64B7-25.001 To clarify licensing requirements for massage therapists in the State of Florida 54B7-25.0011 Being repealed 64B7-25.004 To open additional pathways to licensure by endorsement for therapists licensed in other states by allowing ...

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NOS.: RULE TITLES:

64B7-25.001 Examination Requirements

64B7-25.0011 Colonic Irrigation Application

64B7-25.004: Endorsements

PURPOSE AND EFFECT: Rule 64B7-25.001, F.A.C. To clarify licensing requirements for massage therapists in the State of Florida

Rule 54B7-25.0011, F.A.C. Being repealed

Rule 64B7-25.004, F.A.C. To open additional pathways to licensure by endorsement for therapists licensed in other states by allowing submission of approved examination results for examinations completed subsequent to the issuance of licensure in the endorsing state.

SUMMARY: Rule 64B7-25.001, F.A.C. Clarify licensing requirements.

Rule 54B7-25.0011, F.A.C. Being repealed

Rule 64B7-25.004, F.A.C. To open additional pathways to licensure by endorsement.

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 these rules 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 rules 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: 456.013(2), 456.013(7), 456.017(1)(c), 480.035(7), 480.041(2), 480.041(4)(b), 480.041(4)(c), 480.042(1), 480.044 FS.

LAW IMPLEMENTED: 456.013(2), 456.013(7), 456.017(1)(c), 456.0635, 480.041, 480.041(4)(b), 480.041(4)(c), 480.042, 480.044 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 64B7-25.001 follows.  See Florida Administrative Code for present text.

64B7-25.001 Examination Requirements.

(1) The Department shall issue a license by examination to a person who:

(a) Pays to the Department the initial licensure fee set forth in subsection 64B7-27.100, F.A.C.;

(b) Submits a completed application on form DH-MQA 1115, “Massage Therapist Licensure Application,” (Rev. 7/16). The form and the attached instructions are 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/massage-app.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-07947. To apply on-line, visit https://flhealthsource.gov/mqa-services;

(c) Provides proof of graduation per 64B7-32.002, F.A.C., from a Board-approved massage school as defined in 480.033(9). F.A.C.;

(d) Presents certification to the Board of successful completion of an approved examination for licensure; and

(e) Submits to the background screening provisions as set forth in 456.0135, F.S.

(2) Prior to the practice of colon hydrotherapy, any licensed massage therapist or massage therapy apprentice must:

(a) Submit a completed application on form DH-MQA 1247 (Rev. 01/13). 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/massage-colon-upgrade.pdf or http://www.flrules.org/gateway/reference.asp?No=Ref-02749. To apply on-line, visit http://fflhealthsource.gov/mqa-services;

(b) Provide proof of completion of a course of study in colonic irrigation at a Board approved massage school per 64B7-32.005, F.A.C., or a course of study equal to or more stringent than the course of study in colonic irrigation in 64B7-32.005(3), F.A.C., with an approved provider or school in another state, or a colonic irrigation apprenticeship per 64B7-29.007, F.A.C.; and

(c) Present certification to the Board of successful completion of an approved examination for colonic irrigation.

(3) The Board approves the following examinations for licensure:

(a) The Massage and Bodywork Licensing Examination administered by the Federation of State Massage Therapy Boards;

(b) National Certification Board for Therapeutic Massage and Bodywork Examination;

(c) National Certification Examination for Therapeutic Massage;

(d) National Exam for State Licensure option administered by the National Certification Board for Therapeutic Massage and Bodywork.

(e) The state examination in Florida, offered prior to 1996.

(4) The Board approves the following examination for certification in colonic irrigation: The National Board for Colon Hydrotherapy Examination.

Rulemaking Authority 456.013(7), 456.017(1)(c), 480.035(7), 480.041(2), 480.042(1), 480.044 FS. Law Implemented 456.013(7), 456.017(1)(c), 456.0635, 480.041, 480.042, 480.044 FS. History–New 11-27-79, Amended 9-2-80, 10-9-85, Formerly 21L-25.01, Amended 12-22-92, 3-24-93, 5-20-93, Formerly 21L-25.001, Amended 8-12-93, 6-28-94, 8-18-96, Formerly 61G11-25.001, Amended 5-20-98, 7-30-02, 3-31-08, 6-15-09, 9-6-09, 6-2-10, 12-24-13, 6-2-14, 10-2-14, 3-14-16, 10-2-16, 3-13-17,                       .

 

64B7-25.0011 Colonic Irrigation Application.

Rulemaking Authority 480.041(4)(b) FS. Law Implemented 480.041(4)(b) FS. History–New 11-25-80, Amended 7-12-82, Formerly 21L-25.011, Amended 3-12-90, Formerly 21L-25.0011, Amended 9-30-93, 9-15-94, 7-2-96, Formerly 61G11-25.0011, Amended 11-2-00, 6-19-13, Repealed                    .

 

64B7-25.004 Endorsements.

The Department shall issue a license by endorsement to a person who:

(1) Pays to the Department the initial licensure fee set forth in subsection 64B7-27.001, F.A.C.; and,

(2) Submits a completed application on form DH-MQA 1115, “Massage Therapist Licensure Application,” (Rev. 7/16), adopted and incorporated by reference in Rule 64B7-25.001, F.A.C.; and,

(3) Is currently licensed and has practiced massage under the laws of another state, and was required, in order to be so licensed to meet standards of education or apprenticeship training substantially similar to, equivalent to, or more stringent than those required for licensure by 456 F.S., 480.F.S. and Rule Title 64B7, F.A.C. Florida law and these rules; and,

(4) Demonstrates that the his out-of-state license was issued upon the satisfactory completion of an examination comparable to the examination approved by the Board or presents certification to the Board of successful completion of an approved examination for licensure subsequent to the issuance of the our-of-state license; and,

(5) Has no outstanding or unresolved complaints filed against him or her in any the jurisdiction where of licensure is held; and,.

(6) Completes a 10 hour Florida Laws and Rules course offered by a Board approved school or Board approved continuing education provider. current curriculum course from a Board approved school covering the Florida Statutes and rules related to massage therapy.

Rulemaking Authority 456.013(2), 480.035(7), 480.041(4)(c) FS. Law Implemented 456.013(2), 480.041(4)(c) FS. History–New 11-27-79, Amended 7-9-80, 8-29-83, 10-9-85, Formerly 21L-25.04, Amended 6-12-88, 8-15-89, 2-11-93, Formerly 21L-25.004, Amended 9-15-94, 1-9-95, 8-18-96, 1-29-97, Formerly 61G11-25.004, Amended 6-22-99, 12-6-06, 3-31-08, 6-15-09, 7-21-10, 1-16-14, 3-13-17,                        .

 

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