DAR File No. 39238

Commerce, Occupational and Professional Licensing

Section R156-47b-302a

Qualifications for Licensure - Equivalent Education and Training

Notice of Proposed Rule

(Amendment)

DAR File No.: 39238
Filed: 03/24/2015 01:41:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Massage Therapy Board reviewed the rule and determined changes needed to be made to update the foreign education and training approval bodies since the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) no longer provides certification for foreign education for massage therapy.

Summary of the rule or change:

Amendments in this section delete foreign education and training approval by NCBTMB and add the following approved credential evaluation services: Josef Silny and Associates, Inc., International Education Consultants, and Educational Credential Evaluators, Inc.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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 applicants for licensure as a massage therapist who needs foreign education and training evaluated. As a result, the proposed amendments do not apply to local governments.

small businesses:

A small business that has been submitting its foreign education programs to the NCBTMB for approval will be required to use a different approval body. The new approval body will charge a fee to review and analyze the programs. It is anticipated that this fee will be substantially equivalent to what small businesses have historically paid the NCBTMB for this service. Any increase in cost is outside the control of the Division.

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

Other persons who have been submitting their foreign education programs to the NCBTMB for approval will be required to use a different approval body. The new approval body will charge a fee to review and analyze the programs. It is anticipated that this fee will be substantially equivalent to what other persons have historically paid the NCBTMB for this service. Any increase in cost is outside the control of the Division.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a massage therapist who needs foreign education and training evaluated. These applicants will remain obligated to obtain approval of any foreign education program that is proposed as satisfying the licensing requirements for the massage therapy license. The costs of obtaining that approval are not within the control of the Division and cannot be quantified.

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

As stated in the rule analysis, this filing names three education approval bodies that may be used by providers to obtain approval of education that is intended to satisfy the massage therapy licensing requirements. While the approval process does include costs, no new 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
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Maria Skedros (Lohse) at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at mskedros@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:

05/15/2015

This rule may become effective on:

05/22/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rule.

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]

(A) Josef Silny and Associates, Inc.;

(B) International Education Consultants; or

(C) Educational Credential Evaluators, Inc.; 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).

 

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

Date of Enactment or Last Substantive Amendment: [January 26, 2012]2015

Notice of Continuation: May 1, 2012

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