counseling, education, and other advisory services to reduce the incidence and
114 severity of physical disability, movement dysfunction, and pain;
115 (j) similar or related activities and modality techniques;
116 (k) the practice described in this Subsection [(6)] (9) on an animal to the extent
117 permitted by:
118 (i) Subsection 58-28-307(12);
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119 (ii) the provisions of this chapter; and
120 (iii) division rule; or
121 (l) providing, offering, or advertising a paid service using the term massage or a
122 derivative of the word massage, regardless of whether the service includes physical contact.
123 [(7)] (10) "Soft tissue" means the muscles and related connective tissue.
124 [(8)] (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501.
125 [(9)] (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502
126 and as may be further defined by division rule.
127 Section 2. Section 58-47b-301 is amended to read:
128 58-47b-301. Licensure required.
129 (1) An individual shall hold a license issued under this chapter in order to engage in the
130 practice of massage therapy or the practice of limited massage therapy, except as specifically
131 provided in Section 58-1-307 or 58-47b-304.
132 (2) An individual shall have a license in order to:
133 (a) represent [himself] oneself as a massage therapist [or], massage apprentice,
134 massage assistant, or massage assistant in-training;
135 (b) represent [himself] oneself as providing a service that is within the practice of
136 massage therapy or the practice of limited massage therapy or use the word massage or any
137 other word to describe [such] the services; or
138 (c) charge or receive a fee or any consideration for providing a service that is within the
139 practice of massage therapy or the practice of limited massage therapy.
140 Section 3. Section 58-47b-302 is amended to read:
141 58-47b-302. License classifications -- Qualifications for licensure.
142 (1) The division shall issue licenses under this chapter in the classifications of:
143 (a) massage therapist; [and]
144 (b) massage apprentice[.];
145 (c) massage assistant; and
146 (d) massage assistant in-training.
147 (2) Each applicant for licensure as a massage therapist shall:
148 (a) submit an application in a form prescribed by the division;
149 (b) pay a fee determined by the department under Section 63J-1-504;
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150 (c) be 18 years [of age] old or older;
151 (d) have either:
152 (i) (A) graduated from a school of massage having a curriculum which meets standards
153 established by division rule made in collaboration with the board; or
154 (B) completed equivalent education and training in compliance with division rule; or
155 (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
156 hours of supervised training over a minimum of 12 months and in accordance with standards
157 established by the division by rule made in collaboration with the board; and
158 (e) pass [examinations]:
159 (i) the Federation of State Massage Therapy Boards Massage and Bodywork Licensing
160 Examination; or
161 (ii) any other examination established by rule by the division in collaboration with the
162 board.
163 (3) Each applicant for licensure as a massage apprentice shall:
164 (a) submit an application in a form prescribed by the division;
165 (b) pay a fee determined by the department under Section 63J-1-504;
166 (c) be 18 years [of age] old or older;
167 (d) provide satisfactory evidence to the division that the individual will practice as a
168 massage apprentice only under the direct supervision of a licensed massage therapist in good
169 standing and who has engaged in the lawful practice of massage therapy as a licensed massage
170 therapist for not less than 6,000 hours; and
171 (e) successfully complete an examination as required by division rule.
172 (4) º (a) » Each applicant for licensure as a massage assistant shall:
173 º [(a)] (i) » submit an application in a form prescribed by the division;
174 º [(b)] (ii) » pay a fee determined by the department in accordance with Section
174a 63J-1-504;
175 º [(c)] (iii) » be 18 years old or older; º [and] »
176 º [(d)] (iv) » provide satisfactory evidence to the division that:
177 º [(i)] (A) » the individual will practice as a massage assistant only under the indirect
178 supervision of an individual described in Subsections 58-47b-102(5)(a) through (f); and
179 º [(ii)] (B) » the applicant has completed º [the following education and training
179a that meets the
180 requirements established] education and training as required » by division rule made in
180a accordance with Title 63G, Chapter 3, Utah
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181 Administrative Rulemaking Act º [:] ; and
181a (v) pass an examination as required by division rule made in accordance with Title 63G,
181b Chapter 3, Utah Administrative Rulemaking Act.
181c (b) The division shall ensure that the required education and training described in
181d Subsection (4)(a)(iv)(B) includes: »
182 º [(A)] (i) » at least 150 hours of education and training while º:
182a (A) » enrolled in a massage school
183 º using a » curriculum approved by the division º;» or º [while] » under the
183a direct supervision of a massage
184 therapist in good standing who has engaged in the lawful practice of massage therapy for at
185 least 6,000 hours º and in accordance with a curriculum approved by the division » ; and
186 º [(B)] (ii) » at least 150 hours of education and training under the indirect supervision
186a of an
187 individual described in Subsections 58-47b-102(5)(a) through (f).
188 (5) (a) Each applicant for licensure as a massage assistant in-training shall:
189 (i) submit an application in a form prescribed by the division;
190 (ii) pay a fee determined by the department in accordance with Section 63J-1-504;
191 (iii) be 18 years old or older; and
192 (iv) provide satisfactory evidence to the division that the individual will practice as a
193 massage assistant in-training to satisfy the requirements of º [Subsections (4)(d)(ii)(A) and (B)]
193a Subsection (4)(a)(iv)(B) »
194 during a training period of no more than six months.
195 º [(b) After an individual licensed as a massage assistant in-training completes the
196 training described in Subsections (4)(d)(ii)(A) and (B) during the individual's training period,
197 the division shall issue to the individual a license for a massage assistant.]
197a (b) The division shall issue to an individual licensed as a massage assistant in-training a
197b license for a massage assistant if:
197c (i) the individual completes the education and training described in Subsection
197d (4)(a)(iv)(B); and
197e (ii) passes the examination described in Subsection (4)(a)(v). »
198 (6) (a) A massage therapist may supervise at one time up to six individuals licensed as
199 a massage apprentice or massage assistant in-training.
200 (b) An individual described in Subsections 58-47b-102(5)(a) through (f) may supervise
201 at one time up to six individuals licensed as a massage assistant.
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202 [(4)] (7) (a) [Any] Each new massage therapist [or], massage apprentice, massage
203 assistant, or massage assistant in-training applicant shall submit fingerprint cards in a form
204 acceptable to the division at the time the license application is filed and shall consent to a
205 fingerprint background check by the Utah Bureau of Criminal Identification and the Federal
206 Bureau of Investigation regarding the application.
207 (b) The division shall request the Department of Public Safety to complete a Federal
208 Bureau of Investigation criminal background check for each new massage therapist [or],
209 massage apprentice, massage assistant, or massage assistant in-training applicant through the
210 national criminal history system (NCIC) or any successor system.
211 (c) The cost of the background check and the fingerprinting shall be borne by the
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212 applicant.
213 [(5)] (8) (a) [Any] A new massage therapist [or], massage apprentice, massage
214 assistant, or massage assistant in-training license issued under this section shall be conditional,
215 pending completion of the criminal background check. If the criminal background check
216 discloses the applicant has failed to accurately disclose a criminal history, the license shall be
217 immediately and automatically revoked.
218 (b) [Any] A person whose conditional license has been revoked under Subsection [(5)]
219 (8)(a) shall be entitled to a post-revocation hearing to challenge the revocation. The hearing
220 shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
221 [(6)] (9) An applicant who successfully completes a fingerprint background check
222 under Subsection [(4)] (7) may not be required by any other state or local government body to
223 submit to a second fingerprint background check as a condition of lawfully practicing massage