The short title of this article 235 is the “Massage Therapy Practice Act”. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1155, § 1, effective October 1. Editor’s note: This section is similar to former § 12-35.5-101 as it existed prior to 2019.
The general assembly hereby finds and declares that it is in the interest of the public health, safety, and welfare to require massage therapists to be licensed. Because proper and safe massage therapy is of statewide concern, this article 235 is deemed to be an exercise of the police powers of the state. The general […]
Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 235. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1156, § 1, effective October 1.
As used in this article 235, unless the context otherwise requires: “Advertise” means to publish, display, or disseminate information and includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, […]
Only a person licensed under this article 235 to practice massage therapy may use the titles “massage therapist”, “licensed massage therapist”, “massage practitioner”, “masseuse”, “masseur”, the letters “M.T.” or “L.M.T.”, or any other generally accepted terms, letters, or figures that indicate that the person is a massage therapist. Source: L. 2019: Entire title R&RE with […]
Nothing in this article 235 shall be construed as authorizing a massage therapist to perform any of the following acts: The practice of medicine pursuant to article 240 of this title 12; The practice of physical therapy pursuant to article 285 of this title 12; The practice of chiropractic pursuant to article 215 of this […]
On or after July 1, 2014, except as otherwise provided in this article 235, a person in this state who practices massage therapy or who represents himself or herself as being able to practice massage therapy must possess a valid license issued by the director pursuant to this article 235 and rules promulgated pursuant to […]
Every applicant for a license to practice massage therapy shall: Attain a degree, diploma, or otherwise successfully complete a massage therapy program that consists of at least five hundred total hours of course work and clinical work from an approved massage school; Pass one of the following examinations: The massage and bodywork licensing examination offered […]
Licenses issued pursuant to this article 235 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall establish application forms for renewal of licenses and reinstatement of expired licenses. A person renewing or reinstating a license shall submit an application in the form and […]
Nothing in this article 235 prohibits or requires a massage therapy license for any of the following: The practice of massage therapy that is a part of a program of study by students enrolled in a massage therapy program at an approved massage therapy school. Students enrolled in the programs are to be identified as […]
The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has: Advertised, represented, or held himself or herself out as a licensed massage therapist after the expiration, suspension, or revocation of his or her license; Engaged in a sexual act with a client while a therapeutic relationship exists. For […]
The director may take disciplinary or other action as authorized in this section and section 12-20-404 upon proof that the person committed a violation of section 12-235-111. The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from engaging in or aiding and abetting an act or practice prohibited by […]
The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1166, § 1, effective October 1. Editor’s note: This section is similar to former § 12-35.5-113 as it existed prior to 2019.
If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may order the licensee to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. If a licensee refuses to submit to a mental […]
A person who practices or offers or attempts to practice massage therapy without an active license issued under this article 235 is subject to penalties pursuant to section 12-20-407 (1)(b). A person who knowingly aids or abets the unlicensed practice of massage therapy is subject to penalties pursuant to section 12-20-407 (1)(b). Source: L. 2019: […]
It is unlawful for any person to practice massage therapy within this state unless the person purchases and maintains professional liability insurance in an amount not less than fifty thousand dollars per claim with an aggregate liability limit for all claims during the year of three hundred thousand dollars. Professional liability insurance required by this […]
Except as provided in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this section. This section and section 12-30-108 do not apply to a massage therapist subject to discipline for prohibited activities as described in section 12-235-111 (1)(f). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), […]
The director shall promulgate rules pursuant to section 12-20-204. If the director promulgates rules regarding generally accepted standards of massage therapy care, the rules are not an exhaustive statement of the generally accepted standards of massage therapy care. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1170, § 1, effective […]
No city, county, city and county, or other political subdivision of this state shall enact or enforce any local ordinance that regulates the practice or the profession of massage therapy. Local government law enforcement agencies may inspect massage therapy licenses and the business premises where massage therapy is practiced for compliance with applicable laws. Nothing […]
This article 235, and the functions of the director as set forth in this article 235, are repealed, effective September 1, 2022. Before the repeal, the functions of the director are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1170, § 1, […]
