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Second Substitute S.B. 132
Senator R. Mont Evans proposes to substitute the following bill:
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MASSAGE PRACTICE ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: R. Mont Evans
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AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; DEFINING TERMS;
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AMENDING THE SCOPE OF PRACTICE; REQUIRING APPLICANTS TO BE 18 OR OLDER
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AND TO SUBMIT TO A CRIMINAL BACKGROUND CHECK; RESTRICTING
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GOVERNMENTAL ENTITIES FROM REQUIRING A SECOND CRIMINAL BACKGROUND
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CHECK IF THE FIRST WAS SUCCESSFULLY COMPLETED; AMENDING THE
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EXEMPTIONS TO LICENSURE; CLARIFYING THE CONSENT NECESSARY FOR
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THERAPEUTIC BREAST MASSAGE; CLARIFYING THE PENALTIES FOR UNLAWFUL
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CONDUCT; AND MAKING CONFORMING AND TECHNICAL 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 21, Laws of Utah 1999
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58-47b-302, as last amended by Chapter 159, Laws of Utah 1998
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58-47b-304, as last amended by Chapter 21, Laws of Utah 1999
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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) "Breast" means the female mammary gland and does not include the muscles,
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connective tissue, or other soft tissue of the upper chest.
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[(2)] (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
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muscular system.
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[(3)] (4) "Massage apprentice" means an individual licensed under this chapter as a
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massage apprentice to work under the direct supervision of a licensed massage therapist.
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[(4)] (5) "Massage therapist" means an individual licensed under this chapter as a massage
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therapist.
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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 S [
,
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whether human or animal,
] s 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 in connection with this
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Subsection (6);
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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-302
is amended to read:
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58-47b-302. License classifications -- Qualifications for licensure.
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(1) The division shall issue licenses under this chapter in the classifications of:
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(a) massage therapist; and
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(b) massage apprentice.
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(2) Each applicant for licensure as a massage therapist shall:
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(a) submit an application in a form prescribed by the division;
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(b) pay a fee determined by the department under Section
63-38-3.2
;
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(c) be of good moral character;
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(d) be 18 years of age or older;
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[(d)] (e) have either:
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(i) (A) graduated from a school of massage having a curriculum which meets standards
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established by division rule made in collaboration with the board[, which may not exceed 1,000
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hours]; or
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(B) completed equivalent education and training in compliance with division rule; or
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(ii) completed a massage apprenticeship program consisting of a minimum of 1,000 hours
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of supervised training over a minimum of 12 months and in accordance with standards established
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by the division by rule made in collaboration with the board; and
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[(e)] (f) pass examinations established by rule by the division in collaboration with the
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board.
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(3) Each applicant for licensure as a massage apprentice shall:
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(a) submit an application in a form prescribed by the division;
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(b) pay a fee determined by the department under Section
63-38-3.2
;
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(c) be of good moral character;
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(d) be 18 years of age or older;
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[(d)] (e) provide satisfactory evidence to the division that the individual will practice as
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a massage apprentice only under the direct supervision of a licensed massage therapist in good
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standing and who has engaged in the lawful practice of massage therapy as a licensed massage
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therapist for not less than 6,000 hours; and
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[(e)] (f) successfully complete an examination as required by division rule.
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[(4) A person who qualified for the exemption to engage in lymphatic massage prior to
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July 1, 1998, may be licensed as a massage therapist by satisfying the requirements of Subsection
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(2)(a), (b), and (c) before January 1, 1999.]
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(4) (a) Any new massage therapist or massage apprentice applicant shall submit fingerprint
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cards in a form acceptable to the division at the time the license application is filed and shall
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consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the
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Federal Bureau of Investigation regarding the application.
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(b) The division shall request the Department of Public Safety to complete a Federal
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Bureau of Investigation criminal background check for each new massage therapist or apprentice
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applicant through the national criminal history system (NCIC) or any successor system.
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(c) The cost of the background check and the fingerprinting shall be borne by the
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applicant.
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(5) (a) Any new massage therapist or massage apprentice license issued under this section
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shall be conditional, pending completion of the criminal background check. If the criminal
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background check discloses the applicant has failed to accurately disclose a criminal history, the
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license shall be immediately and automatically revoked.
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(b) Any person whose conditional license has been revoked under Subsection (e)(i) shall
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be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
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conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
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(6) An applicant who successfully completes a fingerprint background check under
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Subsection (4) may not be required by any other state or local government body to submit to a
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second fingerprint background check as a condition of lawfully practicing massage therapy in this
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state.
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Section 3.
Section
58-47b-304
is amended to read:
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58-47b-304. Exemptions from licensure.
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(1) In addition to the exemptions from licensure in Section
58-1-307
, the following
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individuals may engage in the practice of massage therapy as defined under this chapter, subject
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to the stated circumstances and limitations, without being licensed, but may not represent
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themselves as a massage therapist or massage apprentice:
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(a) physicians and surgeons licensed under Title 58, Chapter 67, Utah Medical Practice
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Act;
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(b) nurses licensed under Title 58, Chapter 31b, Nurse Practice Act, or under Title 58,
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Chapter 44a, Nurse Midwife Practice Act;
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(c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice
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Act;
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(d) osteopathic physicians and surgeons licensed under Title 58, Chapter 68, Utah
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Osteopathic Medical Practice Act;
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(e) chiropractic physicians licensed under Title 58, Chapter 73, Chiropractic Physician
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Practice Act;
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(f) hospital staff members employed by a hospital who practice massage as part of their
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responsibilities;
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(g) athletic trainers who practice massage as part of their responsibilities while employed
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by an educational institution or an athletic team that participates in organized sports competition;
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(h) students in training enrolled in a massage therapy school approved by the division;
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[(i) until January 1, 1999, individuals engaging in lymphatic massage and who meet
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training standards as defined by division rule;]
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[(j)] (i) naturopathic physicians licensed under Title 58, Chapter 71, Naturopathic
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Physician Practice Act;
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[(k)] (j) occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy
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Practice Act; and
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[(l)] (k) persons performing gratuitous massage.
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(2) This chapter may not be construed to authorize any individual licensed under this
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chapter to engage in any manner in the practice of medicine as defined by the laws of this state.
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(3) This chapter may not be construed to:
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(a) create or require insurance coverage or reimbursement for massage therapy from third
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party payors if this type of coverage did not exist on or before February 15, 1990; or
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(b) prevent any insurance carrier from offering coverage for massage therapy.
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Section 4.
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) genitals or anus; and
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(b) breasts of a female patron, except [in cases in which the] when a female patron [states
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to a licensee that the patron] requests S [
therapeutic
] s breast massage, as may be further defined by
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division rule, and signs a written consent form h
, WHICH MUST ALSO INCLUDE THE SIGNATURE
159a
OF A PARENT OR LEGAL GUARDIAN IF THE PATRON IS A MINOR,
h authorizing the [licensee to
159b
perform breast massage]
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procedure and outlining the reason for it before the procedure is performed.
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Section 5.
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] (1) Except as provided in Subsection (2), any individual who commits an act
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of unlawful conduct under Section
58-47b-501
is guilty of a class A misdemeanor.
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(2) 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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