Senator Curtis S. Bramble proposes the following substitute bill:


1     
MASSAGE THERAPY PRACTICE ACT AMENDMENTS

2     
2023 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          ▸     creates and amends definitions;
13          ▸     creates a license classification for a massage assistant and a massage assistant
14     in-training;
15          ▸     establishes the qualifications and scope of practice for a massage assistant and a
16     massage assistant in-training;
17          ▸     amends massage therapist examination and background check requirements;
18          ▸     addresses supervision of a massage apprentice, massage assistant, and massage
19     assistant in-training;
20          ▸     requires certain signage and disclosures when a massage assistant or massage
21     assistant in-training provides a massage service;
22          ▸     clarifies consent requirements for certain massage services; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          58-1-301.5, as last amended by Laws of Utah 2022, Chapters 221, 438, and 466
31          58-47b-102, as last amended by Laws of Utah 2012, Chapter 34
32          58-47b-301, as last amended by Laws of Utah 2013, Chapter 278
33          58-47b-302, as last amended by Laws of Utah 2020, Chapter 339
34          58-47b-303, as enacted by Laws of Utah 1996, Chapter 76
35          58-47b-304, as last amended by Laws of Utah 2021, Chapter 403
36          58-47b-305, as last amended by Laws of Utah 1998, Chapter 159
37          58-47b-501, as last amended by Laws of Utah 2018, Chapter 318
38          58-47b-502, as last amended by Laws of Utah 1998, Chapter 159
39     ENACTS:
40          58-47b-302.1, Utah Code Annotated 1953
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 58-1-301.5 is amended to read:
45          58-1-301.5. Division access to Bureau of Criminal Identification records.
46          (1) The division shall have direct access to local files maintained by the Bureau of
47     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
48     for background screening of individuals who are applying for licensure, licensure renewal,
49     licensure reinstatement, or relicensure, as required in:
50          (a) Section 58-17b-307;
51          (b) Sections 58-24b-302 and 58-24b-302.1;
52          (c) Section 58-31b-302;
53          (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
54     Practice Act;
55          (e) Section 58-44a-302.1;
56          (f) [Section] Sections 58-47b-302 and 58-47b-302.1;
57          (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
58     company agents;
59          (h) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
60     Health Professional Practice Act;
61          (i) Sections 58-61-304 and 58-61-304.1;
62          (j) Section 58-63-302;
63          (k) Section 58-64-302;
64          (l) Sections 58-67-302 and 58-67-302.1; and
65          (m) Sections 58-68-302 and 58-68-302.1.
66          (2) The division's access to criminal background information under this section:
67          (a) shall meet the requirements of Section 53-10-108; and
68          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
69     held in abeyance, dismissed charges, and charges without a known disposition.
70          (3) The division may not disseminate outside of the division any criminal history
71     record information that the division obtains from the Bureau of Criminal Identification or the
72     Federal Bureau of Investigation under the criminal background check requirements of this
73     section.
74          Section 2. Section 58-47b-102 is amended to read:
75          58-47b-102. Definitions.
76          In addition to the definitions in Section 58-1-102, as used in this chapter:
77          (1) "Board" means the Board of Massage Therapy created in Section 58-47b-201.
78          (2) "Breast" means the female mammary gland and does not include the muscles,
79     connective tissue, or other soft tissue of the upper chest.
80          (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
81     muscular system.
82          (4) "Massage apprentice" means an individual licensed under this chapter as a massage
83     apprentice [to work under the direct supervision of a licensed massage therapist].
84          (5) "Massage assistant" means an individual licensed under this chapter as a massage
85     assistant.
86          (6) "Massage assistant in-training" means an individual licensed under this chapter as a
87     massage assistant in-training.
88          [(5)] (7) "Massage therapist" means an individual licensed under this chapter as a
89     massage therapist.
90          (8) "Massage therapy supervisor" means:
91          (a) a massage therapist who has at least three years of experience as a massage
92     therapist and has engaged in the lawful practice of massage therapy for at least 3,000 hours;
93          (b) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
94          (c) a physician licensed under Chapter 67, Utah Medical Practice Act;
95          (d) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical
96     Practice Act;
97          (e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
98          (f) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
99     Act.
100          (9) (a) "Practice of limited massage therapy" means:
101          (i) the systematic manual manipulation of the soft tissue of the body for the purpose of
102     promoting the therapeutic health and well-being of a client, enhancing the circulation of the
103     blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic
104     balance, relaxation, or achieving homeostasis;
105          (ii) seated chair massage;
106          (iii) the use of body wraps;
107          (iv) aromatherapy;
108          (v) reflexology; or
109          (vi) in connection with an activity described in this Subsection (9) the use of:
110          (A) the hands;
111          (B) a towel;
112          (C) a stone;
113          (D) a shell;
114          (E) a bamboo stick; or
115          (F) an herbal ball compress.
116          (b) "Practice of limited massage therapy" does not include work on an acute or
117     subacute injury.
118          [(6)] (10) "Practice of massage therapy" means:
119          (a) the examination, assessment, and evaluation of the soft tissue structures of the body
120     for the purpose of devising a treatment plan to promote homeostasis;
121          (b) the systematic manual or mechanical manipulation of the soft tissue of the body for
122     [the purpose of: (i)] the purpose of promoting the therapeutic health and well-being of a client[;
123     (ii)], enhancing the circulation of the blood and lymph[; (iii)], relaxing and lengthening
124     muscles[;(iv)], relieving pain[;(v)], restoring metabolic balance[; (vi)], or achieving
125     homeostasis[; or], or for any other purpose;
126          [(vii) other purposes;]
127          (c) the use of the hands or a mechanical or electrical apparatus in connection with this
128     Subsection [(6)] (10);
129          (d) the use of rehabilitative procedures involving the soft tissue of the body;
130          (e) range of motion or movements without spinal adjustment as set forth in Section
131     58-73-102;
132          (f) [oil] the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower,
133     steam, and cabinet baths;
134          (g) manual traction and stretching exercise;
135          (h) correction of muscular distortion by treatment of the soft tissues of the body;
136          (i) counseling, education, and other advisory services to reduce the incidence and
137     severity of physical disability, movement dysfunction, and pain;
138          (j) [similar or related] activities and modality techniques similar or related to the
139     activities and techniques described in this Subsection (10);
140          (k) [the] a practice described in this Subsection [(6)] (10) on an animal to the extent
141     permitted by:
142          (i) Subsection 58-28-307(12);
143          (ii) the provisions of this chapter; and
144          (iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative
145     Rulemaking Act; or
146          (l) providing, offering, or advertising a paid service using the term massage or a
147     derivative of the word massage, regardless of whether the service includes physical contact.
148          [(7)] (11) "Soft tissue" means the muscles and related connective tissue.
149          [(8)] (12) "Unlawful conduct" [is as] means the same as that term is defined in Sections
150     58-1-501 and 58-47b-501.
151          [(9)] (13) "Unprofessional conduct" [is as] means the same as that term is defined in
152     Sections 58-1-501 and 58-47b-502 and as may be further defined by division rule made in
153     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
154          Section 3. Section 58-47b-301 is amended to read:
155          58-47b-301. Licensure required.
156          (1) An individual shall hold a license issued under this chapter in order to engage in the
157     practice of massage therapy or the practice of limited massage therapy, except as specifically
158     provided in Section 58-1-307 or 58-47b-304.
159          (2) An individual shall have a license in order to:
160          (a) represent [himself] oneself as a massage therapist [or], massage apprentice,
161     massage assistant, or massage assistant in-training;
162          (b) represent [himself] oneself as providing a service that is within the practice of
163     massage therapy or the practice of limited massage therapy or use the word massage or any
164     other word to describe [such] the services; or
165          (c) charge or receive a fee or any consideration for providing a service that is within the
166     practice of massage therapy or the practice of limited massage therapy.
167          Section 4. Section 58-47b-302 is amended to read:
168          58-47b-302. License classifications -- Qualifications for licensure.
169          (1) The division shall issue licenses under this chapter in the classifications of:
170          (a) massage therapist; [and]
171          (b) massage apprentice[.];
172          (c) massage assistant; and
173          (d) massage assistant in-training.
174          (2) [Each] An applicant for licensure as a massage therapist shall:
175          (a) submit an application in a form prescribed by the division;
176          (b) pay a fee determined by the department under Section 63J-1-504;
177          (c) be 18 years [of age] old or older;
178          (d) have either:
179          (i) (A) graduated from a school of massage having a curriculum [which] that meets
180     standards established by division rule made in collaboration with the board and in accordance
181     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
182          (B) completed equivalent education and training in compliance with division rule made
183     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
184          (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
185     hours of supervised training over a minimum of 12 months and in accordance with standards
186     established by [the] division [by] rule made in collaboration with the board and in accordance
187     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
188          (e) pass [examinations]:
189          (i) the Federation of State Massage Therapy Boards Massage and Bodywork Licensing
190     Examination; or
191          (ii) any other examination established by [rule by the division] division rule made in
192     collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative
193     Rulemaking Act.
194          (3) [Each] An applicant for licensure as a massage apprentice shall:
195          (a) submit an application in a form prescribed by the division;
196          (b) pay a fee determined by the department under Section 63J-1-504;
197          (c) be 18 years [of age] old or older;
198          (d) provide satisfactory evidence to the division that the [individual] applicant will
199     practice as a massage apprentice only under the direct supervision of a licensed massage
200     therapist in good standing [and who has] who, for at least 6,000 hours, has engaged in the
201     lawful practice of massage therapy as a licensed massage therapist [for not less than 6,000
202     hours]; and
203          (e) [successfully complete] pass an examination as required by division rule made in
204     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
205          (4) (a) An applicant for licensure as a massage assistant shall:
206          (i) submit an application in a form prescribed by the division;
207          (ii) pay a fee determined by the department in accordance with Section 63J-1-504;
208          (iii) be 18 years old or older;
209          (iv) subject to Subsection (4)(b), complete at least 300 hours of education and training
210     approved by division rule made accordance with Title 63G, Chapter 3, Utah Administrative
211     Rulemaking Act;
212          (v) provide satisfactory evidence to the division that the applicant will practice as a
213     massage assistant only under the indirect supervision of a massage therapy supervisor; and
214          (vi) pass an examination as required by division rule made in accordance with Title
215     63G, Chapter 3, Utah Administrative Rulemaking Act.
216          (b) The 300-hour education and training requirement described in Subsection (4)(a)
217     shall include:
218          (i) at least 150 hours of education and training while the applicant is:
219          (A) enrolled in massage school; or
220          (B) licensed as a massage assistant in-training and under the direct supervision of a
221     massage therapist in good standing who, for at least 6,000 hours, has engaged in the lawful
222     practice of massage therapy; and
223          (ii) at least 150 hours of education and training while the applicant is:
224          (A) enrolled in massage school; or
225          (B) licensed as a massage assistant in-training and under the indirect supervision of a
226     massage therapist in good standing who, for at least 6,000 hours, has engaged in the lawful
227     practice of massage therapy.
228          (5) An applicant for licensure as a massage assistant in-training shall:
229          (a) submit an application in a form prescribed by the division;
230          (b) pay a fee determined by the department in accordance with Section 63J-1-504;
231          (c) be 18 years old or older; and
232          (d) provide satisfactory evidence to the division that the applicant will practice as a
233     massage assistant in-training under the supervision of a massage therapist for a period of no
234     more than six months for the purpose of satisfying the requirements described in Subsections
235     (4)(a)(iv) and (b) for licensure as a massage assistant.
236          (6) (a) A massage therapist may supervise at one time up to six individuals licensed as
237     a massage apprentice or massage assistant in-training.
238          (b) A massage therapy supervisor may supervise at one time up to six individuals
239     licensed as a massage assistant.
240          [(4) (a) Any] (7) A new massage therapist [or], massage apprentice, massage assistant,
241     or massage assistant in-training applicant shall submit [fingerprint cards in a form acceptable to
242     the division at the time the license application is filed and shall consent to a fingerprint
243     background check by the Utah Bureau of Criminal Identification and the Federal Bureau of
244     Investigation regarding the application.] to and pass a criminal background check in accordance
245     with Section 58-47b-302.1 and any requirements established by division rule made in
246     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
247          [(b) The division shall request the Department of Public Safety to complete a Federal
248     Bureau of Investigation criminal background check for each new massage therapist or
249     apprentice applicant through the national criminal history system (NCIC) or any successor
250     system.]
251          [(c) The cost of the background check and the fingerprinting shall be borne by the
252     applicant.]
253          [(5) (a) Any new massage therapist or massage apprentice license issued under this
254     section shall be conditional, pending completion of the criminal background check. If the
255     criminal background check discloses the applicant has failed to accurately disclose a criminal
256     history, the license shall be immediately and automatically revoked.]
257          [(b) Any person whose conditional license has been revoked under Subsection (5) (a)
258     shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
259     conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.]
260          [(6) An applicant who successfully completes a fingerprint background check under
261     Subsection (4) may not be required by any other state or local government body to submit to a
262     second fingerprint background check as a condition of lawfully practicing massage therapy in
263     this state.]
264          Section 5. Section 58-47b-302.1 is enacted to read:
265          58-47b-302.1. Criminal background check.
266          (1) An applicant for licensure under this chapter who requires a criminal background
267     check shall:
268          (a) submit fingerprint cards in a form acceptable to the division at the time the license
269     application is filed; and
270          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
271     Identification and the Federal Bureau of Investigation regarding the application.
272          (2) The division shall:
273          (a) in addition to other fees authorized by this chapter, collect from each applicant
274     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
275     Identification is authorized to collect for the services provided under Section 53-10-108 and the
276     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
277     obtaining federal criminal history record information;
278          (b) submit from each applicant the fingerprint card and the fees described in
279     Subsection (2)(a) to the Bureau of Criminal Identification; and
280          (c) obtain and retain in division records a signed waiver approved by the Bureau of
281     Criminal Identification in accordance with Section 53-10-108 for each applicant.
282          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
283     Section 53-10-108:
284          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
285     and regional criminal records databases;
286          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
287     criminal history background check; and
288          (c) provide the results from the state, regional, and nationwide criminal history
289     background checks to the division.
290          (4) For purposes of conducting a criminal background check required under this
291     section, the division shall have direct access to criminal background information maintained
292     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
293          (5) The division may not disseminate outside of the division any criminal history
294     record information that the division obtains from the Bureau of Criminal Identification or the
295     Federal Bureau of Investigation under the criminal background check requirements of this
296     section.
297          (6) (a) A new license issued under this chapter is conditional pending completion of
298     the criminal background check.
299          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
300     criminal background check required in Subsection 58-47b-302(7) demonstrates the applicant
301     has failed to accurately disclose a criminal history, the license is immediately and automatically
302     revoked upon notice to the licensee by the division.
303          (c) A person whose conditional license is revoked under Subsection (6)(b) is entitled to
304     a postrevocation hearing to challenge the revocation.
305          (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
306     Chapter 4, Administrative Procedures Act.
307          (7) An applicant who successfully completes a background check under this section
308     may not be required by any other state or local government body to submit to a second
309     background check as a condition of lawfully engaging in the practice of massage therapy or the
310     practice of limited massage therapy in this state.
311          Section 6. Section 58-47b-303 is amended to read:
312          58-47b-303. Term of license -- Expiration -- Renewal.
313          (1) (a) [Each] Except as provided in Subsection (3), the division shall issue a license
314     [issued] under this chapter [shall be issued] in accordance with a two-year renewal cycle
315     established by [rule] division rule made in accordance with Title 63G, Chapter 3, Utah
316     Administrative Rulemaking Act.
317          (b) A renewal period may be extended or shortened by as much as one year to maintain
318     established renewal cycles or to change an established renewal cycle.
319          (2) [Each] Subject to Subsection (3), a license automatically expires on the expiration
320     date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
321          (3) A massage assistant in-training license expires six months after the day on which
322     the division issues the massage assistant in-training license.
323          Section 7. Section 58-47b-304 is amended to read:
324          58-47b-304. Exemptions from licensure.
325          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
326     individuals may engage in the practice of massage therapy [as defined under this chapter,] or
327     the practice of limited massage therapy, subject to the stated circumstances and limitations,
328     without being licensed[, but may not represent themselves as a massage therapist or massage
329     apprentice:] under this chapter:
330          (a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act;
331          (b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
332          (c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a,
333     Nurse Midwife Practice Act;
334          (d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
335          (e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice
336     Act, while under the general supervision of a physical therapist;
337          (f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic
338     Medical Practice Act;
339          (g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
340     Act;
341          (h) a hospital staff member employed by a hospital, who practices massage as part of
342     the staff member's responsibilities;
343          (i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act;
344          (j) a student in training enrolled in a massage therapy school approved by the division;
345          (k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician
346     Practice Act;
347          (l) (i) an occupational therapist licensed under Chapter 42a, Occupational Therapy
348     Practice Act; and
349          (ii) an occupational therapy assistant licensed under Chapter 42a, Occupational
350     Therapy Practice Act, while under the general supervision of an occupational therapist;
351          (m) an individual performing gratuitous massage; and
352          (n) an individual:
353          (i) certified by or through, and in good standing with, an industry organization that is
354     recognized by the division and that represents a profession with established standards and
355     ethics:
356          (A) who is certified to practice reflexology and whose practice is limited to the scope
357     of practice of reflexology;
358          (B) who is certified to practice a type of zone therapy, including foot zone therapy, and
359     whose practice is limited to the scope of practice for which the individual is certified;
360          (C) who is certified to practice ortho-bionomy and whose practice is limited to the
361     scope of practice of ortho-bionomy;
362          (D) who is certified to practice bowenwork and whose practice is limited to the scope
363     of practice of bowenwork; or
364          (E) who is certified to practice a type of brain integration and whose practice is limited
365     to the scope of practice for which the individual is certified;
366          (ii) whose clients remain fully clothed from the shoulders to the knees; and
367          (iii) whose clients do not receive gratuitous massage from the individual.
368          (2) An individual described in Subsection (1) may not represent oneself as a massage
369     therapist, massage apprentice, massage assistant, or massage assistant in-training.
370          (3) This chapter may not be construed to:
371          (a) authorize any individual licensed under this chapter to engage in any manner in the
372     practice of medicine as defined by the laws of this state[.];
373          [(3) This chapter may not be construed to:]
374          [(a)] (b) require insurance coverage or reimbursement for massage therapy or limited
375     massage therapy from third party payors; or
376          [(b)] (c) prevent an insurance carrier from offering coverage for massage therapy or
377     limited massage therapy.
378          Section 8. Section 58-47b-305 is amended to read:
379          58-47b-305. State and local jurisdiction.
380          (1) (a) The division is the only agency authorized to license individuals to [practice]
381     engage in the practice of massage therapy or the practice of limited massage therapy within the
382     state or any of [its] the state's political subdivisions.
383          (b) This chapter does not prevent any political subdivision of the state from enacting:
384          (i) ordinances governing the operation of establishments offering massages; or
385          (ii) ordinances regulating the practice of massage therapy or the practice of limited
386     massage therapy, if the ordinances are not less stringent than this chapter.
387          (2) This chapter does not prohibit any political subdivision of the state from
388     prosecuting [unlicensed individuals]:
389          (a) an unlicensed individual who is engaged in the practice of massage therapy [or
390     from prosecuting licensed individuals who are] or the practice of limited massage therapy; or
391          (b) a licensed individual who is engaged in unlawful conduct.
392          Section 9. Section 58-47b-306 is enacted to read:
393          58-47b-306. Required signage and disclosures.
394          (1) As used in this section, "massage establishment" means an establishment in which
395     an individual lawfully engages in the practice of massage therapy or the practice of limited
396     massage therapy.
397          (2) If a massage assistant or massage assistant in-training engages in the practice of
398     limited massage therapy at a massage establishment, the massage establishment shall
399     prominently display to the public a sign that indicates certain massage services offered at the
400     massage establishment are performed by a massage assistant or a massage assistant in-training.
401          (3) If an individual requests a massage service that is performed by a massage assistant
402     or a massage assistant in-training, the licensee performing or the massage therapy supervisor
403     supervising the massage service shall ensure that the individual is notified before scheduling or
404     agreeing to the massage service that the massage service is performed by a massage assistant or
405     massage assistant in-training.
406          Section 10. Section 58-47b-501 is amended to read:
407          58-47b-501. Unlawful conduct.
408          (1) "Unlawful conduct" includes:
409          [(1)] (a) practicing, engaging in, or attempting to practice or engage in the practice of
410     massage therapy without holding a current license as a massage therapist or a massage
411     apprentice under this chapter;
412          [(2)] (b) advertising or representing [himself as practicing] oneself as engaging in the
413     practice of massage therapy when not licensed to do so; [and]
414          (c) practicing, engaging in, or attempting to practice or engage in the practice of limited
415     massage therapy without holding a current license as a massage therapist, massage apprentice,
416     massage assistant, or massage assistant in-training under this chapter;
417          (d) advertising or representing oneself as engaging in the practice of limited massage
418     therapy when not licensed to do so; and
419          [(3)] (e) massaging, touching, or applying any instrument or device by a licensee in the
420     course of [practicing or] engaging in the practice of massage therapy or the practice of limited
421     massage therapy to the:
422          [(a)] (i) genitals;
423          [(b)] (ii) anus; or
424          [(c)] (iii) except as provided in Subsection (2), breasts of a female patron[,except when
425     a female patron].
426          (2) (a) Subsection (1)(e)(iii) does not apply if a female patron:
427          (i) requests breast massage, as may be further defined by division rule[, and signs a
428     written consent form, which must also include the signature of a parent or legal guardian if the
429     patron is a minor, authorizing the procedure and outlining the reason for it before the procedure
430     is performed.] made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
431     Act; and
432          (ii) subject to Subsection (2)(b), signs a written consent form before each time the
433     procedure is performed.
434          (b) If the female patron is a minor, the female patron's parent or legal guardian shall
435     sign the written consent form described in Subsection (2)(a).
436          Section 11. Section 58-47b-502 is amended to read:
437          58-47b-502. Unprofessional conduct.
438          "Unprofessional conduct" includes the following and may be further defined by division
439     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
440          (1) maintaining, operating, or assisting in the establishment or operation of any place
441     of business for the purpose of performing the practice of massage therapy or the practice of
442     limited massage therapy without first obtaining a business license, if a license is required;
443          (2) failing to comply with any applicable ordinances relating to the regulation of
444     massage establishment;
445          (3) failing to comply with all applicable state and local health or sanitation codes;
446          (4) failing to properly supervise [an apprentice] a massage apprentice, massage
447     assistant, or massage assistant in-training;
448          (5) failing to maintain mechanical or electrical equipment in a safe operating condition;
449          (6) failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or
450     water baths;
451          (7) prescribing or administering medicine or drugs;
452          (8) engaging in any act or practice in a professional capacity that is outside of the
453     practice of massage therapy or the practice of limited massage therapy; and
454          (9) engaging in any act or practice in a professional capacity for which the licensee is
455     not competent to perform through training or experience.