The purpose of the amendments is to improve clarity and efficiency, and delete duplicative language.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NOS.:RULE TITLES:

64B7-29.001Definitions

64B7-29.002Qualification

64B7-29.003Apprenticeship Training Program

64B7-29.004Termination

64B7-29.006Change of Sponsoring Massage Therapist

64B7-29.007Colonics Training through Apprenticeship

PURPOSE AND EFFECT: The purpose of the amendments is to improve clarity and efficiency, and delete duplicative language.

SUMMARY: Improve clarity and efficiency, and delete language.

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 these rules at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rules 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(4)(a), 480.041(5)(a) FS.

LAW IMPLEMENTED: 456.013, 480.041(1)(b), 480.041(4)(a), 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 32399-3256.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 64B7-29.001 follows.  See Florida Administrative Code for present text.

64B7-29.001 Definitions.

(1) “Massage apprentice” means a person meeting the qualifications in Rule 64B7-29.002, F.A.C., studying massage under the direct supervision of a sponsor.

(2) “Colonic irrigation apprentice” means a licensed massage therapist, a massage apprentice, or a student in a Board-approved massage school who is studying colonic 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 irrigation, the sponsor must be authorized to practice colonic irrigation under Chapter 64B7-31, F.A.C., and must have been engaged in the practice of colonic irrigation for a minimum of three years.

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

(5) “Direct supervision” means the physical presence of the sponsor in the qualified establishment during training.

(6) “Qualified establishment” means a massage establishment licensed pursuant to 480.043, F.S., which, in addition to meeting the requirements of Chapter 64B7-26, F.A.C., is equipped 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, Florida Statutes

6. Rule Title 64B7, Florida Administrative Code

(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(4)(a) FS. Law Implemented 480.041(4)(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,                   .

 

64B7-29.002 Qualification.

Persons seeking to be apprentices shall meet the following requirements:

(1) The applicant must have secured the sponsorship of a sponsoring massage therapist.

(1)(2) The applicant must complete the application on form DH-MQA 1265, “Massage Apprentice Application,” 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 at http://www.flrules.org/Gateway/reference.asp?No=Ref-08077, or may be obtained from the Board Office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399, and pay the fee set forth in paragraph 64B7-27.100(1)(b), F.A.C.

(2)(3) A massage apprentice The applicant may not be enrolled simultaneously as a student in a Board-approved massage school.

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,                    .

 

Substantial rewording of Rule 64B7-29.003 follows.  See Florida Administrative Code for present text.

64B7-29.003 Massage Apprenticeship Training Program.

(1) All apprenticeship training shall be conducted by the sponsor, in a qualified establishment.

(2) Apprenticeship training shall be completed in four quarters of three months each, and must be completed within 12 months. Apprenticeship training must be completed at a rate of no more than 500 hours per quarter.

(3) The course of study for a massage apprentice must include:

(a) 300 hours of Anatomy

(b) 300 hours of Physiology

(c) 20 hours of Basic Massage Theory and History

(d) 50 hours of Theory and Practice of Hydrotherapy

(e) 25 hours of Florida Laws and Rules regulating the practice of massage therapy

(f) 50 hours of Allied Modalities

(g) 700 hours of Clinical Practicum

(h) 3 hours of HIV/AIDS instruction

(4) The massage apprentice must complete within the first quarter:

(a) 100 hours of Anatomy

(b) 100 hours of Physiology

(c) 15 hours of Florida Laws and Rules regulating the practice of massage therapy

(5) The sponsor must report completed training hours to the Department quarterly. Each quarterly report must include the following:

(a) The name and certificate number of the apprentice

(b) The name and license number of the sponsor

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

(d) The starting and ending date of the quarter

(e) The number of hours completed in each area of the course of study in the quarter

(f) The total number of hours completed in each area of the course of study during the apprenticeship

(g) The signature of the sponsor

(6) Massage 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), (4) FS. Law Implemented 480.041(1)(b), (4) 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,                           .

 

64B7-29.004 Termination.

(1) If an apprentice or sponsor terminates training, his apprenticeship the sponsoring must massage therapist shall so notify the Department, on a form furnished by the Department, within 30 ten (10) days.

(2) If disciplinary action is taken against the sponsor or qualified establishment, the apprenticeship shall be terminated. any violation of Chapter 480 or 456, F.S., or rules set forth in Chapter 64B7, F.A.C., is found subsequent to Department inspection of the “qualified massage establishment” as defined under Rule 64B7-29.001, F.A.C., the apprenticeship shall be tolled until such time as the violation(s) is corrected or disposition in the case is made. If the disposition of the case resulted in disciplinary action by the Board, the Board will require that the “sponsor” and the “apprentice” appear before the Board for the purpose of determining compliance with the apprenticeship training program requirements of Rule 64B7-29.003, F.A.C.

Rulemaking Authority 480.035(7), 480.041(1)(b), (4) FS. Law Implemented 480.041(1)(b), (4) FS. History–New 11-27-79, Formerly 21L-29.04, 21L-29.004, 61G11-29.004, Amended 11-21-02,                           .

 

64B7-29.006 Change of Sponsoring Massage Therapist.

If for any reason the sponsor sponsoring massage therapist is no longer able to train an apprentice, sponsor an apprentice, the sponsor or the apprentice must sponsoring massage therapist shall so notify the Department, on a form furnished by the Department, within 30 ten (10) days if the apprentice. If the apprentice desires to remain in the apprenticeship program. The apprentice he or she must secure another sponsor. the sponsorship of another sponsoring massage therapist. The apprentice shall receive credit for training received from the prior sponsor as reported by the prior sponsor to the Department. sponsoring massage therapist.

Rulemaking Authority 480.041(4)(a) FS. Law Implemented 480.041(1)(b), (4)(a) FS. History–New 11-27-79, Formerly 21L-29.06, 21L-29.006, 61G11-29.006, Amended                        .

 

64B7-29.007 Colonic irrigation Colonics Training through Apprenticeship Program.

(1) The applicant must complete form DH-MQA 1265, “Massage Apprentice Application,” 7/16, and pay the fee set forth in paragraph 64B7-27.100(1)(b), F.A.C. The form is incorporated by reference in Rule 64B7-29.002, or may be obtained from the Board Office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399.

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

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

A massage practitioner shall instruct another individual in colonics only under the following conditions:

(1) The trainee must be either:

(a) Licensed to practice massage under Chapter 480, F.S.,

(b) Approved as an apprentice under Chapter 64B7-29, F.A.C., or

(c) A student in a Board-approved massage school.

(2) The instructor, hereafter called sponsor, must be currently licensed under Chapter 480, F.S., and authorized to practice colonics under Chapter 64B7-31, F.A.C. The sponsor must have been actively engaged in the practice of colonics for a minimum of 3 years.

(3) The training shall take place in a massage establishment licensed under Chapter 480, F.S., which contains the following equipment:

(a) Colonic equipment.

(b) Disposable colonic attachments or sterilization equipment for non-disposable attachments.

(4) The licensee or apprentice who will receive colonics instruction must receive advance approval for such instruction from the Department. Such approval may be obtained in the following manner:

(a) If the applicant is a currently licensed massage practitioner or a student at a Board-approved massage school, application for “colonics only” apprenticeship on forms provided by the Department must be submitted. The applicant will be required to submit the apprentice fee as set forth in Rule 64B7-27.005, F.A.C.

(b) An unlicensed applicant for apprenticeship training may apply for colonics training approval, in addition to course work required under Rule 64B7-29.003, F.A.C.

(5) The apprentice shall complete colonics training within 24 months of approval by the Department.

(4)(6) The sponsor shall certify training is complete by reporting the following to the Department: on a Colonics Apprenticeship Report form provided by the Department when the apprentice has completed 100 hours of training in the subject, including 45 hours of clinical practicum as required by subsection 64B7-31.001(2), F.A.C. The form BOM-1 is hereby incorporated by reference and will be effective 7-3-97, copies of which may be obtained from the Board office at the 4052 Bald Cypress Way, Tallahassee, Florida 32399-3256.

(a) The name of the colonic irrigation apprentice

(b) The colonic irrigation apprenticeship certificate number

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

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

(e) The starting and ending date of the trainings

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

Rulemaking Authority 480.035(7), 480.041(4)(a) FS. Law Implemented 480.041(4)(a) FS. History–New 4-21-86, Formerly 21L-29.007, Amended 7-3-97, Formerly 61G11-29.007, 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: July 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 11, 2017