Chapter Awards Announced

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Congrats to Chapter LMT of the YEAR

Krystal Haworth, LMT

Congrats to Chapter Outstanding Service Award

Tina Bashlor

Congrats to Sports Team Member Award

Mara Silies

Annual Business Meeting January 8th, 2014

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Chapter Annual Business Meeting Reminder

It's that time once again when we must meet to determine the fate of the Chapter.

CE Class will be 1 Credit Hour on
UltraSound Therapy for Massage Therapists

Place: Keiser University of Daytona Beach
Directly off of Bill France Blvd

Time:January 8th, 2014 at 6:00pm-
Business Meeting Starts
Followed by 1 hour CE Class.

Student Members are welcome to attend and Vote at this meeting.Members should make an extra special effort to attend this meeting.

Chapter Board Elections

Those that are running for office will be presented to the general membership and a formal vote will occur on WednesdayNight to elect the candidates into office.

Chapter Award Nominations

The Chapter must vote on awarding the following awards for 2013.

  • Chapter LMT of the Year
  • Chapter Outstanding Service Award
  • Sport Team Outstanding Service Award

Annual Chapter Budget

Chapter Budget will be presented by Krystal Haworth our Chapter Treasurer for discussion and approval.

LAD
MTAW
Membership

Christmas Party Tickets OnSale

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Yes, It's that time of the year once again. Last chance at a monthly meeting to purchase your Christmas Party Tickets. $25 per person tickets are available November 13th at the Chapter Monthly Meeting. 

Ticket Sales are Brisk this year we have already started getting Door Prizes for everyone in attendance this year and our Sponsors have been extra Generous so Far. We will be giving away a $650 Towel Cabinet from Pevonia Equipment. 

Get Your Tickets Soon. They are going quickly. 

Christmas Party will be at 

LPGA International ClubHouse

December 11th at 6pm

 

Proposed Changes to CE Class Rules

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These are proposed changes to the Rules in 64B7-28.009 which will go before the BOMT at the Next Quaterly Board Meeting. 

64B7-28.009 Continuing Education.

(1) During each biennium, each licensee shall complete a minimum of one classroom hour of continuing education from a Board-approved provider for each month the license is active. Graduates of a Board-approved massage therapy school who are renewing their license for the first time shall complete a course of two classroom hours on prevention of medical errors that meets the requirements of Section 456.013(7), F.S. If the prevention of medical errors course completed during the course of study at the Board-approved massage school meets the requirements of Section 456.013(7), F.S., that course will satisfy the requirement of this rule.

(2) The continuing education shall include the following:

(a) At least one half of the classroom hours of instruction must be relevant to and focus on massage therapy techniques, must be in the presence of the instructor, must include hands-on participation by the licensee and/or demonstration by the instructor, and may include:

1. History of massage therapy,

2. Human anatomy,

3. Human physiology,

4. Human kinesiology, or

5. Human pathology

(b) Two classroom hours of instruction on prevention of medical errors that meet the requirements of Section 456.013(7), F.S.

(c) Two classroom hours of instruction in professional ethics.

(d) Two classroom hours of instruction on Chapters 456 and 480 of the Florida Statutes and the rules promulgated by the Board. This requirement may be satisfied by attending four continuous hours of a meeting of the Board, provided the licensee does not have a disciplinary or licensure matter on the agenda and the licensee signs in and out of the meeting to demonstrate compliance.

(3) The remaining classroom hours may be satisfied by completing instruction in:

(a) Communications with clients and other professionals.

(b) Insurance relating to third party payment or reimbursement for services.

(c) Psychological dynamics of the client-therapist relationship.

(d) Risk management including charting, documentation and record keeping.

(e) Infection control.

(f) Practice management.

(g) Cardio-pulmonary resuscitation if the course is instructed by persons certified by the American Red Cross, the American Heart Association or the American Safety and Health Institute.

Rulemaking Authority 456.013(7), (8), (9), 480.035(7), 480.0415 FS. Law Implemented 456.013(7), (8), (9), 480.0415 FS. History-New 4-21-86, Amended 2-25-88, 8-29-88, 1-30-90, 10-2-90, Formerly 21L-28.009, Amended 8-16-94, 6-5-95, 2-12-97, Formerly 61G11-28.009, Amended 8-16-98, 3-15-99, 9-20-99, 11-28-02, 2-13-05, 3-1-07, 5-1-07,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Massage Therapy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Massage Therapy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 7, 2013

 

64B7-28.010 Requirements for Board Approval of Continuing Education Programs.

(1) For the purpose of renewing or reactivating a license credit will be approved for programs which are offered by providers whose programs are approved by the Board. In order to receive Board approval as a provider to provide one or more programs, an applicant shall:

(a) Submit a completed Massage Continuing Education Programs Provider Registration Application, Form B: Course Offering Data Form, Form # DH-MQA 1258 (rev. 7/13/13) BMT-B, and Massage Continuing Education Provider Application ?? Form C: Instructor Qualifications Form, Form # DH-MQA 1259 (rev. 7/13/13) Supplemental Program/Instructor Information, BMT-C, incorporated herein by reference, and a non-refundable application fee of $100.00 250.00. The forms will be effective 12-13-05, Copies copies of the forms which may be obtained from the Board office at: 4052 Bald Cypress Way, BIN #C06, Tallahassee, Florida 32399-3256 at the following website https://www.cebroker.com/public/pb_educational_providers.aspx or http://www.flrules.org/Gateway/ reference.asp?No=Ref_______.

(b) Sign and abide by written agreement to:

1. Provide an identifiable person to be responsible for ensuring that each program presented under their Board of Massage Therapy provider registration number meets program requirements set forth in subsection (2) or (3) below.

2. through 4. No change.

(2) Each continuing education program presented to meet the requirements of paragraph 64B7-28.009(2)(a), F.A.C., for license renewal credit or to satisfy initial licensure requirements shall:

(a) Be taught via live classroom instruction including hands-on instruction and/or demonstration Meet the standards of subsection 64B7-28.009(2), paragraph (3)(a), (b) or (c), F.A.C.;

(b) through (c) No change.

(d) Provided, however, that approved courses in areas other than massage theory, history, and techniques may be instructed by a person who meets at least one of the following criteria:

1. Holds a minimum of a bachelor??s degree from a college or university which is accredited by a regional accrediting body recognized by the U.S. Department of Education or a substantially equivalent accrediting body of a foreign sovereign state, with a major in a subject directly related to the content of the program to be offered, or

2. Has, within the last five years of practical experience, had a minimum of two years teaching experience in the subject matter to be offered, or

3. Has taught the same courses on this approved subject a minimum of 3 times in the past 2 years before a professional convention, professional group, or at a massage therapy school, or

4. Has completed specialized training in the subject matter and has a minimum of two years of practical experience in the subject.

(3) Each continuing education program presented to meet the requirements of paragraph 64B7-28.009(2)(b), (c), (d) or (3), F.A.C., shall:

(a) Be taught via live classroom instruction or by correspondence, home study, video or digital media, or distance learning;

(b) Have stated learning objectives;

(c) Include a test graded by the provider if the course is not taught via live classroom instruction;

(d) Be instructed by a person who meets at least one of the following criteria:

1. Holds a minimum of a bachelor??s degree from a college or university which is accredited by a regional accrediting body recognized by the U.S. Department of Education or a substantially equivalent accrediting body of a foreign sovereign state, with a major in a subject directly related to the content of the program to be offered, or

2. Has, within the last five years of practical experience, had a minimum of two years teaching experience in the subject matter to be offered, or

3. Has taught the same courses on this approved subject a minimum of 3 times in the past 2 years before a professional convention, professional group, or at a massage therapy school, or

4. Has completed specialized training in the subject matter and has a minimum of two years of practical experience in the subject.

(4)(3) The Board retains the right and authority to audit and/or monitor programs given by any provider. The Board will reject individual programs given by a provider if the provider has disseminated any false or misleading information in connection with the continuing education program, or if the program provider has failed to conform to and abide by the written agreement and rules of the Board.

(5)(4) One classroom hour of continuing education is defined as no less than 50 uninterrupted minutes of learning.

(6)(5) Presenters/moderators/instructors of courses shall not receive credit for courses they present.

(6) A provider of Board approved programs must submit a completed application for supplemental courses, form # BMT-B and C, to the Board office prior to offering such courses for credit. The submitted information must also identify any new continuing education instructor and show that such instructor meets the criteria set forth in this rule. Whenever an instructor and his/her course have obtained approval by the Board, the instructor may teach the course at any time, in whole or in part, so long as the materials being taught do not deviate from the course materials originally approved, there is no change of instructor, and the documentation of attendance clearly indicates the original course approval number and the hours of credit given for this version of the course. Therefore, the number of continuing education hours awarded for the course may be the original number of hours approved, or less. An increase of the number of continuing education hours awarded will require submission of form # BMT-B for approval of a course.

(7) No change.

(8) Provider registration numbers must be renewed biennially on or before August 31 of the biennial renewal year. The provider must return the renewal form provided by the department together with a renewal fee of $50.00 250.00. If the renewal form and renewal fee are not received by the department on or before August 31 of the biennial year, the provider must submit a new application for approval of any continuing education programs offered for license renewal or initial licensure requirements, and, if any programs are approved, receive a new provider registration number.

(9) No change.

Rulemaking Specific Authority 456.013(8), (9), 456.025(7), 456.036, 480.035(7), 480.0415 FS. Law Implemented 456.013(8), (9), 456.025(7), 456.036, 480.0415 FS. History??New 4-21-86, Amended 9-14-87, 8-29-88, 2-8-89, 3-12-90, 1-3-91, Formerly 21L-28.010, Amended 9-30-93, 8-16-94, 6-12-95, 2-12-97, Formerly 61G11-28.010, Amended 2-18-98, 10-26-98, 9-20-99, 11-4-99, 11-21-02, 10-12-03, 12-13-05, 7-5-06, 2-25-07, 5-8-07,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Massage Therapy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Massage Therapy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 7, 2013

PIP Ruling from FL Appellate Court

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As many of you are aware, we received the decision from the 1st DCA reversing the lower courts order for Temporary Injunction <breathe>. This is something that we expected, because, when the lawsuit was filed, it was predicated primarily on the healthcare providers ??right to work? theories. The ??access to the courts? argument was based on a facial constitutional challenge, which, at the point in time when the case was filed, the legislation was not yet in effect. The trial court based its injunction order on this important issue, but did not remark on any of the other primary arguments, thus the appeal went up on this sole issue.
 
While some would view this as a setback, it is not. For the last year we have had our share of wins and losses, but the overriding fact is that our legal challenge is based on constitutional issues that affect providers and consumers alike.  In its decision, the 1st DCA reversed the temporary injunction because they concluded that the Plaintiff healthcare providers lacked sufficient standing for an injunction on the sole issue of access to the courts.  They said nothing about the merits of the other important issues raised, and, from an ideological standpoint, they actually recognized that the arguments raised were entirely correct, it was just the fact that the healthcare providers had not themselves been the victims of not having had their own ??access to the courts? rights limited. The decision essentially held that an injured person adversely affected by the 2012 PIP Act could bring their own constitutional challenge based on a violation of the constitutional right of access to the courts:
"The real parties in interest-injured motorists whose ability to sue tortfeasors has been impermissibly limited-are absent from this case?
"There is no reason why Floridians whose access-to-court rights are infringed by the 2012 PIP Act cannot bring their own constitutional challenge."
 
In contemplation of this ruling, we have been addressing the ways to address the ??standing? issues that were not available when the case was filed.  This may take the form of an amended complaint. As many of your know firsthand, there are many Florida citizens who have been involved in a motor vehicle accident and did not present within 14 days and they are left with nothing.  Many of these individuals do not have the means to cover the costs of medical treatment yet the insurance companies collect their premiums month after month.  If you are aware of any patients that you treat or know that have been denied coverage after 14 days, denied massage or acupuncture. We would welcome the opportunity to speak with them and fight for their rights.  
 
The attorneys have indicated that they will file Motion for Rehearing with the 1st DCA, because they feel that the Court took a harsh and limiting look at the standing issue. In any event, the decision in no way indicates that the arguments made were not entirely correct, they were just being advanced by individuals without a direct injury traceable to this one issue.  
 
Luke Lirot and Adam Levine are the one's that will stand up with us and fight this law.  Now is the time to rally the troops and get involved.  This can include identify patients that have suffered as a result of this new law and even more importantly supporting this effort.  To date, we have been fighting this effort through the generosity of a select few but now is the time for EVERYONE to get involved.  No amount is too big or too small and don't assume your neighbor is picking up the slack.  Our rights and your practices are at stake.  
 
To support this effort make checks payable to Healthcare Providers Coalition and send to 1931 W. MLK Boulevard, Suite F, Tampa, FL 33607.  
You can also contribute by credit card or your pay pal account on-line by visiting our website at www.flpipdefensefund.com

If you have any questions, please do not hesitate to reach out to me via email or cell.  If you have patients that have been negatively effective by this bill please have them contact Adam Levine via email at Aslevine@msn.com.

As was the case when the bill was first introduced, clinics need to take the appropriate steps to ensure they are following the law, including obtaining EMC's were appropriate.  I will continue to keep you posted as we further our strategy.  

Thank you all!

Kevin


Kevin Johnson, CEO
Advanced Diagnostic Group
1931 W. MLK Boulevard, Ste F 
Tampa, FL 33607
Cell:  954.292.9493
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