1. STATE OF UTAH DEPARTMENT OF COMMERCE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING BUREAU OF INVESTIGATION Lynne Anthony Investigator

2. DOPL Currently, DOPL issues licenses in approximately 70 categories of licensure. The majority of these license categories include multiple license sub-classifications. Creating over 200 different types of licenses. For example, within the Massage profession licenses can be obtained for: Massage Therapist or Massage Therapist Apprentice

3. By the numbers... As of August 2015 over 206,000 individuals and businesses held licenses issued by DOPL. Of these licenses around 5,600 are massage therapy associated licenses Annually, DOPL reviews an average of 24,000 new applications and processes approximately 58,000 renewal applications.

4. Massage Therapy Concerns Unlicensed practice Violations of the Utah Massage Therapy Practice Act Illegal activity: prostitution, human trafficking money laundering, etc. Municipal violations: business licensing, health department, code enforcement, etc.

5. Unlicensed Practice... body rubs Backpage.com backpage.combackpage.com > Utah adult entertainment > Utah body rubsUtah adult entertainmentUtah body rubs fun sexy girl ready to rub you down- I guarantee you'll never wanna leave! I'm experienced in nirvana body rubs to make yours more then worth it!!! hurry& snag your chance with me before its too late. (801)639-9437 *shower available* *private location* *NOT AN OFFER FOR MASSAGE OR PROSTITUTION* Poster's age: 21 Location: holladay, Salt Lake City Other ads by this user: i wanna rub your wholebody - 21i wanna rub your wholebody - 21 (holladay) adult entertainment: body rubsadult entertainmentbody rubs

6.  LAYLA BODYWORK IS NOT AN OFFER FOR MASSAGE OR PROSTITUTION  This is not an ad for therapeutic massage or body rub as defined by Utah Code Title: 58 Chapter 47b Section 102  Body work is not an offer for massage  Please no inappropriate or illegal questions. *Not an offer for massage as defined by Utah state law Disclaimers...

7. ... reiki

8. As defined on the International Association of Reiki Professionals website : IARP.org Reiki is a spiritual healing art with its roots in Japanese origin. The word Reiki comes from the Japanese word (Rei) which means “Universal Life” and (Ki) which means “Energy”. Reiki is not affiliated with any particular religion or religious practice. It is not massage nor is it based on belief or suggestion. It is a subtle and effective form of energywork using spiritually guided life force energy.

9. If touching is involved there is no movement and no lotions or oils are typically used. Hands are place over the client for the transfer of energy.

10. Utah Board opinion on reiki: Should a reiki practitioner while performing the “spiritual healing art” involve the use of any of the methods outlined in the scope of practice of Massage Therapy, then the reiki practitioner must be licensed as a Massage Therapist See handout

11. Massage Parlor trends... Will have a DOPL licensed individual obtain the business license The licensed individual is not always if ever present After entering the facility those not licensed with the Division will say they do not do massage they do Reiki Photos used for advertising are not the individuals at the facility Language barrier at some facilities

12. Violations of the Utah Massage Therapy Practice Act Title 58-47b 58-47b-501 Unlawful Conduct (1)practicing, engaging in, or attempting to practice or engage in massage therapy without holding a current license as a massage therapist or a massage apprentice under this chapter  Unlicensed practice

13. (2) Advertising or representing oneself as practicing massage therapy when not licensed to do so 58-47b-501 Unlawful Conduct Jane Smith 1 hour $60  Representation

14. (3) Massaging, touching, or applying any instrument or device by a licensee in the course of practicing or engaging in massage therapy to: (a)genitals or anus; and (b) breasts of a female patron, except when a female patron requests breast massage, as may be further defined by division rule, and signs a written consent form, which must also include the signature of a parent or legal guardian if the patron is a minor authorizing the procedure and outlining the reason for it before the procedure is performed.  Sexual misconduct 58-47b-501 Unlawful Conduct

15. (1)(c) knowingly employing any other person to practice or engage in or attempt to practice or engage in any occupation or profession licensed under this title if the employee is not licensed to do so under this title; 58-1-501 Unlawful and Unprofessional Conduct A 1099 (independent contractor) is not considered an employee which means no violation for the business owner

16. Penalties Fine from $500 to $2,000 Additional fine can be imposed of $2,000 per day for each day of continued offense - Class A misdemeanor - Licensee can receive administrative sanctions on license

17.  June 10, 2015 7 massage parlors shut down, 2 arrested in prostitution sting  August 5, 2014 Massage parlor owner arrested on sexual solicitation charges  March 31, 2014 Massage parlor raided on suspicion of sex crimes  August 21, 2013 3 arrested in undercover investigation at massage parlor

18. Contact information: Lynne Anthony lanthony@utah.gov 801-580-3121