Department of Health, Board of Massage Therapy

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-26.002Licensure of Massage Establishments

PURPOSE AND EFFECT: The board proposes the rule amendment to update the rule text and form DH-MQA 1263, “Massage Establishment Licensure Application.”

Summary: Update incorporated application form and rule text.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS:

The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:  480.035(7), 480.043(2) FS.

LAW IMPLEMENTED:  480.043, 456.0635 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Claudia Kemp, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE IS:

 

64B7-26.002 Licensure of Massage Establishments.

(1) Each establishment, shall obtain a license from the Department as required by Section 480.043(1), F.S., by submitting a completed form DH-MQA 1263, “Massage Establishment Licensure Application” (Rev. 11/15 6/14), incorporated herein by reference, together with the fee set forth in subsection 64B7-27.100(2), F.A.C. The form and the attached instructions may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http://floridasmassagetherapy.gov/applications/app-bus-original-mt.pdf or http://www.flrules.org/Gateway/reference.asp?No=

Ref-                    04617.

(2) The application for licensure shall be submitted in the name of the owner or owners of the establishment. If the owner is a partnership, limited partnership or corporation, the application shall be submitted in the name of the business entitycorporation and shall be signed by an authorized corporate representative.

(3) An owner operatingmay operate an establishment under a fictitious name as defined in s. 865.09, F.S. name other than the name of the owner, must provided such name is submitted to the Board on the application for licensure. Any advertisement by the establishment of massage therapy must include the fictitious business name, and must comply with Rule 64B7-33.001, F.A.C.

(4) No change.

Rulemaking Authority 480.035(7), 480.043(2) FS. Law Implemented 480.043, 456.0635 FS. History–New 11-27-79, Formerly 21L-26.02, Amended 1-7-86, Formerly 21L-26.002, Amended 3-9-95, 9-25-95, Formerly 61G11-26.002, Amended 7-16-98, 1-26-00, 4-2-09, 10-7-14, ------------------.

 

NAME OF PERSON ORIGINATING RULE: Board of Massage Therapy

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Massage Therapy

DATE OF PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2015 and November 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2015