The Board proposes the rule to reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement and will now be required to apply to the Department of Health using a new form incorporated in the rule ....

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-25.004Endorsements

PURPOSE AND EFFECT: The Board proposes the rule to reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement and will now be required to apply to the Department of Health using a new form incorporated in the rule titled Mobile Opportunity by Interstate Licensure Endorsement (MOBILE).

SUMMARY: The Board proposes the rule to reflect the new requirements in s. 456.0145, F.S., regarding licensure by endorsement and will now be required to apply to the Department of Health using a new form incorporated in the rule titled Mobile Opportunity by Interstate Licensure Endorsement (MOBILE).

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: 456.013(2), 456.0145(5), 480.035(7) FS.

LAW IMPLEMENTED: 456.013(2) 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: Stephanie Webster, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3257, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 Rule 64B7-27.100, F.A.C.;

(2) Submits a completed application on form DH-MQA-5103 (eff. 07/24), “Mobile Opportunity by Interstate Licensure Endorsement”, hereby incorporated by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-                         ,  or the Board of Massage Therapy, Department of Health, 4052 Bald Cypress Way, Bin #C-06. Tallahassee, Florida 32399, or at https://floridasmassagetherapy.gov/resources/. DH-MQA 1115, “Application for Massage Therapist License” (07/2022), adopted and incorporated by reference in Rule 64B7-25.001, F.A.C. and

(3) Demonstrates the requirements of section 456.0145(2), F.S., have been met. 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 Chapters 456, 480, F.S., and rule Division 64B7, F.A.C.

(4) Demonstrates that the 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 out-of-state license;

(5) Has no outstanding or unresolved complaints filed in any jurisdiction where licensure is held; and,

(6) Completes a 10 hour Florida Laws and Rules course offered by a board approved massage therapy school or board approved continuing education provider.

Rulemaking Authority 456.013(2), 456.0145(5), 480.035(7), 480.041(4)(c) FS. Law Implemented 456.013(2), 456.0145, 480.041(5)(c) 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, 3-22-18, 12-18-22, ____________.

 

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 24, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 20, 2024