The Board propose a substantial rewording of the rule.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-26.003Massage Establishment Operations

PURPOSE AND EFFECT: The Board propose a substantial rewording of the rule.

SUMMARY: Update rule text.

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(2) FS.

LAW IMPLEMENTED: 480.043(2) 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:

Substantial rewording of Rule 64B7-26.003 follows.  See Florida Administrative Code for Present Text.

 

64B7-26.003 Massage Establishment Operations.

(1) Each establishment must meet the following facility requirements:

(a) Comply with all municipal building code requirements.

(b) Provide restroom facilities, which include at a minimum:

1. One toilet and one sink with running water.

2. Toilet tissue.

3. Soap dispenser with soap or other hand sanitizing agent.

4. Sanitary towels for hand drying, or another hand drying device, such as a wall-mounted electric blow dryer.

5. Waste receptacle.

(c) Centralized restroom facilities within three hundred feet of the massage establishment may be substituted for establishments which reside in buildings that are so equipped.

(d) When equipped with a whirlpool bath, sauna, infrared sauna, steam cabinet or steam room, provide shower facilities which include at a minimum:

1. One shower fixture with running hot and cold water.

2. Separation of shower facility from other facilities by means of a curtain or other visual divider.

(e) Provide lavatory facilities in each treatment room, or within twenty feet of each treatment room which include at a minimum:

1. A sink with running water, soap dispenser with soap, and sanitary towels for hand drying or another hand drying device, such as a wall-mounted electric blow dryer, or

2. Hand sanitizer or another chemical germicidal designed to disinfect without the use of running water.

(f) Maintain all facilities in good repair, well-lighted and properly ventilated.

(2) Each establishment must meet the following safety requirements:

(a) Maintain a fire extinguisher on premises, which meets standards for inspection and maintenance as required by 69A-21.237, F.A.C.

(b) Provide for safe storage and removal of flammable materials.

(3) Each establishment must meet the following sanitary requirements:

(a) Provide for the removal of refuse.

(b) Use effective control measures to prevent entry and harborage of vermin.

(4) Each establishment must meet the following requirements for equipment and supplies used in the practice of massage therapy:

(a) Massage table surface must be made of, or covered by, a non-porous, non-absorbent material that is free from rips, tears or cracks.

(b) The establishment must have a sufficient supply of clean drapes for each client while massage services are performed.

1. “Drapes,” as used herein, may include, but shall not be limited to: towels, gowns, sheets and linens.

(c) All equipment intended for use in the performance of massage services must be maintained in a safe and sanitary condition.

1. For massage table surfaces where direct contact with a client is made solely with a non-porous, non-absorbent surface, the surface must be disinfected after each client.

2. For massage tables where the surface is additionally covered by sheets, towels, or other coverings which make direct contact with clients, such covering must be changed after each client, and the non-porous, non-absorbent material must be disinfected on a regular basis.

3. Drapes and other materials furnished for use by the client must be laundered before reuse.

(5) Establishments which provide colonic irrigation must:

(a) Maintain colonic irrigation equipment in safe and sanitary condition.

(b) Maintain sterilization equipment if non-disposable colonic attachments are used.

(6) Each establishment shall maintain property damage and bodily injury liability insurance. The original or a copy of such policy shall be current and available on the premises of the establishment.

Rulemaking Authority 480.035(7), 480.043(2) FS. Law Implemented 480.043(2) FS. History–New 11-27-79, Amended 10-13-81, 9-10-84, 9-25-85, Formerly 21L-26.03, Amended 4-30-87, 6-12-89, 8-15-89, 5-31-92, 11-2-92, Formerly 21L-26.003, 61G11-26.003, Amended 2-16-99, 11-4-99, 6-8-00,                              .

 

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 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2018