No. 38915 (Amendment): Rule R156-47b. Massage Therapy Practice Act Rule

(Amendment)

DAR File No.: 38915
Filed: 10/16/2014 09:55:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to define scopes of practice for exemptions to licensure added to Title 58, Chapter 47b, during the 2014 General Legislative Session in H.B. 207. Also, the filing removes the Utah Massage Law and Rule Exam licensure requirement in order to increase license processing efficiency.

Summary of the rule or change:

In Section R156-47b-102, definitions for body wrap, industry organization and ortho-bionomy are added. In Section R156-47b-302b, amendments in this section delete the Utah Massage Law and Rule Exam as a licensure requirement.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-47b-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. It should also be noted that additional costs of regulatory enforcement were included in the legislation's consideration when passing H.B. 207 (2014).

local governments:

The proposed amendments only apply to individuals who are exempt from licensure under Title 58, Chapter 47b, and applicants for licensure as either a massage therapist or massage apprentice. The proposed amendments with respect to individuals who are exempt from licensure may aid local governments in determining qualification for business licensure and enforcement. The Division is not able to determine an exact cost or savings due to varying circumstances or frequency involving local business licensure and enforcement.

small businesses:

The proposed amendments only apply to individuals who are exempt from licensure under Title 58, Chapter 47b. If the exempted scopes of practice are currently being performed by individuals who may operate as a small business, there may be an unknown cost. The Division is not able to determine an exact cost due to the varying circumstances of each individual or business or the frequency involving the exempted scopes of practice.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments apply only to individuals who are exempt from licensure under Title 58, Chapter 47b. The proposed amendments clarify exempted scopes of practice to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments should not increase compliance costs for licensed massage therapists and massage apprentices or applicants for licensure in those classifications. It should be noted that there was no fee associated with the Utah Massage Law and Rule Examination. This examination is only an open book, part of the application for licensure as either a massage therapist or massage apprentice. If the exempted scopes of practices are currently being performed by individuals, there may be an unknown costs to those persons. However, the Division is not able to determine an exact cost due to the varying circumstances of each individual or the frequency involving the exempted scopes of practice.

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

As stated in the rule analysis, this filing adds new definitions to reflect industry developments and deletes existing language that requires an applicant for licensure to pass the Utah Massage Law and Rule Exam. It is anticipated that these changes will affect individuals, both those working toward licensure and those practicing within the profession, with no fiscal impact to businesses.

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:

• Dane Ishihara at the above address, by phone at 801-530-7632, 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:

12/15/2014

Interested persons may attend a public hearing regarding this rule:

• 11/18/2014 08:45 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

12/22/2014

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rule.

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 this rule:

(1) "Accrediting agency" means an organization, association or commission nationally recognized by the United States Department of Education as a reliable authority in assessing the quality of education or training provided by the school or institution.

(2) "Body wrap" means a body treatment which:

(a) may include one or more therapeutic preparations;

(b) is not for cosmetic purposes; and

(c) involves covering the body fully or partially with material.

(3) "Clinic" means performing the techniques and skills learned as a student under the curriculum of a registered school or an accredited school on the public, while in a supervised student setting.

([3]4) "Direct supervision" as used in Subsection 58-47b-302(3)(e) means that the apprentice supervisor, acting within the scope of the supervising licensee's license, is in the facility where massage is being performed and directs the work of an apprentice pursuant to this chapter under Subsection R156-1-102a(4)(a) while the apprentice is engaged in performing massage.

([4]5) "Distance learning" means the acquisition of knowledge and skills through information and instruction encompassing all technologies and other forms of learning at a distance, outside a school of massage meeting the standards in Section R156-47b-302 including internet, audio/visual recordings, mail or other correspondence.

([5]6) "FSMTB" means the Federation of State Massage Therapy Boards.

([6]7) "Hands on instruction" means direct experience with or application of the education or training in either a school of massage therapy or apprenticeship.

(8) "Industry organization", as used in Subsection 58-47b-304(1)(m), means any of the following organizations:

(a) American FootZonology Practitioners Association (AFZPA);

(b) American Reflexology Certification Board (ARCB);

(c) Reflexology Association of America (RAA);

(d) Society of Ortho-Bionomy International; or

(e) Utah Foot Zone Association.

([7]9) "Lymphatic massage" 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.

([8]10) "Manipulation", as used in Subsection 58-47b-102(6)(b), means contact with movement, involving touching the clothed or unclothed body.

([9]11) "Massage client services" means practicing the techniques and skills learned as an apprentice on the public in training under direct supervision.

([10]12) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

(13) "Ortho-Bionomy" means a structural and neurological system of healing exempt from licensure in accordance with Subsection 58-47b-3034(1)(m) limited to:

(a) non-invasive, gentle movement;

(b) comfortable positioning;

(c) brief compression; and

(d) subtle contact to stimulate self-correcting reflexes to:

(i) relax muscles;

(ii) release tension;

(iii) relieve joint and muscle pain;

(iv) reduce stress; and

(v) re-establish structural alignment.

([11]14) "Recognized school" means a school located in a state other than Utah, whose students, upon graduation, are recognized as having completed the educational requirements for licensure in that jurisdiction.

([12]15) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 47b, is further defined, in accordance with Subsection 58-1-203(1)(e) in Section R156-47b-502.

 

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]a) the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB);

([ii]b) the National Certification Examination for Therapeutic Massage (NCETM);

([iii]c) the National Examination for State Licensure (NESL); or

([iv]d) 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" shall pass the FSMTB MBLEx.[

(3) Applicants for licensure as a massage apprentice shall pass the Utah Massage Law and Rule Examination.]

 

KEY: licensing, massage therapy, massage therapist, massage apprentice

Date of Enactment or Last Substantive Amendment: [January 26, 2012]2014

Notice of Continuation: May 1, 2012

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

 

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