Commerce, Occupational and Professional Licensing

Rule R156-47b

Massage Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33293
Filed: 12/29/2009 03:23:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to update and clarify curriculum requirements and equivalent education qualifications for licensure as a result of changes in national standards. The filing also includes other technical corrections and clarifications.

Summary of the rule or change:

In Section R156-47b-102, the definition of "COMTA" is being deleted and replaced with a more inclusive definition of "accrediting agency". The definition of "direct supervision" is being updated to reflect the definition referenced in Subsection R156-1-201a(4)(a). Definitions for "clinic", "FSMTB", "massage client services", and "recognized school" are being added. Section R156-47b-302a is being changed to Section R156-47b-302. Curriculum requirements for massage schools contained in Section R156-47b-302 are updated to include specific areas of instruction to ensure competency. A new Section R156-47b-302a is being added to provide guidelines for equivalent education and training that would qualify an applicant for licensure. In Section R156-47b-302b, an additional licensure examination option, the National Examination for State Licensure (NESL), is being added. In Section R156-47b-302c, the training under massage apprenticeship has been updated to more closely reflect the massage school curriculum to include specific areas of instruction to ensure competency. Subsection R156-47b-302d(1)(a) is updated to change "shall" to "may" to allow the Division and Board more flexibility when considering applicants with a criminal conviction. Various statute citations have been updated throughout the rule.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates: National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) Content Outline, 01/01/2010
• Adds: National Certification Examination for Therapeutic Massage (NCETM) Content Outline, 01/01/2010

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. The proposed amendments would also apply to massage therapy schools, which may qualify as a small business, and licensed massage therapists who supervise massage apprenticeships. There may be some unknown increase in costs to adjust the massage therapy school and apprenticeship curriculums to the updated standards. The Division is not able to determine an exact cost due to a varying degree of circumstances.

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

The proposed amendments apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. The proposed amendments would also apply to massage therapy schools and licensed massage therapists who supervise massage apprenticeships. There may be some unknown increase in costs to adjust the massage therapy school and apprenticeship curriculums to the updated standards. The Division is not able to determine an exact cost due to a varying degree of circumstances.

Compliance costs for affected persons:

The proposed amendments apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. The proposed amendments would also apply to massage therapy schools and licensed massage therapists who supervise massage apprenticeships. There may be some unknown increase in costs to adjust the massage therapy school and apprenticeship curriculums to the updated standards. The Division is not able to determine an exact cost due to a varying degree of circumstances.

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

No fiscal impact to businesses is anticipated with this rule filing, which updates curriculum requirements and equivalent education qualifications, makes technical changes and clarifies the "good moral character" requirement.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at sstewart@utah.gov

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:

02/15/2010

Interested persons may attend a public hearing regarding this rule:

• 01/19/2010 09:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/22/2010

Authorized by:

Mark Steinagel, Director

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) ["COMTA" means the Commission on Massage Therapy Accreditation.]"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) "Clinic" means performing the techniques and skills learned under the curriculum of an accredited school while in a supervised student setting.

([2]3) "Direct supervision" as used in Subsection 58-47b-302(3)([d]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 [is immediately available to the apprentice for advice, direction and consultation]directs the work of an apprentice pursuant to this chapter under Subsection R156-1-201a(4)(a) while the apprentice is engaged in performing massage.

(4) "FSMTB" means the Federation of State Massage Therapy Boards.

([3]5) "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.

(6) "Massage client services" means practicing the techniques and skills learned as an apprentice on the public in training under direct supervision.

([4]7) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

(8) "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.

([5]9) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 47b, is further defined, in accordance with Subsection 58-1-203([5]1) (e) in Section R156-47b-502.

 

R156-47b-302[a]. Qualifications for Licensure as a Massage Therapist - Massage School Curriculum Standards[- Equivalent Education and Training].

(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]kinesiology - [150]125 hours;

(ii) pathology - 40 hours;

(ii i) massage theory including the five basic Swedish massage strokes - [300]285 hours;

([iii]iv) professional standards, ethics and business practices - 35 hours;

([i]v) [safety and] sanitation and universal precautions including CPR and first aid - 15 hours;

(v i) clinic[or practicum] - 100 hours; and

(vi i) 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] Examination for Therapeutic Massage and Bodywork (NCBTMB)[, National Certification Examination] Content Outline, published [July 2003]January 2010, and the National Certification Examination for Therapeutic Massage (NCETM) Content Outline, published January 2010 which [is]are 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.]

 

R156-47b-302a. Qualifications for Licensure - Equivalent Education and Training.

(1) In accordance with Subsection 58-47b-302(2)(e)(i)(B), an applicant who completes equivalent education and training must provide documentation of:

(a)(i) graduation from a licensed or recognized school outside the state of Utah with a minimum of 500 hours;

(ii) completion of the examination requirements; and

(iii) practice as a licensed massage therapist for a minimum of 2,000 hours; or

(b)(i) foreign education and training approval by NCBTMB as evidenced by current NCBTMB certification; and

(ii) practice as a licensed massage therapist for a minimum of 2,000 hours; or

(c)(i) completion of an equivalent apprenticeship program outside the state of Utah;

(ii) completion of the examination requirements; and

(iii) practice as a licensed massage therapist for a minimum of 4,000 hours.

 

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 National Certification Examination for Therapeutic Massage and Bodywork (NCETMB);

(ii) the National Certification Examination for Therapeutic Massage (NCETM);[or]

(iii) the National Examination for State Licensure (NESL); or

([iii]iv) 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.

 

R156-47b-302c. Apprenticeship Standards for a Supervisor.

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) anatomy, physiology and kinesiology - 125 hours;

(b) pathology - 40 hours;

([a]c) massage theory - 50 hours;

(d) massage techniques including the five basic Swedish massage strokes - 120 hours;

([b]e) massage client service - 300 hours;

([c]f) hands on instruction - [325]310 hours;[

(d) massage techniques - 120 hours;

(e) anatomy, physiology and pathology - 150 hours;]

([f]g) professional standards, ethics and business practices - [25]40 hours; and

[(g) ethics - 15 hours; and

](h) [safety and] sanitation and universal precautions including CPR and first aid - 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]d) only be performed on the public; all other hands on instruction or practice must be performed by [an]the apprentice on an apprentice or supervisor.

 

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 s 12 and 13, [shall]may 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.

 

R156-47b-601. Standards for Animal Massage Training.

In accordance with Subsection 58-28-[8]307(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.

 

KEY: licensing, massage therapy

Date of Enactment or Last Substantive Amendment: [February 21, 2008]2010

Notice of Continuation: January 31, 2006

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