DAR File No. 38329

Commerce, Consumer Protection

Rule R152-23

Utah Health Spa Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 38329
Filed: 03/05/2014 04:22:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The administrative rule definition of "personal trainer" caused more confusion for applicants than guidance.

Summary of the rule or change:

The definition of "Personal Trainer" is being eliminated from the Definitions section of the administrative rule and registration requirements for personal trainers are clarified.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The state budget will not be affected because there are no enforcement costs associated with this amendment.

local governments:

Local governments will not be affected because they do not enforce the Health Spa Services Protection Act.

small businesses:

Health spas that qualify as small businesses will benefit from the elimination of a confusing definition.

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

Persons that offer health spa services will benefit from the elimination of a confusing definition.

Compliance costs for affected persons:

There will be no compliance costs for affected persons associated with the elimination of a definition. The registration requirements remain the same, so compliance costs will remain the same.

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:

• Angela Hendricks at the above address, by phone at 801-530-6035, by FAX at 801-538-6001, or by Internet E-mail at ahendricks@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:

05/01/2014

This rule may become effective on:

05/08/2014

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