58-47b-501.  Unlawful conduct.

(1)  “Unlawful conduct” includes:

Terms Used In Utah Code 58-47b-501

  • Breast: means the female mammary gland and does not include the muscles, connective tissue, or other soft tissue of the upper chest. See Utah Code 58-47b-102
  • Massage apprentice: means an individual licensed under this chapter as a massage apprentice. See Utah Code 58-47b-102
  • Massage assistant: means an individual licensed under this chapter as a massage assistant. See Utah Code 58-47b-102
  • Massage assistant in-training: means an individual licensed under this chapter as a massage assistant in-training. See Utah Code 58-47b-102
  • Massage therapist: means an individual licensed under this chapter as a massage therapist. See Utah Code 58-47b-102
  • 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
    (a)  practicing, engaging in, or attempting to practice or engage in the practice of massage therapy without holding a current license as a massage therapist or a massage apprentice under this chapter;

    (b)  advertising or representing oneself as engaging in the practice of massage therapy when not licensed to do so;

    (c)  practicing, engaging in, or attempting to practice or engage in the practice of limited massage therapy without holding a current license as a massage therapist, massage apprentice, massage assistant, or massage assistant in-training under this chapter;

    (d)  advertising or representing oneself as engaging in the practice of limited massage therapy when not licensed to do so; and

    (e)  massaging, touching, or applying any instrument or device by a licensee in the course of engaging in the practice of massage therapy or the practice of limited massage therapy to the:

    (i)  genitals;

    (ii)  anus; or

    (iii)  except as provided in Subsection (2), breasts of a female patron.
  • (2) 

    (a)  Subsection (1)(e)(iii) does not apply if a female patron:

    (i)  requests breast massage, as may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

    (ii)  subject to Subsection (2)(b), signs a written consent form before each time the procedure is performed.

    (b)  If the female patron is a minor, the female patron’s parent or legal guardian shall sign the written consent form described in Subsection (2)(a).

    Amended by Chapter 225, 2023 General Session