No. 43150 (Amendment): Section R156-47b-102. Definitions

(Amendment)

DAR File No.: 43150
Filed: 08/14/2018 08:32:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Occupational and Professional Licensing (Division) and the Massage Therapy Board have reviewed and are proposing the following amendment to this rule. Pursuant to Subsection 58-47b-304(1)(m), an individual may engage in the defined practice of massage therapy without being licensed under Title 58, Chapter 47b, Massage Therapy Practice Act, if the individual is certified by or through and in good standing with an industry organization recognized by the Division and meets certain other requirements. The Division lists the industry organizations it recognizes in Subsection R156-47b-102(8). This filing will add the entity "Foot Zone Center LLC" to the list of recognized industry organizations.

Summary of the rule or change:

This filing will amend Subsection R156-47b-102(8) to add the entity "Foot Zone Center LLC" to the list of industry organizations recognized by the Division.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

No state agencies will be directly or indirectly affected by this amendment because the constrained parties consist only of Foot Zone Center LLC and any individuals it will certify who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). Additionally, there are no state government entities acting as businesses that will be impacted. As a result, this rule is not expected to impact the state beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendment is made effective.

local governments:

No local governments will be directly or indirectly affected by this amendment because the constrained parties consist only of Foot Zone Center LLC and any individuals it will certify who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). Additionally, there are no local governments acting as businesses that will be impacted.

small businesses:

Foot Zone Center LLC is the only small business that will be affected by this amendment. It will experience a fiscal benefit because it will have increased opportunities to charge individuals for certification services. The full impact cannot be estimated as the necessary data is unavailable; it cannot be estimated how many individuals will choose to pursue and maintain certification with Foot Zone Center LLC.

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

This amendment will affect individuals who choose to become certified with Foot Zone Center LLC, and who also meet the other requirements for exemption under Subsection 58-47b-304(1)(m). These individuals may experience a fiscal benefit associated with the increased opportunity for certification and to charge for their services without needing to become licensed under Title 58. The full impact to these individuals cannot be estimated as the necessary data is unavailable. It cannot be estimated, firstly, how many individuals will obtain the necessary training to become certified, nor out of the individuals who decide to become certified, how many will choose to seek certification with Foot Zone Center LLC instead of another recognized entity.

Compliance costs for affected persons:

This proposed amendment does not impose any compliance cost on any affected persons, as it merely adds the entity Foot Zone Center LLC to the list of entities with whom an individual may become certified.

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

Pursuant to Subsection 58-47b-304(1)(m), an individual may engage in the defined practice of massage therapy without being licensed under Title 58, Chapter 47b, Massage Therapy Practice Act, if the individual is certified by or through, and in good standing with, an industry organization recognized by the Division and meets certain other requirements. The Division lists the industry organizations it recognizes in Subsection R156-47b-102(8). This proposed amendment will add the entity "Foot Zone Center LLC" to the list of recognized industry organizations. Foot Zone Center LLC is the only small business that will be affected by this amendment. It will experience a fiscal benefit because it will have increased opportunities to charge customers/clients for certification services. The full impact cannot be estimated as the necessary data is unavailable; it cannot be estimated how many individuals will choose to pursue and maintain certification with Foot Zone Center LLC.

Francine A. Giani, Executive Director

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]

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:

10/01/2018

Interested persons may attend a public hearing regarding this rule:

• 09/18/2018 09:15 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

10/08/2018

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This amendment will not impact non-small businesses as it will only affect the small business Foot Zone Center LLC and any individuals that may be certified by Foot Zone Center LLC.

 

The head of the Department of Commerce, Francine Giani, has reviewed and approved this fiscal analysis.

 

 

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 that:

(a) may include one or more therapeutic preparations;

(b) is not for cosmetic purposes; and

(c) 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;

(d) Foot Zone Center LLC;

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

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

([f]g) 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) "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.

(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.

 

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

Date of Enactment or Last Substantive Amendment: [March 8, 2016]2018

Notice of Continuation: April 4, 2017

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

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