Minimum Requirements for Board Approved Massage Schools

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7ER20-29Minimum Requirements for Board Approved Massage Schools

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Board of Massage Therapy (hereinafter the “Board”) is statutorily mandated to adopt rules establishing minimum requirements for Board approved Massage schools. Pursuant to this authority, the Board has promulgated rules setting forth the minimum requirements for Board approved Massage Schools.

Rule 64B7-32.003, Florida Administrative Code, sets out the minimum requirements for Board Approved Massage Schools. Subsection (1)(c) requires the course of study includes, at a minimum, 500 classroom hours in specific areas of study.

On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency pursuant to the spread of the Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida. The State of Emergency has been extended by Executive Orders numbers 20-114 and 20-166. COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential air travel and to avoid crowds as much as possible.

Since the issuance of the Executive Orders and declaration of a public health emergency by the State Health Officer and Surgeon General Dr. Rivkees, the Board office has received numerous calls and emails from Board approved massage schools concerned about the dangers of personal contact related to COVID-19 and inquiries as to whether there is an alternative method by which they can offer the specific education required for licensure. Some schools are concerned about the dangers of being in large groups of people in close contact in the classroom. The Board office also relates that some schools have been advised by the Department of Education to offer educational content by distanced learning

Ensuring that Florida’s citizens training to be massage therapists are not unnecessarily put at risk is essential during this healthcare emergency. Given this emergency, citizens have an increased likelihood of being exposed to COVID-19 if they attend training in classrooms.

Accordingly, the Board, by emergency rule, waives the minimum requirements for classroom hours for the following areas of study: Anatomy and Physiology; 25 of the 100 classroom hours required for Theory/History; Business; 3 of the classroom hours required for Hydrotherapy; Laws and Rules; Professional Ethics; HIV/AIDs; and Medical Errors, and permit citizens to complete those courses in a distance learning format. The Board finds that these actions are a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 and to protect the citizens and educators themselves from exposure to COVID-19.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Given the recently declared emergency in the State of Florida and the recent guidance from the CDC, the fact that the minimum education required by Board Approved Massage Schools, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action regarding this issue. Notice of this emergency meeting was published in the Florida Administrative Register on June 3, 2020. In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY: The proposed emergency rule waives the classroom requirement for Board approved massage schools and permits citizens to complete training in those specified courses in a distance learning format.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Kama Monroe, J.D., Executive Director, Board Massage Therapy, 4052 Bald Cypress Way, Bin # C-06 Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64B7ER20-29 (64B7-32.003) Minimum Requirements for Board Approved Massage Schools.

(1) In order to receive and maintain Board approval, an in-state school, and any satellite location of a previously approved in-state school, must:

(a) Submit a completed application on form DH-MQA 1266, Rev. 1/18, “Application for Massage Therapy School Approval,” The form is incorporated herein by reference and may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http://floridasmassagetherapy.gov/applications/app-mt-school.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-09169. To apply on-line, visit http://flhealthsource.gov/mqa-services.

(b) Meet the requirements of and be licensed by the Department of Education pursuant to chapter 1005, F.S., or be within the public school system of the State of Florida; and,

(c) Offer a course of study that includes, at a minimum, the 500 classroom all required hours in each subject area listed below in chart A, except that from March 1, 2020 to March 31, 2022 some hours may be delivered as instruction hours as detailed in chart B. All hours must be completed at a rate of no more than 6 classroom hours per day and no more than 30 classroom hours per calendar week:

Chart A

Subject Area Area of Study	Required Classroom Hours
Anatomy and Physiology	150
Basic Massage Theory and History	100
Clinical Practicum	125
Allied Modalities	76
Business	15
Theory and Practice of Hydrotherapy	15
Florida Laws and Rules (Chapters 456 and 480, F.S., and Chapter 64B7, F.A.C.)	10
Professional Ethics	4
HIV/AIDS Education	3
Medical Errors	2

 

Chart B

Subject Area	Required Classroom Hours	Total Required Hours (classrom and instruction)
Anatomy and Physiology	0	150 hours
Basic Massage Theory and History	75	100 hours
Clinical Practicum	125	125 hours
Allied Modalities	76	76 hours
Business	0	15 hours
Theory and Practice of Hydrotherapy	12	15 hours
Florida Laws and Rules (Chapters 456 and 480, F.S., and Chapter 64B7, F.A.C.)	0	10 hours
Professional Ethics	0	4 hours
HIV/AIDS Education	0	3 hours
Medical Errors	0	2 hours

 

(d) Achieve a graduate passage rate not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time examinees on a Board approved examination during a calendar year.

1. If an in-state Board approved massage school’s graduate passage rates do not equal or exceed required passage rates for two consecutive calendar years, the school will be placed on probationary status pursuant to chapter 120, F.S. The Board may require the program director to present a plan for remediation at a regularly scheduled meeting.

2. The Board will remove probationary status at a regularly scheduled meeting following release of the school’s graduate passage rate by the Board approved testing vendor and once the school achieves a graduate passage rate for any one calendar year that equals or exceeds the required passage rate.

(2) An in-state Board approved school must notify the Board within 90 days of:

(a) Changes in curriculum;

(b) Changes in address;

(c) Changes in name;

(d) Changes in approved signer;

(e) Changes in ownership.

(3) Approval of an in-state Board approved massage school shall be rescinded or other action taken if the school:

(a) Modifies its course of study to fall below minimum standards, or fails to require its students to complete its course of study in order to graduate;

(b) Submits on behalf of an applicant for licensure documents containing information the school, through its owner, manager, faculty, or other employees or agents, knows to be false;

(c) Violates any standard applicable to the school pursuant to licensure by the Department of Education;

(d) Violates any applicable rule herein;

(e) Does not achieve the required passage rate for any one calendar year during the two calendar years following placement on probationary status, pursuant to chapter 120, F.S.

(4) If an in-state Board approved massage school or any owner, manager, faculty, or other employee or agent is alleged to have violated any provision of chapter 480, F.S., and rule chapter 64B7-32, F.A.C., or part therein:

(a) The Board shall inform the school of any alleged violations in writing. The school shall respond in writing. The school may request an appearance before the Board at the next scheduled meeting to explain any mitigating factors;

(b) If the Board determines that a school is in noncompliance, it may impose one of the following:

1. Corrective action required which shall include the time period in which the school must comply; or

2. Rescission of Board approval.

(c) The Board shall inform the Florida Department of Education of the action taken.

(5) The Board shall review approval of an in-state school when a change in ownership occurs. If the Board determines that the school is in noncompliance with any provision of chapter 480, F.S., and rule chapter 64B7-32, F.A.C., or part therein, it may impose one of the following:

(a) Corrective action required which shall include the time period in which the school must demonstrate compliance;

(b) Rescission of Board approval.

Rulemaking Authority 480.033(9), 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Amended 8-15-89, 12- 22-92, Formerly 21L-32.003, Amended 10-20-96, Formerly 61G11-32.003, Amended 8-16-98, 10-30-07, 4-25-10, 5-8-12, 3-21-18,           .

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.