File No. 34983

This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-47b

Massage Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34983
Filed: 06/28/2011 09:54:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Board reviewed the rule and determined amendments should be proposed to implement changes to update and clarify the curriculum requirements and equivalent education qualifications for licensure. The proposed amendments also add apprenticeship standards and conduct, add administrative penalties in accordance with H.B. 243 which was passed during the 2011 General Session, and make other technical corrections.

Summary of the rule or change:

Throughout the rule, capitalized the term "Division" where appropriate. In Section R156-47b-102, updated the definition of "clinic"; added new definitions for "distance learning" and "hands on instruction". The remaining subsections have been renumbered accordingly. In Section R156-47b-302, proposed amendments clarify curriculum registration standards and curriculum requirements for massage schools are updated to include specific areas of instruction to ensure competency. Subsections R156-47b-302a(2) and (3) are being added to provide exclusions for instruction or training while a student as opposed to an apprentice that would qualify an applicant for licensure. In Section R156-47b-302c, minor technical wording changes are made. Section R156-47b-302e is a new section and is being added to establish standards for massage therapy apprenticeship. In Section R156-47b-502, adds unsupervised practice as a licensed massage apprentice as an unprofessional conduct definition. Section R156-47b-503 is a new section and is being added with respect to administrative penalties.

State statutory or constitutional authorization for this rule:

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

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. Also, as a result of the fine authority allowed under H.B. 243, some general fund revenue may be generated. However, the Division is unable to determine any exact amount of revenue due to the lack of any degree of certainty as to how many citations may be issued by the Division to persons engaged in unlawful conduct with respect to the massage therapy profession.

local governments:

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

small businesses:

The proposed amendments only apply to licensed massage therapists and licensed massage apprentices and applicants for license in those classifications and massage therapy schools. Licensees and applicants for licensure may work in a small business; however, the business would not be directly affected unless persons requiring licensure, who are not licensed, are hired by the business. The Division would then enforce fine authority and penalties granted by H.B. 243. The proposed changes 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 current circumstances.

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

The proposed amendments, with the exception of fine authority and penalties, only apply to licensed massage therapists and licensed massage apprentices and applicants for licensure in those classifications as well as massage therapy schools. The proposed amendments may increase the cost to the consumer to obtain massage therapy services. However, the Division is not able to determine an exact cost due to a varying degree of circumstances. The proposed amendments will also cost those persons involved in unlawful practice and will generate general fund revenue. The proposed amendments will allow enforcement of the fine schedule proposed in Rule R156-1. The Division is not able to predict an exact cost due to the lack of any degree of certainty as to how many citations may be issued to persons engaged in unlawful conduct. 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 current circumstances.

Compliance costs for affected persons:

The proposed amendments, with the exception of fine authority and penalties, only apply to licensed massage therapists and licensed massage apprentices and applicants for licensure in those classifications as well as massage therapy schools. The proposed amendments may increase the cost to the consumer to obtain massage therapy services. However, the Division is not able to determine an exact cost due to a varying degree of circumstances. The proposed amendments will also cost those persons involved in unlawful practice and will generate general fund revenue. The proposed amendments will allow enforcement of the fine schedule proposed in Rule R156-1. The Division is not able to predict an exact cost due to the lack of any degree of certainty as to how many citations may be issued to persons engaged in unlawful conduct. 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 current circumstances.

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

No fiscal impact to businesses is anticipated regarding the Division's fine authority beyond those already addressed in the 2011 Legislative Session. The rule filing also makes technical changes, clarifies curriculum requirements and sets standards for conduct of apprentices and apprenticeship supervision. No fiscal impact to businesses is anticipated from such changes.

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:

08/15/2011

Interested persons may attend a public hearing regarding this rule:

  • 08/01/2011 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/22/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

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) "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.

(3) "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.

(4) "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.

([4]5) "FSMTB" means the Federation of State Massage Therapy Boards.

(6) "Hands on instruction" means direct experience with or application of the education or training in either a school of massage therapy or apprenticeship.

([5]7) "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.

([6]8) "Massage client services" means practicing the techniques and skills learned as an apprentice on the public in training under direct supervision.

([7]9) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

([8]10) "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.

([9]11) "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.

 

R156-47b-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 47b.

 

R156-47b-302. Qualifications for Licensure as a Massage Therapist - Massage School Curriculum Standards.

[(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]1) Curricula [must]shall:

(a) be registered with the Utah Department of Commerce, Division of Consumer Protection ; or

(b) be registered with an accrediting agency recognized by the United States Department of Education.

([b]2) Curricula shall be a minimum of 600 hours and shall include the following:

([i]a) anatomy, physiology and kinesiology - 125 hours;

([ii]b) pathology - 40 hours;

([iii]c) massage theory , massage techniques including the five basic Swedish massage strokes , and hands on instruction - 285 hours;

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

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

([vi]f) clinic - 100 hours; and

([vii]g) other related massage subjects as approved by the Division in collaboration with the Board.

([c]3) In addition to the curriculum requirements of Subsection R156-47b-302a([1]2)[(b)], new curricula shall include the major content areas, but are not required to meet the percentage weights of the National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB) Content Outline, published January 2010, and the National Certification Examination for Therapeutic Massage (NCETM) Content Outline, published January 2010 which are adopted and incorporated by reference.

 

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.

(2) Hours of supervised training while licensed as a massage therapy apprentice trained in accordance with Subsection R156-47b-302c(5) may not be used to satisfy any of the required minimum of 600 hours of school instruction specified in Section R156-47b-302(2).

(3) Hours of instruction or training obtained while enrolled in a school of massage having a curriculum meeting the standards in accordance with Section R156-47b-302(2) may not be used to satisfy the required minimum of 1,000 hours of supervised apprenticeship training specified in Subsection R156-47b-302c(5).

 

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 [d]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 [d]Division in collaboration with the [b]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 [d]Division in collaboration with the [b]Board;

(5) train the massage apprentice in the areas of:

(a) anatomy, physiology and kinesiology - 125 hours;

(b) pathology - 40 hours;

(c) massage theory - 50 hours;

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

(e) massage client service - 300 hours;

(f) hands on instruction - 310 hours;

(g) professional standards, ethics and business practices - 40 hours; and

(h) 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 :

(a) the number of hours of instruction and training completed[,];

(b) the number of hours of client services performed[,]; and

(c) the number of hours of training completed;

(9) make available to the [d]Division upon request, the apprentice's training records;

(10) verify the completion of the apprenticeship program on forms available from the [d]Division;

(11) notify the [d]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)(d) only be performed on the public; all other hands on instruction or practice must be performed by the apprentice on an apprentice or supervisor.

 

R156-47b-302e. Standards for an Apprentice.

In accordance with Subsection 58-47b-302(2)(e)(ii), an apprentice shall:

(1) not begin an apprenticeship program until:

(a) the apprentice is licensed; and

(b) the supervisor is approved by the Division;

(2) obtain training from an approved apprentice supervisor in the areas of:

(a) anatomy, physiology and kinesiology - 125 hours;

(b) pathology - 40 hours;

(c) massage theory - 50 hours;

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

(e) massage client service - 300 hours;

(f) hands on instruction - 310 hours;

(g) professional standards, ethics and business practices - 40 hours; and

(h) sanitation and universal precautions including CPR and first aid - 15 hours;

(3) follow the approved curriculum content outline:

(a) submitted with the apprentice application including the list of the resource materials to be used; or

(b) previously submitted by the approved supervisor meeting current requirements including the list of the resource materials to be used;

(4) display a conspicuous sign near the work station of the apprentice stating "Apprentice in Training";

(5) keep a daily record which shall include:

(a) the number of hours of instruction and training completed;

(b) the number of hours of client services performed; and

(c) the number of hours of training completed;

(6) make available to the Division, upon request, the training records;

(7) verify the completion of the apprenticeship program on forms available from the Division;

(8) notify the Division within ten working days if the apprenticeship program is terminated; and

(9) perform the massage client services required in Subsection (2)(d) only on the public under direct supervision; all other hands on instruction or practice must be performed by the apprentice on an apprentice or supervisor.

 

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) practicing as a massage apprentice without direct supervision in accordance with Subsection 58-47b-102(4);

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

([4]5) 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]6) failing to notify a client of any health condition the licensee may have that could present a hazard to the client;

([6]7) failure to use appropriate draping procedures to protect the client's personal privacy; and

([7]8) 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.

 

R156-47b-503. Administrative Penalties - Unlawful Conduct.

In accordance with Subsection 58-1-501(1)(a) and (c), unless otherwise ordered by the presiding officer, the fine schedule in Section R156-1-502 shall apply to citations issued under Title 58, Chapter 47b.

 

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

Date of Enactment or Last Substantive Amendment: [February 22, 2010]2011

Notice of Continuation: December 6, 2010

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

 


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact 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.