58-47b-305.  State and local jurisdiction.

(1) 

Terms Used In Utah Code 58-47b-305

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Practice of limited massage therapy: means :
(i) 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:
(A) the hands;
(B) a towel;
(C) a stone;
(D) a shell;
(E) a bamboo stick; or
(F) an herbal ball compress. See Utah Code 58-47b-102
  • Practice of massage therapy: means :
    (a) 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:
    (i) Subsection 58-28-307(12);
    (ii) the provisions of this chapter; and
    (iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
    (l) 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
  • Unlawful conduct: means the same as that term is defined in Sections 58-1-501 and 58-47b-501. See Utah Code 58-47b-102
  • (a)  The division is the only agency authorized to license individuals to engage in the practice of massage therapy or the practice of limited massage therapy within the state or any of the state’s political subdivisions.

    (b)  This chapter does not prevent any political subdivision of the state from enacting:

    (i)  ordinances governing the operation of establishments offering massages; or

    (ii)  ordinances regulating the practice of massage therapy or the practice of limited massage therapy, if the ordinances are not less stringent than this chapter.
  • (2)  This chapter does not prohibit any political subdivision of the state from prosecuting:

    (a)  an unlicensed individual who is engaged in the practice of massage therapy or the practice of limited massage therapy; or

    (b)  a licensed individual who is engaged in unlawful conduct.

    Amended by Chapter 225, 2023 General Session