of the issuance of an Order regarding the Petition for Variance for Margaret Byrne filed on March 21, 2012. The Notice of Petition for Variance was published in Volume 38, No. 14, of the April 6, 2012, Florida Administrative Weekly. The Petition ...

DEPARTMENT OF HEALTH
Board of Massage

The Board of Massage Therapy hereby gives notice of the issuance of an Order regarding the Petition for Variance for Margaret Byrne filed on March 21, 2012. The Notice of Petition for Variance was published in Vol. 38, No. 14, of the April 6, 2012, Florida Administrative Weekly. The Petition requested a Variance or Waiver of Section 480.041, F.S., Massage Practice Act, with respect to part B, an apprenticeship program that meets standards adopted by the Board. Petitioner sought a permanent variance or waiver from this requirement as she received her training in 1987, her massage school no longer has her transcripts and Petitioner worked in California for the past 24 years with thousands of hours of massage therapy in Chiropractic and doctor’s offices, spas, and in private practice. The Board considered the Petition at a duly-noticed public meeting held on April 20, 2012.

The Board’s Order, filed on May 7, 2012, denied the Petition for Variance or Waiver, finding that the rule requirements from which Petitioner sought relief were statutory requirements pursuant to Section 480.041, Florida Statutes. Pursuant to Section 120.54, Florida Statutes, the Board is not authorized to grant a waiver or variance from a statutory requirement.

A copy of the Order or additional information may be obtained by contacting: Anthony Jusevitch, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256.