To require a Designated Manager Establishment Manager to ensure that the establishment is compliant with new requirements associated with HB 197.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-26.0035Designated Establishment Managers

PURPOSE AND EFFECT: To require a Designated Manager Establishment Manager to ensure that the establishment is compliant with new requirements associated with HB 197.

SUMMARY: The proposed change will update the requirements for Designated Massage Establishment Managers to require the manager to ensure compliance with new requirements related to HB 197.

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, 480.035(7), 480.043(3), 480.044 FS.

LAW IMPLEMENTED: 456.013, 456.0635, 456.067, 480.043, 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: 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:

 

64B7-26.0035 Designated Establishment Managers.

(1) through (2) No Change.

(3) For each massage establishment, the massage therapist who serves as the DEM must:

(a) No Change.

(b) Ensure that every employee and massage therapist practicing in the massage establishment has displayed their picture, full legal name, employment position, and for massage therapists, their license as required by Rule 64B7-23.003, F.A.C.;

(c) through (e) No Change.

(f) Ensure that all employees are fully clothed in accordance with Section 480.043(14), F.S.;

(g)(f) Ensure compliance with the provisions of Sections 456.0341, and 480.043, F.S., regarding human trafficking signage and procedures by:

1. through 2. No Change.

3. No DEM shall engage in or permit any person or person to engage in sexual activity in the massage establishment or to use the massage establishment to make arrangements to engage in sexual activity in any other place. No DEM shall allow used or unused condoms in the establishment.

(4) No Change.

Rulemaking Authority 480.035(7), 480.043(3) FS. Law Implemented 480.043(12), 480.0535 FS. History‒New 8-31-20, Amended 3-13-22, ________________.

 

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 24, 2024