No. 28478: R156-47b. Massage Therapy Practice Act Rules

DAR File No.: 28478
Filed: 01/31/2006, 12:30
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 47b, provides for the licensure of massage therapists and massage apprentices. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-47b-201(3) provides that the Board of Massage Therapy's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 47b, with respect to massage therapists and massage apprentices.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in February 2001, it has been amended five times. In March 2001, amendments were proposed regarding massage therapy school curriculum standards, examination requirements, massage apprenticeship standards, and unprofessional conduct definitions. A March 22, 2001, hearing was conducted and the Division received three written comments with respect to the proposed amendments. Randy Nikola submitted a written comment in which he agreed with the amendments being proposed to Subsection R156-47b-302a(1)(c) regarding massage school curriculum standards. The Division also received an April 3, 2001, e-mail from Craig Sauer regarding the proposed amendments and an April 17, 2001, e-mail from Duke Cassel, Myotherapy College of Utah regarding the proposed rule amendments. As a result of comments made during the rule hearing and written comments received by the Division, a change in proposed rule filing was made with respect to massage school curriculum accreditation standards and adding a section dealing with animal massage training. Amendments from this rule filing were eventually made effective on August 16, 2001. In December 2002, amendments were again proposed regarding massage school curriculum standards and changes as a result of 2002 legislative changes made to the statute. No rule hearing was held nor were any written comments received by the Division. These amendments were made effective on January 16, 2003. In April 2003, an amendment was proposed which created the Massage Therapy Education Peer Committee, a peer advisory committee to the Utah Board of Massage Therapy. No rule hearing was held nor were any written comments received by the Division. This amendment was made effective on May 19, 2003. In March 2004, amendments were proposed regarding defining "good moral character" and to define disqualifying convictions that may affect applicants for licensure. The Division received two written comments with respect to these proposed amendments. The Division received a February 23, 2004, letter from Randall J. Nikola/Healing Mountain Massage School in which he agreed with some of the proposed amendments and suggested additional changes to the proposed amendments. The Board and Division reviewed Mr. Nikola's comments and agreed to keep the proposed amendments as written as the proposed amendments represented Division policy that had been in place for the last six to seven years and the proposed rule amendments were simply being made to reduce the existing Division policy to rule form. The Division also received a March 22, 2004, e-mail from Susan Allred regarding the term "controlled dangerous substances". Clyde Ormond replied to Ms. Allred that the term had the same meaning as the phrase "controlled substance" as used in Subsections R156-47b-302d(3) and (4) of the rule. A May 11, 2004, rule hearing was conducted and the proposed amendments in this filing were made effective on June 7, 2004. In December 2004, the Division again proposed amendments to the rule regarding massage school curriculum standards and massage apprenticeship standards. A December 17, 2004, hearing was conducted. The Division received a letter from Teresa Matheson/Utah Career College in which she was inquiring about how the proposed amendments would affect their school. As a result of further Division and Board review and comments made during the rule hearing, additional amendments were filed in a change in proposed rule filing. All amendments in this filing were eventually made effective on March 7, 2005.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 47b, with respect to massage therapists and massage apprentices. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

 

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]

 

Authorized by:

J. Craig Jackson, Director