64B7-28.009: Continuing Education
PURPOSE AND EFFECT: The Board proposes the substantial rewrite of this rule to modify the language for the requirements for continuing education.
SUMMARY: The board proposes the substantial rewrite of this rule to modify the language for the requirements for continuing 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: 456.013(7), (8), (9), 480.035(7), 480.0415 FS.
LAW IMPLEMENTED: 456.013(7), (8), (9), 480.0415 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, 4052 Bald Cypress Way, Bin #C06, Tallahassee, FL 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
(Substantial rewording of Rule 64B7-28.009 follows. See Florida Administrative Code for present text).
64B7-28.009 Continuing Education.
(1) For each full biennium during which a massage therapist is licensed, pursuant to Chapter 480, F.S., the licensee shall complete one contact hour of board-approved continuing education, up to the maximum of 24 hours, for each month or part thereof during which the licensee holds an active license, plus the course on HIV/AIDS that meets the requirements of Section 456.034(1), F.S., which shall, in the aggregate, meet the following requirements.
(a) At least 12 contact hours relevant to and focus on human massage therapy techniques, which may include history of massage therapy or human anatomy, physiology, kinesiology, or pathology, taught via live classroom instruction including hands-on instruction and/or demonstration. Up to 6 contact hours may be met by performing pro bono services pursuant to Rule 65B7-28.0095, F.A.C.
(b) A 2 hour course in prevention of medical errors that meets the requirements of Section 456.013(7), F.S.
(c) Two hours of instruction in professional ethics and two hours on the laws and rules regulating the practice of massage therapy, which includes instruction on Chapters 480 and 456, F.S. and Rule Chapter 64B7, F.A.C. The requirements of this subsection can be met by attending four continuous hours of a meeting of the Board of Massage Therapy, if the licensee does not have a discipline or licensure matter on the agenda for the same meeting day. The licensee must sign in and out of the meeting to demonstrate compliance with this requirement.
(d) The six remaining required contact hours may include courses on communications with clients and other professionals, insurance relating to third party payment or reimbursement for services, psychological dynamics of the client-therapist relationship, risk management, including charting, documentation, record keeping, or infection control (other than the HIV/AIDS course required by Section 456.034, F.S., or massage practice management. The remaining hours may also include up to 4 hours credit for adult cardio-pulmonary resuscitation (CPR), provided the course is sponsored by the American Red Cross, the American Heart Association or the American Safety and Health Institute, or is instructed by persons certified to instruct courses for those organizations. These continuing education requirements may be met through live classroom instruction and/or correspondence/home study courses. Correspondence/home study courses must include a test graded by the provider. Video cassette courses shall not exceed 5 hours per subject. A certificate of attendance/completion shall be issued and shall indicate the course is a correspondence/home study course, and shall indicate that the attendee has passed the course.
(2) For massage therapists licensed during the renewal biennium in which they completed their massage therapy program, and who are licensed for fewer than 24 months, shall complete the course on HIV/AIDS that meets the requirements of Section 456.034(1), F.S., and a 2 hour course in prevention of medical errors that meets the requirements of Section 456.013(7), F.S. The courses completed in their massage therapy program shall meet the remaining continuing education requirements of this rule.
(3) The licensee shall retain, for not less than four years, such receipts, vouchers or certificates as are necessary to document completion of the continuing education requirements of this rule.
(4) At the end of each biennium, the Board will audit a number of randomly selected licensees to assure that the continuing education requirements have been met. Within 21 days of a request from the Board or Department, the licensee must provide written documentation that the continuing education requirements have been met.
Rulemaking Specific Authority 456.013(7), (8), (9), 480.035(7), 480.0415 FS. Law Implemented 456.013(7), (8), (9), 480.0415 FS. History–New 4-21-86, Amended 2-25-88, 8-29-88, 1-30-90, 10-2-90, Formerly 21L-28.009, Amended 8-16-94, 6-5-95, 2-12-97, Formerly 61G11-28.009, Amended 8-16-98, 3-15-99, 9-20-99, 11-28-02, 2-13-05, 3-1-07, 5-1-07,________.