Utah Code 58-47b-502. Unprofessional conduct

58-47b-502. Unprofessional conduct.
“Unprofessional conduct” includes the following and may be further defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(1)	maintaining, operating, or assisting in the establishment or operation of any place of business for the purpose of performing the practice of massage therapy or the practice of limited massage therapy without first obtaining a business license, if a license is required;

Terms Used In Utah Code 58-47b-502

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
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
(2)	failing to comply with any applicable ordinances relating to the regulation of massage establishment;

(3)	failing to comply with all applicable state and local health or sanitation codes;

(4)	failing to properly supervise a massage apprentice, massage assistant, or massage assistant in-training;

(5)	failing to maintain mechanical or electrical equipment in a safe operating condition;

(6)	failing to adequately monitor patrons utilizing steam rooms, dry heat cabinets, or water baths;

(7)	prescribing or administering medicine or drugs;

(8)	engaging in any act or practice in a professional capacity that is outside of the practice of massage therapy or the practice of limited massage therapy; and

(9)	engaging in any act or practice in a professional capacity for which the licensee is not competent to perform through training or experience.

Amended by Chapter 225, 2023 General Session

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