DAR File No. 40000

Commerce, Occupational and Professional Licensing

Rule R156-47b

Massage Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 40000
Filed: 12/22/2015 11:52:15 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Board of Massage Therapy determined an amendment is needed to address applicants who meet the required 600 education hours but are deficient in one or more of the required curriculum categories. Additional amendments are needed: 1) to reflect current exam requirements; and 2) to standardize the length of licensed experience for applicants who: a) complete education in the United States but not in Utah; b) complete foreign education; and c) complete an apprenticeship in the United States but not in Utah. An amendment is needed for a more consistent method to substantiate licensed experience. Massage therapists typically do not work regular hours or have the same service charges; therefore, it is difficult to determine hours worked based on income. Experience is changed from number of hours to years of experience, be it part-time or full-time.

Summary of the rule or change:

The existing Subsection R156-47b-302(3) is deleted as obsolete language per the change made to Subsection R156-47b-302b(1). A new Subsection R156-47b-302(3) is added to allow supplemental coursework to be considered when an applicant has completed the required 600 total education hours but has incidental deficiencies in one or more of the required curriculum. Subsection R156-47b-302a(1)(a)(iii) amends the minimum experience requirement for an applicant who completed education in the United states but not in Utah from 2,000 hours to 3 years of licensed experience. Subsection R156-47b-302a(1)(b)(ii) amends the minimum experience requirement for an applicant who completed foreign education from 2,000 hours to 3 years of licensed experience. Subsection R156-47b-302a(1)(c)(i) amends the out of state apprenticeship program "equivalent" requirement to "substantially equivalent" requirement, as determined by the Division in collaboration with the Board of Massage Therapy. Subsection R156-47b-302a(1)(c)(iii) amends the minimum experience requirement for an applicant who completes an apprenticeship in the Unites States but not in Utah from 4,000 hours to 3 years of licensed experience. Subsection R156-47b-302b(1) amends the examination requirement to require the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBlex) as the sole examination meeting the examination requirement. The deleted examinations are no longer in existence. Subsection R156-47b-302b(2) is deleted as redundant language. Subsection R156-47b-302b(2) is added to grandfather predecessor exams if the exam was passed during the time the exam was accepted by the Division.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Removes National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB) Content Outline, published by National Certification Board for Therapeutic Massage and Bodywork, January 2010
• Removes National Certification Examination for Therapeutic Massage (NCETM) Content Outline, published by National Certification Board of Therapeutic Massage and Bodywork, January 2010

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 apply only to licensed massage therapists, 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 will potentially affect licensed massage therapists who are generally self-employed, leasing space, or employed by a company. The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retake the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b-302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b-302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The Division is not able to estimate the aggregate cost savings to small businesses or the public.

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

The proposed amendments will potentially affect licensed massage therapists who are generally self-employed, leasing space, or employed by a company. The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retaking the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b-302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b-302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The Division is not able to estimate the aggregate cost savings to other businesses or the public.

Compliance costs for affected persons:

The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retaking the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b-302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b-302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The individual impact of such savings cannot be estimated.

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

This filing makes changes to: give the Division and Board discretion to license applicants who have completed the required 600 education hours, but are deficient in one or more of the required curriculum categories; reflect current exam requirements; and determine experience based on years of experience instead of number of hours. No costs are anticipated for small businesses due to these proposed amendments.

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:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@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:

02/16/2016

Interested persons may attend a public hearing regarding this rule:

• 01/19/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/23/2016

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-47b. Massage Therapy Practice Act Rule.

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

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 set forth in this section.[:]

(1) Curricula 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.

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

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

(b) pathology - 40 hours;

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

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

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

(f) clinic - 100 hours; and

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

(3) [In addition to the curriculum requirements of Subsection R156-47b-302a(2), 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.]The Division, in collaboration with the Board, may consider supplemental coursework of an applicant who has completed the minimum 600 curricula hours, but has incidental deficiencies in one or more of the categories specified in R156-47b-302(2)(a) through (f).

 

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]three years; or

(b)(i) foreign education and training approval by:

(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]three years; or

(c)(i) completion of an [equivalent ]apprenticeship program outside the state of Utah , deemed substantially equivalent as determined by the Division, in collaboration with the Board of Massage Therapy;

(ii) completion of the examination requirements; and

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

(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-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 pass [one of the following examinations:

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

(b) the National Certification Examination for Therapeutic Massage (NCETM);

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

(d) ]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.]Predecessor exams shall be accepted if the exam was passed during the time the exam was accepted by the Division.

 

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

Date of Enactment or Last Substantive Amendment: [May 28, 2015]2016

Notice of Continuation: May 1, 2012

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