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



  • 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)


H.B. 18

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     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,
59     and 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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
12/18/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
12/18/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
12/18/2018 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
1/2/2019 LFA/ fiscal note publicly availableLegislative Research and General Counsel
1/7/2019 House/ received bill from Legislative ResearchClerk of the House
1/22/2019 House/ received fiscal note from Fiscal AnalystClerk of the House
1/28/2019 House/ 1st reading (Introduced)House Rules Committee
1/28/2019 House/ to standing committeeHouse Business and Labor Committee
1/30/2019 House Comm - Favorable RecommendationHouse Business and Labor Committee11 0 4
1/31/2019 (11:09:15 AM)House/ committee report favorableHouse Business and Labor Committee
1/31/2019 (11:09:16 AM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/1/2019 (11:43:11 AM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
2/1/2019 (11:47:24 AM)House/ passed 3rd readingSenate Secretary71 0 4
2/1/2019 (11:47:26 AM)House/ to SenateSenate Secretary
2/4/2019 Senate/ received from HouseWaiting for Introduction in the Senate
2/4/2019 Senate/ 1st reading (Introduced)Senate Rules Committee
2/5/2019 Senate/ to standing committeeSenate Business and Labor Committee
2/5/2019 Senate Comm - Favorable RecommendationSenate Business and Labor Committee7 0 1
2/6/2019 (11:18:44 AM)Senate/ committee report favorableSenate Business and Labor Committee
2/6/2019 (11:18:45 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
2/13/2019 (3:15:28 PM)Senate/ 2nd readingSenate 2nd Reading Calendar
2/13/2019 (3:17:34 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar26 0 3
2/14/2019 (11:44:38 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
2/14/2019 (11:46:28 AM)Senate/ passed 3rd readingSenate President29 0 0
2/14/2019 (11:46:29 AM)Senate/ signed by President/ returned to HouseHouse Speaker
2/14/2019 (11:46:30 AM)Senate/ to HouseHouse Speaker
2/14/2019 House/ received from SenateHouse Speaker
2/14/2019 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
2/19/2019 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
2/19/2019 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/20/2019 Enrolled Bill Returned to House or SenateClerk of the House
3/20/2019 House/ enrolled bill to PrintingClerk of the House
3/20/2019 House/ received enrolled bill from PrintingClerk of the House
3/21/2019 House/ received enrolled bill from PrintingClerk of the House
3/21/2019 House/ to GovernorExecutive Branch - Governor
3/22/2019 Governor SignedLieutenant Governor's office for filing