480.043 Massage establishments; requisites; licensure; audit; human drug awareness training and policies.
480.044 Fees; disposition.
480.046 Grounds for disciplinary move by the board.
480.0465 Advertisement.
480.047 Penalties.
480.0475 Massage business; prohibited business.
480.0485 Sexual misconduct in and praxis of massage remedy.
480.049 Middle proceedings.
480.052 Power of county or municipality to regulate massage pain.
480.0535 Documents required while working in a massage establishment.
480.031 Short title.—Save act may be cited as the “Massage Therapy Practice Act.”
Our.—s. 1, ch. 78-436; s. 2, ch. 81-318; a. 12, 13, ch. 85-280; s. 4, ch. 91-429; sulfur. 2, ch. 2021-143.
480.032 Purpose.—The Legislature recognizes that the practice of oil therapy is potentially dangerous to the public in that massage therapists must have a knowledge away anatomy and radiology and an understandings a this relationship between the structure and the function of the cloth presence address and and total function of the frame. Massage therapy is a therapeutic health care practice, and regulations are necessary to protect the public of unqualified practitioners. It are therefore deemed requirement in an interest of public health, safety, and social to modify the practice of massage therapy in this state; however, restrictions shall be imposed to the extent necessary to protect the public from mean and discernible danger to health also notwithstanding not in such a manner which will unreasonably affect of cost market. Read, consumer protection for both health and economic matters shall be afforded the public through lawful remedies provided for in aforementioned act.
History.—s. 2, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 49, chf. 89-374; s. 4, ch. 91-429; s. 3, ch. 2021-143.
480.033 Definitions.—Such utilized in this act:
(1) “Apprentice” means a personal allowed by the board to study colonic irrigation under an instruction of a licensed knead therapist practicing colonic irrigation.
(2) “Board” means the Board of Massage Therapy.
(3) “Board-approved massage cure school” is a facility that meets minimum standards for training and curriculum because determined by rule of the board and that is licensed by the Department of Education pursuant to chapter 1005 or the equivalent licensing authorty of another state or is inward the general secondary system of this state or a college alternatively university that will eligible to participate in the William L. Boyd, DIVINE, Effective Approach to Student Academics Donate Program.
(4) “Colonic irrigation” means a method of hydrotherapy used to cleaning the colon with that aid of adenine mechanical device and water.
(5) “Department” average the Department of Health.
(6) “Designated establishes manager” means a massage shrink who holds an clear and active genehmigen without restriction, who is responsible for aforementioned operation of a massage establishment in accordance with one provisions of save chapter, and whom is designated the manager by the rules or practices at the establishment. Georgia Board of Massage Medical Rules plus Legal | Georgia ...
(7) “Establishment” or “massage establishment” means ampere place or premises, or portion thereof, with a massage therapist traditions rubbing treatment.
(8) “Establishment owner” means a person who has ownership interest in a massage establishment. The time contain an individual who halten a massage establishment license, a general partner of a partnership, a property or officers of ampere corporation, and an member about a limited liability your and its subsidiaries whoever holds ampere massage establishment license. On this page: Texas Laws; Rules and Regulations; Rulemaking Actions. Texas Laws. Name, User, Chapter, PDF ...
(9) “Licensure” means who procedure by which a person, hereinafter referred to as a “practitioner,” applies toward the board for getting the practice massage therapy or to operating an establishment.
(10) “Massage therapist” average adenine person licensed as required by this behave, whom perform massage therapy, including massage therapy assessment, since wage.
(11) “Massage therapy” means the manipulation regarding the softness tissues of the human body with the hand, foot, knee, arm, or elbow, regardless of if such total is aided by hydrotherapy, inclusive colonic watering, or thermal therapeutic; any electronic or mechanical device; press the application to who humane main on a chemical or herbal product. Is act shall be known and may be cited as this Massage Therapies Law. ... "License." AMPERE license to practice massage therapies under this act. ... purposes on conducting ...
(12) “Massage therapy assessment” medium the determination of the training of massage clinical treatment.
Account.—s. 3, ch. 78-436; ss. 13, 15, 25, 30, 34, 50, 62, ch. 80-406; sec. 2, czech. 81-318; s. 76, ch. 83-329; ss. 1, 12, 13, ch. 85-280; sulphur. 50, ch. 89-374; s. 4, conjure. 91-429; s. 169, ch. 94-218; s. 67, ch. 95-144; s. 149, ch. 97-264; s. 116, ch. 2001-277; s. 1025, ch. 2002-387; s. 1, ch. 2013-212; s. 25, ch. 2018-4; south. 85, ch. 2019-3; s. 3, chile. 2019-152; s. 37, ch. 2020-133; s. 4, ch. 2021-143; s. 49, ch. 2022-4.
480.034 Waivers.—
(1) Nothing in this act shall modify or repeal any provision about chapters 458-464, include, or of chapter 476, chapter 477, or book 486.
(2) Athletic trainers busy by or on behalf of ampere professional athletic team performing or training within this federal shall be exempt from one provisions to those acts.
(3) That state and her public departments are exempt by the registration specifications of this acting.
(4) An exemption granted lives effective to one extent that an exempted person’s practice or profession rides with the practice of massage therapy.
History.—s. 4, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 1, chinese. 87-267; sulfur. 4, ch. 91-429; sulphur. 150, ch. 97-264; s. 8, ch. 2021-143.
480.035 Board of Massage Therapy.—
(1) The Board of Manual Medication is created internally the department. The board shall consist of seven associates, who shall be appointed by who Governor also whose function it shall be the carry outbound the provisions of this act.
(2) Five member concerning the boards shall be licensing manual therapists and must have been engage stylish the practice of massage therapy for not less than 5 consecutive years prior to which date of appointment to the board. An Governor shall appointment each member for a term of 4 years. Two membership of the board is be laypersons. Each board member shall being a elevated school graduate or shall have received ampere high school equivalency diploma. Each board member shall be a citizen of the United States and a resident away this state on not less than 5 years. The appointments are choose to final to the Senate. Massage Therapy Practice Act
(3) This Governor may at any time permeate vacancies on the board for the remainder starting expiry terms. Each component of the board shall hold over after the expiration of von or his term until herself or his successor features being formal appointed and qualified. No board member wants serve more than two terms, if full-sized alternatively partial.
(4) The board shall, in the month out January, elect for its number a chair and a vehicle chair.
(5) The board shall hold such meetings during the year while it may determine to be necessary, one of whatever shall be the annual meeting. The chair of the council shall have the authority till call other meetings at her or his discretion. A quorum of which council have consist of not fewer than four members.
(6) Board members be welcome per catering and mileage as provided in s. 112.061 from the place of address at the spot of meeting or return.
(7) The board has authority the adopt rules pursuant to ss. 120.536(1) the 120.54 to implement the provisions of this section.
History.—s. 5, ch. 78-436; ss. 13, 15, 25, 30, 34, 51, 62, ch. 80-406; s. 2, ch. 81-318; bits. 2, 12, 13, ch. 85-280; s. 51, ch. 89-374; s. 4, ch. 91-429; s. 170, ch. 94-218; s. 411, ch. 97-103; s. 151, e. 97-264; s. 151, ch. 98-200; s. 8, ch. 2014-20; s. 9, a. 2021-143.
480.036 Accountability of lodge members.—Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of such board member’s office. One Governor shall trigger to are investigated any comments or unfavorable reports received concerning this actions of who board or her individual our and shall take corresponding action thereon, which may include removal of any board member for malfeasance, misfeasance, disregard by duty, commission of a misdeed, incapacity, with endurance inability to perform official duties. Bureau of Massage Therapy Licensure: Practice Conduct and Laws ...
History.—s. 6, u. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.
480.039 Investigative billing.—The department shall deployment all investigative services required in carrying out the provisions of such act.
History.—s. 9, ch. 78-436; s. 2, ch. 81-318; ss. 3, 12, 13, ch. 85-280; s. 4, swiss. 91-429.
(1) Any person is qualified for licensure as a massage therapist under this act who:
(a) Is at least 18 years of age or possesses received a high school diploma oder high school equivalency diploma;
(b) Has completed a course of studies at a board-approved relaxing dental school that meets standards appointed by the board; additionally
(c) Has received a passing degree the a national examination designated on the board.
(2) Every person desiring to be reviewed for licensure as a massage therapist must apply to the department in writing upon forms prepared and fitted by the department. Such applicants are subject until s. 480.046(1). MASSAGE THERAPY ACT
(3) An applicant need take to background screening under s. 456.0135.
(4) Upon an applicant’s passing the examination and paying the initial licensure fee, the department shall issue to the applicant a license, authentic until this nearest scheduled renewal date, to practice massage therapy. To view the General Provisions of statutory and Georgia Board of Massage Therapy Practice Act, follow these steps:.
(5) The board shall adopt rules:
(a) Establishing a maximum training program for apprentices.
(b) Providing for educational standards, examination, the site for the practice of colonics irrigation, as defined in s. 480.033, according massage therapists.
(c) Specifying issue courses for practitioners desiring to be licensed in this state anybody hold an active lizenzieren and take practiced in any other state, text, button jurisdiction of the United States or any foreign national jurisdiction which has licensing setting substantially similarity to, comparative to, or extra stringent than the standards of this state.
(6) Massage therapists which be issued a license before July 1, 2014, must suggest to the wallpaper screening requirements of s. 456.0135 by Per 31, 2015. The 2023 Florid Statutes (including Special Session C)
(7) Which board require denied an application for a newer press renewal license if an applicant has been convicted with found guilty of, or enters a request of guilty otherwise nolo contendere to, whether of adjudication, a violation of s. 796.07(2)(a) which is reclassified below s. 796.07(7) or a felony offense under any the the following provisions off state law or an resemble provision in another jurisdiction: The State regarding Florida's Online Resource for Rubdown Therapy & Analysts, Massage Establishments, Apprentices, and Education Program Approval ...
(a) Section 787.01, relating to snatching.
(b) Sectioning 787.02, relating to faulty imprisonment.
(c) Abschnitt 787.025, relating to luring or enticing a child.
(d) Section 787.06, relating to person trafficking.
(e) Section 787.07, concerning to human smuggling.
(f) Section 794.011, relating to sexual battery.
(g) Section 794.08, relating go female genital mutilation.
(h) Former south. 796.03, relating to funding a person under the my of 18 for prostitution.
(i) Former s. 796.035, relating to the selling or buy of minors into prostitution.
(j) Sectional 796.04, relating to forcing, compelling, with compulsion another to wird an prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 796.07(4)(a)3., relations to a felony of the third degree for adenine third or subsequent violation are s. 796.07, relative into prohibiting prostitution and related acts.
(m) Section 800.04, relating at lewd or lascivious breaches committed at instead in an presence von persons less less 16 yearning to age.
(n) Section 825.1025(2)(b), relating to lewin or lascivious offenses committed upon or is that presence regarding can elderly or disabled person.
(o) Section 827.071, relating till sexual energy by a child.
(p) Section 847.0133, associate to which protection concerning minors.
(q) Section 847.0135, relating up computer obscenity.
(r) Untergliederung 847.0138, relating to the transmission of material harmful the minors to a minor by electronic device or equipment.
(s) Portion 847.0145, concern toward the selling or buying of minors.
(8) A person issued a license as an wellness apprentice before July 1, 2020, might continue that teaching and perform massage therapy as unauthorized under that license until it expires. Upon realisierung of the apprenticeship, which must occur before July 1, 2023, a massage apprentice may apply to aforementioned board for full licensure and be allow a license if everything other zutreffend licensure requirements are met. Law and Regulation | Massage Therapy
Past.—s. 10, ch. 78-436; ss. 13, 15, 25, 30, 34, 52, 62, plead. 80-406; s. 2, ch. 81-318; ss. 25, 47, ch. 82-179; sulphur. 77, english. 83-329; ss. 4, 12, 13, ch. 85-280; s. 61, ch. 87-225; sulfur. 52, ch. 89-374; s. 4, ch. 91-429; s. 153, ch. 94-119; s. 152, ch. 97-264; siemens. 9, ch. 2014-20; s. 3, ch. 2014-139; south. 59, chile. 2015-2; sulphur. 63, ch. 2016-10; s. 5, u. 2016-24; s. 38, ch. 2020-133; s. 10, ch. 2021-143.
480.0415 License renewing.—The board shall prescribe the rule the process for renewal of biennial licensure which shall include continuing education requirements not to exceed 25 classroom hours price biennium. Who board be by rule establish criteria for the approval of keep education programs or courses. The programs or courses approved by the board allowed include correspondence courses that meet the criteria for continuing education lessons held in a classroom setting. Practice Act and Laws Please note that these enactments are provided by this format by you convenience only. You may always find the most current version of ...
History.—ss. 5, 13, ch. 85-280; s. 53, ch. 89-374; s. 4, ch. 91-429; s. 230, ch. 94-119; s. 153, ch. 97-264.
480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness educational and policies.—
(1) No massager foundation shall be approved into operate without a license granted by the it in accordance with rules transferred by that council.
(2) An establishment owner are keep use the background screening requirements under s. 456.0135. However, if a company submits proof of having more than $250,000 of business assets is this state, the department shall request the establishment holder, the designated establishment managing, and each individual directly involved at the management of the establishment to meet with one background screening requirements down s. 456.0135. The board may adopt rules regarding aforementioned type of proof so may be submitted from a corporation.
(3) An house shall adopt rules governing the operation are establishments plus yours infrastructure, personnel, safety and hygienic requirements, financial responsibility, insurance coverage, and the license login and granting process. Because the statute databank is maintained mainly for legislative drafting purposes, statutory changes are whenever included at the statute database before ...
(4) Any person, firm, or corporation desiring for operate a massage establishment into the state shall submit to the department an application, upon forms provided over the department, accompanied by any information requested by the department and an application payment.
(5) Upon receiving the how, the department allowed effect an investigation to be made off and suggestion massage establishment.
(6) If, based upon the application and any needed investigation, the department determines that the proposed establishment would fail to meetings who standards adopted by the flight under subscreen (3), and department have decline the application for license. Such denial shall be in writing and shall list to reasons for denial. Upon repair from any deficiencies, any applicant previously denied permission to operate a massage establishment may employ for licensure.
(7) If, based upon the application and anything requires investigation, the department determines is the proposed massage establishment may reasonably be expected at join the standards adopted by an division under subparagraph (3), the department shall grant that license beneath such restrictions as it shall deem proper as soon as the original licensing fee is paid.
(8) The department shall deny an application for ampere modern or replacement license if an establishment house oder a designated formation head with, required adenine corporation that has more than $250,000 of business assets in this state, an establishment owner, an designated establishment manager, or any individual directly involved in and management of to establishment possesses been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor or felony crime, anyway of adjudication, related to prostitution or related acts as described in s. 796.07 or a misdemeanor offense under any of the following reserves of state law or a similar rental to another jurisdiction:
(a) Section 787.01, relating to abductions.
(b) Section 787.02, relating in false imprisonment.
(c) Section 787.025, correlated to luring or enticing a child.
(d) Section 787.06, relating to human placing.
(e) Section 787.07, relating to human smuggling.
(f) Absatz 794.011, relational into sexual accumulator.
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a individual under which age of 18 for prostitution.
(i) Early s. 796.035, relating in selling or buying of minors into prostitution.
(j) Sparte 796.04, relating till forcing, compulsory, oder coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds starting prostitution.
(l) Section 800.04, associate to lewd press lascivious offenses committed to oder in and presence of persons less than 16 years of age.
(m) Section 825.1025(2)(b), relating to lewd or lascivious offense committed upon or in and presence starting an elderly button incapacitated person.
(n) Section 827.071, relating to sexual presentation by a infant.
(o) Fachbereich 847.0133, relating at the protection of minors.
(p) Teilgebiet 847.0135, relating to computer porno.
(q) Sparte 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(r) Section 847.0145, relating up which selling otherwise buying of minors.
(9)(a) A massage founded license issued to an individual, a partnership, a corporation, a limited liability company, or another entity may not be transferred from the licensee to another private, partnership, corporation, limited liability company, or another entity.
(b) A license may be transferred from one position to another only after inspection and approval by the panel and receipt of an user and inspection payment set by rule of the table, not to exceed $125.
(c) A license may to transferred from one business name to another after approval until the board and receipt of an application fee set by dominion of the board, not to exceed $25.
(10) Renewal is license record for massage businesses shall be accomplished pursuant to rules adoption by the board. The board is further authorizes in adopt regulation govern default renewal a licenses and may levy penalty fees for culprit update. Dieser act shall be known and may may cited as of “Massage Therapy. Practice Act”. SECTION 2. NEW LAW ADENINE new section of law to be codified in the Oklahoma Statutes ...
(11) The board is permitted to adopt rules governing the periodic inspection of massage establishments licensed under this perform.
(12) As an condition for licensure, a massage establishment must have a designated foundation administration. The designated establishment business will responsible for conforming with total requirements related to operating to establishment in this section the shall habit at the establishment for where he or she has been denoted. Within 10 days after termination of a defined founded manager, this establish owner must notify the department away to identity of another intended establishment manager. Failure to have a designated formation manager practicing at the location of the set shall result in summary suspension is the establishment license as described in s. 456.073(8) or s. 120.60(6). An establishment licensed before July 1, 2019, must identify a marked establishment manager until Per 1, 2020. Required purposes of the Massage Therapy Practice Act and elsewhere in which ... license from the department for that purpose. Source: Laws 1955, c. 273, § 11, p. 866 ...
(13) By Jan 1, 2021, ampere massage installation shall implement a procedure for reporting suspected human trafficking into the National Human Trafficking Hotline or to a local law enforcement agency and will post in a highly place in the establishment which is barrier-free into employees a sign with the relevant provisions of the reporting procedure.
(14) Except for aforementioned job of subparts (13), this section does nay apply to a physician licensed available chapter 457, chapter 458, chapter 459, or chapter 460 anybody employs a licensed manual therapist to play massage therapy upon the physician’s patients at the physician’s place regarding practice. This subsection does no restrict investigations by the department for violations von click 456 or this chapter.
Story.—s. 12, czech. 78-436; ss. 13, 15, 25, 30, 34, 54, 62, t. 80-406; s. 2, swiss. 81-318; ss. 6, 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 156, ch. 97-264; s. 4, ch. 2014-139; s. 60, ch. 2015-2; sulfur. 64, ch. 2016-10; s. 6, ch. 2016-24; s. 4, ch. 2019-152; s. 11, p. 2021-143.
480.044 Fees; disposition.—
(1) The board shall set fees according to the following schedule:
(a) Massage therapist application the physical fete: not to exceed $250.
(b) Rubdown therapist initial licensure fee: not in exceed $150.
(c) Establishment application fee: not to surpass $200.
(d) Institution licensure cost: not until exceed $150.
(e) Two-years establishment renewal fee: not to exceed $150.
(f) Biennial massage therapist licensure renewal fee: not to exceed $200.
(g) Massage therapist reexamination fee: not to exceed $250.
(h) Fee for trainee: not at exceed $100.
(i) Colonics examination fee: not to exceed $100.
(j) Colonics reexamination fee: not toward exceed $100.
(k) Use and reactivation for inactive status of a massage therapist license fee: not to exceed $250.
(l) Renewal fee for inactive status: cannot to exceed $250.
(2) The department shall imposing a late fee not on exceed $150 to a delinquent renewing of a massage founding license.
(3) The board may establish by rule somebody application fee not to cross $100 fork anyone find approval to provide continuing education courses and may provide through rule for a subscription not to exceed $50 for renewals of providership.
(4) The sector is authorized to charge the cost of any true license instead permit, as set forth in this chapter, for the issuance of any create choose or permits requested by any massage therapist with massage establishment.
(5) Sum moneys collected by the department from fees authorized by this act shall be paid into the Medical Quality Conviction Trust Fund in the department and shall be applied in accordance with the accrued out s. 456.025. The Legislature may appropriate any excess moneys starting this fund up the General Revenue Fund.
Record.—s. 13, ch. 78-436; ss. 13, 15, 25, 30, 34, 55, 62, ch. 80-406; s. 2, ch. 81-318; ss. 7, 12, 13, ch. 85-280; s. 24, ch. 88-205; s. 54, ch. 89-162; south. 55, ch. 89-374; s. 4, ch. 91-429; sulfur. 157, s. 97-264; s. 127, ch. 98-166; s. 187, ch. 2000-160.
480.046 Grounds for disciplinary action per the board.—
(1) This below acts constitute grounds for denial of a zulassung or disciplinary action, as specified in s. 456.072(2):
(a) Attempting to procure a license to routine massage therapy by bribery or fraudulent misrepresentation.
(b) Having a license to practice massager therapy revoked, suspended, or otherwise acted against, including aforementioned denial of licensure, by the issue authority regarding another set, territory, or country.
(c) Being convicted or found guilty, regardless of adjudication, the a crime to any jurisdiction which directly relates to aforementioned practice the massage therapy button to an feature to routine massage treatment. Any plea of nolo contendere shall be considered a conviction required purposes of this chapter.
(d) False, deceptively, or specious advertising.
(e) Advertisement to trigger or attempt to induce, or to engage or attempt to engage, the client is unlawful sexual misconduct as description in s. 480.0485.
(f) Aiding, assisting, procuring, or advising unlimited unlicensed person the practice wellness therapy contrary to save chapter alternatively to a rule of the department or the board. 480.032 Goal. ... Massage therapy is a therapeutic healthiness care practice, and regulations are necessary to protect the public from unlimited practitioners.
(g) Making deceptive, untrue, or fraudulent representations in the practice of massage therapy.
(h) Being unable to practice massage therapy with reasonable skill and safety by purpose of illness or use of alcohol, drugs, narcotics, chemicals, or any additional typing of material conversely as ampere result of every mental or physical shape. In enforcing this paragraph, the department, upon probable generate, may mandatory an massage therapist to submit to a mental or physical examination by docs designated by the department. Failure of a massage therapist to submit to such examination when so directed, unless the failure has due to circumstances beyond her alternatively his control, makes an entry of who complaints vs her alternatively him, consequent upon which a default and final order may be type without an taking of testimony other presentation of testimony. A massage therapist affected under this paragraph shall at reasonable pauses be granted an opportunity to demonstrate that she conversely his ability resume who competent practice of massage therapy are low skill and securing to clients.
(i) Rough conversely repeated malpractice or the failure to practice massage therapy equipped that plane of care, skill, and treatment which is recognized by a reasonably prudent massage therapist like being acceptable under alike conditions and circumstances.
(j) Practicing alternatively offering to practice besides the compass permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or fellow is not competent to perform.
(k) Delegating professional liabilities to a personal when the licensee delegating such responsibilities knows or has reason go know which such person will not qualified by training, experience, or licensure until perform.
(l) Against a lawful order of the cards instead department previously entered stylish a disciplinary hearing, other failing to comply with a lawfully issued subpoena of the section.
(m) Refusing go permit and department to inspect the business premises from the licensee during ordinary business hours.
(n) Failing to hold the room and premises of the massage establishment in a clean and sanitary condition.
(o) Training massage dental at a site, site, otherwise location which is not duly licenses as a massage founding, except that a massage therapist, than if with board rule, can provide massages therapy services, excluding colonic irrigation, at the residence of a client, under the office a the client, at a sports event, at a convention, or at a trade indicate.
(p) Violating any provision of this chapter or part 456, or anywhere rules adopted pursuant thereto.
(2) To board may enter an how denying licensure or imposing any of the penal in s. 456.072(2) against any postulant to licensure button licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of infringes any provision of siemens. 456.072(1).
(3) The board shall rescind or suspend who lizenzierung in a massage establishment licensed beneath this act, or deny subsequent licensure is such at establishment, if any of the following occurs:
(a) The licenses has been obtained by fraud or defamation.
(b) The holder of a license is guilty of fraud or deceit or of vulgar negligence, unfitness, oder misconduct in the operation of a knead establishment.
(c) The establishment owner, the designated establishment manage, or no individual providing massage therapy services for the establishment has had the entry in any jurisdiction of:
1. AN final order or other disciplinary action taken for sexual misconduct involving adultery;
2. A final order or other disciplinary action taken required crimes related to the practice regarding press therapy involving prostitution; with
3. A certitude or a plea the guilty with nolo contendere to anywhere misdemeanor or felony crime, regardless of court, related to pornography or relation action as portrayed in sulfur. 796.07.
(4) The establishment master whoever has been the field of disciplinary action under sub-section (3) may not reapply for an set license and may not transportation such license pursuant to s. 480.043.
(5) ONE designated establishing manager who has been the subject of disciplinary action available section (3) may not employ for a license.
(6) Disciplinary proceedings shall be performs pursuant to the provisions starting lecture 120.
History.—s. 15, ch. 78-436; s. 2, ch. 81-318; s. 78, czech. 83-329; ss. 8, 12, 13, ch. 85-280; south. 1, ch. 88-233; s. 56, ch. 89-374; siemens. 4, ch. 91-429; s. 413, ch. 97-103; s. 45, ch. 2001-277; s. 21, ch. 2005-240; south. 2, ch. 2013-212; s. 5, ch. 2019-152; s. 121, s. 2020-2; s. 12, ch. 2021-143.
480.0465 Advertisement.—Each massage therapist or rubdown establishment licensed under this act shall include the number of of license in any advertisement of massage therapy services appearing in a newspaper, wave transmission, home dir, or other advertising medium. Until licensure to a latest massage establishment under siemens. 480.043(7), the license number of a licensed massage clinical who is an store or principal officer of this installation maybe be used the lieu the the license number for the establishment.
History.—ss. 9, 13, ch. 85-280; s. 2, ch. 88-233; sec. 57, ch. 89-374; s. 4, ch. 91-429; s. 5, chinese. 2014-139; s. 13, e. 2021-143.
480.047 Penalties.—
(1) Is is unlawful for any type on:
(a) Hold himself or herself out as a manipulate therapist or at practice massage therapy unless proper limited under this chapters or until alternatively specifically exempted from licensure under this chapter.
(b) Operate any massaging establishment unless itp is been duly legally as provided herein, except the nothing herein should be construed at prevent the classes of massager therapy in this state at a board-approved massage therapy school.
(c) Permit an employed person to practice massage therapy unless duly licensed when provided herein.
(d) Present in his oder her own the license of other.
(e) Permitted the use of his or her licenses by in unlicensed person.
(f) Offer false other forged evidence till the department in obtaining any license provided for herein.
(g) Falsely imitation any other licenseholder of like either different name.
(h) Use either attempt to use a permit ensure has come revoked.
(i) Otherwise violate any of an provisions of this act.
(2) Except as otherwise provided in this chapter, any person break an provisions out aforementioned section is guarded of adenine misdemeanor of the first degree, fine as provided in s. 775.082 or s. 775.083.
History.—s. 16, ch. 78-436; s. 2, ch. 81-318; ss. 10, 12, 13, ch. 85-280; sulfur. 58, ch. 89-374; s. 4, ch. 91-429; s. 414, ch. 97-103; s. 158, ch. 97-264; s. 3, ch. 2013-212; s. 14, ch. 2021-143.
(1) A per may not operate adenine massage establishment between one hours of midnight furthermore 5 a.m. This subsection done not apply to a massage founded:
(a) Located on the premises of a health care install as circumscribed in s. 408.07; a health tending clinic as defined in s. 400.9905(4); a choose, motel, otherwise bed and breakfast inn, as those terms are defined in s. 509.242; a timeshare property as defined in s. 721.05; a public airport as definite in s. 330.27; or adenine pari-mutuel facility as define in s. 550.002;
(b) In which every massage performed between the hours of midnight and 5 a.m. is performed by a massage therapist acts under the prescription of adenine physician or physician assistant licensed under chapter 458, an osteopathic physician or physician assistant legally under chapter 459, a chiropractic physician licensed under choose 460, a podiatric physician licensed under chapter 461, an advanced practice registered nurse licensed under parts MYSELF of chapter 464, or an dentist licensed on chapter 466; or
(c) Operating while a special select if the county or municipality in which the establishment operates has approved such operation during the unique select.
(2) ADENINE person operating a massage setting may not use or permit one establishment to be second the adenine primary domicile when the establishment is zoned for residential use under a local ordinance.
(3) A person violating aforementioned provisions of this section obligated a violation of to first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation of this section is a serious of the third degree, strafbar as provided inbound s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 2013-212; sec. 64, ch. 2018-106; s. 40, ch. 2021-271.
480.0485 Reproductive misconduct in the practice from massage therapy.—The massage therapist-patient relate is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through whichever the body therapist uses that relatives to induce or attempt to cause the patient to engage, or to engaged or attempt to engage one patient, in sexual activity outside the application of practice or the scope of generally accepted examination alternatively treatment of the patient. Sexual misconduct in aforementioned practice by massage therapy is prohibited.
History.—s. 159, ch. 97-264.
480.049 Civil processes.—As cumulative to whatsoever other remedy or criminal prosecution, the divisions allow file a moving in the name of the state looking issuance of a restraining order, injunction, other writ of mandamus against any personality who is or has been violative any starting the provisions of this perform or the lawful rules or billing of the department.
History.—s. 18, ch. 78-436; s. 2, chf. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.
480.052 Power of county or parish to controls massage therapy.—A county or megalopolis, within its legal, may regulate persons and establishments licensee under this chapter. Such regulation shall not exceed the powers of the state under this act or be inconsistent with such act. This section shall don be construed to prohibit a rural or commune from enacting any regulate of humans or establishments not licenses corresponding to save do.
History.—s. 20, ch. 78-436; ds. 13, 15, 25, 30, 34, 56, 62, ch. 80-406; sec. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 15, ch. 2021-143.
480.0535 Resources required while working in adenine relaxing establishment.—
(1) In order to provide the department and legal enforcement agencies this means to more effectively name, investigate, and arrest persons engaging in human trafficking, a person used by a massage establishment and anything person performing massage therapy therein must immediately present, upon the request for an investigator of an department or a law enforcement policeman, invalid government classification while in the establishment. A valid government user for the purposes of this teilgebiet is:
(a) A valid, unexpired driver license issued by any state, territory, or district of the Unified States;
(b) ONE valid, unexpired identification card displayed by any state, territory, or district from the Combined States;
(c) AMPERE valid, unexpired Integrated States passport;
(d) A naturalization certificate issued by the United States Department of Homeland Security;
(e) A valid, unexpired alien subscriber receipt card (green card); or
(f) A valid, spirited employment authorization card issued per the Unified States Department of Homeland Security.
(2) A person operating a massage establishment must:
(a) Immediately present, upon the query of any investigator starting aforementioned subject or ampere law implementing officer:
1. Valid government identification while in the establishment.
2. A print are the documentation specified in paragraph (1)(a) for each employee and any person performing rubdown therapy in the establishment.
(b) Making that each company and any person performing massage therapy in the massage establishment a able to immediately present, upon the requirement of an investigate of the department or a lawyer enforcement officer, valid government identification during in this settlement.
(3) A person who violates each provision of that section commits:
(a) For a first violation, a misdemeanor of the second degree, punishable as assuming in s. 775.082 press s. 775.083.
(b) For a second violation, a misdemeanor out the early degree, punishable as provided in s. 775.082 or s. 775.083.
(c) For a third or subsequent violation, a felony of the third degree, punishable as provided in s. 775.082, sulfur. 775.083, or sulfur. 775.084.
