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NOTICE OF PROPOSED CHANGES RELATING TO LICENSE REQUIREMENTS, CONTINUING EDUCATION, AND MASSAGE THERAPY ESTABLISHMENTS IN THE REGULATIONS OF THE ALASKA BOARD OF MASSAGE THERAPISTS

Brief Description: The Board of Massage Therapists proposes to update regulations relating to license and continuing education requirements, and massage therapy establishment renewal and change of location requirements.

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

  1. 12 AAC 79.110. Application for licensure by credentials, is proposed to be amended by adding a new subsection to allow the board to require additional documentation to substantiate the education claimed by the applicant.
  2. 12 AAC 79.210. Continuing education requirements, is proposed to be amended by adding documentation of a cardiopulmonary resuscitation course to the continuing education requirements, and updating CE credits for attending board meeting once every biennial licensing period.
  3. 12 AAC 79.920. Application form and verifications for licensure, is proposed to be amended by adding that any additional documentation required after approval by the board but before issuance of a license, must be submitted within six months or the applicant must reapply for licensure.
  4. 12 AAC 79.930. Regulation of massage therapy establishments, is proposed to be amended to require renewal of a massage therapy establishment registration, and amend the requirements for the change of location of a massage therapy establishment.
  5. 12 AAC 79.940. Unregistered massage therapy establishment investigation, is a proposed new section requiring an unregistered massage therapy establishment to pay an investigation fee required by 12 AAC 02.396, if investigated.

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 Jun Maiquis, 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/201345, and using the comment link. The comments must be received not later than 4:30 p.m. on March 12, 2021. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than March 5, 2021 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/MAS-0121.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 regulation may be different from that of the proposed regulation. 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 08.01.065; AS 08.01.100; 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 08.01.065; AS 08.01.100; 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: 2/8/2021
Jun Maiquis, 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 Therapists – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing. 

2.   General subject of regulation: Licensure by credentials, continuing education requirements, and massage therapy establishments.

3.  
Citation of regulation: 12 AAC 79.110, 12 AAC 79.210, 12 AAC 79.920, 12 AAC 79.930, and12 AAC 79.940.

4.   Department of Law file number: To be assigned.

5.   Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.

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

7.   Estimated annual cost to comply with the proposed action to:
      A private person: $300 massage therapy establishment biennial registration renewal fee; $65 massage therapy establishment change of location fee.
      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 2021 or in subsequent years.

9.   The name of the contact person for the regulation:
    
Cynthia Spencer, Licensing Supervisor
       Alaska Board of Massage Therapists
       Division of Corporations, Business and Professional Licensing
        Department of Commerce, Community, and Economic Development
        Telephone: (907) 465-6246
        E-mail: cynthia.spencer@alaska.gov

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

11.   Date: 2/8/2021
        Prepared by: Jun Maiquis
                             Regulations Specialist

                                                                                   

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Attachments, History, Details

Attachments

Revision History

Created 2/8/2021 12:13:45 PM by jcmaiquis
Modified 2/8/2021 12:16:27 PM by jcmaiquis
Modified 2/8/2021 1:43:20 PM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 2/8/2021
Archive Date: 3/13/2021
 
Events/Deadlines:
  • Comments Deadline
    3/12/2021 4:30pm