DEPARTMENT OF HEALTH
Board of Massage Therapy
RULE NUMBER:RULE TITLE:
64B7-30.002Disciplinary Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule published in Vol. 44 No. 14, January 22, 2018, issue of the Florida Administrative Register and the Notice of Change published in Vol. 44 No. 189, September 27, 2018, issue of the Florida Administrative Register, in accordance with subparagraph 120.54(3)(d)1., F.S.
64B7-30.002 Disciplinary Guidelines.
(1) through (2) No change.
(3) Disciplinary Guidelines
VIOLATION
FIRST OFFENSE
SECOND OFFENSE
(a) through (p) No change.
(q) Section 480.046(1)(p)
Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
Section 456.072(1)(b)
Intentionally violating any rule adopted by the board or the department, as appropriate.
Section 456.072(1)(dd)
Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto.
Reprimand, $250 fine to revocation
Reprimand, $1,000 fine, 30 day suspension to revocation
1. through 9. No change.
10. Rule 64B7-26.010
(1) through (3) No change.
(4) As used in this rule, “sexual activity” means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this subsection, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation has occurred. Nothing herein shall be interpreted to prohibit a licensed massage therapist, duly qualified under Rules 64B7-29.007 and 32.005, 64B7-31.001, F.A.C, from practicing colonic irrigation.
$2,500 fine and, revocation to $10,000 fine and revocation
(r) through (ee) No change.
(4) No change.
Rulemaking Authority 456.072(2), 456.079(1), (3), 480.035(7) FS. Law Implemented 456.072(2), 456.079(1), (2), (3), 480.041, 480.043, 480.046, 480.047 FS. History‒New 3-26-87, Formerly 21L-30.002, Amended 9-30-93, 12-12-93, 8-16-94, 10-1-95, 2-5-96, 5-12-96, 5-29-97, Formerly 61G11-30.002, Amended 2-18-98, 11-4-98, 1-26-00, 10-7-02, 10-12-03, 12-13-05, 5-19-13, 12-2-14, .
