Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 278 (2025GS)

Sponsor

Rep. Thurston, Norman K  (Thurston’s own bill)

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends the licensure requirements for massage therapy;
• specifies requirements for a criminal background check for an individual performing massage therapy;
• specifies requirements for a massage establishment to register;
• provides the circumstances under which an individual must perform massage therapy in a registered massage establishment;
• provides for the expiration and renewal of licensure;
• specifies identification, signage, and disclosure requirements;
• creates standards for unlawful and unprofessional conduct by a massage establishment;
• requires penalties for a massage establishment that engages in unlawful or unprofessional conduct;
• specifies when a massage establishment can be denied registration;
• specifies requirements for a criminal background check for massage establishment owners;
• creates a safe harbor provision for a licensed individual renting or leasing to a sole practitioner;
• allows the Division of Professional Licensing to inspect a massage establishment;

Every vote on this bill

Bill text

85
58-1-301.5
58-47b-102
58-47b-301
58-47b-301.1
58-47b-302
58-47b-302.1
58-47b-302.2
58-47b-303
58-47b-303.1
58-47b-304
58-47b-304.1
58-47b-305
58-47b-306
58-47b-306.1
58-47b-401
58-47b-401.1
58-47b-501
58-47b-501.1
58-47b-502
58-47b-502.1
58-47b-503
58-47b-503.1
58-47b-504
58-47b-601
63I-1-258
0
Massage Therapy Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill modifies licensing requirements for performing massage therapy, including 
creating a registration requirement for massage therapy establishments.
Highlighted Provisions:
This bill:
defines terms;
amends the licensure requirements for massage therapy;
specifies requirements for a criminal background check for an individual performing 
massage therapy;
specifies requirements for a massage establishment to register;
provides the circumstances under which an individual must perform massage therapy in a 
registered massage establishment;
provides for the expiration and renewal of licensure;
specifies identification, signage, and disclosure requirements;
creates standards for unlawful and unprofessional conduct by a massage establishment;
requires penalties for a massage establishment that engages in unlawful or unprofessional 
conduct;
specifies when a massage establishment can be denied registration;
specifies requirements for a criminal background check for massage establishment 
owners;
creates a safe harbor provision for a licensed individual renting or leasing to a sole 
practitioner;
allows the Division of Professional Licensing to inspect a massage establishment;
requires standards for the inspection of a registered massage establishment;
provides exemptions from licensure requirements;
schedules the repeal of provisions related to a massage assistant and massage 
assistant-in-training; 
includes a coordination clause to coordinate enactment of provisions with S.B. 44, 
Professional Licensure Amendments; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2024, Chapter 420
58-47b-102
, as last amended by Laws of Utah 2024, Chapter 507
58-47b-301
, as last amended by Laws of Utah 2023, Chapter 225
58-47b-302.1
, as enacted by Laws of Utah 2023, Chapter 225
58-47b-303
, as last amended by Laws of Utah 2023, Chapter 225
58-47b-304
, as last amended by Laws of Utah 2024, Chapter 455
58-47b-305
, as last amended by Laws of Utah 2023, Chapter 225
58-47b-306
, as enacted by Laws of Utah 2023, Chapter 225
58-47b-401
, as enacted by Laws of Utah 1996, Chapter 76
58-47b-501
, as last amended by Laws of Utah 2023, Chapter 225
58-47b-502
, as last amended by Laws of Utah 2023, Chapter 225
58-47b-503
, as last amended by Laws of Utah 2000, Chapter 309
63I-1-258
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
ENACTS:
58-47b-301.1
, Utah Code Annotated 1953
58-47b-302.2
, Utah Code Annotated 1953
58-47b-303.1
, Utah Code Annotated 1953
58-47b-304.1
, Utah Code Annotated 1953
58-47b-306.1
, Utah Code Annotated 1953
58-47b-401.1
, Utah Code Annotated 1953
58-47b-501.1
, Utah Code Annotated 1953
58-47b-502.1
, Utah Code Annotated 1953
58-47b-503.1
, Utah Code Annotated 1953
58-47b-504
, Utah Code Annotated 1953
58-47b-601
, Utah Code Annotated 1953
REPEALS AND REENACTS:
58-47b-302
, as last amended by Laws of Utah 2024, Chapter 137
Utah Code Sections Affected by Coordination Clause:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2024, Chapter 420
58-47b-302
, as last amended by Laws of Utah 2024, Chapter 137
58-47b-302.1
, as enacted by Laws of Utah 2023, Chapter 225
58-47b-302.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-1-301.5
 is amended to read:
58-1-301.5
. Division access to Bureau of Criminal Identification records.
(1)
The division shall have direct access to local files maintained by the Bureau of Criminal 
Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for 
background screening of individuals who are applying for licensure or certification, or 
with respect to a license or certification, renewal, reinstatement, or relicensure or 
recertification, as required in:
(a)
Sections 
58-17b-306
 and 
58-17b-307
;
(b)
Sections 
58-24b-302
 and 
58-24b-302.1
;
(c)
Section 
58-31b-302
;
(d)
Sections 
58-42a-302
 and 
58-42a-302.1
, of Chapter 42a, Occupational Therapy 
Practice Act;
(e)
Section 
58-44a-302.1
;
(f)
Sections 
58-47b-302
and 
58-47b-302.1
and 
58-47b-302.2
;
(g)
Section 
58-55-302
, as Section 
58-55-302
 applies to alarm companies and alarm 
company agents, and Section 
58-55-302.1
;
(h)
Sections 
58-60-103.1
, 
58-60-205
, 
58-60-305
, 
58-60-405
, and 
58-60-506
 of Chapter 
60, Mental Health Professional Practice Act
;
(i)
Sections 
58-61-304
 and 
58-61-304.1
;
(j)
Sections 
58-63-302
 and 
58-63-302.1
;
(k)
Sections 
58-64-302
 and 
58-64-302.1
;
(l)
Sections 
58-67-302
 and 
58-67-302.1
;
(m)
Sections 
58-68-302
 and 
58-68-302.1
; and
(n)
Sections 
58-70a-301.1
 and 
58-70a-302
, of Chapter 70a, Utah Physician Assistant 
Act
.
(2)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section 
53-10-108
; and
(b)
includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere 
held in abeyance, dismissed charges, and charges without a known disposition.
(3)
The division may not disseminate outside of the division any criminal history record 
information that the division obtains from the Bureau of Criminal Identification or the 
Federal Bureau of Investigation under the criminal background check requirements of 
this section.
Section 2, 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 and Acupuncture created in Section 
58-47b-201
.
(2)
"Bodywork" means:
(a)
the systematic manual or mechanical manipulation of the soft tissue of the body;
(b)
the use of the hands or a mechanical or electrical apparatus in connection with an 
activity described in this Subsection (2);
(c)
range of motion movements or movements without adjustment or articulation of the 
spinal column as defined in Section 
58-73-102
;
(d)
the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, 
and cabinet baths;
(e)
manual traction and stretching exercise;
(f)
activities and modality techniques similar or related to the activities and techniques 
described in this Subsection (2); or
(g)
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.
(2)
(3)
(a)
"Breast" means the female mammary gland
 and
.
(b)
"Breast" 
does not include the muscles, connective tissue, or other soft tissue of the 
upper chest.
(3)
(4)
"Homeostasis" means 
maintaining, stabilizing, or returning
the maintenance, the 
stabilization, or the return of the muscular system
 to equilibrium
 the muscular system
.
(5)
"Licensed individual" means an individual who is a massage assistant-in-training, a 
massage assistant, a massage apprentice, or a licensed massage therapist.
(6)
"Licensed massage therapist" means an individual licensed under this chapter to 
perform massage services without supervision.
(7)
"Limited massage therapy" means:
(a)
bodywork that is not intended to be billed to an insurance company; or
(b)
bodywork that is not supervised by:
(i)
a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(ii)
a physician licensed under Chapter 67, Utah Medical Practice Act;
(iii)
an occupational therapist licensed under Chapter 42a, Occupational Therapy 
Practice Act;
(iv)
an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical 
Practice Act;
(v)
an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
(vi)
a chiropractic physician licensed under Chapter 73, Chiropractic Physician 
Practice Act.
(4)
(8)
"Massage apprentice" means an individual licensed under this chapter as a massage 
apprentice.
(5)
(9)
"Massage assistant" means an individual licensed under this chapter as a massage 
assistant.
(6)
(10)
"Massage 
assistant in-training
assistant-in-training
" means an individual licensed 
under this chapter as a 
massage assistant in-training
massage assistant-in-training
.
(7)
"Massage therapist" means an individual licensed under this chapter as a massage 
therapist.
(8)
"Massage therapy supervisor" means:
(a)
a massage therapist who has at least three years of experience as a massage therapist 
and has engaged in the lawful practice of massage therapy for at least 3,000 hours;
(b)
a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(c)
a physician licensed under Chapter 67, Utah Medical Practice Act;
(d)
an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical 
Practice Act;
(e)
an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
(f)
a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice 
Act.
(11)
(a)
"Massage establishment" means a place where massage services are performed 
by an individual.
(b)
"Massage establishment" includes a location an owner rents or leases to multiple sole 
practitioners to perform massage services.
(c)
"Massage establishment" does not include:
(i)
a location owned, rented, or leased by a single sole practitioner to perform 
massage services;
(ii)
an out-call location; or
(iii)
a massage school where massage services are only performed for an educational 
purpose.
(12)
"Massage services" means massage therapy or limited massage therapy.
(13)
"Massage therapy" means:
(a)
bodywork that is intended to be billed to an insurance company;
(b)
bodywork that is supervised by:
(i)
a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(ii)
a physician licensed under Chapter 67, Utah Medical Practice Act;
(iii)
an occupational therapist licensed under Chapter 42a, Occupational Therapy 
Practice Act;
(iv)
an osteopathic physician licensed under Chapter 68, Utah Osteopathic Medical 
Practice Act;
(v)
an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act; or
(vi)
a chiropractic physician licensed under Chapter 73, Chiropractic Physician 
Practice Act;
(c)
the examination, assessment, and evaluation of the soft tissue structures of the body 
for the purpose of devising a treatment plan to promote homeostasis;
(d)
counseling, education, and other advisory services to reduce the incidence and 
severity of physical disability, movement dysfunction, and pain;
(e)
the use of rehabilitative procedures involving the soft tissue of the body;
(f)
correction of muscular distortion by treatment of the soft tissues of the body; or
(g)
work on an acute or subacute injury.
(14)
"Massage therapy supervisor" means a licensed massage therapist in good standing 
who has lawfully engaged in massage services for at least 3,000 hours.
(15)
"Out-call location" means a location:
(a)
where massage services are provided; and
(b)
that a sole practitioner or a massage establishment does not own, lease, or rent.
(16)
(a)
"Owner" means an individual who controls the operation of a massage 
establishment.
(b)
"Owner" includes:
(i)
a shareholder, as defined in Section 
16-10a-102
, who owns, directly or indirectly 
through an entity controlled by the individual, any of the outstanding shares of an 
entity that owns, leases, or otherwise operates a massage establishment that:
(A)
is a corporation; or
(B)
is not publicly listed or traded;
(ii)
an individual who owns, directly or indirectly through an entity controlled by the 
individual, any part of an entity that is not a corporation and that owns, leases, or 
otherwise operates a massage establishment;
(iii)
an individual:
(A)
in whose name a certificate of occupancy has been issued for a massage 
establishment; or
(B)
that operates a massage establishment under a lease, operating agreement, 
franchise, or other arrangement; and
(iv)
a sublessee or other legal possessor.
(9)
(a)
"Practice of limited massage therapy" means:
(i)
the systematic manual manipulation of the soft tissue of the body for the purpose 
of promoting the therapeutic health and well-being of a client, enhancing the 
circulation of the blood and lymph, relaxing and lengthening muscles, relieving 
pain, restoring metabolic balance, relaxation, or achieving homeostasis;
(ii)
seated chair massage;
(iii)
the use of body wraps;
(iv)
aromatherapy;
(v)
reflexology; or
(vi)
in connection with an activity described in this Subsection (9), the use of:
(A)
the hands;
(B)
a towel;
(C)
a stone;
(D)
a shell;
(E)
a bamboo stick; or
(F)
an herbal ball compress.
(b)
"Practice of limited massage therapy" does not include work on an acute or subacute 
injury.
(10)
"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 promoting the therapeutic health and well-being of a client, enhancing 
the circulation of the blood and lymph, relaxing and lengthening muscles, relieving 
pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose;
(c)
the use of the hands or a mechanical or electrical apparatus in connection with this 
Subsection (10);
(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)
the use of 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)
activities and modality techniques similar or related to the activities and techniques 
described in this Subsection (10);
(k)
a practice described in this Subsection (10) on an animal to the extent permitted by:
(i)
Subsection 
58-28-307
(12);
(ii)
the provisions of this chapter; and
(iii)
division rule made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act; 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.
(17)
"Registered massage establishment" means a massage establishment that is registered 
with the division to lawfully provide massage services at a fixed massage establishment 
location in this state.
(11)
(18)
"Soft tissue" means the muscles and related connective tissue.
(19)
"Sole practitioner" means a licensed massage therapist who:
(a)
does not employ or contract with a licensed individual to offer massage services; and
(b)
does not employ an individual who works at the sole practitioner's location on a 
regular basis.
(12)
(20)
"Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
, 
58-47b-501
, and 
58-47b-501.1
.
(13)
(21)
"Unprofessional conduct" means the same as that term is defined in Sections 
58-1-501
 and
,
58-47b-502
, and 
58-47b-502.1
 and as may be further defined by 
division rule made in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
Section 3, Section 
58-47b-301
 is amended to read:
58-47b-301
. Licensure required -- Registration required -- Scope of practice -- 
Individuals.
(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)
(1)
An individual shall hold a license to perform massage services.
(2)
An individual shall have a license in order to:
Only a licensed individual may:
(a)
represent oneself as a 
massage therapist, massage apprentice, massage assistant, or 
massage assistant in-training
massage assistant-in-training, a massage assistant, a 
massage apprentice, or a licensed massage therapist
;
(b)
(i)
represent oneself as providing 
a service that is within the practice of massage 
therapy or the practice of limited massage therapy
massage services;
 or 
(ii)
use the word 
"
massage
"
 or any 
other word
similar wording
 to describe the 
services
service
; 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
massage 
services
.
(3)
A licensed individual, other than a sole practitioner, may perform massage services only 
in:
(a)
a registered massage establishment;
(b)
an out-call location; or
(c)
a location exempt from registration under Section 
58-47b-304.1
.
(4)
A sole practitioner may offer massage services from:
(a)
an out-call location;
(b)
the licensed individual's residence, if the licensed individual does not employ or 
contract with another licensed individual; or
(c)
a location, other than the licensed individual's residence, that the licensed individual 
owns, rents, or leases.
(5)
(a)
Subject to Subsection 
58-47b-502(9)
:
(i)
except as provided in Subsection (5)(b), a massage assistant-in-training may 
perform limited massage therapy under the direct supervision of a massage 
therapy supervisor;
(ii)
a massage assistant may perform limited massage therapy without supervision 
after completing 300 hours under the indirect supervision of a massage therapy 
supervisor;
(iii)
a massage apprentice may perform massage services under the supervision of a 
massage therapy supervisor as the division requires by rule made in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iv)
a licensed massage therapist may perform massage services without supervision.
(b)
A massage assistant-in-training is permitted to complete 150 hours under the indirect 
supervision of a massage therapy supervisor.
(6)
A massage therapy supervisor may supervise at one time up to six individuals of which 
no more than four may be massage apprentices or massage assistants-in-training.
Section 4, Section 
58-47b-301.1
 is enacted to read:
58-47b-301.1
. Massage establishment registration required -- Maintenance of 
registration.
(1)
An owner shall register a massage establishment with the division.
(2)
(a)
Each place of business shall register separately.
(b)
If multiple massage establishments exist at the same address, each massage 
establishment shall register separately.
(3)
A massage establishment shall provide the physical address where the massage 
establishment operates to the division.
(4)
A massage establishment may not allow massage services on the massage 
establishment's premises unless the massage establishment is registered in accordance 
with this section.
(5)
(a)
A registered massage establishment shall ensure only a licensed individual or an 
exempt individual performs massage services.
(b)
A registered massage establishment shall maintain documentation of the employment 
or contract relationship and make the documentation available during an inspection 
or investigation by the division.
(6)
An owner may not assign or transfer a massage establishment registration.
(7)
Upon the sale, sublease, or change of legal possession of a registered massage 
establishment, the owner, lessee, or legal possessor of the massage establishment shall 
notify the division in a form the division approves within 30 days after the day on which 
the ownership, lessee, or legal possession changes.
(8)
Whenever statute or rule requires or prohibits action by a registered massage 
establishment, any owner of the registered massage establishment is responsible for all 
activities of the registered massage establishment, regardless of the form of the business 
organization.
Section 5, Section 
58-47b-302
 is repealed and re-enacted to read:
58-47b-302
. Qualifications for registration and licensure -- Individuals.
(1)
An applicant for a massage assistant-in-training license shall provide satisfactory 
evidence to the division that the applicant will practice as a massage assistant-in-training 
only under the supervision of a massage therapy supervisor.
(2)
An applicant for a massage assistant license shall:
(a)
(i)
complete 300 hours of education that meets the standards the division requires 
by rule;
(ii)
complete training on the activities described in Subsection (5)(d) while the 
applicant is enrolled in massage school; and
(iii)
pass an examination as the division requires by rule;
(b)
(i)
while the applicant is licensed as a massage assistant-in-training:
(A)
complete at least 150 hours of education that meets the standards the division 
requires by rule under the direct supervision of a massage therapy supervisor; 
and
(B)
complete 150 hours of education that meets the standards the division requires 
by rule under the indirect supervision of a massage therapy supervisor; 
(ii)
complete training on the activities described in Subsection (5)(d); and
(iii)
pass an examination as the division requires by rule; or
(c)
(i)
have a massage safety permit; and
(ii)
pass an examination as the division requires by rule that contains questions that 
demonstrate the applicant's understanding of:
(A)
the basics of anatomy;
(B)
the basics of contraindications relating to massage;
(C)
the basics of kinesiology;
(D)
the basics of pathology;
(E)
the basics of physiology; and
(F)
the laws and rules relating to massage therapy.
(3)
An applicant for a massage apprentice license shall provide satisfactory evidence to the 
division that the applicant will practice as a massage apprentice only under the 
supervision of a massage therapy supervisor as the division requires by rule.
(4)
An applicant for a massage therapist license shall:
(a)
(i)
(A)
have graduated from a school of massage having a curriculum that meets 
the standards the division requires by rule; and 
(B)
complete training on the activities described in Subsection (5)(d) while the 
applicant is enrolled in massage school;
(ii)
(A)
have completed equivalent education in compliance with standards the 
division requires by rule; and
(B)
complete training on the activities described in Subsection (5)(d); or
(iii)
(A)
have completed a massage apprenticeship program consisting of a 
minimum of 1,000 hours of supervised training in accordance with standards 
the division requires by rule; and
(B)
complete training on the activities described in Subsection (5)(d) while the 
applicant is a massage apprentice; and
(b)
pass an examination as the division requires by rule.
(5)
An applicant for a massage safety permit shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
be 18 years old or older; and
(d)
complete an educational module the division requires by rule that includes:
(i)
practicing physical boundaries;
(ii)
draping;
(iii)
gaining consent; and
(iv)
taking a medical history.
(6)
An applicant for licensure under this chapter shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
be 18 years old or older;
(d)
consent to, and complete, a criminal background check described in Section 
58-47b-302.1
;
(e)
meet any standard related to the criminal background check described in Subsection 
(6)(d) as the division requires by rule; and
(f)
disclose any criminal history the division requests on a form the division approves.
(7)
Under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall 
make rules establishing:
(a)
the examinations required by this chapter;
(b)
the standards of a massage assistant-in-training program;
(c)
the standards for a massage school curriculum;
(d)
the equivalent education and training for a licensed massage therapist;
(e)
the standards of a massage apprenticeship program including supervision 
requirements;
(f)
the educational module described in Subsection (5)(d); and
(g)
the standards for the criminal background check described in Subsection (6)(e).
Section 6, Section 
58-47b-302.1
 is amended to read:
58-47b-302.1
. Criminal background check.
(1)
An applicant for 
individual 
licensure 
under this chapter who requires a criminal 
background check 
or registration and an owner of a registered massage establishment 
shall:
(a)
submit fingerprint cards in a form acceptable to the division at the time the license 
application is filed; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal 
Identification and the Federal Bureau of Investigation regarding the application.
(2)
The division shall:
(a)
in addition to other fees authorized by this chapter, collect from each applicant 
submitting fingerprints in accordance with this section the fee that the Bureau of 
Criminal Identification is authorized to collect for the services provided under 
Section 
53-10-108
 and the fee charged by the Federal Bureau of Investigation for 
fingerprint processing for the purpose of obtaining federal criminal history record 
information;
(b)
submit from each applicant the fingerprint card and the fees described in Subsection 
(2)(a)
 to the Bureau of Criminal Identification; and
(c)
obtain and retain in division records a signed waiver approved by the Bureau of 
Criminal Identification in accordance with Section 
53-10-108
 for each applicant.
(3)
The Bureau of Criminal Identification shall, in accordance with the requirements of 
Section 
53-10-108
:
(a)
check the fingerprints submitted under Subsection 
(2)(b)
 against the applicable state 
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal 
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history 
background checks to the division.
(4)
For purposes of conducting a criminal background check required under this section, the 
division shall have direct access to criminal background information maintained under 
Title 53, Chapter 10, Part 2, Bureau of Criminal Identification
.
(5)
The division may not disseminate outside of the division any criminal history record 
information that the division obtains from the Bureau of Criminal Identification or the 
Federal Bureau of Investigation under the criminal background check requirements of 
this section.
(6)
(a)
A new license issued under this chapter is conditional pending completion of the 
criminal background check.
(b)
Notwithstanding 
Title 63G, Chapter 4, Administrative Procedures Act
,
:
(i)
if the criminal background check required 
in Subsection 
58-47b-302(7)
by this 
section
 demonstrates the applicant has failed to accurately disclose a criminal 
history, the license is immediately and automatically revoked upon notice to the 
licensee by the division
.
; and
(ii)
if a massage establishment owner has a criminal conviction or pending criminal 
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any 
crime listed by rule made by the division in collaboration with the board in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division shall deny an application for registration of a massage establishment.
(c)
A person whose conditional license is revoked under Subsection 
(6)(b)
 is entitled to a 
postrevocation hearing to challenge the revocation.
(d)
The division shall conduct a postrevocation hearing in accordance with 
Title 63G, 
Chapter 4, Administrative Procedures Act
.
(7)
An applicant who successfully completes a background check under this section may 
not be required by any other state or local government body to submit to a second 
background check as a condition of lawfully engaging in the practice of massage therapy 
or the practice of limited massage therapy in this state.
Section 7, Section 
58-47b-302.2
 is enacted to read:
58-47b-302.2
. Qualifications for registration -- Massage establishments.
(1)
(a)
The owner of a massage establishment shall register the massage establishment.
(b)
If the massage establishment has multiple owners, the owners of the massage 
establishment shall choose one owner to register the massage establishment.
(2)
To register a massage establishment, the owner shall:
(a)
submit an application in a form the division approves;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
provide satisfactory documentation:
(i)
of registration with the Division of Corporations and Commercial Code;
(ii)
of business licensure if the municipality or county in which the massage 
establishment is located requires a business license;
(iii)
that the massage establishment's physical facilities comply with the requirements 
the division requires by rule in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act; and
(iv)
of each owner's ownership or right to possession of the premises where the 
massage establishment will be operated;
(d)
(i)
consent to, and complete, a criminal background check, described in Section 
58-47b-302.1
;
(ii)
meet any standard related to the criminal background check described in 
Subsection (2)(d)(i), that the division requires by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(iii)
disclose any criminal history the division requests on a form the division 
approves;
(e)
submit the following information for each individual for whom a criminal 
background check is required under Subsection (3):
(i)
full name;
(ii)
any name used;
(iii)
date of birth;
(iv)
social security number or other satisfactory evidence of the applicant's identity 
permitted by rule made by the division in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act;
(v)
address;
(vi)
phone number;
(vii)
email address;
(viii)
license number, if licensed under this chapter;
(ix)
registration number, if registered under this chapter;
(x)
a recent color photograph of each owner; and
(xi)
fingerprints in a form the division approves;
(f)
allow the division to verify that the applicant and each individual listed in Subsection 
(3) is legally present in the United States
;
(g)
submit a signed attestation in a form the division approves by rule attesting that the 
massage establishment does not engage in illegal activities including human 
trafficking, sex advertising, or unlicensed practice; and
(h)
meet with the division or board if requested by the division or board.
(3)
An individual shall consent to and complete a criminal background check in accordance 
with Subsection (2)(d) if the individual:
(a)
personally or constructively holds, including as the beneficiary of a trust:
(i)
at least 10% of the entity's outstanding stock; or
(ii)
more than $25,000 of the fair market value of the entity;
(b)
has a direct or indirect participating interest through shares, stock, or otherwise, 
regardless of whether voting rights are included, of more than 10% of the profits, 
proceeds, or capital gains of the entity;
(c)
is a member of the board of directors or other governing body of the entity; or
(d)
serves as:
(i)
an elected officer of the entity; or
(ii)
a general manager of the entity.
(4)
A minor who is an owner of the massage establishment as the beneficiary of a trust is 
exempt from Subsections 
(2)(d)
 and (2)(e).
(5)
The division may require an owner to prove continuing right of possession at any time 
during the registration period.
Section 8, Section 
58-47b-303
 is amended to read:
58-47b-303
. Term of license and registration -- Expiration -- Renewal -- 
Individuals.
(1)
(a)
Except as provided in Subsection 
(3)
, the division shall 
issue a license 
provide 
licensing 
under this chapter in accordance with a two-year renewal cycle established 
by division rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
.
(b)
A 
The division may extend or shorten a license 
renewal period 
may be extended 
or shortened 
by as much as one year to maintain established renewal cycles or to 
change an established renewal cycle.
(2)
Subject to Subsection 
(3)
, a license automatically expires on the expiration date shown 
on the license unless renewed by the 
licensee
licensed individual
 in accordance with 
Section 
58-1-308
.
(3)
(a)
A massage apprentice license expires 24 months after the day on which the 
division issues the massage apprentice license.
(b)
A massage 
assistant in-training
assistant-in-training
 license expires six months after 
the day on which the division issues the 
massage assistant in-training
massage 
assistant-in-training
 license.
(c)
The division may not renew or extend a massage apprentice or massage 
assistant-in-training license unless:
(i)
a circumstance or hardship arose beyond the individual's control that prevented the 
individual from completing the process;
(ii)
the division grants the renewal or extension for a period proportionate to the 
circumstance or hardship; and
(iii)
the individual's massage therapy supervisor consents in writing to the renewal or 
extension.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division may make rules establishing the evidence an applicant shall present to renew a 
license.
Section 9, Section 
58-47b-303.1
 is enacted to read:
58-47b-303.1
. Term of registration -- Expiration -- Renewal -- Massage 
establishments.
(1)
(a)
Except as provided in Subsection (3), the division shall issue a registration under 
this chapter in accordance with a two-year renewal cycle.
(b)
The division may extend or shorten a renewal period by as much as one year to 
maintain established renewal cycles or to change an established renewal cycle.
(2)
A registration automatically expires on the expiration date shown on the registration 
unless the registered massage establishment renews.
(3)
At the time of renewal, a registered massage establishment shall:
(a)
complete and submit an application for renewal in the form the division approves; 
and
(b)
pay a renewal fee established by the department under Section 
63J-1-504
.
Section 10, Section 
58-47b-304
 is amended to read:
58-47b-304
. Exemptions from licensure -- Individuals.
(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
perform massage services
, subject to the stated circumstances and 
limitations, without being 
licensed under this chapter
a licensed individual
:
(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 animal massage therapy under the rules made by the 
division in accordance with Subsection 
58-28-307(12)
;
(n)
an individual performing gratuitous massage; 
and
(o)
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
.
; and
(p)
(i)
an individual performing massage services who:
(A)
 holds a valid license, permit, certificate, or registration, for massage services 
issued by any other jurisdiction of the United States or by a foreign country; or
(B)
holds a certification from a nationally recognized massage therapy 
organization if the nonresident individual is from a jurisdiction of the United 
States that does not regulate massage therapy; and
(ii)
is temporarily performing massage services in this state for a period that does not 
exceed 30 days for the purpose of:
(A)
presenting educational or clinical programs, lectures, seminars, or workshops;
(B)
providing massage services during an emergency as part of a disaster response 
team; or
(C)
consulting with a licensed individual regarding massage services.
(2)
An individual described in Subsection (1) may not represent oneself as a 
massage 
therapist, massage apprentice, massage assistant, or massage assistant in-training
massage assistant-in-training, a massage assistant, a massage apprentice, or a licensed 
massage therapist
.
(3)
This chapter may not be construed to:
(a)
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;
(b)
require insurance coverage or reimbursement for 
massage therapy or limited 
massage therapy 
massage services 
from third party payors; or
(c)
prevent an insurance carrier from offering coverage for 
massage therapy or limited 
massage therapy
massage services
.
Section 11, Section 
58-47b-304.1
 is enacted to read:
58-47b-304.1
. Exemptions from registration -- Massage establishments.
The following establishments or facilities are exempt from registering as massage 
establishments:
(1)
hospitals or medical clinics;
(2)
physician offices;
(3)
physical therapy facilities;
(4)
chiropractic offices;
(5)
athletic training facilities or institutions of secondary or higher education when massage 
services are performed in connection with employment related to athletic teams;
(6)
a sole practitioner who only rents or leases to a sole practitioner if the sole practitioner 
meets the requirements described in Section 
58-47b-504
; and
(7)
other facilities as defined by rule.
Section 12, Section 
58-47b-305
 is amended to read:
58-47b-305
. State and local jurisdiction.
(1)
(a)
The division is the only agency authorized to license 
and register 
individuals to 
engage in the practice of massage therapy or the practice of limited massage therapy 
perform massage services 
within the state or any of the state's political subdivisions.
(b)
This chapter does not prevent any political subdivision of the state from enacting:
(i)
subject to Subsection 
(1)
(b)(ii), 
ordinances governing the operation of 
establishments offering 
massages
massage services
; or
(ii)
ordinances regulating the practice of massage therapy or the practice of limited 
massage therapy, if
:
(A)
except as provided in Subsection (1)(b)(ii)(B), 
the ordinances are 
not less
at least as
 stringent 
than
as
 this chapter
.
; and
(B)
the ordinances do not require a background check.
(2)
This chapter does not prohibit any political subdivision of the state from prosecuting:
(a)
an 
unlicensed 
individual who is engaged in 
the practice of massage therapy or the 
practice of limited massage therapy
massage services without the required license
; or
(b)
a licensed 
an 
individual 
who
or a massage establishment that
 is engaged in 
unlawful conduct.
Section 13, Section 
58-47b-306
 is amended to read:
58-47b-306
. Required identification and disclosures -- Individuals.
(1)
As used in this section, "massage establishment" means an establishment in which an 
individual lawfully engages in the practice of massage therapy or the practice of limited 
massage therapy.
(2)
If a massage assistant or massage assistant in-training engages in the practice of limited 
massage therapy at a massage establishment, the massage establishment shall 
prominently display to the public a sign that indicates certain massage services offered 
at the massage establishment are performed by a massage assistant or a massage 
assistant in-training.
(3)
(1)
(a)
Before a licensed individual first provides massage services to a client, the 
licensed individual shall obtain from the client a completed and signed intake form.
(b)
The division may further define the intake form by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
While performing massage services, a licensed individual:
(a)
except as required in Subsection 
(2)(b)
, shall wear or display the licensed individual's 
first and last name and license type;
(b)
shall wear or display the licensed individual's first name and last initial and license 
type if the licensed individual requests redaction as described in Subsection 
58-47b-306.1(2)
; and
(c)
If an individual requests a massage service that is performed by a massage assistant 
or a massage assistant in-training, the licensee performing or the massage therapy 
supervisor supervising the massage service shall ensure that the individual is notified 
before scheduling or agreeing to the massage service that the massage service is 
performed by a massage assistant or massage assistant in-training.
may not identify 
to any person in connection with massage services other than as the individual's 
license.
(3)
Before scheduling or agreeing to a massage service, the client shall receive notice of the 
first name and last initial of the licensed individual performing the massage services and 
the licensed individual's license type.
Section 14, Section 
58-47b-306.1
 is enacted to read:
58-47b-306.1
. Required signage and disclosures -- Massage establishments.
(1)
A massage establishment shall display prominently:
(a)
the massage establishment registration;
(b)
a copy of the state issued license for each licensed individual contracted with or 
employed by the establishment;
(c)
division resources required by rule made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act; and
(d)
a sign that states some massage services offered at the registered massage 
establishment is performed by a massage assistant-in-training, a massage assistant, or 
a massage apprentice if the massage establishment employs or contracts with a 
massage assistant-in-training, a massage assistant, or a massage apprentice.
(2)
If a licensed individual has a reasonable belief that the licensed individual's safety may 
be compromised, the licensed individual may request that the provider redact the 
displayed license to provide only the first name and last initial and the license type for 
the licensed individual.
(3)
The massage establishment shall display signage that:
(a)
states the massage establishment has verified that all providers are licensed 
individuals under Section 
58-47b-302
; and
(b)
informs clients of:
(i)
the right to request the provider's first name and last initial and license type; and
(ii)
methods for reporting complaints to the division.
Section 15, Section 
58-47b-401
 is amended to read:
58-47b-401
. Grounds for denial of license -- Individuals.
Grounds for 
If there are grounds in accordance with Section 
58-1-401
, the division 
may take 
the following actions regarding 
a license under this chapter are in accordance with 
Section 
58-1-401
a licensed individual
:
(1)
refusal to issue a license to an applicant;
(2)
refusal to renew the license of a licensee;
(3)
revocation, suspension, restriction, or placement on probation of a license;
(4)
issuance of a public or private reprimand to a licensee; and
(5)
issuance of a cease and desist order.
Section 16, Section 
58-47b-401.1
 is enacted to read:
58-47b-401.1
. Grounds for denial of registration -- Massage establishments.
The division shall deny an application for registration of a massage establishment under 
this chapter if:
(1)
the location in the registration application had a registration revoked or surrendered for 
cause within the last two years;
(2)
the application is for a location or a business that has advertised in a manner that 
reasonably implies sexual services are offered at the location;
(3)
within two years before the date of the application, an owner had a previous license or 
registration issued under this chapter suspended or revoked; or
(4)
an owner has a criminal conviction or pending criminal charges for any crime under 
Title 76, Chapter 5, Part 4, Sexual Offenses, or any crime listed by rule made by the 
division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
Section 17, Section 
58-47b-501
 is amended to read:
58-47b-501
. Unlawful conduct -- Individuals.
(1)
"Unlawful conduct" 
for an individual 
includes:
(a)
practicing, engaging in, or attempting to practice or engage in the practice of 
massage therapy without holding a current license as a massage therapist or a 
massage apprentice under this chapter
performance of massage services without 
being a licensed individual or an exempt individual
;
(b)
advertising or representing oneself as engaging in the practice of massage therapy 
when not licensed to do so
advertisement of or representation of oneself as able to 
perform massage services when not a licensed individual or an exempt individual
;
(c)
performance of massage services outside the scope of what the licensed individual is 
licensed or registered to perform; or
(c)
practicing, engaging in, or attempting to practice or engage in the practice of limited 
massage therapy without holding a current license as a massage therapist, massage 
apprentice, massage assistant, or massage assistant in-training under this chapter;
(d)
advertising or representing oneself as engaging in the practice of limited massage 
therapy when not licensed to do so; and
(e)
(d)
massaging, touching, or applying 
while performing massage services, 
massage, touch, or application of 
any instrument or device 
by a licensee in the 
course of engaging in the practice of massage therapy or the practice of limited 
massage therapy 
to the:
(i)
genitals;
(ii)
anus; or
(iii)
except as provided in Subsection 
(2)
, breasts of a female 
patron
client
.
(2)
(a)
Subsection 
(1)(e)(iii)
(1)(d)(iii) 
does not apply if a female 
patron
client
:
(i)
requests breast massage, as may be further defined by division rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; and
(ii)
subject to Subsection 
(2)(b)
, signs a written consent form before each time the 
procedure is performed.
(b)
If the female 
patron
client
 is a minor, the female 
patron's
client's
 parent or legal 
guardian shall sign the written consent form described in Subsection 
(2)(a)
.
Section 18, Section 
58-47b-501.1
 is enacted to read:
58-47b-501.1
. Unlawful conduct -- Massage establishments.
"Unlawful conduct" for a massage establishment includes:
(1)
operation without a valid registration;
(2)
use of a registered massage establishment as housing, sheltering, or for harboring any 
individual;
(3)
performance of massage services by an individual who is not licensed or exempt;
(4)
performance of:
(a)
massage services without the individual performing the massage being fully clothed; 
or
(b)
a sexual act;
(5)
arrangement for a sexual act;
(6)
use or the possession of adult-oriented merchandise while at the registered massage 
establishment;
(7)
advertisement on a sexually oriented website;
(8)
advertisement of services in a manner that may be reasonably construed as sexual in 
nature;
(9)
refusal of inspection by the division as authorized under Section 
58-47b-601
;
(10)
arrangement or allowance of any of the unlawful acts described in Section 
58-47b-501
;
(11)
failure to immediately report to a local police department any disorderly conduct, 
sexual acts, or other criminal activity occurring on or within the registered massage 
establishment's premises;
(12)
concealment of an individual in the massage establishment;
(13)
refusal to provide identification to inspectors or law enforcement; or
(14)
attempt to elude an inspector by leaving the massage establishment or remaining 
behind locked doors in the massage establishment during an inspection.
Section 19, Section 
58-47b-502
 is amended to read:
58-47b-502
. Unprofessional conduct -- Individuals.
"Unprofessional conduct" 
for an individual 
includes the following and may be 
further defined by division rule made in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
:
(1)
maintaining, operating, or assisting 
the maintenance, operation, or assistance 
in the 
establishment or operation of any place of business for the purpose of performing 
the 
practice of massage therapy or the practice of limited massage therapy 
massage services 
without first obtaining a business license, if a license is required;
(2)
failing 
failure 
to comply with any applicable ordinances relating to the regulation of 
massage establishment;
(3)
failing 
failure 
to comply with all applicable state and local health or sanitation codes;
(4)
failing 
failure of a massage therapy supervisor 
to properly supervise a massage 
apprentice, massage assistant, 
or massage assistant in-training
or a massage 
assistant-in-training
;
(5)
failing 
failure 
to maintain mechanical or electrical equipment in a safe operating 
condition;
(6)
failing 
failure 
to adequately monitor 
patrons
clients
 utilizing steam rooms, dry heat 
cabinets, or water baths;
(7)
prescribing or administering 
prescription or administration of 
medicine or drugs;
(8)
engaging 
engagement 
in any act or practice in a professional capacity that is outside of 
the 
practice of massage therapy or the practice of limited massage therapy
scope of 
massage services
; and
(9)
engaging 
engagement 
in any act or practice in a professional capacity for which the 
licensee
licensed individual
 is not competent to perform through training or experience.
Section 20, Section 
58-47b-502.1
 is enacted to read:
58-47b-502.1
. Unprofessional conduct -- Massage establishments.
"Unprofessional conduct" for a massage establishment includes the following and may 
be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act:
(1)
failure to comply with employee or client recordkeeping requirements as established in 
rule;
(2)
failure to comply with all applicable state and local health or sanitation codes and 
requirements as established by rule;
(3)
failure to comply with facility requirements as established by rule;
(4)
maintenance, operation, or assistance in an establishment or operation of any place of 
business for the purpose of performing massage services without first obtaining a 
business registration, if a license is required;
(5)
failure to comply with any applicable ordinances relating to the regulation of massage 
establishment;
(6)
failure to maintain mechanical or electrical equipment in a safe operating condition; and
(7)
failure to adequately monitor a client utilizing steam rooms, dry heat cabinets, or water 
baths.
Section 21, Section 
58-47b-503
 is amended to read:
58-47b-503
. Penalties -- Individuals.
(1)
Except as provided in Subsection 
(2)
, 
any
an
 individual who commits an act of 
unlawful conduct under Section 
58-47b-501
 is guilty of a class A misdemeanor.
(2)
Sexual conduct that violates Section 
58-47b-501
 and 
Title 76, Utah Criminal Code
, 
shall be subject to the applicable penalties in 
Title 76, Utah Criminal Code
.
(3)
For acts of unprofessional conduct or unlawful conduct by an individual, the division 
may:
(a)
assess an administrative fine in accordance with Subsection 
58-1-502(1)
; and
(b)
take any appropriate administrative action, which may include sending letters of 
concern to the municipality and the police department for the municipality in which 
the individual violates this chapter.
(4)
The division shall deposit an administrative fine imposed in accordance with this 
section into the Commerce Service Account.
(5)
If an individual has been convicted of violating Section 
58-47b-501
, before an 
administrative finding of a violation of the same section, the individual may not be 
assessed an administrative fine under this chapter for the same incident for which the 
conviction was obtained.
(6)
(a)
If, upon an inspection described in Section 
58-47b-601
 or an investigation under 
this section, the division concludes that an individual has violated the provisions of 
Chapter 1, Division of Professional Licensing Act, Section 
58-47b-501
 or 
58-47b-502
, 
or any rule or order issued with respect to these provisions, and that disciplinary 
action is appropriate, the director or the director's designee from within the division 
shall:
(i)
notify the individual to appear before an adjudicative proceeding conducted under 
Title 63G, Chapter 4, Administrative Procedures Act;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
promptly issue a citation to the individual according to this chapter and any 
pertinent rules.
(b)
The division shall suspend, revoke, place on probation, or refuse to issue or renew 
the license of a licensed individual that fails to comply with the citation after the 
citation becomes final.
(c)
Failure of an individual to comply with a citation after the citation becomes final is a 
ground for denial of license or renewal.
(d)
The division may not issue a citation under this section after one year from the date 
on which the violation that is the subject of the citation is reported to the division.
(e)
(i)
In addition to or in lieu of an administrative fine authorized in Subsection 
(3)
, 
the division may assess a penalty to any person that is in violation of the 
provisions of Chapter 1, Division of Professional Licensing Act, Section 
58-47b-501
 or 
58-47b-502
, or any rule or order issued with respect to these 
provisions, as evidenced by an uncontested citation, a stipulated settlement, or a 
finding of violation in an adjudicative proceeding.
(ii)
The penalty may be in an amount that is the greater of up to $10,000 per single 
violation or up to $2,000 per day of an ongoing violation in accordance with a 
penalty schedule established by rule.
(iii)
The division shall deposit a penalty imposed in accordance with this section into 
the Commerce Service Account.
(iv)
The director may collect a penalty that is not paid by:
(A)
referring the matter to a collection agency; or
(B)
bringing an action in the district court of the county where the individual 
against whom the penalty is imposed resides or in the county where the office 
of the director is located.
(v)
The division may consult with the county attorney or the attorney general of the 
state for legal assistance and advice in an action to collect a penalty.
(vi)
A court shall award reasonable attorney fees and costs to the prevailing party in 
an action brought by the division to collect a penalty.
(vii)
In addition to or in lieu of a penalty, the division may order the individual to 
cease and desist from violating the provisions of Chapter 1, Division of 
Professional Licensing Act, Section 
58-47b-501
 or 
58-47b-502
, or any rule or 
order issued with respect to these provisions.
(7)
(a)
A citation under Subsection 
(6)
 shall:
(i)
 be in writing and describe with particularity the nature of the violation, including 
a reference to the provision of the chapter, rule, or order alleged to have been 
violated;
(ii)
state that the individual to whom the division issues the citation shall notify the 
division in writing within 20 calendar days of service of the citation to contest the 
citation at a hearing conducted under Title 63G, Chapter 4, Administrative 
Procedures Act; and
(iii)
explain the consequences of failure to timely contest the citation or to make 
payment of any penalties assessed by the citation within the time specified in the 
citation.
(b)
The division may serve a citation issued under this section, or a copy of each 
citation, upon any individual upon which a summons may be served:
(i)
in accordance with the Utah Rules of Civil Procedure;
(ii)
personally or upon the individual's agent by a division investigator or by any 
person specially designated by the director; or
(iii)
by mail.
(c)
If, within 20 calendar days after the day of service of a citation, the individual to 
whom the division issues the citation fails to request a hearing to contest the citation, 
the citation becomes the final order of the division and is not subject to further 
agency review.
(d)
The division may extend the period to contest the citation for cause.
(8)
(a)
The division may suspend the license of a licensed individual without notice if:
(i)
there is a pattern of credible facts that the individual is attempting to operate a 
prostitution enterprise; or
(ii)
the individual is engaged in any form of human trafficking whether there is a 
violation of any other specific law, rule, or code.
(b)
If the division suspends the license of a licensed individual without notice, the 
division shall hold a hearing within 15 days.
Section 22, Section 
58-47b-503.1
 is enacted to read:
58-47b-503.1
. Penalties -- Massage establishments.
(1)
For acts of unprofessional conduct or unlawful conduct by a massage establishment, the 
division may:
(a)
assess an administrative fine in accordance with Subsection 
58-1-502(1)
; and
(b)
take any appropriate administrative action, which may include sending letters of 
concern to:
(i)
the municipality and the police department for the municipality in which the 
massage establishment is located; or
(ii)
the property owner or manager from which the massage establishment is leasing 
space.
(2)
The division shall deposit an administrative fine imposed in accordance with this 
section into the Commerce Service Account.
(3)
If a massage establishment owner has been convicted of violating Section 
58-47b-501.1
, 
before an administrative finding of a violation of the same section, the massage 
establishment owner may not be assessed an administrative fine under this chapter for 
the same incident for which the conviction was obtained.
(4)
(a)
If, upon an inspection described in Section 
58-47b-601
 or an investigation under 
this section, the division concludes that a massage establishment has violated the 
provisions of Chapter 1, Division of Professional Licensing Act, Section 
58-47b-501.1
 or 
58-47b-502.1
, or any rule or order issued with respect to these 
provisions, and that disciplinary action is appropriate, the director or the director's 
designee from within the division shall:
(i)
notify the massage establishment to appear before an adjudicative proceeding 
conducted under Title 63G, Chapter 4, Administrative Procedures Act;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
promptly issue a citation to the massage establishment according to this chapter 
and any pertinent rules.
(b)
The division shall suspend, revoke, place on probation, or refuse to issue or renew 
the registration of a registered massage establishment that fails to comply with the 
citation after the citation becomes final.
(c)
Failure of a massage establishment to comply with a citation after the citation 
becomes final is a ground for denial of license, registration, or renewal.
(d)
The division may not issue a citation under this section after one year from the date 
on which the violation that is the subject of the citation is reported to the division.
(e)
(i)
In addition to or in lieu of an administrative fine authorized in Subsection (1), 
the division may assess a penalty to any massage establishment that is in violation 
of the provisions of Chapter 1, Division of Professional Licensing Act, Section 
58-47b-501.1
 or 
58-47b-502.1
, or any rule or order issued with respect to these 
provisions, as evidenced by an uncontested citation, a stipulated settlement, or a 
finding of violation in an adjudicative proceeding.
(ii)
The penalty may be in an amount that is the greater of up to $10,000 per single 
violation or up to $2,000 per day of an ongoing violation in accordance with a 
penalty schedule established by rule.
(iii)
The division shall deposit a penalty imposed in accordance with this section into 
the Commerce Service Account.
(iv)
The director may collect a penalty that is not paid by:
(A)
referring the matter to a collection agency; or
(B)
bringing an action in the district court of the county where the massage 
establishment against which the penalty is imposed resides or in the county 
where the office of the director is located.
(v)
The division may consult with the county attorney or the attorney general of the 
state for legal assistance and advice in an action to collect a penalty.
(vi)
A court shall award reasonable attorney fees and costs to the prevailing party in 
an action brought by the division to collect a penalty.
(vii)
In addition to or in lieu of a penalty, the division may order the massage 
establishment to cease and desist from violating the provisions of Chapter 1, 
Division of Professional Licensing Act, Section 
58-47b-501.1
 or 
58-47b-502.1
, or 
any rule or order issued with respect to these provisions.
(5)
(a)
A citation under Subsection (4) shall:
(i)
 be in writing and describe with particularity the nature of the violation, including 
a reference to the provision of the chapter, rule, or order alleged to have been 
violated;
(ii)
state that the massage establishment to which the division issues the citation shall 
notify the division in writing within 20 calendar days of service of the citation to 
contest the citation at a hearing conducted under Title 63G, Chapter 4, 
Administrative Procedures Act; and
(iii)
explain the consequences of failure to timely contest the citation or to make 
payment of any penalties assessed by the citation within the time specified in the 
citation.
(b)
The division may serve a citation issued under this section, or a copy of each 
citation, upon any massage establishment upon which a summons may be served:
(i)
in accordance with the Utah Rules of Civil Procedure;
(ii)
personally or upon the massage establishment's agent by a division investigator or 
by any person specially designated by the director; or
(iii)
by mail.
(c)
If, within 20 calendar days after the day of service of a citation, the massage 
establishment to which the division issues the citation fails to request a hearing to 
contest the citation, the citation becomes the final order of the division and is not 
subject to further agency review.
(d)
The division may extend the period to contest the citation for cause.
(6)
(a)
The division may suspend a registered massage establishment's registration 
without notice if:
(i)
there is a pattern of credible facts that the registered massage establishment is 
attempting to operate a prostitution enterprise; or
(ii)
the registered massage establishment is engaged in any form of human trafficking 
whether there is a violation of any other specific law, rule, or code.
(b)
If the division suspends the registration without notice, the division shall hold a 
hearing within 15 days.
Section 23, Section 
58-47b-504
 is enacted to read:
58-47b-504
. Renting or leasing to a sole practitioner.
A sole practitioner renting or leasing to a sole practitioner is not liable for the actions of 
the sole practitioner to which the sole practitioner rents or leases so long as the sole 
practitioner:
(1)
verifies that the sole practitioner who is renting or leasing is a licensed massage 
therapist and in good standing in the state of Utah at the time of the rental or lease;
(2)
obtains a signed attestation from the sole practitioner who is renting or leasing that the 
sole practitioner has no business arrangement with the licensed individual other than a 
rental or lease; and
(3)
produces copies of the following if requested by the division:
(a)
the sole practitioner's state massage license;
(b)
the sole practitioner's signed attestation described in Subsection 
(2)
; and
(c)
the rental agreement.
Section 24, Section 
58-47b-601
 is enacted to read:
6. Enforcement
58-47b-601
. Inspection.
(1)
For the purpose of verifying compliance with this chapter, the division may enter and 
inspect the premises of any massage establishment.
(2)
Before conducting an inspection under Subsection (1), the division shall:
(a)
give proper identification;
(b)
request the registration for the massage establishment;
(c)
describe the nature and purpose of the inspection; and
(d)
provide upon request, the authority of the division to conduct the inspection and the 
penalty for refusing to permit the inspection as provided in Section 
58-47b-503.1
.
(3)
If during the inspection, the inspector has reasonable expectation that an occupant of a 
room is not fully clothed, the inspector shall allow the occupant a reasonable amount of 
time to dress before the inspector enters the room.
(4)
In conducting an inspection under Subsection (1), the division may, after meeting the 
requirements of Subsection (2):
(a)
examine any record, device, equipment, machine, electronic device or media, or area 
related to the practice of massage therapy for the purpose of verifying compliance 
with the applicable provisions of this chapter;
(b)
reproduce any record or media at the division's own cost; and
(c)
take a device for further analysis if considered necessary.
(5)
The owner or manager of the massage establishment shall assist the inspector by 
providing access to:
(a)
all areas of the massage establishment;
(b)
all personnel; and
(c)
all records requested by the inspector.
(6)
If upon inspection the division concludes that a person has violated the provisions of 
this chapter, or a rule or order issued with respect to this chapter, and that disciplinary 
action is appropriate, the director or the director's designee shall issue a penalty or 
citation to the registrant.
Section 25, Section 
63I-1-258
 is amended to read:
63I-1-258
. Repeal dates: Title 58.
(1)
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed 
July 1, 2026.
(2)
Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
(3)
Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(4)
Section 
58-37-3.5
, Drugs for behavioral health treatment, is repealed July 1, 2027.
(5)
Subsection 
58-37-6
(7)(f)(iii), regarding a seven-day opiate supply restriction, is 
repealed July 1, 2032.
(6)
Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2033.
(7)
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is 
repealed July 1, 2029.
(8)
Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1, 
2033.
(9)
Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2034.
(10)
Subsection 
58-47b-102(8)
, defining massage assistant, is repealed July 1, 2029.
(11)
Subsection 
58-47b-102(9)
, defining massage assistant-in-training, is repealed July 1, 
2029.
(12)
Subsection 
58-47b-302(1)
, regarding applicant for a massage assistant-in-training, is 
repealed July 1, 2029.
(13)
Subsection 
58-47b-302(2)
, regarding applicant for a massage assistant, is repealed July 
1, 2029.
(14)
Subsection 
58-47b-303(3)(b)
, regarding expiration of a massage assistant-in-training 
license, is repealed July 1, 2029.
(15)
Subsection 
58-55-201
(2), regarding the Alarm System and Security Licensing 
Advisory Board, is repealed July 1, 2027.
(11)
(16)
Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 
2026.
Section 26. 
Effective Date.
This bill takes effect on 
October 1, 2025
.
Section 27. 
Coordinating H.B. 278 with S.B. 44.
If H.B. 278, Massage Therapy Amendments, and S.B. 44, Professional Licensure 
Amendments, both pass and become law, the Legislature intends that, on October 1, 2025:
(1)
Subsection 
58-1-301.5(1)
 in S.B. 44 be amended to read:
"(1) As used in this section, "applicant" means an individual applying for licensure, 
certification, or registration, or with respect to a license, certification or registration, 
applying for renewal, reinstatement, relicensure, or recertification, as required in:
(a) Section 
58-5a-302
;
(b) Section 
58-16a-302
;
(c) Section 
58-17b-303
;
(d) Section 
58-17b-304
;
(e) Section 
58-17b-305
;
(f) Section 
58-17b-306
;
(g) Section 
58-24b-302
;
(h) Section 
58-31b-302
;
(i) Section 
58-42a-302
;
(j) Section 
58-44a-302
;
(k) Section 
58-47b-302
;
(l) Section 
58-47b-302.2
;
(m) Section 
58-55-302
;
(n) Section 
58-60-205
;
(o) Section 
58-60-305
;
(p) Section 
58-60-405
;
(q) Section 
58-60-506
;
(r) Section 
58-61-304
;
(s) Section 
58-63-302
;
(t) Section 
58-64-302
;
(u) Section 
58-67-302
;
(v) Section 
58-68-302
;
(w) Section 
58-69-302
;
(x) Section 
58-70a-302
;
(y) Section 
58-70b-302
;
(z) Section 
58-71-302
; or
(aa) Section 
58-73-302
.";
(2)
Subsection 
58-1-301.5(5)
 enacted in S.B. 44 be amended to read: 
"(5) To fulfill an applicable criminal background check requirement, an applicant 
shall:
(a) submit fingerprints in a form acceptable to the division at the time the applicant 
files a license application or a registration; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal 
Identification and the Federal Bureau of Investigation regarding the application.";
(3)
Subsection 
58-1-301.5(8)
 enacted in S.B. 44 be amended to read:
"(8)(a)(i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if 
the criminal background check required under this section demonstrates, after the 
applicant is licensed or registered, that the applicant failed to accurately disclose a 
criminal history, the division may provide notice to the applicant that the license or 
registration is immediately and automatically revoked.
(ii) If a massage establishment owner has a criminal conviction or pending criminal 
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any crime 
listed by rule made by the division in collaboration with the board in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall deny an 
application for registration of a massage establishment.
(b)(i) An individual whose license has been revoked in accordance with Subsection 
(8)(a) is entitled to a hearing to challenge the revocation.
(ii) A registered massage establishment for which the registration has been revoked 
in accordance with Subsection (8)(a) is entitled to a hearing to challenge the revocation.
(c) The division shall conduct the hearing described in this Subsection (8) in 
accordance with Title 63G, Chapter 4, Administrative Procedures Act.";
(4)
Subsection 
58-47b-302(6)(d)
 enacted in H.B. 278 be amended to read:
"(d) consent to, and complete, a criminal background check, described in Section 
58-1-301.5
."; and 
(5)
Subsection 
58-47b-302.2(2)(d)(i)
 enacted in H.B. 278 be amended to read:
"(d)(i) consent to, and complete, a criminal background check, described in Section 
58-1-301.5
;".
3-12-25 8:53 AM