4731-1-12 Application and examination for certificate to practice massage therapy.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

State Medical Board

Agency Name

 

Sallie Debolt

Division                                                                  Contact

 

30 East Broad Street 3rd floor Columbus OH 43215-6127

614-644-7021

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4731-1-12

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Application   and   examination   for   certificate   to   practice

massage therapy.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4731.05, 4731.15, 4731.16, 4776.03

5.  Statute(s) the rule, as filed, amplifies or implements: 4731.16, 4731.17, 4731.171, 4731.19, 4776.02

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To remove a provision that may be in conflict with Section 4731.19, ORC, and to sunset the rule effective January 24, 2013.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Paragraph (B)(2) is proposed to be deleted in entirety. The current language provides that an applicant for the December 2011 massage therapy examination administered by the Medical Board who did not graduate will not need to submit a licensure application fee when applying for a license upon passing the MBLEx.

Paragraph (D) is proposed to be added to sunset the rule.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule references a rule codified in the Ohio Administrative Code and a statute codified in the Ohio Revised Code.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

n/a

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

The revison is to the On Line Data and Supplemental Questions, question number

4. The correction is to delete "47431.16" and replace with "4731.16." No revisions have been made to the language of the proposed rule.

12. 119.032 Rule Review Date: 3/21/2012

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

The propsed amendment does not, in and of itself, have a fiscal impact on the Medical Board budget. However, there will be a corresponding expenditure of $13, 250 in FY 2012 to refund application fees paid by applicants for the Medical Board's December 2011 examination who did not sit for that examination. The refund was recommended by CSI and accepted by the Medical Board.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Line 883609 authorizes the expenditure of $13, 250 in FY 2012 to refund application fees paid by applicants for the Medical Board's December 2011 examination who did not sit for that examination. The refund was recommended by CSI and accepted by the Medical Board.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The applicant must pay the fee for the criminal records check, which is estimated to be between $65 and $72 dollars, depending on the vendor selected. (Obtained from an internet search for selected WebCheck vendors listed on the Attorney General's website.)

The applicant will have had to have passed the MBLEx, at a cost $195. (Federation of Masage Therapy Board's website)

The applicant will have to pay postage for mailing in the application.

The applicant is required to submit an application fee, which is specified in Section 4731.19, ORC, as $150.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

Sections 4731.15 through 4731.19, Ohio Revised Code, require a person to obtain a license prior to engaging in massage therapy. The rule does not require the person to obtain a license but sets forth the application process and components required for a completed application. It also specifies the examination required for licensure and the passing score.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

The rule requires an applicant to expend funds for a criminal background check, pursuant to Medical Board rule adopted to implement Section 4776.02, ORC. It requires the applicant to have expended funds for the MBLEx examination fee. The rule requires the applicant to submit information required on the licensure application, and also requires the applicant to submit the application fee specified in Section 4731.19, ORC.