The Board proposes the development of a rule amendment to clarify Designated Establishment Managers responsibilities.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-28.0035:Designated Establishment Managers

PURPOSE AND EFFECT: The Board proposes the development of a rule amendment to clarify Designated Establishment Managers responsibilities.

SUBJECT AREA TO BE ADDRESSED: New rule text.

RULEMAKING AUTHORITY: 480.35(7) FS.

LAW IMPLEMENTED: 480.043(12) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kama Monroe, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3253.

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

64B7-28.0035 Designated Establishment Managers.

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

(2) If a therapist whishes to serve as the DEM at more than two establishments, they must seek approval from the Board and provide written explanation of how they will practice at the different locations and how they will ensure that all of the establishments are in complince with laws and rules.  

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

(a)  Ensuring that massage therapist, employed by the establishment are duly licensed, current and active, and that the establishment’s license is current and active;

(b)  Ensuring that the establishment remains in compliance with Section 480.0535(2)(a)2, F.S., concerning documentation requied while working in an establishment;

(c)  Reporting policies or practices of the establishment which limit the ability of a massge therapist to comply with Section 480.0535(1), F.S., by restricting access to valid government identification;

(d)  Reporting possible violations of Section 480.0485, F.S., and/or Rule 64B7-26.010, F.A.C., related to sexual misconduct to the Board within three days;

(e)  Complying with the provisions of Sections 480.043, and 456.034, F.S., regarding human trafficking, including ensurring that all employees are aware of the establishment’s procedure for reporting suspected human trafficking; and

(f)  Practicing and ensuring the establishment practices in a manner consistent with law and rules, preventing discipline under the provisions of Section 480.041(1), F.S., and ensuring the Board is notified within ten days that the DEM is no longer serving as the establishment’s desinated establishment manager.

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