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S.B. 132
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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; PERMITTING THE DIVISION OF
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OCCUPATIONAL AND PROFESSIONAL LICENSING TO CONDUCT CRIMINAL
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BACKGROUND CHECKS OF APPLICANTS; AMENDING THE EXEMPTIONS TO
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LICENSURE; CLARIFYING THE CONSENT NECESSARY FOR THERAPEUTIC BREAST
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MASSAGE; MAKING IT UNPROFESSIONAL CONDUCT TO PERFORM MASSAGE
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THERAPY ON A MINOR WITHOUT PARENTAL CONSENT; CLARIFYING THE
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PENALTIES FOR UNLAWFUL CONDUCT; AND MAKING CONFORMING AND
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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-502, 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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(6) "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)] (7) "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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whether human or animal, 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 (7);
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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)] (8) "Soft tissue" means the muscles and related connective tissue.
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[(7)] (9) "Unlawful conduct" is as defined in Sections
58-1-501
and
58-47b-501
.
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[(8)] (10) "Unprofessional conduct" is as defined in Sections
58-1-501
and
58-47b-502
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and 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) 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) pass examinations established by rule by the division in collaboration with the 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) provide satisfactory evidence to the division that the individual will practice as a
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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) 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) The division may, by rule, establish standards for when an applicant for licensure
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shall be required to submit identifying information, including fingerprints, to the division for a
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criminal background check as described in Subsection (4)(b)(i).
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(b) If standards are established under Subsection (4)(a), the division shall:
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(i) submit the applicant's identifying information to the Department of Public Safety for
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a determination, made and reported back to the division in a timely manner, of whether the records
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of the Department of Public Safety or the Federal Bureau of Investigation indicate that the
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applicant has a criminal history and, if so, what that history is; and
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(ii) adopt rules defining the circumstances, if any, under which a person who has been
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convicted of a crime may be licensed under this chapter, taking into account the nature of the crime
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as it relates to the practice of massage therapy.
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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 therapeutic breast massage and signs a written consent form
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authorizing the [licensee to perform breast massage] procedure and outlining the reason for it
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before the procedure is performed.
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Section 5.
Section
58-47b-502
is amended to read:
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58-47b-502. Unprofessional conduct.
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"Unprofessional conduct" includes the following and may be further defined by division
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rule:
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(1) maintaining, operating, or assisting in the establishment or operation of any place of
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business for the purpose of performing massage without first obtaining a business license, if a
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license is required;
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(2) failing to comply with any applicable ordinances relating to the regulation of massage
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establishment;
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(3) failing to comply with all applicable state and local health or sanitation codes;
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(4) failing to properly supervise an apprentice;
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(5) failing to maintain mechanical or electrical equipment in a safe operating condition;
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(6) failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or water
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baths;
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(7) prescribing or administering medicine or drugs;
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(8) providing massage therapy to a minor before obtaining the consent of a parent, legal
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guardian, or their designee in the manner required by rule;
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[(8)] (9) engaging in any act or practice in a professional capacity that is outside of the
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practice of massage therapy; and
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[(9)] (10) engaging in any act or practice in a professional capacity for which the licensee
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is not competent to perform through training or experience.
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Section 6.
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.
Legislative Review Note
as of 1-5-00 2:19 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.