No. 28748 (Amendment): R156-47b. Massage Therapy Practice Act Rules

DAR File No.: 28748
Filed: 05/18/2006, 12:00
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Board of Massage Therapy are proposing amendments to the rule to: 1) add an additional examination that qualifies an individual for licensure as a massage therapist; 2) clarify the good moral character/disqualifying convictions section; and 3) add that failing to follow the standards and ethics of the occupation is considered unprofessional conduct.

 

Summary of the rule or change:

In Section R156-47b-103, the statute citation is updated. In Section R156-47b-302b, an additional examination is added which would qualify an applicant for licensure as a massage therapist. The two examinations are the: National Certification Examinations for Therapeutic Massage and Bodywork (NCETMB) and National Certification Examination for Therapeutic Massage (NCETM). In Section R156-47b-302d, amendments are made to this section with respect to good moral character/disqualifying convictions to soften the existing language to allow the Division and Board the ability to determine if there is a hazard to the public health, safety or welfare by issuing a license. In Section R156-47b-502, the change adds that failing to conform to the generally accepted and recognized standards of ethics of the profession including those established in the Utah Chapter of the American Massage Therapy Association "Utah Code of Ethics and Standards of Practice", September 17, 2005, edition, is considered unprofessional conduct.

 

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a) and 58-1-202(1)(a), and Section 58-47b-101

 

This rule or change incorporates by reference the following material:

Adds the Utah Chapter of the American Massage Therapy Association "Utah Code of Ethics and Standards of Practice", September 17, 2005, edition

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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, no costs or savings are anticipated. Proposed amendments only apply to licensees and potential licensees as either a massage therapist or massage apprentice.

 

other persons:

Due to proposed amendments with respect to an additional examination being accepted to qualify an applicant for licensure as a massage therapist, an applicant will see no reduction in examination fees since both of the eligible examinations cost $225. Due to proposed amendments with respect to good moral character/disqualifying convictions, an applicant for licensure as a massage therapist or massage apprentice may now be eligible for licensure depending on circumstances surrounding each individual case. If an applicant were to get licensed sooner as a result of the proposed amendments, the applicant would be able to work sooner thereby creating a positive fiscal impact for the applicant. With respect to the unprofessional conduct amendment, if a licensed massage therapist or massage apprentice violates the proposed standards and ethics of the profession, he could possibly be subject to disciplinary action against his license. The Division is unable to determine if or how many licensed massage therapists or massage apprentices may violate the unprofessional conduct amendment. There will be no cost involved with respect to obtaining a copy of the "Utah Code of Ethics and Standards of Practice" document since it is available on the following website: www.massageutah.org.

 

Compliance costs for affected persons:

Due to proposed amendments with respect to an additional examination being accepted to qualify an applicant for licensure as a massage therapist, an applicant will see no reduction in examination fees since both of the eligible examinations cost $225. Due to proposed amendments with respect to good moral character/disqualifying convictions, an applicant for licensure as a massage therapist or massage apprentice may now be eligible for licensure depending on circumstances surrounding each individual case. If an applicant were to get licensed sooner as a result of the proposed amendments, the applicant would be able to work sooner thereby creating a positive fiscal impact for the applicant. With respect to the unprofessional conduct amendment, if a licensed massage therapist or massage apprentice violates the proposed standards and ethics of the profession, he could possibly be subject to disciplinary action against his license. The Division is unable to determine if or how many licensed massage therapists or massage apprentices may violate the unprofessional conduct amendment. There will be no cost involved with respect to obtaining a copy of the "Utah Code of Ethics and Standards of Practice" document since it is available on the following website: www.massageutah.org.

 

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

This rule filing is a clarification of various standards for the profession, including the provisions relating to qualifying examinations, good moral character and unprofessional conduct. No fiscal impact to businesses is anticipated as a result of this rule filing. 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:

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:

07/17/2006

 

Interested persons may attend a public hearing regarding this rule:

6/21/2006 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

 

This rule may become effective on:

07/25/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rules.

R156-47b-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 47b.

 

R156-47b-302b. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-47b-302(2)(f) and 58-47b-302(3)(f), the examination requirements for licensure are defined, clarified, or established as follows:

(1) Applicants for licensure as a massage therapist shall:

(a) pass the Utah Massage Law and Rule Examination; and

(b) pass one of the following examinations:

(i) the [NCBTMB ]National Certification Examination for Therapeutic Massage and Bodywork (NCETMB); or

(ii) the National Certification Examination for Therapeutic Massage (NCETM).

(2) Applicants for licensure as a massage therapist who have completed a "Utah Massage Apprenticeship" must:

(a) pass the Utah Massage Theory Exam.

(3) Applicants for licensure as a massage apprentice shall:

(a) pass the Utah Massage Law and Rule Examination.

 

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 ineligible 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 ineligible 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 ineligible 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-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) engaging in any lewd, indecent, obscene or unlawful behavior while acting as a massage therapist;

(2) as an apprentice supervisor, failing to provide direct supervision to a massage apprentice;

(3) as an apprentice supervisor, failing to provide and document adequate instruction or training as applicable;

(4) as an apprentice supervisor, advising, directing or instructing an apprentice in any instruction or behavior that is inconsistent, contrary or contradictory to established professional or ethical standards of the profession;

(5) failing to notify a client of any health condition the licensee may have that could present a hazard to the client;[ and]

(6) failure to use appropriate draping procedures to protect the client's personal privacy; and

(7) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Utah Chapter of the American Massage Therapy Association "Utah Code of Ethics and Standards of Practice", September 17, 2005 edition, which is hereby incorporated by reference.

 

KEY: licensing, massage therapy

Date of Enactment or Last Substantive Amendment: [March 7, 2005]2006

Notice of Continuation: January 31, 2006

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