Update statute references and revise timelines for mediation so that they do not conflict with citations timelines.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-30.005Mediation

PURPOSE AND EFFECT: Update statute references and revise timelines for mediation so that they do not conflict with citations timelines.

SUMMARY: Statute references and timelines.

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, based upon the expertise and experience of its members, 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: 456.078 FS

LAW IMPLEMENTED: 456.078 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:

 

64B7-30.005 Mediation.

Pursuant to Section 456.078, F.S., the Board designates first time violations of the following as appropriate for mediation:

(1) Violation of Section 480.0465 (1)(d), F.S.: failure to include license number in an advertisement.

(2) Violation of Section 480.047(1)(a), F.S. or Section 480.046(1)(fe) or (kj) or Section 480.047(1)(a), F.S.: practicing or allowing another person to practice on a delinquent license for 60 days or less.

(3) Violation of Section 480.046(1)(nm), F.S., if the violation did not present an immediate threat to public health.

(4) Violation of Section 480.046(1)(on), F.S.: practicing at an establishment with a license delinquent 60 days or less.

(5) through (12) No change. 

Rulemaking Authority 456.078 FS. Law Implemented 456.078 FS. History–New 1-2-95, Amended 4-21-97, Formerly 61G11-30.005, Amended 12-19-04, 5-15-13, 4-12-16,                         .

 

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: January 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 8, 2018