The update the definition of Designated Establishment Manager so it does not conflict with the statute.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NORULE TITLE:

64B7-26.001Definitions

PURPOSE AND EFFECT: The update the definition of Designated Establishment Manager so it does not conflict with the statute.

SUMMARY: The proposed change will update the definition of Designated Establishment Manager to be consistent with legislative changes related to HB 197.

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: 480.035(7), 480.043(3) FS.

LAW IMPLEMENTED: 480.043 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: Stephanie Webster, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3257, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B7-26.001 Definitions.

(1) through (3) No Change.

(4) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction, a health care practitioner licensed under Chapter 457 F.S.; or a physician licensed under Chapter 458 F.S., Chapter 459 F.S., Chapter 460 F.S., who practices at the location and is responsible for the operation of a massage establishment in accordance with Chapters 456 and 480, F.S. and related rules, who is designated the manager by the rules or practices at the establishment.

(5) No Change.

Rulemaking Authority 480.035(7), 480.049(3) FS. Law Implemented 480.043 FS. History–New 7-16-98, Amended 8-5-03, 2-26-12, 12-25-19,___________.

 

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 24, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 24, 2024