Commerce, Occupational and Professional Licensing

Section R156-47b-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 35498
Filed: 12/01/2011 11:24:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Massage Therapy Board determined that the term "manipulation" as indicated in Title 58, Chapter 47b, needed further clarification.

Summary of the rule or change:

The term "manipulation" is further clarified and defined in the rule. Remaining subsections have been renumbered.

State 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:

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. This further clarifying definition should also assist in the Division in any enforcement matters with respect to massage therapists and massage apprentices and any individuals who may be engaging in the unlicensed practice of massage therapy.

local governments:

The proposed amendments only apply to licensed massage therapists and massage therapists and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. However, the proposed amendment may provide potential licensees with clarification in potential employment situations and aid local jurisdictions with potential business regulation.

small businesses:

The proposed amendments only apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. A licensed massage therapist or massage apprentice may be employed by a company or practicing as an independent contractor in an office owned by a licensee or other individual which may qualify as a small business; however clarification of the practice requiring licensure would positively impact business licensure. The Division is not able to determine an exact cost or saving impact due to the varying circumstances or frequency involving potential employment.

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

The proposed amendments only apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. The proposed amendments will clarify when licensure is required to the benefit and safety of the public.

Compliance costs for affected persons:

The proposed amendments only apply to licensed massage therapists and massage apprentices and applicants for licensure in those classifications. The Division does not anticipate any increased compliance cost or impact for licensees based on the clarifying definition being proposed. However, it should be noted that unlicensed persons engaging in the practice of massage therapy may be subject to an administrative fine if found to be engaging in the unlicensed practice of massage therapy. The Division is not able to determine how many individuals may be engaging in the unlicensed practice of massage therapy.

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

No fiscal impact to businesses is anticipated from this rule filing which defines the term "manipulation" and thus clarifies the standards in the massage therapy profession.

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
HEBER M WELLS BLDG
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:

01/17/2012

Interested persons may attend a public hearing regarding this rule:

• 01/09/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

01/24/2012

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) "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.

(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.

(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.

(8) "Manipulation", as used in Subsection 58-47b-102(6)(b), means contact with movement, involving touching the clothed or unclothed body.

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

([9]10) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

([10]11) "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.

([11]12) "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: [August 23, 2011]2012

Notice of Continuation: December 6, 2010

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