The Board proposes to clarify rule and update applications.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.:RULE TITLE:

64B7-28.010Requirements for Board Approval of Continuing Education Programs

PURPOSE AND EFFECT: The Board proposes to clarify rule and update applications.

SUMMARY: To clarify rule and update applications.

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: 456.013(8), (9), 456.025(7), 456.036, 480.035(7), 480.0415 FS.

LAW IMPLEMENTED: 456.013(8), (9), 456.025(7), 456.036, 480.0415 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: Danielle Terrell, 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:

 

64B7-28.010 Registration Requirements for Board Approval of Continuing Education Providers, Instructors, and Courses; Renewal of Provider Registration Programs.

(1) PROVIDERSHIP APPLICATION AND RENEWAL.

(a) To apply for register registration as an approved provider, an applicant must shall:

(1) sSubmit application form DH-MQA-CEB 1 (05/2006) as required by Rule 64B5.003, F.A.C., DH-MQA 1258 “Massage Continuing Education Programs Provider Registration Application, Form B: Course Offering Data Form,” (rev. 7/13/13) incorporated herein by reference for three proposed courses, and DH-MQA 1259 “Massage Continuing Education Programs Provider Registration Application, Form C: Instructor Qualifications Form,” (rev. 7/13/13) incorporated herein by reference for each proposed instructor for the proposed courses along with the non-refundable application fee of $100.00, and include as part of their application a sample of the certificate of attendance for each proposed course. Copies of the forms may be found online at www.cebroker.com or http://www.flrules.org/Gateway/reference.asp?No=Ref-03640 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03641.

(2) For courses in human trafficking awareness, an applicant shall also provide:

(a) Documentation for each instructor which demonstrates qualification to teach human trafficking awareness by training, experiencing, or by a showing of good cause.

(b) Submit course and instructor applications for at least one course approval pursuant to Rule 64B7-28.010(2), F.A.C.

(b) Course materials which demonstrates compliance with Section 480.041, F.S.

(c3) Notwithstanding any other provision of this chapter, the Board approves the following providers The following courses, that meet the criteria for approval under this section, and conform to Section 480.033(3), F.S., are approved by the Board:

1.(a) Organized and accepted courses of study offered by Pproviders approved by the National Certification Board for Therapeutic Massage and Bodywork whose approval is current and in good standing;

2.(b) Organized courses offered by a Florida Board Approved Massage Therapy Schools;

(c) Continuing education courses offered by or sponsored by the Florida Board of Massage Therapy;

3.(d) Providers Continuing education courses sponsored by the Florida State Massage Therapy Association;

4.(e) Providers Continuing education courses sponsored by the American Massage Therapy Association or the

5. Providers sponsored by the American Massage Therapy Association Florida Chapter; and,

6.(f) Continuing education courses offered by Tthe Associated Bodywork and Massage Professionals;.  and,

7. Providers approved by the Federation of State Massage Therapy Boards.

(c) To renew and approved providership a provider must submit the appropriate form and accordance with Rule 64B9-9.001(4), F.A.C., the renewal fee is $50.00 and any course updates required by this section by August 31st of every odd year.  A provider who fails to renew their provider registration number must reapply for approval of their providership.

(2) COURSE AND INSTRUCTOR APPLICATION AND APPROVAL.

(a) To register a course as an approved provider, the provider must:

1. Submit form DH-MQA-CEB-2 (05/2006) as required by rule 64B-5.003, F.A.C., along with form DH-MQA 1258, “Massage Continuing Education Course Content Supplement" (04/2023) for each learner objective of the proposed course. Form DH-MQA 1258 is incorporated herein by reference and may be found online at www.cebroker.com, http://www.flrules.org/Gateway/refernce.asp?No=Ref or at http//www.floridasmassagetherapy.gov/licensing.

2.  For each instructor of the proposed course, submit form DH-MQA-CEB-10 (05/2006), along with form DH-MQA 1259, “Massage Continuing Education Instructor Supplement” (04/2023). Form DH-MQA 1259  as incorporated herein by reference, and may be found online at www.cebroker.com, http://flrules.org/Gateway/reference.asp?No=Ref                or at http://www.floridasmassagetherapy.gov/licensing.

3. For courses offering hours in the “human trafficking awareness” subject area, submit documentation for each instructor which demonstrates qualification to teach human trafficking awareness by training, experience, or by a showing of good cause, and course materials demonstrating compliance with the subject area requirements of this section.

4. For courses offering hours in the “laws and rules” subject area, submit course materials demonstrating compliance with the subject area requirements of this section.

Rulemaking Authority 456.013(8), (9), 456.025(7), 456.036, 480.035(7), 480.0415 FS. Law Implemented 456.013(8), (9), 456.025(7), 456.036, 480.0415 FS. History–New 4-21-86, Amended 9-14-87, 8-29-88, 2-8-89, 3-12-90, 1-3-91, Formerly 21L-28.010, Amended 9-30-93, 8-16-94, 6-12-95, 2-12-97, Formerly 61G11-28.010, Amended 2-18-98, 10-26-98, 9-20-99, 11-4-99, 11-21-02, 10-12-03, 12-13-05, 7-5-06, 2-25-07, 5-8-07, 1-26-14, 3-21-18, 10-18-20, ____________________.

 

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: April 27, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 14, 2023