1     
MASSAGE THERAPY PRACTICE ACT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     Committee Note:
9          The Occupational and Professional Licensure Review Committee recommended this
10     bill.
11          The Business and Labor Interim Committee recommended this bill.
12     General Description:
13          This bill modifies exemptions from licensure in the Massage Therapy Practice Act.
14     Highlighted Provisions:
15          This bill:
16          ▸     exempts a bowenwork practitioner from being required to be licensed as a massage
17     therapist;
18          ▸     amends provisions related to reflexology and foot zone therapy; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          58-47b-304, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
27     amended by Coordination Clause, Laws of Utah 2014, Chapter 330
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 58-47b-304 is amended to read:
31          58-47b-304. Exemptions from licensure.
32          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
33     individuals may engage in the practice of massage therapy as defined under this chapter,
34     subject to the stated circumstances and limitations, without being licensed, but may not
35     represent themselves as a massage therapist or massage apprentice:
36          (a) a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
37     Act;
38          (b) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
39     Chapter 44a, Nurse Midwife Practice Act;
40          (c) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
41     Act;
42          (d) a physical therapist assistant licensed under Title 58, Chapter 24b, Physical Therapy
43     Practice Act, while under the general supervision of a physical therapist;
44          (e) an osteopathic physician or surgeon licensed under Title 58, Chapter 68, Utah
45     Osteopathic Medical Practice Act;
46          (f) a chiropractic physician licensed under Title 58, Chapter 73, Chiropractic Physician
47     Practice Act;
48          (g) a hospital staff member employed by a hospital, who practices massage as part of
49     the staff member's responsibilities;
50          (h) an athletic trainer licensed under Title 58, Chapter 40a, Athletic Trainer Licensing
51     Act;
52          (i) a student in training enrolled in a massage therapy school approved by the division;
53          (j) a naturopathic physician licensed under Title 58, Chapter 71, Naturopathic Physician
54     Practice Act;
55          (k) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
56     Therapy Practice Act;
57          (l) an individual performing gratuitous massage; and
58          (m) an individual:
59          (i) certified by or through, and in good standing with, an industry organization that is
60     recognized by the division[,] and that represents a profession with established standards and
61     ethics[;]:
62          [(ii) (A) who limits the manipulation of the soft tissues of the body to the hands, feet,
63     and outer ears only, including the practice of reflexology and foot zone therapy; or]
64          (A) who is certified to practice reflexology and whose practice is limited to the scope
65     of practice of reflexology;
66          (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
67     whose practice is limited to the scope of practice for which the individual is certified;
68          [(B)] (C) who is certified to practice ortho-bionomy and whose practice is limited to
69     the scope of practice of ortho-bionomy; or
70          (D) who is certified to practice bowenwork and whose practice is limited to the scope
71     of practice of bowenwork;
72          [(iii)] (ii) whose clients remain fully clothed from the shoulders to the knees; and
73          [(iv)] (iii) whose clients do not receive gratuitous massage from the individual.
74          (2) This chapter may not be construed to authorize any individual licensed under this
75     chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
76          (3) This chapter may not be construed to:
77          (a) require insurance coverage or reimbursement for massage therapy from third party
78     payors; or
79          (b) prevent an insurance carrier from offering coverage for massage therapy.