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NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE BOARD OF MASSAGE THERAPY

BRIEF DESCRIPTION: The Board of Massage Therapy is proposing to update the regulations of the educational requirements defining “in-class supervised instruction”, the continuing education requirements, the Code of Ethics and Standards of Practice, and massage therapy establishments to implement amendments to AS 08.61 enacted under Chapter 10, SLA 2018 (HB 110).

The Board of Massage Therapy (Board) proposes to adopt regulation changes in Title 12, Chapter 79 of the Alaska Administrative Code including the following:

1. 12 AAC 79.100. Application for licensure by examination, is proposed to be changed by adding
new sections regarding "in-class supervised instruction".

2. 12 AAC 79.110. Application for licensure by credentials, is proposed to be changed to remove certain organizations and allow the board to approve a credentialing entity for massage therapist certification. 

3. 12 AAC 79.200. License renewal, is proposed to amend the renewal requirements, clarify when continuing education must be obtained, and add requirements for reinstatement of a lapsed license.

4. 12 AAC 79.210. Continuing education requirements, is proposed to be amended to clarify the continuing education requirements, and add continuing education in ethics.

5. 12 AAC 79.900. Code of ethics, standards of practice, and establishment standards of operation, is proposed to update the code of ethics and standards of practice, adopted by reference.

6. 12 AAC 79.930. Regulation of massage therapy establishments, is a new section outlining regulation of massage therapy establishments.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Sher Zinn, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/195853, and using the comment link. The comments must be received not later than 4:30 p.m. on November 25, 2019. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Sher Zinn, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofMassageTherapists.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, not later than November 19, 2019, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MAS-1019.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.61.020; AS 08.61.030; AS 08.61.040; AS 08.61.050; AS 08.61.090

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.61.020; AS 08.61.030; AS 08.61.040; AS 08.61.050; AS 08.61.090

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

DATE: October 24, 2019
Sher Zinn, Regulations Specialist
Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1. Adopting agency:
Board of Massage Therapy - Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2. General subject of regulation: Educational requirements for in-class supervised instruction, continuing education, the Code of Ethics and Standards of Practice, and regulation of Massage Therapy Establishments.

3. Citation of regulation: 12 AAC 79.100; 12 AAC 79.110; 12 AAC 79.200; 12 AAC 79.210; 12 AAC 79.900; 12 AAC 79.930

4. Department of Law file number: #2018201001

5. Reason for the proposed action: Update and clarification of current regulations and to implement statutory changes.

6. Appropriation/Allocation: Corporations, Business and Professional Licensing - #2360.

7. Estimated annual cost to comply with the proposed action to:

    A private person: Cost of registration for a massage therapy establishment to be determined by the Department.
    Another state agency: None known.
    A municipality: None known.

8. Cost of implementation to the state agency and available funding (in thousands of dollars):
    No costs are expected in FY 2020 or in subsequent years.

9. The name of the contact person for the regulation:
    Dawn Dulebohn, Licensing Examiner
    Division of Corporations, Business and Professional Licensing
    Telephone: (907) 465-3811
    Email: dawn.dulebohn@alaska.gov

10. The origin of the proposed action: Board of Massage Therapy.

11. Date: October 24, 2019
      Prepared by: Sher Zinn, Regulations Specialist


Attachments, History, Details

Revision History

Created 10/21/2019 2:20:10 PM by skzinn
Modified 10/23/2019 2:46:25 PM by skzinn
Modified 10/24/2019 8:24:14 AM by skzinn

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #: DOL #2018201001
 
Publish Date: 10/24/2019
Archive Date: 11/26/2019
 
Events/Deadlines:
  • Public comment deadline
    11/25/2019 4:30pm