No. 27548 (Amendment): R156-47b. Massage Therapy Practice Act Rules

DAR File No.: 27548
Filed: 11/16/2004, 11:42
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division, in collaboration with the Utah Board of Massage Therapy, is proposing changes to the massage school curriculum standards and apprenticeship standards for supervisors after further review by the Division and the Board.

 

Summary of the rule or change:

In Subsection R156-47b-302a(1)(b) amendments are made to add the minimum number of hours required in each outlined area. Also, professional standards and business practices was added to the ethics curriculum requirement in Subsection R156-47b-302a(1)(b)(iii). Also added that in addition to the curriculum requirements outlined in Subsection R156-47b-302a(1)(b), new massage school curriculums shall meet the standards of the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB), and the National Certification Examination Content Outline, published July 2003, which is adopted and incorporated by reference. In Section R156-47b-302c, amendments are made to require if an apprentice being supervised fails the Massage Theory examination three times, the supervisor shall meet with the Board at the next appropriate Board meeting, explain to the Board why the apprentice is not able to pass the examination and provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination. Upon the successful completion of this additional review by the supervisor and apprentice, the apprentice shall again be eligible to take the Massage Theory examination again. Also added to this section is the requirement that the supervisor submit a curriculum content outline with the apprentice application including a list of the resource materials to be used. In addition, the final amendment made in this section requires that massage client services required in Subsection R156-47b-302c(5)(b) only be performed on the public and that all other hands on practice must be performed by the apprentice on another apprentice or supervisor.

 

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)

 

This rule or change incorporates by reference the following material:

Adds the National Certification Board of Therapeutic Massage and Bodywork, National Certification Examination Content Outline, published July 2003

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs, 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.

 

local governments:

Proposed amendments do not apply to local governments. Therefore, there are no anticipated cost or savings to local government.

 

other persons:

There may be some additional costs to supervisors of massage apprenticeships in that their curriculum content outline must now be documented and submitted in conjunction with an apprentice application. Supervisors of massage apprenticeships may also incur some additional costs if their massage apprentice being supervised does not successfully pass the Massage Theory examination after three attempts in that the supervisor will now be required to complete additional training with the apprentice in order for the apprentice to again be eligible to retake the Massage Theory examination. The Division is unable to determine an exact amount of the costs anticipated since the amounts could vary among different supervisors.

 

Compliance costs for affected persons:

There may be some additional costs to supervisors of massage apprenticeships in that their curriculum content outline must now be documented and submitted in conjunction with an apprentice application. Supervisors of massage apprenticeships may also incur some additional costs if their massage apprentice being supervised does not successfully pass the Massage Theory examination after three attempts in that the supervisor will now be required to complete additional training with the apprentice in order for the apprentice to again be eligible to retake the Massage Theory examination. The Division is unable to determine an exact amount of the costs anticipated since the amounts could vary among different supervisors.

 

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

This rule filing clarifies existing requirements for massage therapy school curricula. Therefore, there is no fiscal impact to businesses as a result of this change. The rule filing also establishes certain standards for apprenticeships, including a requirement that an apprenticeship supervisor provide a curriculum outline with the apprentice application and a requirement for additional training when an apprentice fails to pass the Massage Theory examination after three attempts. These amendments could pose a potential fiscal impact to supervisors who must now submit an outline and provide further training if necessary. That impact should be minimal, however, because it is presumed that a supervisor already has a determined curriculum that must now be documented. If additional training is necessary, the cost to the supervisor will vary depending on the supervisor, apprentice and training previously provided. Klarice A. Bachman, 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:

01/14/2005

 

Interested persons may attend a public hearing regarding this rule:

12/17/2004 at 9:00 AM, 160 East 300 South - Conference Room 210 (2nd floor) - Salt Lake City, Utah

 

This rule may become effective on:

01/15/2005

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rules.

R156-47b-302a. Qualifications for Licensure as a Massage Therapist - Massage School Curriculum Standards - Equivalent Education and Training.

(1) In accordance with Subsection 58-47b-302(2)(e)(i)(A), an applicant must graduate from a school of massage with a curriculum, which at the time of graduation, meets the following standards:

(a) [c]Curriculums must be registered with the Utah Department of Commerce, Division of Consumer Protection or an accrediting agency recognized by the United States Department of Education.

(b) Curriculums shall be a minimum of[not less than] 600 hours and shall include[including] the following:

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

(ii) massage theory including the five basic strokes - 300 hours;

(iii) professional standards, ethics and business practices - 35 hours;

(iv) safety and sanitation - 15 hours;

(v) clinic or practicum - 100 hours; and

(vi) other related massage subjects as approved by the Division in collaboration with the Board.

(c) In addition to the curriculum requirements of Subsection R156-47b-302a(1)(b), new curriculums shall meet the standards of the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB), National Certification Examination Content Outline, published July 2003, which is adopted and incorporated by reference.

(2) In accordance with Subsection 58-47b-302(2)(e)(i)(B), an applicant who completes equivalent education and training must document that the education and training was approved by NCBTMB as evidenced by current NCBTMB certification.

 

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 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 three times:

(a) 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;

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

([4]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;

([5]7) display a conspicuous sign near the work station of the apprentice stating "Apprentice in Training";

([6]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;

([7]9) make available to the division upon request, the apprentice's training records;

([8]10) verify the completion of the apprenticeship program on forms available from the division;

([9]11) notify the division within ten working days if the apprenticeship program is terminated;[ and]

([10]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

[June 7, 2004]2005

Notice of Continuation February 26, 2001

58-1-106(1)(a)

58-1-202(1)(a)

58-47b-101