23435217, 64B7ER20-29 - Florida Administrative Rules, Law, Code, Register

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Notice: 23435217

Notice of Emergency Rule

Department:

DEPARTMENT OF HEALTH

Division:

Board of Massage Therapy

Overview

RULE:

64B7ER20-29

Minimum Requirements for Board Approved Massage Schools

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Board of Massage Therapy (hereinafter the “Board”) is statutorily mandated to adopt rules establishing minimum requirements for Board approved Massage schools. Pursuant to this authority, the Board has promulgated rules setting forth the minimum requirements for Board approved Massage Schools. 
Rule 64B7-32.003, Florida Administrative Code, sets out the minimum requirements for Board Approved Massage Schools.  Subsection (1)(c) requires the course of study includes, at a minimum, 500 classroom hours in specific areas of study.  
On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency pursuant to the spread of the Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida.  The State of Emergency has been extended by Executive Orders numbers 20-114 and 20-166.   COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential air travel and to avoid crowds as much as possible.  
Since the issuance of the Executive Orders and declaration of a public health emergency by the State Health Officer and Surgeon General Dr. Rivkees, the Board office has received numerous calls and emails from Board approved massage schools concerned about the dangers of personal contact related to COVID-19 and inquiries as to whether there is an alternative method by which they can offer the specific education required for licensure. Some schools are concerned about the dangers of being in large groups of people in close contact in the classroom.  The Board office also relates that some schools have been advised by the Department of Education to offer educational content by distanced learning  
Ensuring that Florida’s citizens training to be massage therapists are not unnecessarily put at risk is essential during this healthcare emergency.  Given this emergency, citizens have an increased likelihood of being exposed to COVID-19 if they attend training in classrooms.  
Accordingly, the Board, by emergency rule, waives the minimum requirements for classroom hours for the following areas of study: Anatomy and Physiology; 25 of the 100 classroom hours required for Theory/History; Business; 3 of the classroom hours required for Hydrotherapy; Laws and Rules; Professional Ethics; HIV/AIDs; and Medical Errors,  and permit citizens to complete those courses in a distance learning format.  The Board finds that these actions are a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 and to protect the citizens and educators themselves from exposure to COVID-19.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the recently declared emergency in the State of Florida and the recent guidance from the CDC, the fact that the minimum education required by Board Approved Massage Schools, the Board finds that an immediate danger to the public health, safety, or welfare necessitates immediate action regarding this issue.  Notice of this emergency meeting was published in the Florida Administrative Register on June 3, 2020.  In addition, notice of the Board’s emergency meeting was posted on the Board’s official website.

SUMMARY:

The proposed emergency rule waives the classroom requirement for Board approved massage schools and permits citizens to complete training in those specified courses in a distance learning format.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kama Monroe, J.D., Executive Director, Board Massage Therapy, 4052 Bald Cypress Way, Bin # C-06 Tallahassee, Florida 32399-3257.

PRINT PUBLISH DATE:

7/16/2020 Vol. 46/138

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=64B7ER20-29&PDate=7/16/2020&Section=4

REFERENCE MATERIALS:

Ref-09169 Application for Massage Therapy School Approval

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