No. 41436 (5-year Review): Rule R156-47b. Massage Therapy Practice Act Rule

DAR File No.: 41436
Filed: 04/04/2017 08:57:06 AM

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 and regulation 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 May 2012, it has been amended three times. The Division received one written comment, dated 10/29/2014, from Utah Chiropractic Physician Association Executive Director Tim Apgood in which the association opposed proposed amendments regarding the definition of "ortho-bionomy". As a result of the written comment and additional public comments offered during a 11/18/2014 rule hearing, the Division and Chiropractic Physician Licensing Board recommended additional changes, and a change in proposed rule (CPR) filing was filed on 02/23/2015 and made effective on 04/21/2015. The CPR filing deleted the definition of "ortho-bionomy" from this rule.

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 and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

04/04/2017

Authorized by:

Mark Steinagel, Director

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