No. 38915 (Change in Proposed Rule): Rule R156-47b. Massage Therapy Practice Act Rule

DAR File No.: 38915
Filed: 02/23/2015 09:18:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a 11/18/2014 rule hearing, public comments, and further review of the proposed rule amendments by the Board of Massage Therapy and the Division, additional amendments are being proposed.

Summary of the rule or change:

In Subsection R156-47b-102(2), minor wording changes were made to the definition of "body wrap". In Subsection R156-47b-102(8), an additional industry organization of "Butterfly Expressions, LLC" has been added. In Subsection R156-47b-102(13), the definition for "ortho-bionomy" is being deleted in this filing. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the November 15, 2014, issue of the Utah State Bulletin, on page 16. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

No additional costs or saving are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed amendment under DAR No. 38915.

local governments:

No additional costs or saving are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed amendment under DAR No. 38915.

small businesses:

No additional costs or saving are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed amendment under DAR No. 38915.

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

No additional costs or saving are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed amendment under DAR No. 38915.

Compliance costs for affected persons:

No additional costs or saving are anticipated as a result of these additional proposed amendments beyond those previously identified in the proposed amendment under DAR No. 38915.

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

This filing establishes definitions for the terms "body wrap" and "industry organization" and removes an examination that is currently required for licensure. The definitions add clarity to existing rules governing the scope of practice for massage therapists. A business that has been operating beyond the permissible scope will be required to change its practices. It is possible that such a business will experience decreased revenue; any such impact is anticipated to be minimal and cannot be estimated. Businesses will not be affected by the amended licensing requirements, which apply only to individuals.

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]
• Maria Skedros (Lohse) at the above address, by phone at 801-530-6179, 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:

04/14/2015

This rule may become effective on:

04/21/2015

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]that:

(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]maintains modesty by draping the body fully or partially.

(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.

(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.

(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.

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

(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) Butterfly Expressions, LLC;

([c]d) Reflexology Association of America (RAA);

([d]e) Society of Ortho-Bionomy International; or

([e]f) Utah Foot Zone Association.

(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.

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

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

(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.

(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.

([15]14) "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.

 

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

Date of Enactment or Last Substantive Amendment: [2014]2015

Notice of Continuation: May 1, 2012

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