the systematic manual manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, relaxation, or achieving homeostasis;
(ii)
seated chair massage;
(iii)
the use of body wraps;
(iv)
aromatherapy;
(v)
reflexology; or
(vi)
in connection with an activity described in this Subsection (9), the use of:
the examination, assessment, and evaluation of the soft tissue structures of the body for the purpose of devising a treatment plan to promote homeostasis;
(b)
the systematic manual or mechanical manipulation of the soft tissue of the body for the purpose of promoting the therapeutic health and well-being of a client, enhancing the circulation of the blood and lymph, relaxing and lengthening muscles, relieving pain, restoring metabolic balance, or achieving homeostasis, or for any other purpose;
(c)
the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10);
(d)
the use of rehabilitative procedures involving the soft tissue of the body;
(e)
range of motion or movements without spinal adjustment as set forth in Section 58-73-102;
(f)
the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths;
(g)
manual traction and stretching exercise;
(h)
correction of muscular distortion by treatment of the soft tissues of the body;
(i)
counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain;
(j)
activities and modality techniques similar or related to the activities and techniques described in this Subsection (10);
(k)
a practice described in this Subsection (10) on an animal to the extent permitted by:
providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact. See Utah Code 58-47b-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
(2)
The division shall:
(a)
in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(b)
submit from each applicant the fingerprint card and the fees described in Subsection (2)(a) to the Bureau of Criminal Identification; and
(c)
obtain and retain in division records a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each applicant.
(3)
The Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(a)
check the fingerprints submitted under Subsection (2)(b) against the applicable state and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history background checks to the division.
(4)
For purposes of conducting a criminal background check required under this section, the division shall have direct access to criminal background information maintained under 2.
(5)
The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.
(6)
(a)
A new license issued under this chapter is conditional pending completion of the criminal background check.
(b)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check required in Subsection 58-47b-302(7) demonstrates the applicant has failed to accurately disclose a criminal history, the license is immediately and automatically revoked upon notice to the licensee by the division.
(c)
A person whose conditional license is revoked under Subsection (6)(b) is entitled to a postrevocation hearing to challenge the revocation.
An applicant who successfully completes a background check under this section may not be required by any other state or local government body to submit to a second background check as a condition of lawfully engaging in the practice of massage therapy or the practice of limited massage therapy in this state.
