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First Substitute H.B. 147
Representative Katherine M. Bryson proposes to substitute the following bill:
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MASSAGE PRACTICE ACT - CONSENT FOR
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CHILDREN
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Katherine M. Bryson
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AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; MAKING IT UNLAWFUL
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FOR A MASSAGE THERAPIST OR APPRENTICE TO PERFORM MASSAGE THERAPY ON
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A MINOR WITHOUT PARENTAL CONSENT; AND MAKING TECHNICAL AND
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CONFORMING AMENDMENTS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-47b-102, as last amended by Chapter 159, Laws of Utah 1998
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58-47b-501, as last amended by Chapter 159, Laws of Utah 1998
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58-47b-503, as enacted by Chapter 76, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-47b-102
is amended to read:
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58-47b-102. Definitions.
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In addition to the definitions in Section
58-1-102
, as used in this chapter:
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(1) "Board" means the Utah Board of Massage Therapy created in Section
58-47b-201
.
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(2) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
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system.
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(3) "Massage apprentice" means an individual licensed under this chapter as a massage
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apprentice to work under the direct supervision of a licensed massage technician.
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(4) "Massage therapist" means an individual licensed under this chapter as a massage
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therapist.
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(5) "Minor" means a person under the age of 18 who:
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(a) is not married; and
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(b) has not been declared emancipated by a court of law.
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[(5)] (6) "Practice of massage therapy" means:
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(a) the examination, assessment, and evaluation of the soft tissue structures of the body
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for the purpose of devising a treatment plan to promote homeostasis;
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(b) the systematic manual or mechanical manipulation of the soft tissue of the body for the
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therapeutic purpose of:
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(i) promoting the health and well-being of a client;
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(ii) enhancing the circulation of the blood and lymph;
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(iii) relaxing and lengthening muscles;
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(iv) relieving pain;
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(v) restoring metabolic balance; and
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(vi) achieving homeostasis;
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(c) the use of the hands or a mechanical or electrical apparatus pursuant to Subsection
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(6)(b);
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(d) the use of rehabilitative procedures involving the soft tissue of the body;
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(e) range of motion or movements without spinal adjustment as set forth in Section
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58-73-102
;
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(f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
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baths;
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(g) manual traction and stretching exercise;
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(h) correction of muscular distortion by treatment of the soft tissues of the body;
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(i) counseling, education, and other advisory services to reduce the incidence and severity
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of physical disability, movement dysfunction, and pain; and
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(j) similar or related activities and modality techniques.
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[(6)] (7) "Soft tissue" means the muscles and related connective tissue.
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[(7)] (8) "Unlawful conduct" is as defined in Sections
58-1-501
and
58-47b-501
.
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[(8)] (9) "Unprofessional conduct" is as defined in Sections
58-1-501
and
58-47b-502
and
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as may be further defined by division rule.
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Section 2.
Section
58-47b-501
is amended to read:
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58-47b-501. Unlawful conduct.
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"Unlawful conduct" includes:
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(1) practicing, engaging in, or attempting to practice or engage in massage therapy without
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holding a current license as a massage therapist or a massage apprentice under this chapter;
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(2) advertising or representing himself as practicing massage therapy when not licensed
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to do so; and
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(3) massaging, touching, or applying any instrument or device [to the following areas of
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the body] by a licensee in the course of practicing or engaging in massage therapy to:
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(a) the genitals or anus of a patron; [and]
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(b) the breasts of a female patron h
[[] , except in cases in which the female patron []]
IS AN
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ADULT
AND
[[] states to a
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licensee that the patron requests breast massage and signs a written consent form authorizing the
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licensee to perform breast massage before the procedure []]
h [.] ; and
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(c) a patron who is a minor unless the licensee secured the written consent of the minor's
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parent, legal guardian, or other adult who is responsible for the minor.
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Section 3.
Section
58-47b-503
is amended to read:
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58-47b-503. Penalties.
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(1) Each violation of this chapter, other than a violation of Section
58-47b-501
, is a class
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B misdemeanor.
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(2) [Any] Unless Subsection (3) applies, an individual who commits an act of unlawful
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conduct under Section
58-47b-501
is guilty of a class A misdemeanor.
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(3) Sexual conduct that violates Section
58-47b-501
and Title 76, Criminal Code, shall be
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subject to the applicable penalties in Title 76.
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