This document includes House Floor Amendments incorporated into the bill on Thu, Mar 4, 2021 at 5:55 PM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill modifies exemptions from licensure provisions in the Massage Therapy
10 Practices Act.
11 Highlighted Provisions:
12 This bill:
12a Ĥ→ ▸ exempts a licensed occupational therapy assistant from being licensed as a
12b massage therapist; ←Ĥ
13 ▸ exempts a brain integration practitioner from being licensed as a massage therapist;
14 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 2019, Chapters 98 and 349
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-47b-304 is amended to read:
26 58-47b-304. Exemptions from licensure.
27 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
28 individuals may engage in the practice of massage therapy as defined under this chapter,
29 subject to the stated circumstances and limitations, without being licensed, but may not
30 represent themselves as a massage therapist or massage apprentice:
31 (a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act;
32 (b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
33 (c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a,
34 Nurse Midwife Practice Act;
35 (d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
36 (e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice
37 Act, while under the general supervision of a physical therapist;
38 (f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic
39 Medical Practice Act;
40 (g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
41 Act;
42 (h) a hospital staff member employed by a hospital, who practices massage as part of
43 the staff member's responsibilities;
44 (i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act;
45 (j) a student in training enrolled in a massage therapy school approved by the division;
46 (k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician
47 Practice Act;
48 (l) Ĥ→ (i) ←Ĥ an occupational therapist licensed under Chapter 42a, Occupational Therapy
49 Practice Act; Ĥ→ and
49a (ii) an occupational therapy assistant licensed under Chapter 42a, Occupational
49b Therapy Practice Act, while under the general supervision of an occupational therapist; ←Ĥ
50 (m) an individual performing gratuitous massage; and
51 (n) an individual:
52 (i) certified by or through, and in good standing with, an industry organization that is
53 recognized by the division and that represents a profession with established standards and
54 ethics:
55 (A) who is certified to practice reflexology and whose practice is limited to the scope
56 of practice of reflexology;
57 (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
58 whose practice is limited to the scope of practice for which the individual is certified;
59 (C) who is certified to practice ortho-bionomy and whose practice is limited to the
60 scope of practice of ortho-bionomy; [
61 (D) who is certified to practice bowenwork and whose practice is limited to the scope
62 of practice of bowenwork; or
63 (E) who is certified to practice a type of brain integration and whose practice is limited
64 to the scope of practice for which the individual is certified;
65 (ii) whose clients remain fully clothed from the shoulders to the knees; and
66 (iii) whose clients do not receive gratuitous massage from the individual.
67 (2) This chapter may not be construed to authorize any individual licensed under this
68 chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
69 (3) This chapter may not be construed to:
70 (a) require insurance coverage or reimbursement for massage therapy from third party
71 payors; or
72 (b) prevent an insurance carrier from offering coverage for massage therapy.