(1) “Unlawful conduct” includes:

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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
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • 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 :
              (9)(a)(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;
              (9)(a)(ii) seated chair massage;
              (9)(a)(iii) the use of body wraps;
              (9)(a)(iv) aromatherapy;
              (9)(a)(v) reflexology; or
              (9)(a)(vi) in connection with an activity described in this Subsection (9), the use of:
                   (9)(a)(vi)(A) the hands;
                   (9)(a)(vi)(B) a towel;
                   (9)(a)(vi)(C) a stone;
                   (9)(a)(vi)(D) a shell;
                   (9)(a)(vi)(E) a bamboo stick; or
                   (9)(a)(vi)(F) an herbal ball compress. See Utah Code 58-47b-102
  • Practice of massage therapy: means :
         (10)(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;
         (10)(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;
         (10)(c) the use of the hands or a mechanical or electrical apparatus in connection with this Subsection (10);
         (10)(d) the use of rehabilitative procedures involving the soft tissue of the body;
         (10)(e) range of motion or movements without spinal adjustment as set forth in Section 58-73-102;
         (10)(f) the use of oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet baths;
         (10)(g) manual traction and stretching exercise;
         (10)(h) correction of muscular distortion by treatment of the soft tissues of the body;
         (10)(i) counseling, education, and other advisory services to reduce the incidence and severity of physical disability, movement dysfunction, and pain;
         (10)(j) activities and modality techniques similar or related to the activities and techniques described in this Subsection (10);
         (10)(k) a practice described in this Subsection (10) on an animal to the extent permitted by:
              (10)(k)(i) Subsection 58-28-307(12);
              (10)(k)(ii) the provisions of this chapter; and
              (10)(k)(iii) division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
         (10)(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
     (1)(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;
     (1)(b) advertising or representing oneself as engaging in the practice of massage therapy when not licensed to do so;
     (1)(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;
     (1)(d) advertising or representing oneself as engaging in the practice of limited massage therapy when not licensed to do so; and
     (1)(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:

          (1)(e)(i) genitals;
          (1)(e)(ii) anus; or
          (1)(e)(iii) except as provided in Subsection (2), breasts of a female patron.
(2)

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

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