Utah Code § 58-47b-304

Current through the 2024 Fourth Special Session
Section 58-47b-304 - Exemptions from licensure
(1) In addition to the exemptions from licensure in Section 58-1-307, the following individuals may engage in the practice of massage therapy or the practice of limited massage therapy, subject to the stated circumstances and limitations, without being licensed under this chapter:
(a) a physician or surgeon licensed under Chapter 67, Utah Medical Practice Act;
(b) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act;
(c) a nurse licensed under Chapter 31b, Nurse Practice Act, or under Chapter 44a, Nurse Midwife Practice Act;
(d) a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act;
(e) a physical therapist assistant licensed under Chapter 24b, Physical Therapy Practice Act, while under the general supervision of a physical therapist;
(f) an osteopathic physician or surgeon licensed under Chapter 68, Utah Osteopathic Medical Practice Act;
(g) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act;
(h) a hospital staff member employed by a hospital, who practices massage as part of the staff member's responsibilities;
(i) an athletic trainer licensed under Chapter 40a, Athletic Trainer Licensing Act;
(j) a student in training enrolled in a massage therapy school approved by the division;
(k) a naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act;
(l)
(i) an occupational therapist licensed under Chapter 42a, Occupational Therapy Practice Act; and
(ii) an occupational therapy assistant licensed under Chapter 42a, Occupational Therapy Practice Act, while under the general supervision of an occupational therapist;
(m) an individual performing animal massage therapy under the rules made by the division in accordance with Subsection 58-28-307(12);
(n) an individual performing gratuitous massage; and
(o) an individual:
(i) certified by or through, and in good standing with, an industry organization that is recognized by the division and that represents a profession with established standards and ethics:
(A) who is certified to practice reflexology and whose practice is limited to the scope of practice of reflexology;
(B) who is certified to practice a type of zone therapy, including foot zone therapy, and whose practice is limited to the scope of practice for which the individual is certified;
(C) who is certified to practice ortho-bionomy and whose practice is limited to the scope of practice of ortho-bionomy;
(D) who is certified to practice bowenwork and whose practice is limited to the scope of practice of bowenwork; or
(E) who is certified to practice a type of brain integration and whose practice is limited to the scope of practice for which the individual is certified;
(ii) whose clients remain fully clothed from the shoulders to the knees; and
(iii) whose clients do not receive gratuitous massage from the individual.
(2) An individual described in Subsection (1) may not represent oneself as a massage therapist, massage apprentice, massage assistant, or massage assistant in-training.
(3) This chapter may not be construed to:
(a) authorize any individual licensed under this chapter to engage in any manner in the practice of medicine as defined by the laws of this state;
(b) require insurance coverage or reimbursement for massage therapy or limited massage therapy from third party payors; or
(c) prevent an insurance carrier from offering coverage for massage therapy or limited massage therapy.

Utah Code § 58-47b-304

Amended by Chapter 455, 2024 General Session ,§ 2, eff. 5/1/2024.
Amended by Chapter 225, 2023 General Session ,§ 7, eff. 5/3/2023.
Amended by Chapter 403, 2021 General Session ,§ 1, eff. 5/5/2021.
Amended by Chapter 349, 2019 General Session ,§ 49, eff. 5/14/2019.
Amended by Chapter 98, 2019 General Session ,§ 1, eff. 5/14/2019.
Amended by Chapter 348, 2014 General Session ,§ 1, eff. 5/13/2014.
Amended by Chapter 330, 2014 General Session ,§ 1, eff. 5/13/2014.
Amended by Chapter 220, 2009 General Session
See Chapter 348, 2014 General Session , § 2.
See Chapter 330, 2014 General Session , § 2.

Affected by 63I-1-258 on 7/1/2024