No. 30853 (Amendment): R156-47b. Massage Therapy Practice Act Rules

DAR File No.: 30853
Filed: 12/18/2007, 08:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division and the Board of Massage Therapy are proposing amendments to the rule to clarify the examination requirements to meet the qualifications for licensure.

Summary of the rule or change:

Throughout the rule, the term "rules" has been replaced with "rule" where applicable. In Section R156-47b-302b, amendments are made to include the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBLEx) as an optional examination for applicants for licensure as a massage therapist who have graduated from a massage school. For applicants for licensure as a massage therapist who have completed a Utah massage apprenticeship program, proposed amendments eliminate the Utah Massage Theory Examination, which will no longer be available, and requires the massage apprentice to take the FSMTB MBLEx examination. In Section R156-47b-302c, amendments replace references to the Utah Massage Theory Examination with the FSMTB MBLEx examination.

State statutory or constitutional authorization for this rule:

Section 58-47b-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The division may incur minimal costs of approximately $50 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget. The proposed amendments add an additional examination but there will not be an additional expense to the state to develop the examination as it is a national examination that is already developed.

local governments:

The proposed amendments do not apply to local governments. The proposed amendments only apply to applicants for licensure as a massage therapist or a massage apprentice.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for licensure as a massage therapist or massage apprentice. There will be an increased cost to those applicants for licensure who have completed a massage apprenticeship program as the FSMTB MBLEx examination will cost an additional $135 over the Utah Massage Therapy examination which is being eliminated. The division receives approximately 12 massage therapist applications who have completed a massage apprenticeship program per year thus resulting in an aggregate yearly increased cost of $1,620. However, for massage therapist applicants who are graduates of a massage school, there will be a reduced cost of $45 for applicants to take the FSMTB MBLEx examination (exam cost is $180) versus the National Certification Board of Therapeutic Massage Examination (exam cost is $225) if the applicant chooses to take the FSMTB MBLEx examination. The division receives approximately 532 massage therapist applications who have graduated from a massage school. If all applicants chose to take the FSMTB MBLEx examination, there would be an aggregate savings of $23,940. A small business may only be affected if such a business pays the costs of examinations for massage therapy applicants.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a massage therapist or massage apprentice. There will be an increased cost to those applicants for licensure who have completed a massage apprenticeship program as the FSMTB MBLEx examination will cost an additional $135 over the Utah Massage Therapy examination which is being eliminated. However, for applicants for licensure as a massage therapist who are graduates of a massage school, there will be a reduced cost of $45 for applicants to take the FSMTB MBLEx examination (exam cost is $180) versus the National Certification Board of Therapeutic Massage Examination (exam cost is $225) if the applicant chooses to take the FSMTB MBLEx examination.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated with this rule filing beyond those addressed in the rule summary. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2008

Interested persons may attend a public hearing regarding this rule:

1/23/2008 at 9:00 AM, Heber Wells Bldg,160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/21/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rule[s].

R156-47b-101. Title.

Th[ese]is rule[s are] is known as the "Massage Therapy Practice Act Rule[s]."

 

R156-47b-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 47b, as used in Title 58, Chapters 1 and 47b, or th[ese]is rule[s]:

(1) "COMTA" means the Commission on Massage Therapy Accreditation.

(2) "Direct supervision" as used in Subsection 58-47b-302(3)(d) means that the apprentice supervisor is in the facility where massage is being performed and is immediately available to the apprentice for advice, direction and consultation while the apprentice is engaged in performing massage.

(3) "Lymphatic massage" as used in Subsections 58-47b-302(4) and 58-47b-304(1)(i) means a method using light pressure applied by the hands to the skin in specific maneuvers to promote drainage of the lymphatic fluid from the tissue.

(4) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 47b, is further defined, in accordance with Subsection 58-1-203(5) in Section R156-47b-502.

 

R156-47b-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 47b.

 

R156-47b-302b. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-47b-302(2)(f) and 58-47b-302(3)(f), the examination requirements for licensure are defined, clarified, or established as follows:

(1) Applicants for licensure as a massage therapist shall:

(a) pass the Utah Massage Law and Rule Examination; and

(b) pass one of the following examinations:

(i) the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB);[ or]

(ii) the National Certification Examination for Therapeutic Massage (NCETM); or

(iii) the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBLEx).

(2) Applicants for licensure as a massage therapist who have completed a "Utah Massage Apprenticeship" [must:

(a) pass the Utah Massage Theory Exam]shall pass the FSMTB MBLEx.

(3) Applicants for licensure as a massage apprentice shall[:

(a) ] pass the Utah Massage Law and Rule Examination.

 

R156-47b-302c. Apprenticeship Standards for a Supervisor.

In accordance with Subsection 58-47b-302(2)(e)(ii), an apprentice supervisor shall:

(1) not begin an apprenticeship program until:

(a) the apprentice is licensed; and

(b) the supervisor is approved by the division;

(2) not begin a new apprenticeship program until:

(a) the apprentice being supervised passes the [Massage Theory examination]FSMTB MBLEx and becomes licensed as a massage therapist, unless otherwise approved by the division in collaboration with the board; and

(b) the supervisor complies with subsection (1);

(3) if an apprentice being supervised fails the [Massage Theory examination]FSMTB MBLEx three times:

(a) together with the apprentice being supervised, meet with the Board at the next appropriate Board meeting;

(b) explain to the Board why the apprentice is not able to pass the examination;

(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination; and

(d) upon successful completion of the review as provided in Subsection (3)(c), the apprentice shall again be eligible to take the [Massage Theory examination]FSMTB MBLEx;

(4) supervise not more than two apprentices at one time, unless otherwise approved by the division in collaboration with the board;

(5) train the massage apprentice in the areas of:

(a) massage theory - 50 hours;

(b) massage client service - 300 hours;

(c) hands on instruction - 325 hours;

(d) massage techniques - 120 hours;

(e) anatomy, physiology and pathology - 150 hours;

(f) business practices - 25 hours;

(g) ethics - 15 hours; and

(h) safety and sanitation - 15 hours;

(6) submit a curriculum content outline with the apprentice application, including a list of the resource materials to be used;

(7) display a conspicuous sign near the work station of the apprentice stating "Apprentice in Training";

(8) keep a daily record which shall include the hours of instruction and training completed, the hours of client services performed, and the number of hours of training completed;

(9) make available to the division upon request, the apprentice's training records;

(10) verify the completion of the apprenticeship program on forms available from the division;

(11) notify the division within ten working days if the apprenticeship program is terminated;

(12) must not have been disciplined for any unprofessional or unlawful conduct within five years of the start of any apprenticeship program; and

(13) ensure that the massage client services required in Subsection (5)(b) only be performed on the public; all other hands on practice must be performed by an apprentice on an apprentice or supervisor.

 

KEY: licensing, massage therapy

Date of Enactment or Last Substantive Amendment: [July 31, 2006]2008

Notice of Continuation: January 31, 2006

Authorizing, Implemented, or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101