64B7-32.003: Minimum Requirements for Board Approved Massage Schools
PURPOSE AND EFFECT: The Board proposes this rule amendment to establish a standard for success on the approved national examinations in order to assist Florida citizens in achieving licensure after substantial expenditure in completing the required education.
SUMMARY: This rule amendment will establish a standard for success on the approved national examinations in order to assist Florida citizens in achieving licensure after substantial expenditure in completing the required education.
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, based upon the expertise and experience of its members, 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) FS.
LAW IMPLEMENTED: 480.033(9), 480.041(1)(b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Jusevitch, Executive Director, Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
64B7-32.003 Minimum Requirements for Board Approved Massage Schools.
(1) In order to receive and maintain Board of Massage Therapy approval, a massage school, and any satellite location of a previously approved school, must:
(a) through (b) No change.
(c) An approved program must achieve a graduate passage rate that is not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time test takers on the Board approved exam during a calendar year, as calculated by the contract testing service of the Board approved exam vendor.
(d)(c) Apply directly to the Board of Massage Therapy and provide the following information:
1. Sample transcript and diploma; and
2. Copy of curriculum, catalog or other course descriptions;
3. Faculty credentials; and
4. Proof of licensure by the Department of Education.
(2) No change.
(3) Board of Massage Therapy approval shall be withdrawn or other action taken if the massage school, which it regulates under Chapter 480, F.S., and this rule:
(a) through (d) No change;
(4) A Board of Massage Therapy-approved school must notify the Board of Massage Therapy within 90 days of:
(a) Changes in curriculum; and
(b) Changes in faculty or staff, including submission of the credentials of new faculty; and
(b)(c) Changes in address.
(5) No change.
(6) If a massage school is alleged to have violated any provision of Chapter 480, F.S., Rule Chapter 64B7, F.A.C., or part therein;
(a) The Board shall inform the school of any alleged violations in writing;
(b) Beginning with graduate passage rates for calendar year 2013:
1. If an approved program’s graduate passage rates do not equal or exceed the required passage rates for 2 consecutive calendar years, the board may place the program on probationary status pursuant to Chapter 120, F.S., and may require the program director to appear before the board to present a plan for remediation. If the program is placed on probationary status the program shall remain on probationary status until it achieves a graduate passage rate that equals or exceeds the required passage rate for any 1 calendar year.
2. Upon the program’s achievement of a graduate passage rate that equals or exceeds the required passage rate, the board, at its regularly scheduled meeting following release of the program’s graduate passage rate by the Board approved testing vendor, shall remove the program’s probationary status. However, if the program, during the 2 calendar years following its placement on probationary status, does not achieve the required passage rate for any 1 calendar year, the board shall terminate the program pursuant to Chapter 120, F.A.C.
(c) The school shall respond in writing and/or request to appear before the Board at the next scheduled meeting to explain any mitigating factors;
(d) If the Board determines that a school is in noncompliance, it may impose one of the following:
1. Corrective action required which shall include the time period in which the school must comply; or
2. Withdrawal of Board approval.
(e) The Board shall inform the Florida Department of Education or if an out of state school, the equivalent licensing authority, of the action taken.
Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Amended 8-15-89, 12-22-92, Formerly 21L-32.003, Amended 10-20-96, Formerly 61G11-32.003, Amended 8-16-98, 10-30-07, 4-25-10,________.