The Board proposes the rule amendment to update the rules text and incorporated applications and delete any rules that are no longer needed.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-28.002Biennial Renewal of Massage Establishment License

64B7-28.0043Biennial Renewal of Massage Therapist License

64B7-28.009Required Continuing Education for Massage Therapists

64B7-28.0095Continuing Education for Pro Bono Services

64B7-28.0096Minimum Standards for Continuing Education

64B7-28.010Requirements for Board Approval of Continuing Education Programs

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rules text and incorporated applications and delete any rules that are no longer needed.

SUMMARY: The proposed rules will be updated for language and applications.

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(6), (7), 456.031(4), 456.033, 458.309, 458.319 FS.

LAW IMPLEMENTED: 456.013(6), (7), 456.031(1)(a), (3), 456.033, 458.319 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 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Substantial rewording of Rule 64B7-28.002 follows.  See Florida Administrative Code for present text.

 

64B7-28.002 Biennial Renewal of Massage Establishment License.

Each massage establishment license must be renewed by the owner of the establishment on or before August 31 of every odd year in accordance with 64B-9.001(4), F.A.C.

(1) To renew a massage establishment license, the massage establishment owner who holds the license must: 

(a) Submit the appropriate form as required by 64B-9.001(1), F.A.C., and

(b) Submit the renewal fee for massage establishments specified in 64B7-27.100, F.A.C.

(2) A massage establishment license that is not renewed in accordance with 64B-9.001(4), F.A.C. and these rules shall be considered delinquent.

(3) To renew a delinquent massage establishment license, the massage establishment owner who holds the license must:

(a) Submit the appropriate form as required by 64B-9.001(1), F.A.C., and

(b) Submit the renewal fee for massage establishments and delinquent fee specified in 64B7-27.100, F.A.C.

(4)  If a massage establishment is operating with a delinquent license, the establishment is in violation of Section 480.047(1)(b), F.S., and is subject to criminal penalties as provided in Section 480.047(2), F.S..

(5)  A massage establishment license that is considered delinquent shall be considered null and void if the massage establishment owner does not renew the license within six (6) months after the license becomes delinquent.

Rulemaking Authority 480.035(7), 480.043(8), 480.044 FS. Law Implemented 480.043(8), 480.044(1)(e), 480.067(1)(b) FS. History–New 11-27-79, Formerly 21L-28.02, Amended 1-7-86, 1-30-90, 1-3-91, Formerly 21L-28.002, 61G11-28.002, Amended 9-21-04,                  .

Substantial rewording of Rule 64B7-28.0043 follows.  See Florida Administrative Code for present text.

 

64B7-28.0043 Biennial Renewal of Massage Therapist License.

Each massage therapist must renew their license on or before August 31 of every odd year in accordance with 64B-9.001(4), F.A.C.

(1) To renew a massage therapist license, the licensee must:

(a) Have completed the continuing education which was required during each biennial cycle as specified in 64B7-28.009, F.A.C., or elect inactive status at the time of renewal, or hold a license that is already in inactive status, and

(b) Submit the appropriate form as required by 64B-9.001(1), F.A.C., and

(c) Submit the renewal fee for massage therapists specified in 64B7-27.100, F.A.C.

(2) A license that is not renewed in accordance with 64B-9.001(4), F.A.C. and these rules shall be considered delinquent as provided in 456.036(5), F.S. 

(3) A license that is not renewed in accordance with 64B-9.001(4), F.A.C. and these rules for two consecutive biennial cycles shall be considered null and void without further action by the Board as provided in 456.036(6), F.S.

(4)  A licensee whose license is in active status may choose inactive status as provided in 456.036(4)(a), F.S.

(a) To choose inactive status at the time of renewal, the licensee must submit the appropriate form as required by 64B-9.001(1), F.A.C., the renewal fee, and if delinquent, the delinquent license fee specified in 64B7-27.100, F.A.C.

(b) To choose inactive status at any other time, the licensee must submit a written request, along with the change in status fee and if delinquent, the delinquent license fee specified in 64B7-27.100, F.A.C.

(5) A licensee may choose retired status as provided in 456.036(4)(b), F.S.

(a) To choose retired status at the time of renewal, the licensee must submit the appropriate form as required by 64B-9.001(1), F.A.C. and the retired status fee specified in 64B7-27.100, F.A.C.

(b) To choose retired status at any other time, the licensee must submit a written request, along with the retired status fee and change in the status fee specified in 64B7-27.100, F.A.C.

Rulemaking Authority 456.036(6), (7), 480.035(7), 480.0415 FS. Law Implemented 456.036(6), (7), 456.0341, 480.0415 FS. History–New 9-18-95, Formerly,                     .

Substantial rewording of Rule 64B7-28.009 follows.  See Florida Administrative Code for present text.

 

64B7-28.009 Required Continuing Education for Massage Therapists.

(1) For the purposes of this chapter an instruction hour shall be defined as no less than 50 minutes of any one clock hour during which the student participates in an approved course offered by an approved provider.

(2) For the purposes of this chapter a classroom hour shall be defined as no less than 50 minutes of any one clock hour during which the student participates in an approved course offered by an approved provider in the physical presence of an approved instructor.

(3) During the first biennial renewal cycle, the licensee shall complete:

(a) Two instruction hours in prevention of medical errors, pursuant to 456.013(7), F.S.

(b) One hour in human trafficking awareness.

(c) One instruction hour, up to a maximum requirement of 24 hours, for each month or partial month licensed.  The overall number of required hours for renewal in the first biennial renewal cycle shall include the required hours of instruction in prevention of medical errors and human trafficking awareness. 

(4) During each subsequent biennial renewal cycle, the licensee shall complete:

(a) Two instruction hours in prevention of medical errors, pursuant to 456.013(7), F.S.

(b) Two instruction hours in the laws and rules which govern the practice of massage therapy, including 456, F.S., 480, F.S., and 64B7, F.A.C.

(c) Two instruction hours in professional ethics.

(d) One hour in human trafficking awareness.

(e) Twelve classroom hours.

(f) Five additional instruction hours, including but not limited to courses in communication with clients and other professionals, psychological dynamics of the client-therapist relations, risk management, charting, documentation, record keeping, infection control, or massage practice management. 

(5) All continuing education must be completed with an approved provider.

(6) A licensee may substitute the following activities for the requirements above:

(a) Up to two hours of instruction in laws and rules may be substituted for two hours of continuous attendance at an in-person meeting of the Board, provided that the licensee signs in to demonstrate attendance and does not have an item scheduled on the agenda. 

(b) Up to two hours of instruction in professional ethics may be substituted for two hours of continuous attendance at an in-person meeting of the Board, provided that the licensee signs in to demonstrate attendance and does not have an item scheduled on the agenda. 

(c) Up to six hours of classroom instruction which is relevant to and focused on massage therapy techniques, skills, and protocols as defined in Section 480.033(3), F.S., or up to six hours of general instruction may be substituted for the performance of pro-bono services, on an hour-for-hour basis, provided that: 

1. The proposed services are to be performed for indigent or underserved populations or in areas of   critical need within the state of Florida as recognize by the Federal Poverty income guidelines produced by the United States Department of Health and Human Services (02/19), http://www.flrules.org/Gateway/reference.asp?No=Ref-     , hereby adopted and incorporated by reference, in connection with a tax-exempt organization under s. 501(c) of the Internal Revenue Code, in response to a  disaster as defined in 252.34(2), F.S., for first responders as defined in 196.091(6)(c)1., or

2. The licensee submits DH-MQA 1243 Request for Approval of Continuing Education for Pro Bono Services For the Biennial Renewal Period of __________ (10/2019) at http://www.flrules.org/Gateway/reference.asp?No=Ref-         , hereby adopted and incorporated by reference, and is approved to offer the pro bono services specified therein during the biennial cycle in which the form is submitted.

3. The licensee submits DH-MQA 1244 Statement of Performance of Continuing Education Credits for Preapproved Pro Bono Services for the Biennial Renewal Period of    (10/2019) at http://www.flrules.org/Gateway/reference.asp?No=Ref-    , hereby adopted and incorporated by reference, demonstrating performance of approved pro bono services. 

(7) A licensee shall be exempt from all licensure renewal provisions under this section during an absence from the state due to their spouse’s duties with the armed forces if the licensee:

(a) presents satisfactory proof that they are the spouse of a member of the Armed Forces;  a copy of the spouse’s military orders and marriage certificate, and that they were caused to be absent from Florida for a period of at least six consecutive months because of the spouse’s duties, and

(b) was in good standing with the Board of Massage and entitled to practice massage in Florida when the absence began.

(8) A licensee shall not receive credit for courses they offer as an approved provider or approved instructor.

Rulemaking Authority 456.013(7), (8), 480.035(7), 480.0415 FS. Law Implemented 456.013(7), (9), 480.0415 FS. History–New 4-21-86, Amended 2-25-88, 8-29-88, 1-30-90, 10-2-90, Formerly 21L-28.009, Amended 8-16-94, 6-5-95, 2-12-97, Formerly 61G11-28.009, Amended 8-16-98, 3-15-99, 9-20-99, 11-28-02, 2-13-05, 3-1-07, 5-1-07, 1-2-14, 9-1-15,              .

 

64B7-28.0095 Continuing Education for Pro Bono Services.

Rulemaking Authority 456.013, 480.0415 FS. Law Implemented 456.013, 480.0415 FS. History–New 5-5-04, Amended 12-6-06, 2-28-12, 12-8-13,    Repealed.

 

64B7-28.0096 Minimum Standards for Continuing Education.

(1) For the purposes of this section, “approved provider” means an entity authorized by the Board to offer approved courses by approved instructors.

(2) An approved provider must:

(a) Provide an identifiable person to be responsible for ensuring that each approved course offered under their approved providership meets with the minimum standards set forth in this section.

(b) Renew their provider registration number by August 31st of every odd year in accordance with 64B-9.001(4), F.A.C. by submitting the appropriate form, a renewal fee of $50.00, and any course updates required by 64B7-28.0096(6), F.A.C. A provider who fails to renew their provider registration number must reapply for approval of their providership.

(3) For each approved course offered, an approved provider must:

(a) Maintain a copy of all promotional materials as well as a record of attendance which includes the signature of the licensees in attendance for a period of four years.

(b) Provide each participant who completes the approved course with a certificate of attendance, which includes the name of the approved provider, the registration number of the approved provider, the name of the participant, the license number of the participant, the program number and title of the approved course, and the length of the course in classroom hours.

(4) For the purposes of this section, “approved instructor” means a person who is qualified to instruct a continuing education course under the auspices of an approved provider. An approved instructor must:

(a) Hold a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the U.S. Department of Education or a substantially equivalent accrediting body of a foreign sovereign state, with a major in a subject directly related to the content of the approved course or courses to be offered, or

(b) Have completed a course of study at a massage school with a curriculum which is equivalent to or exceeds that which is required by 64B7-32, F.A.C., or an apprenticeship which required completion of a course of study which is equivalent to or exceeds that which is required by 64B7-29, F.A.C., or have taught at a board approved massage school or a massage school in another jurisdiction which offers a curriculum which is equivalent to or exceeds that which is required by 64B7-32, F.A.C. and which is approved by a state licensing authority, a nationally recognized massage therapy association, or a substantially equivalent accrediting body, who subsequently completed five years of professional experience in the practice of massage, and,

a. Have, within the last five years, had a minimum of two years teaching experience in the subject matter to be offered, or

b. Have offered a course or courses at a Board approved massage therapy school with content which is equivalent to or which exceed those which they intend to offer as an approved instructor, or

c. Have completed specialized training in the subject matter and have a minimum of two years of practical experience in the subject.

(5) For the purposes of this section, “approved course” means a course of study offered by an approved provider and instructed by an approved instructor.

(a) All approved courses must have stated learner objectives, a breakdown of the total continuing education hours offered for each objective, subject matter which corresponds to each objective, and teaching methods which use principles of adult education.

(b) Approved courses which provide instruction hours may be delivered by correspondence, home study, video or digital media, distance learning, or in an in-person setting. If the instruction hours are not delivered in an in-person setting, the course must include an evaluation graded by the instructor.

(c) Approved courses which provide classroom hours must be taught in an in-person setting, must include hands-on instruction or demonstration, and must have stated learner objectives which are relevant to and focused on massage therapy techniques, skills, and protocols as defined in Section 480.033(3), F.S.

(d) Approved courses which provide instruction in human trafficking awareness pursuant to 480.0431, F.S. must address both sex trafficking and labor trafficking, how to identify individuals who may be victims of human trafficking, how to report cases of human trafficking, resources available to victims, and how to seek assistance as a victim of trafficking.

(6) Approved courses must be revised and updated for changes occurring during the biennial period.

(7) The Board may audit approved courses being offered, and may suspend or rescind approval of courses, instructors and providers, or take other corrective action if:

(a) An approved provider or instructor has disseminated false or misleading information regarding with their providership, instructorship or the content of their approved courses, or fails to comply with the laws and rules which govern massage therapy.

(b) An approved course is found to be obsolete or erroneous.

(c) An approved course offers classroom hours with learner objectives or subject matter that is not relevant to and focused on massage therapy techniques, skills, and protocols as defined in Section 480.033(3), F.S.

(8) The Board shall inform the approved provider of their audit findings in writing prior to suspension, rescission or any other corrective action. The provider shall respond in writing. The provider may request an appearance before the Board at the next scheduled meeting to explain any mitigating factors.

Rulemaking Authority    480.035(7), FS.      Law Implemented  456.013, 456.0341, FS.____New_______________

 

Substantial rewording of Rule 64B7-28.010 follows. See Florida Administrative Code for present text.

 

64B7-28.010 Requirements for Board Approval of Continuing Education Programs.

To apply for registration as an approved provider, an applicant shall:

(1)  Submit DH-MQA 1258 “Massage Continuing Education Programs Provider Registration Application, Form B: Course Offering Data Form,” (rev. 7/13/13) incorporated herein by reference for three proposed courses, and DH-MQA 1259 “Massage Continuing Education Programs Provider Registration Application, Form C: Instructor Qualifications Form,” (rev. 7/13/13) incorporated herein by reference for each proposed instructor for the proposed courses along with the non-refundable application fee of $100.00, and include as part of their application a sample of the certificate of attendance for each proposed course. Copies of the forms may be found online at www.cebroker.com or http://www.flrules.org/Gateway/reference.asp?No=Ref-03640 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03641.

(2) For courses in human trafficking awareness, an applicant shall also provide:

(a) Documentation for each instructor which demonstrates qualification to teach human trafficking awareness by training, experiencing, or by a showing of good cause. 

(b) Course materials which demonstrates compliance with 480.0341, F.S.

(3)  The following courses, that meet the criteria for approval under this section, are approved by the Board:

(a) Organized and accepted courses of study offered by providers approved by the National Certification Board for Therapeutic Massage and Bodywork;

(b) Organized courses offered by a Board Approved Massage School;

(c) Continuing education courses offered by or sponsored by the Florida Board of Massage Therapy;

(d) Continuing education courses sponsored by the Florida State Massage Therapy Association;

(e) Continuing education courses sponsored by the American Massage Therapy Association or the American Massage Therapy Association Florida Chapter; and,

(f) Continuing education courses offered by the Associated Bodywork and Massage Professionals.

Rulemaking Authority 456.013(8), (9), 456.025(7), 456.036, 480.035(7), 480.0415 FS. Law Implemented 456.013(8), (9), 456.025(7), 456.036, 480.0415 FS. History–New 4-21-86, Amended 9-14-87, 8-29-88, 2-8-89, 3-12-90, 1-3-91, Formerly 21L-28.010, Amended 9-30-93, 8-16-94, 6-12-95, 2-12-97, Formerly 61G11-28.010, Amended 2-18-98, 10-26-98, 9-20-99, 11-4-99, 11-21-02, 10-12-03, 12-13-05, 7-5-06, 2-25-07, 5-8-07, 1-26-14, 3-21-18,           .

 

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: October 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 21, 2020