No. 26937 (Amendment): R156-47b. Massage Therapy Practice Act Rules

DAR File No.: 26937
Filed: 02/05/2004, 12:32
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Utah Board of Massage Therapy are amending the rule to add a section regarding good moral character and to define disqualifying convictions that would affect applicants for licensure as a massage therapist.

 

Summary of the rule or change:

Section R156-47b-302d is added which further defines "good moral character" by clarifying when an application for licensure as a massage therapist may be approved for an applicant who has a criminal background. Section R156-47b-303 is amended to updated statute and rule citations.

 

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 will incur minimal costs, approximately $100, 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.

 

other persons:

Applicants for licensure as a massage therapist may be affected by the proposed amendments if they have a criminal background in that they may not qualify for licensure. The Division is unable to determine any exact costs that may be associated with an applicant not qualifying for licensure. The Division is also unable to determine how many future applicants for licensure as a massage therapist may be affected.

 

Compliance costs for affected persons:

Applicants for licensure as a massage therapist may be affected by the proposed amendments if they have a criminal background in that they may not qualify for licensure. The Division is unable to determine any exact costs that may be associated with an applicant not qualifying for licensure. The Division is also unable to determine how many future applicants for licensure as a massage therapist may be affected.

 

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

This filing codifies into rule the existing standards used by the agency to screen licensure applicants with criminal backgrounds. There appears to be no fiscal impact to businesses as a result of this rule change. 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:

03/31/2004

 

This rule may become effective on:

04/01/2004

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rules.

R156-47b-302d. Good Moral Character - Disqualifying Convictions.

(1) When reviewing an application to determine the good moral character of an applicant as set forth in Subsection 58-47b-302(2)(c) and whether the applicant has been involved in unprofessional conduct as set forth in Subsections 58-1-501(2)(c), the Division and the Board shall consider the applicant's criminal record as follows:

(a) a criminal conviction for a sex offense as defined in Title 76, Chapter 5, Part 4 and Chapter 5a, and Title 76, Chapter 10, Part 12 and 13, shall disqualify an applicant from becoming licensed; or

(b) a criminal conviction for the following crimes may disqualify an applicant for becoming licensed:

(i) crimes against a person as defined in Title 76, Chapter 5, Parts 1, 2 and 3;

(ii) crimes against property as defined in Title 76, Chapter 6, Parts 1 through 6;

(iii) any offense involving controlled dangerous substances; or

(iv) conspiracy to commit or any attempt to commit any of the above offenses.

(2) An applicant who has a criminal conviction for a felony crime of violence may not be considered eligible for licensure for a period of seven years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(3) An applicant who has a criminal conviction for a felony involving a controlled substance may not be considered eligible for licensure for a period of five years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(4) An applicant who has a criminal conviction for any misdemeanor crime of violence or the use of a controlled substance may not be considered eligible for licensure for a period of three years from the termination of parole, probation, judicial proceeding or date of incident, whichever is later.

(5) Each application for licensure or renewal of licensure shall be considered in accordance with the requirements of Section R156-1-302.

 

R156-47b-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 47b is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308e.

 

KEY: licensing, massage therapy

[May 19, 2003]2004

Notice of Continuation February 26, 2001

58-1-106(1)(a)

58-1-202(1)(a)

58-47b-101