The Board propose the rule amendment to update the rule text to reflect changes implemented in HB 115 and HB 713 legislative changes.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-25.001Examination Requirements

PURPOSE AND EFFECT: The Board propose the rule amendment to update the rule text to reflect changes implemented in HB 115 and HB 713 legislative changes.

SUMMARY: Update rule text to reflect legislative changes.

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: 456.013(7), 456.017(1)(c), 480.035(7), 480.041(2), 480.042(1), 480.044 FS.

LAW IMPLEMENTED: 456.013(7), 456.017(1)(c), 456.0635, 480.041, 480.042, 480.044 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:

 

64B7-25.001 Examination Requirements.

(1) The Department shall issue a license by examination to a person who:

(a) No change. 

(b) Submits a completed application on form DH-MQA 1115, “Application for Massage Therapist Licensure Application,” (05/2020 Rev. 7/16). The form and the attached instructions are 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/massage-app.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-    07947.  To apply on-line, visit https://flhealthsource.gov/mqa-services;

(c) through (e) No change.

(2) Prior to the practice of colon hydrotherapy, any licensed massage therapist or massage therapy apprentice must be certified.  The Department shall issue certification to practice colon hydrotherapy to a person who:

(a)  Pays to the Department the certification fee set forth in subsection 64B7-27.100, F.A.C.;

(b)(a) Submits a completed application entitled Application for Colon Hydrotherapy Upgrade to Massage Therapist License with Instructions, on form DH-MQA 1247 “Application for Colon Hydrotherapy Certification” (Rev. 05/2020 01/13). 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/massage-colon-certificationupgrade.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-    09173. To apply on-line, visit http://fflhealthsource.gov/mqa-services;

(c)(b) Provides proof of completion of a training program course of study in colonic hydrotherapy irrigation at a Board approved massage school per Rule 64B7-32.005, F.A.C., or a training program course of study equal to or more stringent than the colon hydrotherapy requirements of course of study in colonic irrigation in subsection 64B7-32.005(2)(3), F.A.C., with an approved provider or school in another state, territory, or jurisdiction, or a colonic hydrotherapy irrigation apprenticeship per Rule 64B7-29.007, F.A.C.; and,

(d)(c) Present certification to the Board of successful completion of an approved examination for colonic hydrotherapy irrigation.

(3) The Board approves the following examinations for licensure:

(a) The Massage and Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards;

(b) through (c) No change.

(d) National Exam for State Licensure option administered by the National Certification Board for Therapeutic Massage and Bodywork; and.

(e) No change. 

(4) The Board approves the following examination for certification in colonic hydrotherapy irrigation: The National Board for Colon Hydrotherapy Examination (NBCHE).

Rulemaking Authority 456.013(7), 456.017(1)(c), 480.035(7), 480.041(2), 480.042(1), 480.044 FS. Law Implemented 456.013(7), 456.017(1)(c), 456.0635, 480.041, 480.042, 480.044 FS. History–New 11-27-79, Amended 9-2-80, 10-9-85, Formerly 21L-25.01, Amended 12-22-92, 3-24-93, 5-20-93, Formerly 21L-25.001, Amended 8-12-93, 6-28-94, 8-18-96, Formerly 61G11-25.001, Amended 5-20-98, 7-30-02, 3-31-08, 6-15-09, 9-6-09, 6-2-10, 12-24-13, 6-2-14, 10-2-14, 3-14-16, 10-2-16, 3-13-17, 3-22-18,                .

 

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 20, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 19, 2020