Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 180 Third Substitute (2022GS)

Sponsor

Sen. Bramble, C.

Final action

Senate/ filed 3/15/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates a license classification for a certified massage practitioner;
• establishes the qualifications and scope of practice for a certified massage practitioner;
• modifies massage therapist and massage apprentice exam requirements;
• allows a massage therapist to supervise up to six massage apprentices; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MASSAGE THERAPY PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the Massage Therapy Practice Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a license classification for a certified massage practitioner;
▸ establishes the qualifications and scope of practice for a certified massage
practitioner;
▸ modifies massage therapist and massage apprentice exam requirements;
▸ allows a massage therapist to supervise up to six massage apprentices; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-47b-102
, as last amended by Laws of Utah 2012, Chapter 34
58-47b-301
, as last amended by Laws of Utah 2013, Chapter 278
58-47b-302
, as last amended by Laws of Utah 2020, Chapter 339
58-47b-304
, as last amended by Laws of Utah 2021, Chapter 403
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-47b-102
 is amended to read:
58-47b-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Board" means the Board of Massage Therapy created in Section 
58-47b-201
.
(2) "Breast" means the female mammary gland and does not include the muscles,
connective tissue, or other soft tissue of the upper chest.
(3) "Certified massage practitioner" means an individual licensed under this chapter as
a certified massage practitioner to engage in the practice of limited massage therapy while
working under the direct supervision of:
(a) a massage therapist;
(b) a physician licensed under Chapter 67, Utah Medical Practice Act;
(c) an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical
Practice Act;
(d) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
Act;
(e) an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
(f) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act.
[
(3)
] 
(4)
 "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
muscular system.
[
(4)
] 
(5)
 "Massage apprentice" means an individual licensed under this chapter as a
massage apprentice to work under the direct supervision of a licensed massage therapist.
[
(5)
] 
(6)
 "Massage therapist" means an individual licensed under this chapter as a
massage therapist.
(7) "Practice of limited massage therapy" means:
(a) the systematic manual or mechanical manipulation of the soft tissue of the body for
the purpose of:
(i) promoting the therapeutic health and well-being of a client;
(ii) enhancing the circulation of the blood and lymph;
(iii) relaxing and lengthening muscles;
(iv) relieving pain;
(v) restoring metabolic balance;
(vi) achieving homeostasis; or
(vii) other purposes;
(b) seated chair massage;
(c) body scrubs and body wraps;
(d) foot treatments and foot wraps;
(e) aromatherapy;
(f) reflexology;
(g) functional stretching; or
(h) in connection with an activity described in this Subsection (7), the use of:
(i) the hands;
(ii) a towel;
(iii) a stone;
(iv) a shell;
(v) a bamboo stick; or
(vi) an herbal ball compress.
[
(6)
] 
(8)
 "Practice of massage therapy" means:
(a) the examination, assessment, and evaluation of the soft tissue structures of the body
for the purpose of devising a treatment plan to promote homeostasis;
(b) the systematic manual or mechanical manipulation of the soft tissue of the body for
the purpose of:
(i) promoting the therapeutic health and well-being of a client;
(ii) enhancing the circulation of the blood and lymph;
(iii) relaxing and lengthening muscles;
(iv) relieving pain;
(v) restoring metabolic balance;
(vi) achieving homeostasis; or
(vii) other purposes;
(c) the use of the hands or a mechanical or electrical apparatus in connection with this
Subsection [
(6)
] 
(8)
;
(d) the use of rehabilitative procedures involving the soft tissue of the body;
(e) range of motion or movements without spinal adjustment as set forth in Section
58-73-102
;
(f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and
cabinet baths;
(g) manual traction and stretching exercise;
(h) correction of muscular distortion by treatment of the soft tissues of the body;
(i) counseling, education, and other advisory services to reduce the incidence and
severity of physical disability, movement dysfunction, and pain;
(j) similar or related activities and modality techniques;
(k) the practice described in this Subsection [
(6)
] 
(8)
 on an animal to the extent
permitted by:
(i) Subsection 
58-28-307
(12);
(ii) the provisions of this chapter; and
(iii) division rule; or
(l) providing, offering, or advertising a paid service using the term massage or a
derivative of the word massage, regardless of whether the service includes physical contact.
[
(7)
] 
(9)
 "Soft tissue" means the muscles and related connective tissue.
[
(8)
] 
(10)
 "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-47b-501
.
[
(9)
] 
(11)
 "Unprofessional conduct" is as defined in Sections 
58-1-501
 and 
58-47b-502
and as may be further defined by division rule.
Section 2. Section 
58-47b-301
 is amended to read:
58-47b-301.
Licensure required.
(1) An individual shall hold a license issued under this chapter in order to engage in the
practice of massage therapy 
or the practice of limited massage therapy
, except as specifically
provided in Section 
58-1-307
 or 
58-47b-304
.
(2) An individual shall have a license in order to:
(a) represent [
himself
] 
oneself
 as a massage therapist [
or
]
,
 massage apprentice
, or
certified massage practitioner
;
(b) represent [
himself
] 
oneself
 as providing a service that is within the practice of
massage therapy 
or the practice of limited massage therapy
 or use the word massage or any
other word to describe [
such
] 
the
 services; or
(c) charge or receive a fee or any consideration for providing a service that is within the
practice of massage therapy 
or the practice of limited massage therapy
.
Section 3. Section 
58-47b-302
 is amended to read:
58-47b-302.
License classifications -- Qualifications for licensure.
(1) The division shall issue licenses under this chapter in the classifications of:
(a) massage therapist; [
and
]
(b) massage apprentice[
.
]
; and
(c) certified massage practitioner.
(2) Each applicant for licensure as a massage therapist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be 18 years [
of age
] 
old
 or older;
(d) have either:
(i) (A) graduated from a school of massage having a curriculum which meets standards
established by division rule made in collaboration with the board; or
(B) completed equivalent education and training in compliance with division rule; or
(ii) completed a massage apprenticeship program consisting of a minimum of 1,000
hours of supervised training over a minimum of 12 months and in accordance with standards
established by the division by rule made in collaboration with the board; and
(e) pass [
examinations
]
:
(i) the Federation of State Massage Therapy Boards Massage and Bodywork Licensing
Examination, taken with an in-person or online proctor; or
(ii) any other examination
 established by rule by the division in collaboration with the
board.
(3) Each applicant for licensure as a massage apprentice shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be 18 years [
of age
] 
old
 or older;
(d) provide satisfactory evidence to the division that the individual will practice as a
massage apprentice only under the direct supervision of a licensed massage therapist in good
standing and who has engaged in the lawful practice of massage therapy as a licensed massage
therapist for not less than 6,000 hours; and
(e) successfully complete [
an
]
:
(i) the Federation of Massage Therapy Boards Massage and Bodywork Licensing
Examination, taken with an in-person or online proctor; or
(ii) any other
 examination as required by division rule.
(4) Each applicant for licensure as a certified massage practitioner shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department in accordance with Section 
63J-1-504
;
(c) be 18 years old or older; and
(d) provide satisfactory evidence to the division that the individual will practice as a
certified massage practitioner only under the supervision of an individual described in
Subsections 
58-47b-102
(3)(a) through (f) who has:
(i) at least three years of experience as a licensee; and
(ii) engaged in the lawful practice of massage therapy for at least 3,000 hours.
(5) A licensed massage therapist may supervise up to six licensed massage apprentices
at one time.
[
(4)
] 
(6)
 (a) [
Any
] 
Each
 new massage therapist [
or
]
,
 massage apprentice
, or certified
massage practitioner
 applicant shall submit fingerprint cards in a form acceptable to the
division at the time the license application is filed and shall consent to a fingerprint background
check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation
regarding the application.
(b) The division shall request the Department of Public Safety to complete a Federal
Bureau of Investigation criminal background check for each new massage therapist [
or
]
,
massage
 apprentice
, or certified massage practitioner
 applicant through the national criminal
history system (NCIC) or any successor system.
(c) The cost of the background check and the fingerprinting shall be borne by the
applicant.
[
(5)
] 
(7)
 (a) [
Any
] 
A
 new massage therapist [
or
]
,
 massage apprentice
, or certified
massage practitioner
 license issued under this section shall be conditional, pending completion
of the criminal background check. If the criminal background check discloses the applicant has
failed to accurately disclose a criminal history, the license shall be immediately and
automatically revoked.
(b) [
Any
] 
A
 person whose conditional license has been revoked under Subsection [
(5)
]
(7)
(a) shall be entitled to a post-revocation hearing to challenge the revocation. The hearing
shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
[
(6)
] 
(8)
 An applicant who successfully completes a fingerprint background check
under Subsection [
(4)
] 
(6)
 may not be required by any other state or local government body to
submit to a second fingerprint background check as a condition of lawfully practicing massage
therapy 
or limited massage therapy
 in this state.
Section 4. 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 
or the practice of limited 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
, or certified massage practitioner
:
(a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act;
(b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
(c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a,
Nurse Midwife Practice Act;
(d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice
Act, while under the general supervision of a physical therapist;
(f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic
Medical Practice Act;
(g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
Act;
(h) a hospital staff member employed by a hospital, who practices massage as part of
the staff member's responsibilities;
(i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act;
(j) a student in training enrolled in a massage therapy school approved by the division;
(k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician
Practice Act;
(l) (i) an occupational therapist licensed under Chapter 42a, Occupational Therapy
Practice Act; and
(ii) an occupational therapy assistant licensed under Chapter 42a, Occupational
Therapy Practice Act, while under the general supervision of an occupational therapist;
(m) an individual performing gratuitous massage; and
(n) 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:
(A) who is certified to practice reflexology and whose practice is limited to the scope
of practice of reflexology;
(B) who is certified to practice a type of zone therapy, including foot zone therapy, and
whose practice is limited to the scope of practice for which the individual is certified;
(C) who is certified to practice ortho-bionomy and whose practice is limited to the
scope of practice of ortho-bionomy;
(D) who is certified to practice bowenwork and whose practice is limited to the scope
of practice of bowenwork; or
(E) who is certified to practice a type of brain integration and whose practice is limited
to the scope of practice for which the individual is certified;
(ii) whose clients remain fully clothed from the shoulders to the knees; and
(iii) 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 
or limited
massage therapy
 from third party payors; or
(b) prevent an insurance carrier from offering coverage for massage therapy 
or limited
massage therapy
.