First Substitute H.B. 147

Representative Katherine M. Bryson proposes to substitute the following bill:

1 MASSAGE PRACTICE ACT - CONSENT FOR
2 CHILDREN
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Katherine M. Bryson
6 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; MAKING IT UNLAWFUL
7 FOR A MASSAGE THERAPIST OR APPRENTICE TO PERFORM MASSAGE THERAPY ON
8 A MINOR WITHOUT PARENTAL CONSENT; AND MAKING TECHNICAL AND
9 CONFORMING AMENDMENTS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 58-47b-102, as last amended by Chapter 159, Laws of Utah 1998
13 58-47b-501, as last amended by Chapter 159, Laws of Utah 1998
14 58-47b-503, as enacted by Chapter 76, Laws of Utah 1996
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 58-47b-102 is amended to read:
17 58-47b-102. Definitions.
18 In addition to the definitions in Section 58-1-102 , as used in this chapter:
19 (1) "Board" means the Utah Board of Massage Therapy created in Section 58-47b-201 .
20 (2) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
21 system.
22 (3) "Massage apprentice" means an individual licensed under this chapter as a massage
23 apprentice to work under the direct supervision of a licensed massage technician.
24 (4) "Massage therapist" means an individual licensed under this chapter as a massage
25 therapist.

26 (5) "Minor" means a person under the age of 18 who:
27 (a) is not married; and
28 (b) has not been declared emancipated by a court of law.
29 [(5)] (6) "Practice of massage therapy" means:
30 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
31 for the purpose of devising a treatment plan to promote homeostasis;
32 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for the
33 therapeutic purpose of:
34 (i) promoting the health and well-being of a client;
35 (ii) enhancing the circulation of the blood and lymph;
36 (iii) relaxing and lengthening muscles;
37 (iv) relieving pain;
38 (v) restoring metabolic balance; and
39 (vi) achieving homeostasis;
40 (c) the use of the hands or a mechanical or electrical apparatus pursuant to Subsection
41 (6)(b);
42 (d) the use of rehabilitative procedures involving the soft tissue of the body;
43 (e) range of motion or movements without spinal adjustment as set forth in Section
44 58-73-102 ;
45 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
46 baths;
47 (g) manual traction and stretching exercise;
48 (h) correction of muscular distortion by treatment of the soft tissues of the body;
49 (i) counseling, education, and other advisory services to reduce the incidence and severity
50 of physical disability, movement dysfunction, and pain; and
51 (j) similar or related activities and modality techniques.
52 [(6)] (7) "Soft tissue" means the muscles and related connective tissue.
53 [(7)] (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
54 [(8)] (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and
55 as may be further defined by division rule.
56 Section 2. Section 58-47b-501 is amended to read:

57 58-47b-501. Unlawful conduct.
58 "Unlawful conduct" includes:
59 (1) practicing, engaging in, or attempting to practice or engage in massage therapy without
60 holding a current license as a massage therapist or a massage apprentice under this chapter;
61 (2) advertising or representing himself as practicing massage therapy when not licensed
62 to do so; and
63 (3) massaging, touching, or applying any instrument or device [to the following areas of
64 the body] by a licensee in the course of practicing or engaging in massage therapy to:
65 (a) the genitals or anus of a patron; [and]
66 (b) the breasts of a female patron[, except in cases in which the female patron states to a
67 licensee that the patron requests breast massage and signs a written consent form authorizing the
68 licensee to perform breast massage before the procedure.]; and
69 (c) a patron who is a minor unless the licensee secured the written consent of the minor's
70 parent, legal guardian, or other adult who is responsible for the minor.
71 Section 3. Section 58-47b-503 is amended to read:
72 58-47b-503. Penalties.
73 (1) Each violation of this chapter, other than a violation of Section 58-47b-501 , is a class
74 B misdemeanor.
75 (2) [Any] Unless Subsection (3) applies, an individual who commits an act of unlawful
76 conduct under Section 58-47b-501 is guilty of a class A misdemeanor.
77 (3) Sexual conduct that violates Section 58-47b-501 and Title 76, Criminal Code, shall be
78 subject to the applicable penalties in Title 76.