The Board proposes the rule amendment to clarify language and make consistent with HB 245.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-29.001Definitions

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify language and make consistent with HB 245.

SUMMARY: To clarify language and make consistent with HB 245.

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: 480.035(7), 480.041(5)(a) FS.

LAW IMPLEMENTED: 480.041(5)(a) FS.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B7-29.001 Definitions.

(1) “Massage therapy apprentice” means a person who is not enrolled in a board approved massage therapy school who is studying massage therapy under the direct supervision of a sponsor.

(2) No change.

(3) “Sponsor” means a licensed massage therapist who has not had no disciplinary action taken against their license and who has been engaged in the practice of massage for at least three years prior to sponsorship. If the apprenticeship includes training in colonic irrigation, the sponsor must be certified to practice colonic irrigation pursuant to under subsection 64B7-25.001(2), F.A.C., and must have been engaged in the practice of colonic irrigation for at least three years immediately prior to sponsorship. a minimum of three years.

(4) “Massage apprentice Ssponsorship” means assumption of the responsibility to provide training and direct supervision of an apprentice, pursuant to Rule 64B7-29.003, or 64B7-29.007, F.A.C., under the sponsor’s direct supervision.

(5) “Colonic irrigation apprentice sponsorship” means assumption of the responsibility to provide training pursuant to Rule 64B7-29.007, F.A.C., under the sponsor’s direct supervision.

(5) (6) “Direct supervision” means the physical presence of the sponsor in the qualified establishment during training.

(6) (7) “Qualified establishment” means a massage establishment licensed pursuant to Section 480.043, F.S., which, in addition to meeting the requirements of Chapter 64B7-26, F.A.C., is equipped for apprenticeship training.

Rulemaking Authority 480.035(7), 480.041(5)(a) FS. Law Implemented 480.041(5)(a) FS. History–New 11-27-79, Amended 12-18-84, Formerly 21L-29.01, Amended 4-7-86, 12-22-92, Formerly 21L-29.001, 61G11-29.001, Amended 10-27-99, 2-26-12, 12-18-17, 2-23-21,_________.

 

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: June 9, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2021