The Board propose the rule amendments to implement changes due to HB 713.  

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    DEPARTMENT OF HEALTH

    Board of Massage Therapy

    RULE NOS.:RULE TITLES:

    64B7-29.001Definitions

    64B7-29.002Qualification

    64B7-29.003Massage Apprenticeship Training Program

    64B7-29.004Termination

    64B7-29.006Change of Sponsoring Massage Therapist

    64B7-29.007Colonic Irrigation Apprenticeship Program

    PURPOSE AND EFFECT: The Board propose the rule amendments to implement changes due to HB 713.

    SUMMARY: Update rule text to implement 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), 480.041(1)(b), 480.041(5)(a) FS.

    LAW IMPLEMENTED: 456.013, 480.041(1)(b), 480.041(5)(a), 480.047(1) 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:

     

    64B7-29.001 Definitions.

    (1) “Massage therapy apprentice” means a person who is not enrolled in a board approved massage school who is meeting the qualifications in Rule 64B7-29.002, F.A.C., studying massage therapy under the direct supervision of a sponsor.

    (2) “Colonic hydrotherapy irrigation apprentice” means a licensed massage therapist, a massage apprentice, or a student in a Board-approved massage school who is studying colonic hydrotherapy irrigation under the direct supervision of a sponsor.

    (3) “Sponsor” means a licensed massage therapist who has no disciplinary action taken against their license and has been engaged in the practice of massage for at least three years prior to sponsorship. If the apprenticeship includes training in colonic hydrotherapy irrigation, the sponsor must be certified authorized to practice colonic hydrotherapy irrigation under Chapter 64B7-25.001(2)31, F.A.C., and must have been engaged in the practice of colonic hydrotherapy irrigation for a minimum of three years.

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

    (5) “Colon hydrotherapy 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.

    (6)(5) No change. 

    (7)(6) “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.with:

    (a) Massage tables

    (b) Linens and linen storage areas

    (c) Hydrotherapy equipment, including cold and hot packs

    (d) Textbooks and teaching materials on the following subjects:

    1. Anatomy

    2. Physiology

    3. Theory of Massage

    4. Hydrotherapy

    5. Chapters 456 and 480, F.S.

    6. Rule Title 64B7, F.A.C.

    (e) If the apprenticeship includes training in colonic irrigation, the qualified establishment must also be equipped with:

    1. Colonic irrigation equipment

    2. Sterilization equipment if non-disposable colonic attachments are used

    3. Textbooks and teaching materials on the subject of colonic irrigation.

    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,            .

     

    64B7-29.002 Qualification.

    Rulemaking Authority 456.013, 480.035(7), 480.041(5)(a) FS. Law Implemented 456.013, 480.041(5)(a), 480.047(1) FS. History–New 11-27-79, Amended 7-9-80, Formerly 21L-29.02, 21L-29.002, Amended 10-20-96, Formerly 61G11-29.002, Amended 10-27-99, 4-11-17, 12-18-17, Repealed     .

     

    64B7-29.003 Massage Apprenticeship Training Program.

    (1) No change. 

    (2) The qualified establishment must be equipped with the following during massage therapy apprenticeship training:

    (a) Massage tables, and

    (b) Linens and linen storage areas, and

    (c) Hydrotherapy equipment, including cold and hot packs, and

    (d) Textbooks and teaching materials on the following subjects;

    1. Anathomy

    2. Physiology

    3. Theory of Massage

    4. Hydrotherapy

    5. Chapters 456 and 480, F.S.

    6. Rule Title 64B7, F.A.C.

    (2) through (5) renumbered (3) to (6)   No change.

    (7)(6) Massage therapy apprenticeship training is complete once four quarterly reports have been submitted to the Department that demonstrate completion of the training program.

    Rulemaking Authority 480.035(7), 480.041(1)(b) FS. Law Implemented 480.041(1)(b) FS. History–New 11-27-79, Amended 11-25-80, 12-18-84, Formerly 21L-29.03, Amended 4-7-86, 11-4-86, 12-22-92, Formerly 21L-29.003, Amended 6-5-95, Formerly 61G11-29.003, Amended 11-21-02, 12-18-17,                   .

     

    64B7-29.004 Change of  Sponsor; Termination of Apprenticeship.

    (1)  If a sponsor is unable to continue sponsorhip and an apprentice wishes to continue training: 

    (a)  The sponsor or the apprentice must notify the Department of the change of sponsor within 30 days;

    (b)  The apprentice must secure another sponsor and notify the Department of the new sponsorship; and

    (c)  Apprenticeship may not continue until the change of sponsor is complete.

    (2)  The apprentice shall receive credit for prior training following a change of sponsor if training was reported to the Department prior to or coincident with the change of sponsor.

    (1) through (2) renumber to (3) through (4)  No change

    Rulemaking Authority 480.035(7), 480.041(1)(b) FS. Law Implemented 480.041(1)(b) FS. History–New 11-27-79, Formerly 21L-29.04, 21L-29.004, 61G11-29.004, Amended 11-21-02, 12-18-17,                  .

     

    64B7-29.006 Change of Sponsoring Massage Therapist.

    Rulemaking Authority 480.035(7), 480.041(5)(a) FS. Law Implemented 480.041(1)(b), (5)(a) FS. History–New 11-27-79, Formerly 21L-29.06, 21L-29.006, 61G11-29.006, Amended 12-18-17,     Repealed        .

     

    64B7-29.007 Colonic Hydrotherapy Irrigation Apprenticeship Training Program.

    (1) The applicant must complete form DH-MQA 1265, “Colon Hydrotherapy Massage Apprentice Application,” 05/2020 7/16, and pay the fee set forth in paragraph 64B7-27.100(1)(b), F.A.C. The form is incorporated herein by reference in Rule 64B7-29.002, F.A.C., or 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/colon-appren-app.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-           .

    (2)  The qualified establishment must be equipped with the following  during colon hydrotherapy apprenticeship training:

    (a)  Colon hydrotherapy textbooks and teaching materials, and

    (b)  Colon hydrotherapy equipment, and

    (c)  Sterilization equipment, if non-disposable attachments are used.

    (3)(2) The colonic hydrotherapy irrigation apprentice shall complete colonic irrigation training within 12 months of commencement.

    (4)(3) The training course of study for a colonic hydrotherapy irrigation apprentice must meet minimum standards training for a course of study in colonic hydrotherapy irrigation as provided in subsection 64B7-32.005(3), F.A.C.

    (5)(4) The sponsor shall certify training is complete by reporting the following to the Department:

    (a) The name and license number of the colonic hydrotherapy irrigation apprentice;

    (b) The colonic irrigation apprenticeship certificate number

    (b)(c) The name and license number of the sponsoring massage therapist;

    (c)(d) The name and license number of the qualified massage establishment;

    (d)(e) The starting and ending date of the trainings, and

    (e) (f) A record of completion of training the course of study, indicating number of hours completed by date, and treatments provided by date.

    Rulemaking Authority 480.035(7), 480.041(5)(a) FS. Law Implemented 480.041(5)(a) FS. History–New 4-21-86, Formerly 21L-29.007, Amended 7-3-97, Formerly 61G11-29.007, Amended 12-18-17,          .

     

    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

Document Information

Comments Open:
8/5/2020
Summary:
Update rule text to implement changes.
Purpose:
The Board propose the rule amendments to implement changes due to HB 713.
Rulemaking Authority:
456.013, 480.035(7), 480.041(1)(b), 480.041(5)(a) FS.
Law:
456.013, 480.041(1)(b), 480.041(5)(a), 480.047(1) FS.
Contact:
Kama Monroe, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3253.
Related Rules: (6)
64B7-29.001. Definitions
64B7-29.002. Qualification
64B7-29.003. Apprenticeship Training Program
64B7-29.004. Termination
64B7-29.006. Change of Sponsoring Massage Therapist
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