The Board proposed the new rule to establish the responsibilities of the Designated Establishment Managers.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-28.0035:Designated Establishment Managers

PURPOSE AND EFFECT: The Board proposed the new rule to establish the responsibilities of the Designated Establishment Managers.

SUMMARY: The proposed new rule will set forth the responsibilities of the Designated Establishment Manager.

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: 480.35(7) FS.

LAW IMPLEMENTED: 480.043(12) 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:

 

64B7-28.0035 Designated Establishment Managers.

(1) The Designated Establishment Manager (DEM) must practice at the establishment and responsible for ensuring that they are in compliance with the law, Chapters 456 and 480, F.S., and Rules 64B7, F.A.C.

(2) If a therapist whishes to serve as the DEM at more than two establishments, they must seek approval from the Board and provide written explanation of how they will practice at the different locations and how they will ensure that all of the establishments are in compliance with laws and rules.  

(3) A therapist serving as DEM of an establishment shall ensure that establishment is operating in compliance with the laws and rules governing the practice of massage therapy, including;

(a) Ensuring that massage therapist, employed by the establishment are duly licensed, current and active, and that the establishment’s license is current and active;

(b) Ensuring that the establishment remains in compliance with Section 480.0535(2)(a)2, F.S., concerning documentation required while working in an establishment;

(c) Reporting policies or practices of the establishment which limit the ability of a massge therapist to comply with Section 480.0535(1), F.S., by restricting access to valid government identification;

(d) Reporting possible violations of Section 480.0485, F.S., and/or Rule 64B7-26.010, F.A.C., related to sexual misconduct to the Board within three days;

(e) Complying with the provisions of Sections 480.043, and 456.034, F.S., regarding human trafficking, including ensurring that all employees are aware of the establishment’s procedure for reporting suspected human trafficking; and

(f) Practicing and ensuring the establishment practices in a manner consistent with law and rules, preventing discipline under the provisions of Section 480.041(1), F.S., and ensuring the Board is notified within ten days that the DEM is no longer serving as the establishment’s designated establishment manager.  

Rulemaking Authority  480.035(7)  FS.  Law Implemented 480.043(12) FS.  History‒New            .

 

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 10, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 3, 2020