DAR File No. 38748

Commerce, Consumer Protection

Rule R152-23

Utah Health Spa Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 38748
Filed: 08/08/2014 10:15:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to eliminate confusion that applicants have expressed in attempting to understand and use the existing definition of "personal trainer".

Summary of the rule or change:

The definition of "personal trainer" is eliminated. The substantive elements of the definition are moved into the section that outlines the registration requirements for health spas where personal training is offered or allowed.

State statutory or constitutional authorization for this rule:

• Section 13-2-5
• Section 63G-3-201
• Section 13-23-4

Anticipated cost or savings to:

the state budget:

No enforcement costs are associated with this amendment. The state budget will not be affected.

local governments:

Local governments are not required to comply with or enforce the health spa registration rules. No fiscal impact to local government is anticipated.

small businesses:

This amendment is for clarification only. It does not impose a new registration or compliance requirement that would result in costs to small businesses.

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

This amendment is for clarification only. It does not impose a new registration or compliance requirement that would result in costs to affected persons.

Compliance costs for affected persons:

This amendment is for clarification only. It does not impose new compliance obligations on affected persons. No compliance costs are anticipated.

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

As stated in the rule analysis, this filing moves certain requirements governing registration of a health spa from the definition section into the substantive rule. No fiscal impact to businesses is anticipated.

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
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at [email protected]

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:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Daniel O'Bannon, Director

R152. Commerce, Consumer Protection.

R152-23. Utah Health Spa Services.

R152-23-3. Definitions.

In addition to the definitions set forth in Section 13-23-2, the following definitions shall apply to these Rules.

(1) "Advance Sales" shall mean sales of consumer contracts on any date prior to the date a health spa facility becomes fully operational and available for use.

(2) "Costs" shall mean those costs incurred by the Division in investigating complaints, in collecting and distributing funds, and in otherwise fulfilling its responsibilities under the Health Spa Services Protection Act or these Rules.

(3) "Facility" means the physical building where the health spa services are provided.

(4) "Operate" means to advertise health spa services, to sell memberships, or to perform any other function of business by a health spa that is doing business in Utah.

[(5) "Personal Trainer" means an individual who is a health spa under Section 13-23-2 because the individual (1) hires another individual, either as an employee or an independent contractor, to provide instruction to assist patrons to improve their physical condition or appearance through aerobic conditioning, strength training, fitness training or other exercise, and (2) is granted the use of a facility that contains exercise equipment.

]

R152-23-4. Registration Requirements.

(1) A health spa may not operate in this state without first having received a registration permit from the Division. Each health spa entity shall obtain a registration permit prior to selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any contract to provide health spa services.

(2) The application shall request the following items:

(a) Name, addresses, email address and telephone numbers of owner(s) of the health spa Facility and the facility address, telephone number, email address, and name of contact person at the facility.

(b) Payment of the non-refundable application fee.

(c) A current pricing structure for health and fitness services.

(d) A copy of the contract that will be utilized by the facility containing the provisions required by law. The required provisions shall be highlighted for easy reference.

(e) The documents necessary to satisfy the surety requirement of Section 13-23-5(2)(a). If the health spa claims that it is exempt from providing the surety, then it must provide the Division with sufficient evidence that each requirement of Section 13-23-6 is satisfied.

(f) The number of consumer contracts that relate to each facility.

(g) The name, address, email address, and telephone number of each [Personal Trainer]employee, independent contractor, or any other health spa service provider who will be authorized by the registrant to use the health spa's facilities in providing health spa services to consumers during the year.

(h) The company name and contact information for a third party billing and management provider, if used.

(i) Evidence that the health spa facility maintains current liability or professional liability insurance.

(3) A separate registration shall be required for each facility that is maintained and operated by a health spa.

(4) If any information contained in the application becomes incorrect or incomplete, then the health spa shall, within thirty (30) days of the information becoming incorrect or incomplete, correct the application or file the complete information.

(5) All initial applications and renewal applications shall be processed within twenty (20) business days after their receipt by the Division.

 

KEY: consumer protection, health spas

Date of Enactment or Last Substantive Amendment: [November 29, 2012]2014

Notice of Continuation: March 22, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-23-1