PURPOSE AND EFFECT: To address the penalty for new statutory violations.
SUBJECT AREA TO BE ADDRESSED: Citations.
SPECIFIC AUTHORITY: 456.072, 456.077 FS.
LAW IMPLEMENTED: 4456.072, 456.077 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela E. King, Executive Director, Board of Massage Therapy, 4052 Bald Cypress Way, Bin C06, Tallahassee, Florida 32399
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
(1) Definitions. As used in this rule:
(a) “Citation” means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a subject in the manner provided in Section 456.077, F.S., for the purpose of assessing a penalty in an amount established by this rule;
(b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Section 456.072, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) The Board hereby designates the following as citation violations, which shall result in a penalty as specified below:
(a) Refusing to allow the department to inspect the business premises of the licensee during regular business hours as required by Section 480.046(1)(l), F.S., shall result in a penalty of $500.00.
(b) Failing to display a license or certificate as required by Rule 64B7-28.008, F.A.C., shall result in a penalty of $250.00.
(c) Failing to keep the equipment and premises of a massage establishment in a clean and sanitary condition as required by Section 480.046(1)(m), F.S., shall result in a penalty of $250.00.
(d) Failing to maintain property damage and bodily injury liability insurance coverage as required by subsection 64B7-26.003(4), F.A.C., shall result in a penalty of $250.00.
(e) Failure to include the license number of either the massage therapist or the massage establishment in advertisements as required by Section 480.0465, F.S., shall result in a penalty of $250.00.
(f) Practicing with a delinquent license in violation of Section 480.047(1)(a), F.S., when the license, has become delinquent automatically for failure to renew, so long as the license is reactivated within 30 days of becoming delinquent, shall result in a penalty of $250.00. Practice for more than 30 days after a license has become delinquent shall not be a citation violation.
(g) Violations of Rule 64B7-28.009, F.A.C., by licensees provided that the violation did not involve bribery or fraudulent misrepresentation, shall result in a penalty of $25.00 per hour for each hour of deficit of the continuing education hour requirement, and completion of the required continuing education.
(h) First-time failure of the licensee to satisfy continuing education requirements established by the Board; Fine of $250.00, and one hour of continuing education for each hour not completed or completed late. These continuing education hours are to be completed within three months of the date of citation issuance.
(i) Failure of a massage therapist to notify the Board of a change of address as required by Section 456.035(1), F.S., shall result in a penalty of $250.00.
(j) False, misleading or deceptive advertising by advertising massage therapy services under a name under which a license has not been issued in violation of Section 480.046(1)(d), F.S., shall result in a penalty of $250.00.
(k) Violating Section 456.072(1)(h), F.S., by tendering a check that is dishonored by the institution upon which it is drawn shall result in a penalty of $250.00.
(l) First time failure to comply with the HIV/AIDS continuing education requirements of Section 456.034, F.S., or the medical errors continuing education requirements of Section 456.013(7), F.S., shall result in a penalty of $250.00 for each deficient course requirement, in addition to the requirement to make up the coursework within 90 days of the date the citation is filed.
(m) Failing to identify to a patient verbally or in writing, which may include wearing of a name tag, that a licensee is practicing as a licensed massage therapist, in violation of Section 456.072(1)(t), F.S., shall result in a penalty of $100.00.
(4) In addition to the fines imposed herein, the costs of investigation and prosecution for each offense shall be assessed in the citation.
(5) All fines and costs imposed in a citation shall be paid within 30 days of the date the citation is filed.
Specific Authority 456.072, 456.077 FS. Law Implemented 4456.072, 456.077 FS. History–New 1-1-92, Amended 11-15-92, Formerly 21L-30.004, Amended 9-30-93, 12-12-93, 4-21-97, Formerly 61G11-30.004, Amended 8-16-98, 7-18-99, 7-27-00, 10-12-03, 8-9-04, ________.