As in effect on November 1, 2008
This rule is known as the "Massage Therapy Practice Act Rule."
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) "COMTA" means the Commission on Massage Therapy Accreditation.
(2) "Direct supervision" as used in Subsection 58-47b-302(3)(d) means that the apprentice supervisor is in the facility where massage is being performed and is immediately available to the apprentice for advice, direction and consultation while the apprentice is engaged in performing massage.
(3) "Lymphatic massage" as used in Subsections 58-47b-302(4) and 58-47b-304(1)(i) 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.
(4) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.
(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 47b, is further defined, in accordance with Subsection 58-1-203(5) in Section R156-47b-502.
This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 47b.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1- 107.
(1) There is created under Subsection 58-1-203(1)(f), the Massage Therapy Education Peer Committee.
(a) The Education Peer Committee shall:
(i) advise the Utah Board of Massage Therapy regarding massage therapy educational issues;
(ii) recommend to the Board standards for massage school curricula, apprenticeship curricula, and animal massage training; and
(iii) periodically review the current curriculum requirements.
(b) The composition of this committee shall be:
(i) two individuals who are instructors in massage therapy;
(ii) two individuals, one who represents a professional massage therapy association, and one who represents the Utah Committee of Bodywork Schools; and
(iii) one individual from the Utah State Office of Education.
(1) In accordance with Subsection 58-47b-302(2)(e)(i)(A), an applicant must graduate from a school of massage with a curriculum, which at the time of graduation, meets the following standards:
(a) Curricula must be registered with the Utah Department of Commerce, Division of Consumer Protection or an accrediting agency recognized by the United States Department of Education.
(b) Curricula shall be a minimum of 600 hours and shall include the following:
(i) anatomy, physiology and pathology - 150 hours;
(ii) massage theory including the five basic strokes - 300 hours;
(iii) professional standards, ethics and business practices - 35 hours;
(iv) safety and sanitation - 15 hours;
(v) clinic or practicum - 100 hours; and
(vi) other related massage subjects as approved by the Division in collaboration with the Board.
(c) In addition to the curriculum requirements of Subsection R156-47b-302a(1)(b), new curricula shall include the major content areas, but are not required to meet the percentage weights of the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB), National Certification Examination Content Outline, published July 2003, which is adopted and incorporated by reference.
(2) In accordance with Subsection 58-47b-302(2)(e)(i)(B), an applicant who completes equivalent education and training must document that the education and training was approved by NCBTMB as evidenced by current NCBTMB certification.
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 National Certification Examination for Therapeutic Massage and Bodywork (NCETMB);
(ii) the National Certification Examination for Therapeutic Massage (NCETM); or
(iii) the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBLEx).
(2) Applicants for licensure as a massage therapist who have completed a "Utah Massage Apprenticeship" shall pass the FSMTB MBLEx.
(3) Applicants for licensure as a massage apprentice shall pass the Utah Massage Law and Rule Examination.
In accordance with Subsection 58-47b-302(2)(e)(ii), an apprentice supervisor shall:
(1) not begin an apprenticeship program until:
(a) the apprentice is licensed; and
(b) the supervisor is approved by the division;
(2) not begin a new apprenticeship program until:
(a) the apprentice being supervised passes the FSMTB MBLEx and becomes licensed as a massage therapist, unless otherwise approved by the division in collaboration with the board; and
(b) the supervisor complies with subsection (1);
(3) if an apprentice being supervised fails the FSMTB MBLEx three times:
(a) together with the apprentice being supervised, meet with the Board at the next appropriate Board meeting;
(b) explain to the Board why the apprentice is not able to pass the examination;
(c) provide to the Board a plan of study in the appropriate subject matter to assist the apprentice in passing the examination; and
(d) upon successful completion of the review as provided in Subsection (3)(c), the apprentice shall again be eligible to take the FSMTB MBLEx;
(4) supervise not more than two apprentices at one time, unless otherwise approved by the division in collaboration with the board;
(5) train the massage apprentice in the areas of:
(a) massage theory - 50 hours;
(b) massage client service - 300 hours;
(c) hands on instruction - 325 hours;
(d) massage techniques - 120 hours;
(e) anatomy, physiology and pathology - 150 hours;
(f) business practices - 25 hours;
(g) ethics - 15 hours; and
(h) safety and sanitation - 15 hours;
(6) submit a curriculum content outline with the apprentice application, including a list of the resource materials to be used;
(7) display a conspicuous sign near the work station of the apprentice stating "Apprentice in Training";
(8) keep a daily record which shall include the hours of instruction and training completed, the hours of client services performed, and the number of hours of training completed;
(9) make available to the division upon request, the apprentice's training records;
(10) verify the completion of the apprenticeship program on forms available from the division;
(11) notify the division within ten working days if the apprenticeship program is terminated;
(12) must not have been disciplined for any unprofessional or unlawful conduct within five years of the start of any apprenticeship program; and
(13) ensure that the massage client services required in Subsection (5)(b) only be performed on the public; all other hands on practice must be performed by an apprentice on an apprentice or supervisor.
(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 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 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 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.
(1) In accordance with Subsection 58-1-308(1)(a), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 47b is established by rule in Section R156-1-308a.
(2) Renewal procedures shall be in accordance with Sections R156-1-308c through R156-1-308e.
"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;
(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.
In accordance with Subsection 58-28-8(12)(c), a massage therapist practicing animal massage shall have received 60 hours of training in the following areas:
(1) quadruped anatomy;
(2) the theory of quadruped massage; and
(3) supervised quadruped massage experience.
licensing, massage therapy
February 21, 2008
January 31, 2006
58-1-106(1)(a); 58-1-202(1)(a); 58-47b-101
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