The Board proposes to clarify rule and update application.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-26.007Massage Establishment Change of Name/Location

PURPOSE AND EFFECT: The Board proposes to clarify rule and update application.

SUMMARY: To clarify rule and update application.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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(3), (11) 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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Danielle Terrell, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B7-26.007 Massage Establishment Change of Name/Location.

If there is When there is no transfer change of ownership of, the establishment license pursuant to Section 480.043(9)(a), F.S., an establishment owner the massage establishment may transfer change the business name of the establishment pursuant to Section 480.043(9)(c), F.S. or transfer the location of the establishment, pursuant to Section 480.043(9)(b), F.S.

(1) To transfer change only the business name of an massage establishment, the massage establishment owner must:shall

(a) Pay to the Department the fee provided in Rule 64B7-27.001(2)(d), F.A.C.;

(b) Ssubmit a completed application on Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/202207/19), incorporated herein by reference., accompanied by the application fee provided in paragraph 64B7-27.100(2)(d), F.A.C. The form may be obtained from the bBoard office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at https://floridamassagetherapy.gov/applications/massage-app-estab-change-location-name.pdf   http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-       11376. To submit a change of name online, visit https://flhealthsource.gov/mqa-services.

(c) An inspection is not required when only transferring an establishment name a massage establishment’s name is changed.

(2) To transferchange only the location of the massage establishment, the massage establishment owner must:shall

(a) Pay to the Department the fee provided in Rule 64B7-27.001(2)(e), F.A.C.; and,

(b)Ssubmit a completed application on Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/2022Rev. 07/19)., accompanied by the application fee provided in paragraph 64B7-27.100(2)(e), F.A.C.

(c)The massage establishment may not operate in the newchange locations until:

1. An inspection is completed pursuant to Section 480.043(9)(b), F.S.;

2. Aa passing inspection result is receivedhas been received by the department which demonstrates that the new location of the massage establishment is to be used for “massage therapy” as defined in Section 480.033(113), F.S., and that the new location is in compliance with Chapters 456 and 480, F.S. and related rules; and,

3. Tthe and transferchange of location is approved by the Department.

(3) To transferchange the location and business name of the establishment, the massage establishment owner must:shall

(a) Pay to the Deaprtment the fee provided in Rule 64B7-27.001(2)(e), F.A.C.; and,

(b) Ssubmit a completed application on Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/202207/19).,

(c) The massage establishment may not operate in the new location change locations until:accompanied by the application fee provided in paragraph 64B27-100(2)(d), F.A.C.

1. An inspection is completed pursuant to Section 480.043(9)(b), F.S.;

2. Aa passing inspection result ishas been received by the department which demonstrates that the new location of the massage establishment is to be used for “massage therapy” as defined in Section 480.033(113), F.S., and that the new location is in compliance with Chapters 456 and 480, F.S.; and,

3. Tthe transfer change and related rules, and of location is approved by the Department.

Rulemaking Authority 480.035(7), 480.043(3), (11) FS. Law Implemented 480.043, 456.0635 FS. History–New 5-17-90, Formerly 21L-26.007, 61G11-26.007, Amended 9-14-98, 10-8-14, 12-25-19, ________________.

 

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: September 28, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 6, 2022