The Board proposes to clarify the rule language for massage establishment operations

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-26.003Massage Establishment Operations

PURPOSE AND EFFECT: The Board proposes to clarify the rule language for massage establishment operations

SUMMARY: The proposed rule clarifies rule language for massage establishment operations

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(3) 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, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B7-26.003 Massage Establishment Operations.

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

(a) No change.

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

1. One functioning toilet and one sink with running water.

2. through 5. No change. 

(c) No change.

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

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

2. No change.

(e) through (f)  No change. 

(2) No change. 

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

(a) No change.

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

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

(a) through (b)  No change.

(c) Non-porous, non-absorbent massage table surface surfact or covering must be disinfected after each client.

(d) No change.

(e) Maintain a sufficient supply of clean drapes for each client while massage services are performed.

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

(f) No change.

(5) through (6) No change. 

Rulemaking Authority 480.035(7), 480.043(3) FS. Law Implemented 480.043(3) 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, 2-25-20,                             .

 

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: December 2, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 30, 2021