H.B. 18 Massage Therapy Practice Act Amendments
Bill Sponsor: ![]() Rep. Roberts, Marc K. | Floor Sponsor: ![]() Sen. Harper, Wayne A. |
- Drafting Attorney: Peter Asplund
- Fiscal Analyst: Andrea Wilko
- Bill Text
- Introduced
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 22 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 098
- Committee Note: The Business and Labor Interim Committee recommended this bill. (12-0-7)
The Occupational and Professional Licensure Review Committee recommended this bill. (7-0-2)
- Sections Affected
Enrolled
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H.B. 18
1 MASSAGE THERAPY PRACTICE ACT AMENDMENTS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Marc K. Roberts
5Senate Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill modifies exemptions from licensure in the Massage Therapy Practice Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ exempts a bowenwork practitioner from being required to be licensed as a massage
13 therapist;
14 ▸ amends provisions related to reflexology and foot zone therapy; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 58-47b-304, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
23 amended by Coordination Clause, Laws of Utah 2014, Chapter 330
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-47b-304 is amended to read:
27 58-47b-304. Exemptions from licensure.
28 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
29 individuals may engage in the practice of massage therapy as defined under this chapter,
30 subject to the stated circumstances and limitations, without being licensed, but may not
31 represent themselves as a massage therapist or massage apprentice:
32 (a) a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
33 Act;
34 (b) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
35 Chapter 44a, Nurse Midwife Practice Act;
36 (c) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
37 Act;
38 (d) a physical therapist assistant licensed under Title 58, Chapter 24b, Physical Therapy
39 Practice Act, while under the general supervision of a physical therapist;
40 (e) an osteopathic physician or surgeon licensed under Title 58, Chapter 68, Utah
41 Osteopathic Medical Practice Act;
42 (f) a chiropractic physician licensed under Title 58, Chapter 73, Chiropractic Physician
43 Practice Act;
44 (g) a hospital staff member employed by a hospital, who practices massage as part of
45 the staff member's responsibilities;
46 (h) an athletic trainer licensed under Title 58, Chapter 40a, Athletic Trainer Licensing
47 Act;
48 (i) a student in training enrolled in a massage therapy school approved by the division;
49 (j) a naturopathic physician licensed under Title 58, Chapter 71, Naturopathic Physician
50 Practice Act;
51 (k) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
52 Therapy Practice Act;
53 (l) an individual performing gratuitous massage; and
54 (m) an individual:
55 (i) certified by or through, and in good standing with, an industry organization that is
56 recognized by the division[,] and that represents a profession with established standards and
57 ethics[;]:
58 [(ii) (A) who limits the manipulation of the soft tissues of the body to the hands, feet,
59and outer ears only, including the practice of reflexology and foot zone therapy; or]
60 (A) who is certified to practice reflexology and whose practice is limited to the scope
61 of practice of reflexology;
62 (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
63 whose practice is limited to the scope of practice for which the individual is certified;
64 [(B)] (C) who is certified to practice ortho-bionomy and whose practice is limited to
65 the scope of practice of ortho-bionomy; or
66 (D) who is certified to practice bowenwork and whose practice is limited to the scope
67 of practice of bowenwork;
68 [(iii)] (ii) whose clients remain fully clothed from the shoulders to the knees; and
69 [(iv)] (iii) whose clients do not receive gratuitous massage from the individual.
70 (2) This chapter may not be construed to authorize any individual licensed under this
71 chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
72 (3) This chapter may not be construed to:
73 (a) require insurance coverage or reimbursement for massage therapy from third party
74 payors; or
75 (b) prevent an insurance carrier from offering coverage for massage therapy.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies exemptions from licensure in the Massage Therapy Practice Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ exempts a bowenwork practitioner from being required to be licensed as a massage
13 therapist;
14 ▸ amends provisions related to reflexology and foot zone therapy; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 58-47b-304, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
23 amended by Coordination Clause, Laws of Utah 2014, Chapter 330
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-47b-304 is amended to read:
27 58-47b-304. Exemptions from licensure.
28 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
29 individuals may engage in the practice of massage therapy as defined under this chapter,
30 subject to the stated circumstances and limitations, without being licensed, but may not
31 represent themselves as a massage therapist or massage apprentice:
32 (a) a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
33 Act;
34 (b) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
35 Chapter 44a, Nurse Midwife Practice Act;
36 (c) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
37 Act;
38 (d) a physical therapist assistant licensed under Title 58, Chapter 24b, Physical Therapy
39 Practice Act, while under the general supervision of a physical therapist;
40 (e) an osteopathic physician or surgeon licensed under Title 58, Chapter 68, Utah
41 Osteopathic Medical Practice Act;
42 (f) a chiropractic physician licensed under Title 58, Chapter 73, Chiropractic Physician
43 Practice Act;
44 (g) a hospital staff member employed by a hospital, who practices massage as part of
45 the staff member's responsibilities;
46 (h) an athletic trainer licensed under Title 58, Chapter 40a, Athletic Trainer Licensing
47 Act;
48 (i) a student in training enrolled in a massage therapy school approved by the division;
49 (j) a naturopathic physician licensed under Title 58, Chapter 71, Naturopathic Physician
50 Practice Act;
51 (k) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
52 Therapy Practice Act;
53 (l) an individual performing gratuitous massage; and
54 (m) an individual:
55 (i) certified by or through, and in good standing with, an industry organization that is
56 recognized by the division[
57 ethics[
58 [
59
60 (A) who is certified to practice reflexology and whose practice is limited to the scope
61 of practice of reflexology;
62 (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
63 whose practice is limited to the scope of practice for which the individual is certified;
64 [
65 the scope of practice of ortho-bionomy; or
66 (D) who is certified to practice bowenwork and whose practice is limited to the scope
67 of practice of bowenwork;
68 [
69 [
70 (2) This chapter may not be construed to authorize any individual licensed under this
71 chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
72 (3) This chapter may not be construed to:
73 (a) require insurance coverage or reimbursement for massage therapy from third party
74 payors; or
75 (b) prevent an insurance carrier from offering coverage for massage therapy.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
12/18/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
12/18/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
12/18/2018 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
1/2/2019 | LFA/ fiscal note publicly available | Legislative Research and General Counsel | |
1/7/2019 | House/ received bill from Legislative Research | Clerk of the House | |
1/22/2019 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
1/28/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
1/28/2019 | House/ to standing committee | House Business and Labor Committee | |
1/30/2019 | House Comm - Favorable Recommendation | House Business and Labor Committee | 11 0 4 |
1/31/2019 (11:09:15 AM) | House/ committee report favorable | House Business and Labor Committee | |
1/31/2019 (11:09:16 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/1/2019 (11:43:11 AM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/1/2019 (11:47:24 AM) | House/ passed 3rd reading | Senate Secretary | 71 0 4 |
2/1/2019 (11:47:26 AM) | House/ to Senate | Senate Secretary | |
2/4/2019 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/4/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/5/2019 | Senate/ to standing committee | Senate Business and Labor Committee | |
2/5/2019 | Senate Comm - Favorable Recommendation | Senate Business and Labor Committee | 7 0 1 |
2/6/2019 (11:18:44 AM) | Senate/ committee report favorable | Senate Business and Labor Committee | |
2/6/2019 (11:18:45 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/13/2019 (3:15:28 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/13/2019 (3:17:34 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 26 0 3 |
2/14/2019 (11:44:38 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/14/2019 (11:46:28 AM) | Senate/ passed 3rd reading | Senate President | 29 0 0 |
2/14/2019 (11:46:29 AM) | Senate/ signed by President/ returned to House | House Speaker | |
2/14/2019 (11:46:30 AM) | Senate/ to House | House Speaker | |
2/14/2019 | House/ received from Senate | House Speaker | |
2/14/2019 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
2/19/2019 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
2/19/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/20/2019 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/20/2019 | House/ enrolled bill to Printing | Clerk of the House | |
3/20/2019 | House/ received enrolled bill from Printing | Clerk of the House | |
3/21/2019 | House/ received enrolled bill from Printing | Clerk of the House | |
3/21/2019 | House/ to Governor | Executive Branch - Governor | |
3/22/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings