To clarify continuing education requirements.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-28.009Continuing Education

PURPOSE AND EFFECT: To clarify continuing education requirements.

SUMMARY: Clarify requirements.

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, relying on the fact that the rule amendment does not change the requirements for licensees, and creates no additional costs to licensees or the department, 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(7), (8), (9), 480.035(7), 480.0415 FS.

LAW IMPLEMENTED: 456.013(7), (8), (9), 480.0415 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: Christy Robinson, 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:

 

64B7-28.009 Continuing Education.

(1) During each biennium, each licensee shall complete a minimum of one classroom hour of continuing education from a Board-approved provider for each month the license is active, up to a maximum requirement of 24 months for the renewal period. Graduates of a Board-approved massage therapy school who are renewing their license for the first time shall complete a course of two classroom hours on prevention of medical errors that meets the requirements of Section 456.013(7), F.S. If the prevention of medical errors course completed during the course of study at the Board-approved massage school meets the requirements of Section 456.013(7), F.S., that course will satisfy the requirement of this rule.

(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 a learning activity of the continuing education provider. The continuing education shall include the following:

(3) Continuing education for licensees who are renewing their license for the first time shall include the following:

(a) At least one half of the classroom hours of instruction must be relevant to and focus on massage therapy techniques, must be in the presence of the instructor, must include hands-on participation by the licensee and/or demonstration by the instructor, and may include:

1. History of massage therapy,

2. Human anatomy,

3. Human physiology,

4. Human kinesiology, or

5. Human pathology.

(a)(b) Two classroom hours of instruction on prevention of medical errors that meet the requirements of Section 456.013(7), F.S.

(c) Two classroom hours of instruction in professional ethics.

(d) Two classroom hours of instruction on Chapters 456 and 480 of the Florida Statutes and the rules promulgated by the Board. This requirement may be satisfied by attending four continuous hours of a meeting of the Board, provided the licensee does not have a disciplinary or licensure matter on the agenda and the licensee signs in and out of the meeting to demonstrate compliance.

(b)(3) The remaining classroom hours may be satisfied by completing instruction in any of the subject matter listed in 64B7-28.009(4)(a)-(d) of this rule chapter.:

(4) The continuing education requirement for all other licensees, not renewing for the first time, shall include the following:

(a) At least twelve (12) of the classroom hours of instruction must be relevant to and focus on massage therapy techniques, skills, and protocols as defined in 480.033(3). The instruction must be provided in the presence of the Board approved instructor(s) and must include hands-on participation by the licensee and/or a demonstration by the instructor(s).

(b) Two classroom hours of instruction in professional ethics. This requirement may be satisfied by attending two continuous hours of a meeting of the Board, provided the licensee does not have a disciplinary or licensure matter on the agenda and the licensee signs in and out of the meeting to demonstrate compliance.

(c) Two classroom hours of instruction on Chapters 456 and 480 of the Florida Statutes and the rules promulgated by the Board. This requirement may be satisfied by attending two continuous hours of a meeting of the board, provided the licensee does not have a disciplinary or licensure matter on the agenda and the licensee signs in and out of the meeting to demonstrate compliance.

(d) Two classroom hours of instruction on prevention of medical errors that meet the requirements of Section 456.013(7), F.S.

(a) Communications with clients and other professionals.

(b) Insurance relating to third party payment or reimbursement for services.

(c) Psychological dynamics of the client-therapist relationship.

(d) Risk management including charting, documentation and record keeping.

(e) Infection control.

(f) Practice management.

(g) Cardio-pulmonary resuscitation if the course is instructed by persons certified by the American Red Cross, the American Heart Association or the American Safety and Health Institute.

Rulemaking Authority 456.013(7), (8), (9), 480.035(7), 480.0415 FS. Law Implemented 456.013(7), (8), (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,__________.

 

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: May 1, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2015