The Board proposed the new rule to establish the responsibilities of the Designated Establishment Managers.  

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    DEPARTMENT OF HEALTH

    Board of Massage Therapy

    RULE NO.:RULE TITLE:

    64B7-26.0035Designated Establishment Managers

    PURPOSE AND EFFECT: The Board proposed the new rule to establish the responsibilities of the Designated Establishment Managers.

    SUMMARY: The proposed new rule will set forth the responsibilities of the Designated Establishment Manager.

    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: 480.35(7) FS.

    LAW IMPLEMENTED: 480.043(12), 480.0535 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:

     

    64B7-26.0035 Designated Establishment Managers.

    (1) The Designated Establishment Manager (DEM) must practice in the massage establishment and is responsible for ensuring that the massage establishment is in compliance with the law, Chapters 456 and 480, F.S., and Rules 64B7, F.A.C.

    (2)  A Florida licensed massage therapist serving as DEM of a massage establishment shall ensure that establishment is operating in compliance with the laws and rules governing the practice of massage therapy, including;

    (a)  The serving DEM must ensure that every massage therapist, practicing in the massage establishment is duly licensed, current and active;

    (b)  The serving DEM must ensure that the massage establishment remains in compliance with Section 480.0535(2)(a)2, F.S., concerning documentation required while working in an establishment;

    (c)  The serving DEM must ensure that each licensed massage therapist has unrestricted access to their personal valid government identification to comply with Section 480.0535(1), F.S.;

    (d)  The serving DEM must, upon a report of possible violations of Section 480.0485, F.S., and/or Rule 64B7-26.010, F.A.C., related to sexual misconduct, report the incident to the Board within three days;

    (e)  The serving DEM must ensure compliance with the provisions of Sections 456.0341, and 480.043, F.S., regarding human trafficking, including ensuring that all practitioners are aware of the establishment’s procedure for reporting suspected human trafficking; and

    (f)  The serving DEM must ensure that the massage establishment practices in a manner consistent with law and rules, preventing discipline under the provisions of Sections 456.072, and 480.046, F.S., and ensuring the massage establishment notifies the Board that specific DEM is no longer serving as the establishment’s  DEM, and a replacement DEM is named, within 10 days.

    (3)  The DEM must notify the Board, within 3 days, if he or she is no longer serving as the DEM for a massage therapy establishment.  

    Rulemaking Authority  480.035(7)  FS.  Law Implemented 480.043(12), 480.0535 FS.  History‒New             .

     

    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: May 20, 2020

Document Information

Comments Open:
6/19/2020
Summary:
The proposed new rule will set forth the responsibilities of the Designated Establishment Manager.
Purpose:
The Board proposed the new rule to establish the responsibilities of the Designated Establishment Managers.
Rulemaking Authority:
480.35(7) FS.
Law:
480.043(12), 480.0535 FS.
Contact:
Kama Monroe, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3253.
Related Rules: (1)
64B7-26.0035.