23069915, 64B7ER20-22 - Florida Administrative Rules, Law, Code, Register

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Notice: 23069915

Notice of Emergency Rule

Department:

DEPARTMENT OF HEALTH

Division:

Board of Massage Therapy

Overview

RULE:

64B7ER20-22

Education 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 mimimum 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 Board approved massage schools to offer a course of study which “includes, at a minimum, 500 classroom hours,” which are defined in Rule 64B7-32.001(1), F.A.C., as “no less than 50 minutes of any one clock hour during which the student participates in a learning activity of the school while in the physical presence of a faculty member.”
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. 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 during classroom hour instruction, and inquiries as to whether there is an alternative method by which they can offer the minimum course of study required for licensure. 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 the Department of Education has advised schools to offer educational content by distance education. The Commission for Independent Education (CIE), as the licensing authority for private-postsecondary schools, is also strongly encouraging distance education for schools licensed under its purview. Most Board approved massage schools are licensed by the CIE.
Ensuring that Florida’s citizens are not unnecessarily put at risk is essential during this healthcare emergency.  Faculty and enrolled students have an increased likelihood of exposure to COVID-19 if they continue to complete required courses of study in person.
Accordingly, the Board, by emergency rule, will permit the following required hours to be taught using distance learning: 150 hours of Anatomy and Physiology; 25 hours of Massage Theory and History; 15 hours of Business; 3 hours of Theory and Practice of Hydrotherapy; 10 hours of Florida Laws and Rules; 4 hours of Professional Ethics; 3 hours of HIV/AIDS; and 2 hours of Prevention of Medical Errors.  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 enrolled students, educators and citizens 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 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 March 19, 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 in-person (classroom hour) requirements for areas of study within the required course of study for Board approved massage schools and permits enrolled students to complete training in those specified areas of study 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:

3/23/2020 Vol. 46/57

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://www.flrules.org/gateway/ruleno.asp?id=64B7ER20-22&PDate=3/23/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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