Substantial rewrite to update and clarify the rule and incorporate application.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.: RULE TITLE:

64B7-32.003: Minimum Requirements for Board Approved Massage Schools

PURPOSE AND EFFECT: Substantial rewrite to update and clarify the rule and incorporate application.

SUMMARY: Update and clarify rule

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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) FS.

LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) FS.

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

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Substantial rewording of Rule 64B7-32.003 follows.  See Florida Administrative for present text.

 

64B7-32.003 Minimum Requirements for Board Approved Massage Schools.

(1) In order to receive and maintain Board approval, an in-state school, and any satellite location of a previously approved in-state school, must:

(a) Submit a completed application on form DH-MQA 1266, Rev. 1/16, “Application for Massage Therapy School Approval,” The form is incorporated herein by reference and 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-mt-school.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-________. To apply on-line, visit http://flhealthsource.gov/mqa-services.

(b) Meet the requirements of and be licensed by the Department of Education pursuant to Chapter 1005, F.S., or be within the public school system of the State of Florida; and

(c) Offer a course of study that includes, at a minimum, the 500 classroom hours listed below, completed at a rate of no more than 6 classroom hours per day and no more than 30 classroom hours per calendar week:

Area of StudyClassroom Hours

Anatomy and Physiology150

Basic Massage Theory and History100

Clinical Practicum125

Allied Modalities76

Business15

Theory and Practice of Hydrotherapy15

Florida Laws and Rules10

(Chapters 456 and 480, F.S. and Chapter 64B7, F.A.C.)

Professional Ethics4

HIV/AIDS Education3

Medical Errors2

(d) Achieve a graduate passage rate not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time examinees on a Board approved examination during a calendar year.

1. If an in-state Board approved massage school’s graduate passage rates do not equal or exceed required passage rates for two consecutive calendar years, the school will be placed on probationary status pursuant to Chapter 120, F.S. The Board may require the program director to present a plan for remediation at a regularly scheduled meeting.

2. The Board will remove probationary status at a regularly scheduled meeting following release of the school’s graduate passage rate by the Board approved testing vendor and once the school achieves a graduate passage rate for any one calendar year that equals or exceeds the required passage rate. 

(2) An in-state Board approved school must notify the Board within 90 days of:

(a) Changes in curriculum,

(b) Changes in address,

(c) Changes in name.

(d) Changes in approved signer

(e) Changes in ownership

(3) Approval of an in-state Board approved massage school shall be rescinded or other action taken if the school:

(a) Modifies its course of study to fall below minimum standards, or fails to require its students to complete its course of study in order to graduate;

(b) Submits on behalf of an applicant for licensure documents containing information the school, through its owner, manager, faculty, or other employees or agents, knows to be false;

(c) Violates any standard applicable to the school pursuant to licensure by the Department of Education;

(d) Violates any applicable rule herein.

(e) Does not achieve the required passage rate for any one calendar year during the two calendar years following placement on probationary status, pursuant to Chapter 120, F.S.

(4) If an in-state Board approved massage school or any owner, manager, faculty, or other employee or agent is alleged to have violated any provision of Chapter 480, F.S. and Rule Chapter 64B7-32, F.A.C., or part therein;

(a) The Board shall inform the school of any alleged violations in writing. The school shall respond in writing. The school may request an appearance before the Board at the next scheduled meeting to explain any mitigating factors;

(b) If the Board determines that a school is in noncompliance, it may impose one of the following:

1. Corrective action required which shall include the time period in which the school must comply; or

2. Recission of Board approval.

(c) The Board shall inform the Florida Department of Education of the action taken.

(5) The Board shall review approval of an in-state school when a change in ownership occurs. If the Board determines that the school is in noncompliance with any provision of 480, F.S. and Rule Chapter 64B7-32, F.A.C., or part therein, it may impose one of the following:

1. Corrective action required which shall include the time period in which the school must demonstrate compliance;

2. Recission of Board approval. 

 

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Amended 8-15-89, 12-22-92, Formerly 21L-32.003, Amended 10-20-96, Formerly 61G11-32.003, Amended 8-16-98, 10-30-07, 4-25-10, 5-8-12,

                              .

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Massage Therapy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Massage Therapy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 4, 2018