The Board propose the rule amendments to update the incorporate applications to implement changes from HB 713.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NOS.:RULE TITLES:

64B7-26.002Licensure of Massage Establishments

64B7-26.006Change of Corporate Officers, Interested Parties, Designated Establishment Managers

PURPOSE AND EFFECT: The Board propose the rule amendments to update the incorporate applications to implement changes from HB 713.

SUMMARY: To update the applications to implement HB 713 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, 480.035(7), 480.043, 480.043(3), 480.044 FS.

LAW IMPLEMENTED: 456.013, 456.016, 456.0635, 456.067, 480.043, 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:

 

64B7-26.002 Licensure of Massage Establishments.

(1) Each massage establishment shall obtain a license from the Department as required by section 480.043(1), F.S., by submitting a completed form DH-MQA 1263, “Application for Massage Establishment License” (Rev. 05/2020 07/19), incorporated herein by reference, together with the fee set forth in subsection 64B7-27.100(2), F.A.C. The form 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/mt-establishment-app.pdf http://floridasmassagetherapy.gov/ or http://www.flrules.org/Gateway/reference.asp?No=Ref-     11374.  To apply online, visit https://flehealthsource.gov/mqa-services.

(2) through (3) No change. 

Rulemaking Authority 456.013, 480.035(7), 480.043(3), 480.044 FS. Law Implemented 456.013, 456.0635, 456.067, 480.043, 480.044 FS. History–New 11-27-79, Formerly 21L-26.02, Amended 1-7-86, Formerly 21L-26.002, Amended 3-9-95, 9-25-95, Formerly 61G11-26.002, Amended 7-16-98, 1-26-00, 4-2-09, 10-7-14, 3-14-16, 12-25-19,                     .

 

64B7-26.006 Change of Corporate Officers, Interested Parties, Designated Establishment Managers.

A massage establishment must submit a completed form DH-MQA 5040, “Massage Establishment Change of Corporate Officer/Interested Party/Designated Establishment Manager” application (05/2020 07/19), incorporated herein by reference, which may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399 or from the website located at https://floridasmassagetherapy.gov/applications/DH-MQA-5040-DEM-Officer.pdf http://floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref- 11314,  or submit online at https://flhealthsource.gov/mqa-services within 10 days of the following:

(1) through (2) No change.

Rulemaking Authority 456.013, 480.035, 480.043 FS. Law Implemented 456.013, 456.016, 456.0635, 456.067, 480.043 FS. History–New 12-15-19, Amended              .

 

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