The Board propose the rule amendments to clarify the language, incorporate new procedures, update the incorporated applications and add a new application due to recent legislative changes.

 

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NOS.:RULE TITLES:

64B7-26.001Definitions

64B7-26.002Licensure of Massage Establishments

64B7-26.006Change of Corporate Officers, Interested Parties, Designated Establishment Managers

64B7-26.007Transfer of Massage Establishment License

PURPOSE AND EFFECT: The Board propose the rule amendments to clarify the language, incorporate new procedures, update the incorporated applications and add a new application due to recent legislative changes.

SUMMARY: The proposed rules will update the language and 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: 480.035(7), 480.043(2), (9), 480.044 FS.

LAW IMPLEMENTED: 480.043, 480.043(2), (7), (9), 480.044, 456.0635 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:

 

64B7-26.001 Definitions.

(1) The term “Oownership entity” means the entity to whom a massage establishment license is issued. An ownership entity may be a  sole proprietor,  a partnership as defined in Section 605.0102, F.S., a limited liability company as defined in Section 607.01401(5), F.S., or another entity formed under the law of the jurisdiction in which the entity resides. , limited partnership or corporation that operates the massage establishment.

(2) “Massage establishment owner” means a natural person who has an ownership interest in a massage establishment, including an individual who holds a massage establishment license, a general partner of a partnership, an owner or officer of a corporation, a member of a limited liability company and its subsidiaries who hold a massage establishment license, or a person who has been identified as having an ownership interest by an entity formed under the law of the jurisdiction in which the entity resides.

(3) “Interested party” means an individual directly involved in the management of a massage establishment whose ownership entity is a corporation having more than $250,000 in business assets in this state.

(4) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with Chapters 456 and 480, F.S. and these rules, who is designated the manager by the rules or practices at the establishment.

(5)(2) “Doing The term “business as name” means the name under which the massage owner applies for the establishment does business.  This may be the ownership entity name, or a fictitious name, as registered with the Division of Corporations.  license to provide massage therapy, if different from the name of the owner.

Rulemaking Authority 480.035(7) FS. Law Implemented 480.043(7) FS. History–New 7-16-98, Amended 8-5-03, 2-26-12,        .

 

64B7-26.002 Licensure of Massage Establishments.

(1) Each massage establishment, shall obtain a license from the Department as required by Section 480.043(1), F.S., by submitting a completed form DH-MQA 1263, “Application for Massage Establishment Licenseure Application” (Rev. 07/19  11/15), incorporated herein by reference, together with the fee set forth in subsection 64B7-27.100(2), F.A.C.  The form and the attached instructions may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http://floridasmassagetherapy.gov/applications/app-bus-original-mt.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-            06532.

(2)  A massage establishment license may not be issued until a passing inspection result is received by the department which demonstrates that the proposed massage establishment is to be used for “massage” as defined in Section 480.033(4), F.S. and that the proposed massage establishment is in compliance with Chapters 456 and 480, F.S. and these rules.

(2) The application for licensure shall be submitted in the name of the owner or owners of the establishment. If the owner is a partnership, limited partnership or corporation, the application shall be submitted in the name of the business entity and shall be signed by an authorized representative.

(3) An owner operating an establishment under a fictitious name as defined in Section 865.09, F.S., must provide such name to the Board on the application for licensure. Any advertisement by the establishment of massage therapy must include the fictitious name, and must comply with Rule 64B7-33.001, F.A.C.

(3)(4) The massage establishment applicant shall submit proof confirming property damage and bodily injury liability insurance coverage for the proposed massage establishment. If the establishment is operated under a business name, the proof of insurance shall include both the name of the owner and the business name.

Rulemaking Authority 480.035(7), 480.043(2), 480.044 FS. Law Implemented 480.043, 480.044, 456.0635 FS. History–New 11-27-79, Formerly 21L-26.02, Amended 1-7-86, Formerly 21L-26.002, Amended 3-9-95, 9-25-95, Formerly 61G11-26.002, Amended 7-16-98, 1-26-00, 4-2-09, 10-7-14, 3-14-16,                   .

 

64B7-26.006 Change of Corporate Officers, Interested Parties, Designated Establishment Managers.

A massage establishment must submit a completed form DH-MQA 5040, “Massage Establishment Change of Corporate Officer/Interested Party/Designated Establishment Manager” application (07/19), incorporated herein by reference, which may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399 or from the website located at http://floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-       , within 10 days of the following:

(1) One or more owners, officers or interested parties of the corporation who is the ownership entity of the establishment change.  New owners, officers or interested parties must be eligible for licensure pursuant to Chapters 456 and 480, F.S. and these rules.

(2) A new designated establishment manager is appointed because the former designated establishment manager:

a. No longer holds a clear and active massage therapist license without restrictions.

b. Has been convicted of or entered a plea of guilty or nolo contendere to a misdemeanor or felony specified in Section 480.046(8), F.S.

c. Has been terminated, is no longer operating as the designated establishment manager for the establishment or is no longer designated the manager by the rules or practices at the establishment.

d. Terminates their own designation, by submitting a written request to the department.   The department shall notify the establishment when a designated establishment manager terminates their own designation.

Rulemaking Authority 480.035(7), 480.043(7) FS. Law Implemented 480.043  FS. History–New___________ 

 

64B7-26.007 Transfer of Massage Establishment Change of Name/Location License.

(1) When there is no change of ownership, or location, the owner the massage establishment may change the business name of the for location of the establishment. The owner shall apply for a change of business name by submitting a completed Form DH-MQA 1264 “Massage Establishment Change of Location/Name Application” (Rev. 6/14), incorporated herein by reference, accompanied by the application fee provided in paragraph 64B7-27.100(2)(d), F.A.C. The form and the attached instructions may be obtained from the Board Office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http://floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-04618. When a massage establishment business name is changed, without a change in ownership or location, a new establishment inspection is not required.

(1) To change only the name of a massage establishment, the massage  establishment owner shall submit a completed Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/19), incorporated herein by reference, accompanied by the application fee provided in paragraph 64B7-27.100(2)(d), F.A.C. The form may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway /reference.asp?No=Ref-            04618.  An inspection is not required when only a massage establishment’s name is changed.

(2) To change only the location of the massage establishment, When there is no change of ownership, the owner of a massage establishment may transfer the license from one location to another. tThe massage establishment owner shall apply for a change of location by submitting a completed Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location/Name Application” (Rev. 07/19 6/14), accompanied by the application fee provided in paragraph 64B7-27.100(2)(e), F.A.C. The form may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-   .  The A massage establishment license may not be transferred from one change locations to another until after a passing inspection result has been received by the department which demonstrates that the massage establishment is to be used for “massage” as defined in Section 480.033(4), F.S., is in compliance with Chapters 456 and 480, F.S. and these rules, and the change of location is approved.

(3) To change the location and name of the establishment, the massage establishment owner shall submit a completed Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/19), accompanied by the application fee provided in paragraph 64B27-100(2)(d), F.A.C.  The form maybe obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-     .  The massage establishment may not change locations until a passing inspection result has been received by the department which demonstrates that the massage establishment is to be used for “massage” as defined in Section 480.033(4), F.S., is in compliance with Chapters 456 and 480, F.S. and rules, and the change of location is approved.

Rulemaking Authority 480.035(7), 480.043(2), (9) FS. Law Implemented 480.043(2), (7), (9), 456.0635 FS. History–New 5-17-90, Formerly 21L-26.007, 61G11-26.007, Amended 9-14-98, 10-8-14,                      .

 

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: June 19, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2019