This document includes House Floor Amendments incorporated into the bill on Fri, Mar 4, 2022 at 6:13 PM by lfindlay.
Representative Candice B. Pierucci proposes the following substitute bill:


1     
MASSAGE THERAPY PRACTICE ACT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Candice B. Pierucci

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Massage Therapy Practice Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates a license classification for:
14               •     a massage assistant; and
15               •     a massage assistant in-training;
16          ▸     establishes the qualifications and scope of practice for a massage assistant and a
17     massage assistant in-training;
18          ▸     modifies massage therapist exam requirements;
19          ▸     allows a massage therapist to supervise at one time up to six individuals licensed as
20     a massage apprentice or massage assistant in-training;
21          ▸     allows certain licensed individuals to supervise at one time up to six individuals
22     licensed as a massage assistant;
23          ▸     requires Ĥ→ [a massage business that employs] certain signage and disclosures when
23a     ←Ĥ a massage assistant or massage assistant
24     in-training Ĥ→ [to display certain signage] provides a massage service ←Ĥ ; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          58-47b-102, as last amended by Laws of Utah 2012, Chapter 34
33          58-47b-301, as last amended by Laws of Utah 2013, Chapter 278
34          58-47b-302, as last amended by Laws of Utah 2020, Chapter 339
35          58-47b-303, as enacted by Laws of Utah 1996, Chapter 76
36          58-47b-304, as last amended by Laws of Utah 2021, Chapter 403
37          58-47b-305, as last amended by Laws of Utah 1998, Chapter 159
38          58-47b-501, as last amended by Laws of Utah 2018, Chapter 318
39          58-47b-502, as last amended by Laws of Utah 1998, Chapter 159
40     ENACTS:
41          58-47b-306, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 58-47b-102 is amended to read:
45          58-47b-102. Definitions.
46          In addition to the definitions in Section 58-1-102, as used in this chapter:
47          (1) "Board" means the Board of Massage Therapy created in Section 58-47b-201.
48          (2) "Breast" means the female mammary gland and does not include the muscles,
49     connective tissue, or other soft tissue of the upper chest.
50          (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
51     muscular system.
52          (4) "Massage apprentice" means an individual licensed under this chapter as a massage
53     apprentice to work under the direct supervision of a licensed massage therapist.
54          (5) "Massage assistant" means an individual licensed under this chapter as a massage
55     assistant to engage in the practice of limited massage therapy while working under the indirect
56     supervision of:
57          (a) a massage therapist who has:
58          (i) at least three years of experience as a licensee; and
59          (ii) engaged in the lawful practice of massage therapy for at least 3,000 hours;
60          (b) a physician licensed under Chapter 67, Utah Medical Practice Act;
61          (c) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical
62     Practice Act;
63          (d) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
64     Act;
65          (e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
66          (f) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act.
67          (6) "Massage assistant in-training" means an individual licensed under this chapter as a
68     massage assistant in-training to engage in the practice of limited massage therapy.
69          [(5)] (7) "Massage therapist" means an individual licensed under this chapter as a
70     massage therapist.
71          (8) "Practice of limited massage therapy" means:
72          (a) the systematic manual manipulation of the soft tissue of the body for the purpose
73     of:
74          (i) promoting the therapeutic health and well-being of a client;
75          (ii) enhancing the circulation of the blood and lymph;
76          (iii) relaxing and lengthening muscles;
77          (iv) relieving pain;
78          (v) restoring metabolic balance;
79          (vi) achieving homeostasis; or
80          (vii) other purposes;
81          (b) seated chair massage;
82          (c) body wraps;
83          (d) aromatherapy;
84          (e) reflexology; or
85          (f) in connection with an activity described in this Subsection (8) the use of:
86          (i) the hands;
87          (ii) a towel;
88          (iii) a stone;
89          (iv) a shell;
90          (v) a bamboo stick; or
91          (vi) an herbal ball compress.
92          [(6)] (9) "Practice of massage therapy" means:
93          (a) the examination, assessment, and evaluation of the soft tissue structures of the body
94     for the purpose of devising a treatment plan to promote homeostasis;
95          (b) the systematic manual or mechanical manipulation of the soft tissue of the body for
96     the purpose of:
97          (i) promoting the therapeutic health and well-being of a client;
98          (ii) enhancing the circulation of the blood and lymph;
99          (iii) relaxing and lengthening muscles;
100          (iv) relieving pain;
101          (v) restoring metabolic balance;
102          (vi) achieving homeostasis; or
103          (vii) other purposes;
104          (c) the use of the hands or a mechanical or electrical apparatus in connection with this
105     Subsection [(6)] (9);
106          (d) the use of rehabilitative procedures involving the soft tissue of the body;
107          (e) range of motion or movements without spinal adjustment as set forth in Section
108     58-73-102;
109          (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and
110     cabinet baths;
111          (g) manual traction and stretching exercise;
112          (h) correction of muscular distortion by treatment of the soft tissues of the body;
113          (i) counseling, education, and other advisory services to reduce the incidence and
114     severity of physical disability, movement dysfunction, and pain;
115          (j) similar or related activities and modality techniques;
116          (k) the practice described in this Subsection [(6)] (9) on an animal to the extent
117     permitted by:
118          (i) Subsection 58-28-307(12);
119          (ii) the provisions of this chapter; and
120          (iii) division rule; or
121          (l) providing, offering, or advertising a paid service using the term massage or a
122     derivative of the word massage, regardless of whether the service includes physical contact.
123          [(7)] (10) "Soft tissue" means the muscles and related connective tissue.
124          [(8)] (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501.
125          [(9)] (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502
126     and as may be further defined by division rule.
127          Section 2. Section 58-47b-301 is amended to read:
128          58-47b-301. Licensure required.
129          (1) An individual shall hold a license issued under this chapter in order to engage in the
130     practice of massage therapy or the practice of limited massage therapy, except as specifically
131     provided in Section 58-1-307 or 58-47b-304.
132          (2) An individual shall have a license in order to:
133          (a) represent [himself] oneself as a massage therapist [or], massage apprentice,
134     massage assistant, or massage assistant in-training;
135          (b) represent [himself] oneself as providing a service that is within the practice of
136     massage therapy or the practice of limited massage therapy or use the word massage or any
137     other word to describe [such] the services; or
138          (c) charge or receive a fee or any consideration for providing a service that is within the
139     practice of massage therapy or the practice of limited massage therapy.
140          Section 3. Section 58-47b-302 is amended to read:
141          58-47b-302. License classifications -- Qualifications for licensure.
142          (1) The division shall issue licenses under this chapter in the classifications of:
143          (a) massage therapist; [and]
144          (b) massage apprentice[.];
145          (c) massage assistant; and
146          (d) massage assistant in-training.
147          (2) Each applicant for licensure as a massage therapist shall:
148          (a) submit an application in a form prescribed by the division;
149          (b) pay a fee determined by the department under Section 63J-1-504;
150          (c) be 18 years [of age] old or older;
151          (d) have either:
152          (i) (A) graduated from a school of massage having a curriculum which meets standards
153     established by division rule made in collaboration with the board; or
154          (B) completed equivalent education and training in compliance with division rule; or
155          (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
156     hours of supervised training over a minimum of 12 months and in accordance with standards
157     established by the division by rule made in collaboration with the board; and
158          (e) pass [examinations]:
159          (i) the Federation of State Massage Therapy Boards Massage and Bodywork Licensing
160     Examination; or
161          (ii) any other examination established by rule by the division in collaboration with the
162     board.
163          (3) Each applicant for licensure as a massage apprentice shall:
164          (a) submit an application in a form prescribed by the division;
165          (b) pay a fee determined by the department under Section 63J-1-504;
166          (c) be 18 years [of age] old or older;
167          (d) provide satisfactory evidence to the division that the individual will practice as a
168     massage apprentice only under the direct supervision of a licensed massage therapist in good
169     standing and who has engaged in the lawful practice of massage therapy as a licensed massage
170     therapist for not less than 6,000 hours; and
171          (e) successfully complete an examination as required by division rule.
172          (4) Ĥ→ (a) ←Ĥ Each applicant for licensure as a massage assistant shall:
173          Ĥ→ [(a)] (i) ←Ĥ submit an application in a form prescribed by the division;
174          Ĥ→ [(b)] (ii) ←Ĥ pay a fee determined by the department in accordance with Section
174a     63J-1-504;
175          Ĥ→ [(c)] (iii) ←Ĥ be 18 years old or older; Ĥ→ [and] ←Ĥ
176          Ĥ→ [(d)] (iv) ←Ĥ provide satisfactory evidence to the division that:
177          Ĥ→ [(i)] (A) ←Ĥ the individual will practice as a massage assistant only under the indirect
178     supervision of an individual described in Subsections 58-47b-102(5)(a) through (f); and
179          Ĥ→ [(ii)] (B) ←Ĥ the applicant has completed Ĥ→ [the following education and training
179a     that meets the
180     requirements established] education and training as required ←Ĥ by division rule made in
180a     accordance with Title 63G, Chapter 3, Utah
181     Administrative Rulemaking Act Ĥ→ [:] ; and
181a          (v) pass an examination as required by division rule made in accordance with Title 63G,
181b     Chapter 3, Utah Administrative Rulemaking Act.
181c          (b) The division shall ensure that the required education and training described in
181d     Subsection (4)(a)(iv)(B) includes: ←Ĥ
182          Ĥ→ [(A)] (i) ←Ĥ at least 150 hours of education and training while Ĥ→ :
182a          (A) ←Ĥ enrolled in a massage school
183     Ĥ→ using a ←Ĥ curriculum approved by the division Ĥ→ ; ←Ĥ or Ĥ→ [while] ←Ĥ under the
183a     direct supervision of a massage
184     therapist in good standing who has engaged in the lawful practice of massage therapy for at
185     least 6,000 hours Ĥ→ and in accordance with a curriculum approved by the division ←Ĥ ; and
186          Ĥ→ [(B)] (ii) ←Ĥ at least 150 hours of education and training under the indirect supervision
186a     of an
187     individual described in Subsections 58-47b-102(5)(a) through (f).
188          (5) (a) Each applicant for licensure as a massage assistant in-training shall:
189          (i) submit an application in a form prescribed by the division;
190          (ii) pay a fee determined by the department in accordance with Section 63J-1-504;
191          (iii) be 18 years old or older; and
192          (iv) provide satisfactory evidence to the division that the individual will practice as a
193     massage assistant in-training to satisfy the requirements of Ĥ→ [Subsections (4)(d)(ii)(A) and (B)]
193a     Subsection (4)(a)(iv)(B) ←Ĥ
194     during a training period of no more than six months.
195          Ĥ→ [(b) After an individual licensed as a massage assistant in-training completes the
196     training described in Subsections (4)(d)(ii)(A) and (B) during the individual's training period,
197     the division shall issue to the individual a license for a massage assistant.]
197a          (b) The division shall issue to an individual licensed as a massage assistant in-training a
197b     license for a massage assistant if:
197c          (i) the individual completes the education and training described in Subsection
197d     (4)(a)(iv)(B); and
197e          (ii) passes the examination described in Subsection (4)(a)(v). ←Ĥ
198          (6) (a) A massage therapist may supervise at one time up to six individuals licensed as
199     a massage apprentice or massage assistant in-training.
200          (b) An individual described in Subsections 58-47b-102(5)(a) through (f) may supervise
201     at one time up to six individuals licensed as a massage assistant.
202          [(4)] (7) (a) [Any] Each new massage therapist [or], massage apprentice, massage
203     assistant, or massage assistant in-training applicant shall submit fingerprint cards in a form
204     acceptable to the division at the time the license application is filed and shall consent to a
205     fingerprint background check by the Utah Bureau of Criminal Identification and the Federal
206     Bureau of Investigation regarding the application.
207          (b) The division shall request the Department of Public Safety to complete a Federal
208     Bureau of Investigation criminal background check for each new massage therapist [or],
209     massage apprentice, massage assistant, or massage assistant in-training applicant through the
210     national criminal history system (NCIC) or any successor system.
211          (c) The cost of the background check and the fingerprinting shall be borne by the
212     applicant.
213          [(5)] (8) (a) [Any] A new massage therapist [or], massage apprentice, massage
214     assistant, or massage assistant in-training license issued under this section shall be conditional,
215     pending completion of the criminal background check. If the criminal background check
216     discloses the applicant has failed to accurately disclose a criminal history, the license shall be
217     immediately and automatically revoked.
218          (b) [Any] A person whose conditional license has been revoked under Subsection [(5)]
219     (8)(a) shall be entitled to a post-revocation hearing to challenge the revocation. The hearing
220     shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
221          [(6)] (9) An applicant who successfully completes a fingerprint background check
222     under Subsection [(4)] (7) may not be required by any other state or local government body to
223     submit to a second fingerprint background check as a condition of lawfully practicing massage
224     therapy or limited massage therapy in this state.
225          Section 4. Section 58-47b-303 is amended to read:
226          58-47b-303. Term of license -- Expiration -- Renewal.
227          (1) (a) [Each] Except as provided in Subsection (3), each license issued under this
228     chapter shall be issued in accordance with a two-year renewal cycle established by rule.
229          (b) A renewal period may be extended or shortened by as much as one year to maintain
230     established renewal cycles or to change an established renewal cycle.
231          (2) Each license automatically expires on the expiration date shown on the license
232     unless renewed by the licensee in accordance with Section 58-1-308.
233          (3) Each license the division issues to a massage assistant in-training expires six
234     months after the day on which the division issues the massage assistant in-training license.
235          Section 5. Section 58-47b-304 is amended to read:
236          58-47b-304. Exemptions from licensure.
237          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
238     individuals may engage in the practice of massage therapy or the practice of limited massage
239     therapy as defined under this chapter, subject to the stated circumstances and limitations,
240     without being licensed, but may not represent themselves as a massage therapist [or], massage
241     apprentice, massage assistant, or massage assistant in-training:
242          (a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act;
243          (b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
244          (c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a,
245     Nurse Midwife Practice Act;
246          (d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
247          (e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice
248     Act, while under the general supervision of a physical therapist;
249          (f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic
250     Medical Practice Act;
251          (g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
252     Act;
253          (h) a hospital staff member employed by a hospital, who practices massage as part of
254     the staff member's responsibilities;
255          (i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act;
256          (j) a student in training enrolled in a massage therapy school approved by the division;
257          (k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician
258     Practice Act;
259          (l) (i) an occupational therapist licensed under Chapter 42a, Occupational Therapy
260     Practice Act; and
261          (ii) an occupational therapy assistant licensed under Chapter 42a, Occupational
262     Therapy Practice Act, while under the general supervision of an occupational therapist;
263          (m) an individual performing gratuitous massage; and
264          (n) an individual:
265          (i) certified by or through, and in good standing with, an industry organization that is
266     recognized by the division and that represents a profession with established standards and
267     ethics:
268          (A) who is certified to practice reflexology and whose practice is limited to the scope
269     of practice of reflexology;
270          (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
271     whose practice is limited to the scope of practice for which the individual is certified;
272          (C) who is certified to practice ortho-bionomy and whose practice is limited to the
273     scope of practice of ortho-bionomy;
274          (D) who is certified to practice bowenwork and whose practice is limited to the scope
275     of practice of bowenwork; or
276          (E) who is certified to practice a type of brain integration and whose practice is limited
277     to the scope of practice for which the individual is certified;
278          (ii) whose clients remain fully clothed from the shoulders to the knees; and
279          (iii) whose clients do not receive gratuitous massage from the individual.
280          (2) This chapter may not be construed to authorize any individual licensed under this
281     chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
282          (3) This chapter may not be construed to:
283          (a) require insurance coverage or reimbursement for massage therapy or limited
284     massage therapy from third party payors; or
285          (b) prevent an insurance carrier from offering coverage for massage therapy or limited
286     massage therapy.
287          Section 6. Section 58-47b-305 is amended to read:
288          58-47b-305. State and local jurisdiction.
289          (1) (a) The division is the only agency authorized to license individuals to [practice]
290     engage in the practice of massage therapy or the practice of limited massage therapy within the
291     state or any of [its] the state's political subdivisions.
292          (b) This chapter does not prevent any political subdivision of the state from enacting:
293          (i) ordinances governing the operation of establishments offering massages; or
294          (ii) ordinances regulating the practice of massage therapy or the practice of limited
295     massage therapy, if the ordinances are not less stringent than this chapter.
296          (2) This chapter does not prohibit any political subdivision of the state from
297     prosecuting unlicensed individuals engaged in the practice of massage therapy or the practice
298     of limited massage therapy or from prosecuting licensed individuals who are engaged in
299     unlawful conduct.
300          Section 7. Section 58-47b-306 is enacted to read:
301          58-47b-306. Required signage Ĥ→ and disclosures ←Ĥ .
302          (1) As used in this section, "massage establishment" means an establishment in which
303     an individual lawfully engages in the practice of massage therapy.
304          (2) (a) An individual who lawfully engages in the practice of massage therapy in a
305     massage establishment shall ensure that the massage establishment prominently displays to the
306     public a sign described in Subsection (2)(b), if the individual supervises a massage assistant or
307     a massage assistant in-training engaging in the practice of limited massage therapy.
308          (b) A sign required under Subsection (2)(a) shall notify the public that certain massage
309     services offered at the massage establishment are performed by a massage assistant or a
310     massage assistant in-training.
310a     Ĥ→ (3) (a) When an individual requests a massage service that will be performed by a massage
310b     assistant or a massage assistant in-training, the licensee performing or supervising the massage
310c     service shall ensure that the requesting individual is notified that the massage service will be
310d     performed by a massage assistant or a massage assistant in-training.
310e     (b) The licensee shall ensure that the requesting individual receives the disclosure described in
310f     Subsection (3)(a) before the individual schedules or agrees to the massage service. ←Ĥ
311          Section 8. Section 58-47b-501 is amended to read:
312          58-47b-501. Unlawful conduct.
313          "Unlawful conduct" includes:
314          (1) practicing, engaging in, or attempting to practice or engage in the practice of
315     massage therapy without holding a current license as a massage therapist or a massage
316     apprentice under this chapter;
317          (2) advertising or representing [himself as practicing] oneself as engaging in the
318     practice of massage therapy when not licensed to do so; [and]
319          (3) practicing, engaging in, or attempting to practice or engage in the practice of
320     limited massage therapy without holding a current license as a massage assistant or massage
321     assistant in-training under this chapter;
322          (4) advertising or representing oneself as engaging in the practice of limited massage
323     therapy when not licensed to do so; and
324          [(3)] (5) massaging, touching, or applying any instrument or device by a licensee in the
325     course of practicing or engaging in the practice of massage therapy or the practice of limited
326     massage therapy to the:
327          (a) genitals;
328          (b) anus; or
329          (c) breasts of a female patron, except when a female patron requests breast massage, as
330     may be further defined by division rule, and signs a written consent form, which must also
331     include the signature of a parent or legal guardian if the patron is a minor, authorizing the
332     procedure and outlining the reason for it before the procedure is performed.
333          Section 9. Section 58-47b-502 is amended to read:
334          58-47b-502. Unprofessional conduct.
335          "Unprofessional conduct" includes the following and may be further defined by division
336     rule:
337          (1) maintaining, operating, or assisting in the establishment or operation of any place
338     of business for the purpose of performing the practice of massage therapy or the practice of
339     limited massage therapy without first obtaining a business license, if a license is required;
340          (2) failing to comply with any applicable ordinances relating to the regulation of
341     massage establishment;
342          (3) failing to comply with all applicable state and local health or sanitation codes;
343          (4) failing to properly supervise an apprentice, massage assistant, or massage assistant
344     in-training;
345          (5) failing to maintain mechanical or electrical equipment in a safe operating condition;
346          (6) failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or
347     water baths;
348          (7) prescribing or administering medicine or drugs;
349          (8) engaging in any act or practice in a professional capacity that is outside of the
350     practice of massage therapy or the practice of limited massage therapy; and
351          (9) engaging in any act or practice in a professional capacity for which the licensee is
352     not competent to perform through training or experience.