§ 58-47b-601 — Inspection.

(1) For the purpose of verifying compliance with this chapter, the division may enter and inspect the premises of any massage establishment.
(2) Before conducting an inspection under Subsection (1), the division shall:
(2)(a) give proper identification;
(2)(b) request the registration for the massage establishment;
(2)(c) describe the nature and purpose of the inspection; and
(2)(d) provide upon request, the authority of the division to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 58-47b-503.1.
(3) If during the inspection, the inspector has reasonable expectation that an occupant of a room is not fully clothed, the inspector shall allow the occupant a reasonable amount of time to dress before the inspector enters the room.
(4) In conducting an inspection under Subsection (1), the division may, after meeting the requirements of Subsection (2):
(4)(a) examine any record, device, equipment, machine, electronic device or media, or area related to the practice of massage therapy for the purpose of verifying compliance with the applicable provisions of this chapter;
(4)(b) reproduce any record or media at the division's own cost; and
(4)(c) take a device for further analysis if considered necessary.
(5) The owner or manager of the massage establishment shall assist the inspector by providing access to:
(5)(a) all areas of the massage establishment;
(5)(b) all personnel; and
(5)(c) all records requested by the inspector.
(6) If upon inspection the division concludes that a person has violated the provisions of this chapter, or a rule or order issued with respect to this chapter, and that disciplinary action is appropriate, the director or the director's designee shall issue a penalty or citation to the registrant.

Legislative History

Enacted by Chapter 236, 2025 General Session