The board proposes this rule amendments to institute procedure to prevent fraud and to clarify the requirements for proof of graduation.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-32.002Proof of Graduation

PURPOSE AND EFFECT: The board proposes this rule amendments to institute procedure to prevent fraud and to clarify the requirements for proof of graduation.

SUMMARY: The proposed rule amendments are necessary to clarify the requirements for proof of graduation and institute procedures to prevent fraud.

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 been prepared by the agency.

The following is a summary of the SERC:

• Based on the annual average number of entities, 150 of the current 170 schools are expected to comply with the rule.

• There will be no costs to the Department for implementing the proposed rule.

• There will be no costs to any other state and local government entities for implementing the proposed rule.

• There will be no costs to any other state and local government enforcing the proposed rule.

• There will be costs incurred by individuals and entities required to comply with the requirements of the proposed rule will be minimal.

• The estimated number of small businesses that would be subject to the rule is less than 150.

• No small county or small city will be impacted by this proposed rule.

• No good faith written proposals for a lower cost regulatory alternative to the proposed rule were received.

The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

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) FS.

LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) 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: Anthony Jusevitch, Executive Director, Board of Acupuncture/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B7-32.002 Proof of Graduation.

To be acknowledged as a graduate of a Board approved massage school as referred to in Section 480.033(9), F.S., the Board’s administrative office must receive one of the following: a list of graduates sent electronically in a method designed by the Board office or an official transcript which indicates that an applicant has met all educational and institutional requirements indicating the start date and the date of graduation.

(1) List of graduates sent electronically in a method designed by the Board office; or

(2) Official transcript which indicates that an applicant has met all educational and institutional requirements indicating the date of enrollment and the date of graduation. An official transcript must include the following:

(a) Transcript must be printed on counterfeit proof paper;

(b) Transcript must be created in an electronic system at the approved massage school that includes an audit trail;

(c) Transcripts must be sent directly from the school to the Board office in a sealed envelope that states "Transcript is not valid if seal is broken."

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Formerly 21L-32.002, Amended 2-13-95, 2-21-96, 61G11-32.002, 2-26-12,___________.

 

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: December 19, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2013