(1) "Unlawful conduct" includes:

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;
2. (b) advertising or representing oneself as engaging in the practice of massage therapy when not licensed to do so;
3. (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;
4. (d) advertising or representing oneself as engaging in the practice of limited massage therapy when not licensed to do so; and

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

(2)

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

   1. (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. (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).