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First Substitute S.B. 28

Senator R. Mont Evans proposes to substitute the following bill:


1    
MASSAGE PRACTICE ACT AMENDMENTS

2    
1998 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: R. Mont Evans

5    AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE SCOPE
6    OF PRACTICE FOR MASSAGE THERAPY; ADDING EXEMPTIONS TO LICENSURE;
7    GRANDFATHERING LYMPHATIC MASSAGE PRACTITIONERS; AMENDING THE
8    DEFINITIONS OF UNLAWFUL CONDUCT AND UNPROFESSIONAL CONDUCT;
9    MAKING CONFORMING AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         58-47b-101, as enacted by Chapter 76, Laws of Utah 1996
13         58-47b-102, as enacted by Chapter 76, Laws of Utah 1996
14         58-47b-201, as enacted by Chapter 76, Laws of Utah 1996
15         58-47b-301, as enacted by Chapter 76, Laws of Utah 1996
16         58-47b-302, as enacted by Chapter 76, Laws of Utah 1996
17         58-47b-304, as last amended by Chapter 10, Laws of Utah 1997
18         58-47b-305, as enacted by Chapter 76, Laws of Utah 1996
19         58-47b-501, as enacted by Chapter 76, Laws of Utah 1996
20         58-47b-502, as enacted by Chapter 76, Laws of Utah 1996
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 58-47b-101 is amended to read:
23         58-47b-101. Title.
24        This chapter is known as the "Massage Therapy Practice Act."
25        Section 2. Section 58-47b-102 is amended to read:


1         58-47b-102. Definitions.
2        In addition to the definitions in Section 58-1-102, as used in this chapter:
3        (1) "Board" means the Utah Board of Massage Therapy created in Section 58-47b-201.
4        [(2) "Massage" means the practice whereby an individual:]
5        [(a) (i) represents himself as a massage technician or massage apprentice;]
6        [(ii) represents himself as providing massage services using the word massage or any other
7    word to describe the massage services;]
8        [(iii) teaches massage; or]
9        [(iv) charges or receives a fee or any consideration for providing massage services; and]
10        [(b) while carrying out any act under Subsection (2)(a), either by the hands or with a
11    mechanical or electrical apparatus administers to another person:]
12        [(i) effleurage or stroking, friction or rubbing, petrissage or kneading, tapotement or
13    percussion, vibration, shaking, or trembling, or variations of these;]
14        [(ii) the use of rehabilitative procedures involving the muscles by nonintrusive means and
15    without spinal manipulation; or]
16        [(iii) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, or cabinet
17    baths.]
18        (2) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
19    system.
20        (3) "Massage apprentice" means an individual licensed under this chapter as a massage
21    apprentice to work under the direct supervision of a licensed massage technician.
22        (4) "Massage [technician] therapist" means an individual [who is] licensed under this
23    chapter as a massage technician.
24        (5) "Practice of massage therapy" means h [ S , IN ACCORDANCE WITH DIVISION RULE
24a     ESTABLISHED IN COLLABORATION WITH THE BOARD s
] h
:
25        (a) the examination, assessment, S [ measurement, ] s and evaluation of the soft tissue
25a    structures
26    of the body for the purpose of devising a treatment plan to promote homeostasis;
27        (b) the systematic manual or mechanical manipulation of the soft tissue of the body for
28    the therapeutic purpose of:
29        (i) promoting the health and well-being of a client;

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Amend on 2_goldenrod February 10, 1998
30        (ii) enhancing the circulation of the blood and lymph;
31        (iii) relaxing and lengthening muscles;
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lilac-February 20, 1998


1        (iv) relieving pain;
2        (v) restoring metabolic balance; and
3        (vi) achieving S [ physical and mental ] s homeostasis;
4        (c) the use of the hands or a mechanical or electrical apparatus;
5        (d) the use of rehabilitative procedures involving the soft tissue of body;
6        (e) range of motion or movements without spinal adjustment S AS SET FORTH IN SECTION
6a     58-73-102 s ;
7        (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
8    baths;
9        (g) manual traction and stretching exercise;
10        (h) correction of muscular distortion S [ , body mechanics, and gait ] s by treatment of the soft
11    tissues of the body;
12        (i) counseling, education, and other advisory services to reduce the incidence and severity
13    of physical disability, movement dysfunction, and pain; and
14        (j) similar or related activities S [,] AND MODALITY s techniques S [ , and modalities ] s .
15        (6) "Soft tissue" means the muscles and related connective tissue.
16        [(5)] (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501.
17        [(6)] (8) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and
18    as may be further defined by division rule.
19        Section 3. Section 58-47b-201 is amended to read:
20         58-47b-201. Board.
21        (1) There is created the Board of Massage Therapy consisting of:
22        (a) four massage [technicians] therapists; and
23        (b) one member of the general public.
24        (2) The board shall be appointed and serve in accordance with Section 58-1-201.
25        (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
26    and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating
27    basis to:
28        (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
29    conduct of a licensee; and
30        (b) advise the division in its investigation of these complaints.

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Amend on 2_goldenrod February 10, 1998
31        (4) A board member who has, under Subsection (3), reviewed a complaint or advised in

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1    its investigation may be disqualified from participating with the board when the board serves as
2    a presiding officer in an adjudicative proceeding concerning the complaint.
3        Section 4. Section 58-47b-301 is amended to read:
4         58-47b-301. Licensure required.
5        (1) An individual shall hold a license issued under this chapter in order to engage in the
6    practice of massage therapy, except as specifically provided in Section 58-1-307 or 58-47b-304.
7        (2) An individual shall have a license in order to:
8        (a) represent himself as a massage [technician] therapist or massage apprentice;
9        (b) represents himself as providing a service that is within the practice of massage therapy
10    or uses the word massage or any other word to describe such services; or
11        (c) charges or receives a fee or any consideration for providing a service that is within the
12    practice of massage therapy.
13        Section 5. Section 58-47b-302 is amended to read:
14         58-47b-302. License classifications -- Qualifications for licensure.
15        (1) The division shall issue licenses under this chapter in the classifications of:
16        (a) massage [technician] therapist; and
17        (b) massage apprentice.
18        (2) Each applicant for licensure as a massage [technician] therapist shall:
19        (a) submit an application in a form prescribed by the division;
20        (b) pay a fee determined by the department under Section 63-38-3.2;
21        (c) be of good moral character;
22        (d) have either:
23        (i) (A) graduated from a school of massage having a curriculum which meets standards
24    established by division rule made in collaboration with the board, which may not exceed 1,000
25    hours; or [have]
26        (B) completed equivalent education and training in compliance with division rule; or
27        (ii) completed a massage apprenticeship program consisting of a minimum of 1,000 hours
28    of supervised training over a minimum of 12 months and in [content in] accordance with standards
29    established by the division by rule made in collaboration with the board; and
30        (e) [have passed] pass examinations established by rule by the division in collaboration
31    with the board.

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1        (3) Each applicant for licensure as a massage apprentice shall:
2        (a) submit an application in a form prescribed by the division;
3        (b) pay a fee determined by the department under Section 63-38-3.2;
4        (c) be of good moral character;
5        (d) provide satisfactory evidence to the division that the individual will practice as a
6    massage apprentice only under the direct supervision of a licensed massage [technician] therapist
7    in good standing and who has engaged in the lawful practice of massage therapy as a licensed
8    massage [technician] therapist for not less than 6,000 hours; and
9        (e) successfully complete an examination as required by division rule.
10        (4) A person who qualified for the exemption to engage in lymphatic massage prior to July
11    1, 1998, may be licensed as a massage therapist by satisfying the requirements of Subsection
12    (2)(a), (b), and (c) before January 1, 1999.
13        Section 6. Section 58-47b-304 is amended to read:
14         58-47b-304. Exemptions from licensure.
15        (1) In addition to the exemptions from licensure in Section 58-1-307, the following
16    individuals may engage in the practice of massage therapy as defined under this chapter, subject
17    to the stated circumstances and limitations, without being licensed, but may not represent
18    themselves as a massage [technician] therapist or massage apprentice:
19        (a) physicians and surgeons licensed under Title 58, Chapter [12] 67, [Part 5,] Utah
20    Medical Practice Act;
21        (b) nurses licensed under Title 58, Chapter 31, Nurse Practice Act, or under Title 58,
22    Chapter 44a, Nurse Midwife Practice Act;
23        (c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice
24    Act;
25        (d) [osteopaths] osteopathic physicians and surgeons licensed under Title 58, Chapter [12]
26    68, [Part 1,] Utah Osteopathic [Medicine Licensing] Medical Practice Act;
27        (e) chiropractors licensed under Title 58, Chapter 73, Chiropractic Physician Practice Act;
28        (f) hospital staff members employed by a hospital who practice massage as part of their
29    responsibilities;
30        (g) athletic trainers who practice massage as part of their responsibilities while employed
31    by an educational institution or an athletic team that participates in organized sports competition;

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1        (h) students in training enrolled in a massage therapy school approved by the division;
2    [and]
3        (i) until January 1, 1999, individuals engaging in lymphatic massage and who meet
4    training standards as defined by division rule[.]; S [ and ] s
5        (j) naturopathic physicians licensed under Title 58, Chapter 71, Naturopathic Physician
6    Practice Act S [ . ] ; [ AND ]
6a         (k) OCCUPATIONAL THERAPIST LICENSED UNDER CHAPTER 42a, OCCUPATIONAL THERAPY
6b     PRACTICE ACT [ . ] ; AND
6c         (l) PERSONS PERFORMING GRATUITOUS MASSAGE. s
7        (2) This chapter may not be construed to authorize any individual licensed [as a massage
8    technician] under this chapter to engage in any manner in the practice of medicine as defined by
9    the laws of this state.
10        (3) This chapter may not be construed to:
11        (a) create or require insurance coverage or reimbursement for massage therapy from third
12    party payors if this type of coverage did not exist on or before February 15, 1990; or
13        (b) prevent any insurance carrier from offering coverage for massage therapy.
14        Section 7. Section 58-47b-305 is amended to read:
15         58-47b-305. State and local jurisdiction.
16        (1) (a) The division is the only agency authorized to license individuals to practice
17    massage therapy within the state or any of its political subdivisions.
18        (b) This chapter does not prevent any political subdivision of the state from enacting:
19        (i) ordinances governing the operation of establishments offering massages; or
20        (ii) ordinances regulating the practice of massage therapy, if the ordinances are not less
21    stringent than this chapter.
22        (2) This chapter does not prohibit any political subdivision of the state from prosecuting
23    unlicensed individuals engaged in the practice of massage therapy or from prosecuting licensed
24    individuals who are engaged in unlawful conduct.
25        Section 8. Section 58-47b-501 is amended to read:
26         58-47b-501. Unlawful conduct.
27        "Unlawful conduct" includes:
28        (1) practicing, engaging in, or attempting to practice or engage in massage therapy without
29    holding a current license as a massage [technician] therapist or a massage apprentice under this
30    chapter;

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Amended on 3_February 13, 1998

Amend on 2_goldenrod February 10, 1998
31        (2) advertising or representing himself as practicing massage therapy when not licensed

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1    to do so; and
2        (3) massaging, touching, or applying any instrument or device to the following areas of
3    the body:
4        [(i)] (a) genitals or [the] anus; and
5        [(ii)] (b) breasts of a female patron, except in cases in which the female patron states to
6    a licensee that the patron requests breast massage and signs a written consent form authorizing the
7    licensee to perform breast massage before the procedure.
8        Section 9. Section 58-47b-502 is amended to read:
9         58-47b-502. Unprofessional conduct.
10        "Unprofessional conduct" includes the following and may be further defined by division
11    rule:
12        (1) maintaining, operating, or assisting in the establishment or operation of any place of
13    business for the purpose of performing massage without first obtaining a business license, if a
14    license is required; [and]
15        (2) failing to comply with any applicable ordinances relating to the regulation of massage
16    establishment;
17        (3) failing to comply with all applicable state and local health or sanitation codes;
18        (4) failing to properly supervise an apprentice;
19        (5) failing to maintain mechanical or electrical equipment in a safe operating condition;
20        (6) failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or water
21    baths; [or]
22        (7) prescribing or administering medicine or drugs;
23        (8) engaging in any act or practice in a professional capacity that is outside of the practice
24    of massage therapy; and
25        (9) engaging in any act or practice in a professional capacity for which the licensee is not
26    competent to perform through training or experience.
27        Section 10. Effective date.
28        This act takes effect on July 1, 1998.

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