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:

64B7-32.003Minimum Requirements for Board Approved Massage Schools

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: 480.033(9), 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: 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:

64B7-32.003 Minimum Requirements for Board Approved Massage Therapy Schools.

(1) In order to receive and maintain Board approval, an in-state schools, and any satellite location of a previously approved in-state school, must:

(a) Submit a completed application on form DH-MQA 1266, Rev. 1/18, “Application for Massage Therapy School Approval,” (01/18).  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 https:.//floridamassagetherapy.gov/education-and-training-programs/ http://floridasmassagetherapy.gov/applications/app-mt-school.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-09169. To complete this application online, apply on-line, visit http://flhealthsource.gov/mqa-services.

(b) No Change.

(c) Offer a course of study that includes, all required hours in each subject area listed below in chart A, except that from March 1, 2020 to March 31, 2022 some hours may be delivered as instruction hours as detailed in chart B. All hours must be completed at a rate of no more than 6 hours per day and no more than 30 hours per calendar week:

Chart A Minimum Course of Study Requirements

Subject Area	Required Classroom Hours
Anatomy and Physiology	150
Basic Massage Therapy Theory and History	100
Clinical Practicum Massage Therapy	125
Allied Modalities Massage Therapy	76
Business	15
Theory and Practice of Hydrotherapy	15
Florida Laws and Rules Governing Massage Therapy Practice (Cchapters 456 and 480, F.S., and Rule chapter 64B7, F.A.C.)	10
Professional Ethics	4
HIV/AIDS Education	3
Prevention of Medical Errors	2

Chart B Minimum Course of Study Requirements(March 1, 2020 – March 31, 2022)

Subject Area	Required Classroom Hours	Total Required Hours (classroom and instruction)
Anatomy and Physiology	0	150 hours
Basic Massage Theory  and History	75	100 hours
Clinical Practicum	125	125 hours
Allied Modalities	76	76 hours
Business	0	15 hours
Theory and Practice of Hydrotherapy	12	15 hours
Florida  Laws and Rules Governing Massage Therapy Practice (Chapters 456 and 480, F.S., and Rule Division 64B7, F.A.C.)	0	10 hours
Professional Ethics	0	4 hours
HIV/AIDS Education	0	3 hours
Prevention of Medical Errors	0	2 hours

(d) Achieve a graduate passage rate not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time examinees on a bBoard approved examination during a calendar year.

1. If an in-state bBoard approved massage therapy school’s graduate passage rates do not equal or exceed required passage rates for two consecutive calendar years, the school will be placed on probationary status pursuant to Chapter 120, F.S. The bBoard may require the program director to present a plan for remediation at a regularly scheduled meeting.

2. The bBoard will remove probationary status at a regularly scheduled meeting following release of the school’s graduate passage rate by the bBoard approved testing vendor and once the school achieves a graduate passage rate for any one calendar year that equals or exceeds the required passage rate.

(2) An in-state bBoard approved massage therapy school must notify the bBoard within 90 days of:

(a) through (e) No Change.

(3) Approval of an in-state bBoard approved massage therapy school shall be rescinded or other action taken if the school:

(a) through (e) No Change.

(4) If an in-state bBoard approved massage therapy school or any owner, manager, faculty, or other employee or agent is alleged to have violated any provision of Chapter 480, F.S., and rule Chapter 64B7-32, F.A.C., or any part therein:

(a) The bBoard shall inform the school of any alleged violations in writing. The school shall respond in writing. The school may request an appearance before the bBoard at the next scheduled meeting to explain any mitigating factors;

(b) If the bBoard determines that a school is in noncompliance, it may impose one of the following:

1. Corrective action required which shall include the time period in which the school must comply; or

2. Rescission of bBoard approval.

(c) The Board shall inform the Florida Department of Education of the action taken.

(5) The Board shall review approval of an in-state board approved massage therapy school when a change in ownership occurs. If the bBoard determines that the school is in noncompliance with any provision of Chapter 480, F.S., and rule Chapter 64B7-32, F.A.C., or part therein, it may impose one of the following:

(a) No Change.

(b) Rescission of bBoard approval.

Rulemaking Authority 480.033(9), 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Amended 8-15-89, 12-22-92, Formerly 21L-32.003, Amended 10-20-96, Formerly 61G11-32.003, Amended 8-16-98, 10-30-07, 4-25-10, 5-8-12, 3-21-18, 8-31-20, _______.

 

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: September 1, 2021