Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 323 Fourth Substitute (2018GS)

Sponsor

Rep. Roberts, M.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• exempts a bowenwork practitioner from being required to be licensed as a massage therapist;
• amends provisions related to reflexology and foot zone therapy; and
• makes technical changes.

Every vote on this bill

Bill text

MASSAGE THERAPY PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill modifies exemptions from licensure in the Massage Therapy Practice Act.
Highlighted Provisions:
This bill:
▸ exempts a bowenwork practitioner from being required to be licensed as a massage
therapist;
▸ amends provisions related to reflexology and foot zone therapy; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-47b-304
, as last amended by Laws of Utah 2014, Chapters 330, 348 and last
amended by Coordination Clause, Laws of Utah 2014, Chapter 330
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-47b-304
 is amended to read:
58-47b-304.
Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 
58-1-307
, the following
individuals may engage in the practice of massage therapy as defined under this chapter,
subject to the stated circumstances and limitations, without being licensed, but may not
represent themselves as a massage therapist or massage apprentice:
(a) a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
Act;
(b) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
Chapter 44a, Nurse Midwife Practice Act;
(c) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(d) a physical therapist assistant licensed under Title 58, Chapter 24b, Physical Therapy
Practice Act, while under the general supervision of a physical therapist;
(e) an osteopathic physician or surgeon licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act;
(f) a chiropractic physician licensed under Title 58, Chapter 73, Chiropractic Physician
Practice Act;
(g) a hospital staff member employed by a hospital, who practices massage as part of
the staff member's responsibilities;
(h) an athletic trainer licensed under Title 58, Chapter 40a, Athletic Trainer Licensing
Act;
(i) a student in training enrolled in a massage therapy school approved by the division;
(j) a naturopathic physician licensed under Title 58, Chapter 71, Naturopathic Physician
Practice Act;
(k) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(l) an individual performing gratuitous massage; and
(m) an individual:
(i) certified by or through, and in good standing with, an industry organization that is
recognized by the division, and that represents a profession with established standards and
ethics;
(ii) (A) who limits the manipulation of the soft tissues of the body to [
the hands, feet,
and outer ears
] only 
the areas below the elbows, below the knees, and above the shoulders
,
including the practice of reflexology and foot zone therapy; [
or
]
(B) who is certified to practice ortho-bionomy and whose practice is limited to the
scope of practice of ortho-bionomy; 
or
(C) who is certified to practice bowenwork and whose practice is limited to the scope
of practice of bowenwork;
(iii) whose clients remain fully clothed from the shoulders to the knees; and
(iv) whose clients do not receive gratuitous massage from the individual.
(2) This chapter may not be construed to authorize any individual licensed under this
chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
(3) This chapter may not be construed to:
(a) require insurance coverage or reimbursement for massage therapy from third party
payors; or
(b) prevent an insurance carrier from offering coverage for massage therapy.
Legislative Review Note
Office of Legislative Research and General Counsel