HB 278: Massage Therapy Amendments - Utah

Substitute #4 → Enrolled · 7 edits · Mar 26, 2025

MODERATE

This bill updates Utah's massage therapy laws to require all massage establishments to register with the state, mandates criminal background checks for both individual therapists and business owners, and clarifies definitions to distinguish between licensed therapists and unlicensed assistants. It also establishes stricter penalties for establishments engaging in unlawful conduct and sets a timeline to eventually repeal the 'massage assistant' license category.

Scope change

The bill expands regulatory oversight from just individuals to include the physical locations where massage services are provided, requiring owners of these locations to undergo background checks and register their businesses.

REQUIREMENT

Massage establishments must now register with the Division of Professional Licensing, provide physical addresses, and maintain records of employment relationships.

Criminal background checks are now mandatory for massage establishment owners, not just individual license applicants, with specific denial criteria for sex offenses.

Establishments must display registration numbers and signs indicating if services are performed by assistants or apprentices, and must verify that all providers are licensed.

DEFINITION

Definitions were updated to clearly distinguish between 'massage therapy' (supervised or billed to insurance) and 'limited massage therapy' (unsupervised and not billed), and to clarify what constitutes a 'sole practitioner' versus a 'massage establishment'.

ENFORCEMENT

New provisions allow the state to inspect massage establishments and impose citations or penalties for violations, including failure to register or allowing unlicensed individuals to work.

ELIGIBILITY

The 'massage assistant' and 'massage assistant-in-training' license categories are scheduled for repeal by July 1, 2029, shifting those roles to unlicensed positions under supervision.

TECHNICAL

A coordination clause was added to align this bill with a separate professional licensure bill (S.B. 44) regarding background check procedures.

Introduced → Substitute #1 · 7 edits

MODERATE

This bill significantly restructures Utah's massage therapy laws by splitting the practice into two distinct categories: 'clinical' (billed to insurance or for injuries) and 'non-clinical' (general wellness). It introduces a mandatory registration system for massage establishments and creates a new 'massage safety permit' requiring background checks and training on boundaries and consent. The bill also establishes a 'safe harbor' provision protecting landlords who rent to licensed therapists and sets a timeline to phase out the previous 'massage assistant' and 'assistant-in-training' licenses by 2029.

Scope change

The bill expands the regulatory scope to include mandatory registration for all massage establishments (with specific exemptions) and creates a new category of 'non-clinical massage therapy' that requires registration but not a full license. It also adds specific protections for property owners renting space to therapists.

DEFINITION

Created new definitions for 'clinical massage therapy' (for insurance/injury) and 'non-clinical massage therapy' (general wellness) to distinguish between the two types of services.

REQUIREMENT

Established a mandatory registration requirement for all massage establishments, requiring owners to register the business, provide background checks for owners, and display registration and staff credentials.

Introduced a new 'massage safety permit' requiring completion of an educational module on physical boundaries, draping, consent, and medical history.

ENFORCEMENT

Added a 'safe harbor' provision protecting landlords from liability if they verify a tenant is a credentialed massage therapist in good standing.

Expanded unlawful conduct for establishments to include operating without a valid registration or allowing uncredentialed individuals to perform non-clinical massage.

ELIGIBILITY

Replaced the 'massage assistant' and 'assistant-in-training' licenses with a new 'massage safety permit' and modified supervision requirements for apprentices and assistants.

TIMELINE

Scheduled the repeal of the 'massage assistant' and 'assistant-in-training' license categories on July 1, 2029.

Substitute #3 → Substitute #4 · 8 edits

MODERATE

This bill updates Utah's massage therapy licensing laws by adding registration requirements for massage establishments, clarifying definitions of practice types, and strengthening background check requirements for both individuals and establishment owners. The changes aim to improve consumer protection and regulatory oversight while maintaining flexibility for sole practitioners and exempted professionals.

Scope change

The bill expands regulatory oversight by requiring massage establishments to register separately from individual licenses, while maintaining exemptions for hospitals, physician offices, and sole practitioners who rent space exclusively to other sole practitioners.

REQUIREMENT

Massage establishments must now register with the Division of Professional Licensing, with separate registration required for each location even if multiple establishments exist at the same address.

Criminal background checks are now required for massage establishment owners, not just individual practitioners, with stricter denial criteria for those with sexual offense convictions.

Establishments must display registration information, individual licenses, and signage identifying services performed by assistants or apprentices.

Safe harbor provision added protecting licensed individuals who rent or lease space to sole practitioners from liability for the sole practitioner's actions.

DEFINITION

Clarified definitions distinguishing between 'massage therapy' (intended for insurance billing) and 'limited massage therapy' (not intended for insurance billing), and expanded the definition of 'massage establishment' to include locations rented to multiple sole practitioners.

ENFORCEMENT

New unlawful conduct provisions for establishments include operating without registration, harboring individuals, and performing services by unlicensed individuals.

TIMELINE

Massage assistant-in-training licenses now expire six months after issuance instead of the previous timeframe, with renewal only permitted under hardship circumstances.

TECHNICAL

Updated repeal dates for massage assistant and massage assistant-in-training provisions to July 1, 2029, and coordinated background check requirements with S.B. 44.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill updates Utah's massage therapy laws by adding mandatory registration for massage establishments, requiring criminal background checks for both practitioners and establishment owners, and clarifying definitions of massage services. It also creates new protections for individuals renting space to sole practitioners and establishes clearer standards for inspections and penalties.

Scope change

The bill expands regulatory oversight by requiring massage establishments to register and undergo criminal background checks for owners, while maintaining exemptions for certain facilities like hospitals and chiropractic offices.

REQUIREMENT

Massage establishments must now register with the Division of Professional Licensing and maintain registration documentation.

Criminal background checks are now required for massage establishment owners, not just individual practitioners.

Updated grounds for denial of registration for massage establishments, including restrictions on locations with prior revocations or sexual offense convictions.

DEFINITION

Clarified definitions for massage therapy types, including distinctions between clinical, limited, and non-clinical massage services.

ENFORCEMENT

New provisions allow the Division of Professional Licensing to inspect massage establishments with reasonable suspicion of violations.

ELIGIBILITY

Created a safe harbor provision protecting credentialed individuals who rent or lease space to sole practitioners from liability for the sole practitioner's actions.

TIMELINE

Scheduled repeal dates for massage assistant and massage assistant-in-training provisions, set to expire by 2029.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill updates Utah's massage therapy licensing laws to modernize requirements, add criminal background checks for both practitioners and establishment owners, and create a registration system for massage establishments. It redefines massage therapy categories, establishes new supervision standards, and sets repeal dates for older massage assistant provisions.

Scope change

The bill expands regulatory oversight by requiring massage establishments to register and adding criminal background checks for establishment owners, while maintaining exemptions for sole practitioners in their own spaces.

REQUIREMENT

Massage establishments must now register with the Division of Professional Licensing, with separate registration required for each location.

Criminal background checks are now required for massage establishment owners, not just individual practitioners.

Massage establishments must display registration information and signage identifying which services are performed by assistants or apprentices.

DEFINITION

Massage therapy is redefined into three categories: clinical, limited clinical, and non-clinical, with different supervision and licensing requirements for each.

ENFORCEMENT

New provisions allow the Division of Professional Licensing to inspect massage establishments and impose administrative penalties for violations.

ELIGIBILITY

Older massage assistant and massage assistant-in-training provisions are scheduled for repeal by 2029, transitioning to new credentialing categories.

TIMELINE

The bill takes effect on May 7, 2025, with various repeal dates scheduled between 2025 and 2034.

Massage Therapy Amendments

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