Florida Laws and Rules

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FL Law and Rules-2 Ce's

 

 

 

Florida Law and Rules

(2 Hours)

By

 

Francine Milford, LMT

P.O. Box 554

Venice, Florida 334285

 

www.ReikiCenterofVenice.com

FrancineMilford@cs.com

 


 

 

 

Copyright©2013Francine Milford. All rights reserves.

 

2016 Updated Edition

 

 

This course provides the most recent and updated information as it relates to Florida Law and Rules. This course will display the most recent changes and updates in the Florida statutes so that you can stay on top of the laws and rules and how they may affect you and your business.

 

Reiki Center of Venice

 

Francine Milford, LMT

P.O. Box 554

Venice, FL. 34285

 

http://www.ReikiCenterofVenice.com

 


 

 

 

Florida Rule and Laws

Goals and Objectives

 

 

Course Description

“Florida Rules and Laws” is a home study continuing education program designed for Florida licensed Massage Therapists and Bodyworkers.  This course focuses on the rules and laws that govern and regulate the practice of massage therapy and bodywork in the state of Florida. This course is updated yearly presenting the most recent changes and updates to the Florida statutes and Florida Board of Massage Therapy. Information presented in this program includes Chapters 456(Health Professions and Occupations – General Provisions). 480 (Massage Therapy Practice Act) of the Florida Statutes and Chapter 64B7(Massage Therapy Rules of the Florida Administrative Code).

 

 

Course Rationale

This course was developed to give updated information to Florida licensed massage therapists about the rules and laws that regulate their profession.

 

 

Course Goals

The student will understand:

1.      Florida massage therapy initial licensure and renewal requirements

2.      The purpose and function of the Florida Massage Therapy Board

3.      Terms that define practice parameters

4.      Grounds for disciplinary action

5.      Penalties associated with unlawful and/or illegal conduct

 

 

Course Objectives

1.      To increase the understanding of massage therapy licensure and renewal requirements (including latest updates and requirements)

2.      To instruct massage therapists on the purpose and function of the Florida Board of Massage Therapy

3.      To present all updated laws and rules which define the practice of Massage Therapy in the state of Florida

4.      To review changes for cause of disciplinary action as a Florida licensed Massage Therapist and concurrent penalties

5.      To present to massage students all updated information that affect the practice of massage therapy in the State of Florida.

 

 

Course Instructor

Francine Milford, LMT, CTN

 

 

 

 

Method of Instruction

Text based online home study course

 

 

 

Course Requirements

In order to successfully complete this course you must complete the enclosed test and earn a score of 70% or higher. If you do not receive a 70% or higher, then you may contact the instructor to receive a new test. If you not score a 70% or higher on the second test, then you will have failed this course and will not receive your continuing education hours.

 

 

Determination of Contact Hours

“Florida Rules and Laws” course will require at least 2 hours to complete.  This estimate is based on the accepted standard for home study courses of approximately 10-12 pages of written text per hour.  The complete text of this course is 32 pages. (Excluding test)

 

 

 

Chapter One

Updates

 

2016 Updates

 

64B7-24.021 Place of Practice Defined.

(1) The reporting requirements of Section 456.035, F.S., require each licensee to provide to the Board a current mailing address and a “place of practice.” The current mailing address and place of practice may be one and the same, or may be two different addresses if the licensee does not receive mail at his or her place of practice.

(2) “Place of practice” shall mean:

(a) A massage establishment maintained by the licensed massage therapist; or

(b) The massage establishment at which the licensed massage therapist provides massage therapy; or

(c) The medical office at which the licensed massage therapist provides massage therapy; or

(d) If the licensed massage therapist practices at more than one location, one such location as selected by the licensed massage therapist;

(e) If the licensed massage therapist provides massage therapy only at the location of clients, the place of practice is the residence address of the therapist.

Rulemaking Authority 456.036 FS. Law Implemented 456.036 FS. History‒New 2-18-16.

 

Effective 3/14/2016

64B7-25.001 Examination Requirements.

(1) The Department shall issue a license to a person who submits a completed application on form DH-MQA 1115, “Massage Therapist Licensure Application,” (Rev. 6/14). The form and the attached instructions are incorporated herein by reference and may be obtained from the Board Office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http://floridasmassagetherapy.gov/applications/massage-app.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-04604. To apply on-line, visit https://ww2.doh.state.fl.us/DOHInitialApp/CreateAccount.aspx?Board=8014&Procde=1401;

(2) The Board approves the following examinations:

(a) National Certification Board for Therapeutic Massage and Bodywork Examination;

(b) National Certification Examination for Therapeutic Massage;

(c) National Exam for State Licensure option administered by the National Certification Board for Therapeutic Massage and Bodywork;

(d) The Massage and Bodywork Licensing Examination administered by the Federation of State Massage Therapy Boards.

(e) The National Board for Colon Hydrotherapy Examination.

(3) Any Board-approved examination may be offered in the Spanish language.

Rulemaking Authority 456.013(7), 456.017(1)(c), 480.035(7), 480.041(2), 480.042(1), 480.044 FS. Law Implemented 456.013(7), 456.017(1)(c), 456.0635, 480.041, 480.042, 480.044 FS. History–New 11-27-79, Amended 9-2-80, 10-9-85, Formerly 21L-25.01, Amended 12-22-92, 3-24-93, 5-20-93, Formerly 21L-25.001, Amended 8-12-93, 6-28-94, 8-18-96, Formerly 61G11-25.001, Amended 5-20-98, 7-30-02, 3-31-08, 6-15-09, 9-6-09, 6-2-10, 12-24-13, 6-2-14, 10-2-14, 3-14-16.

 

2015 Updates

64B7-32.002 Proof of Graduation.

To be acknowledged as a graduate of a Board approved massage school as referred to in Section 480.033(9), F.S., the Board’s administrative office must receive one of the following:

(1) List of graduates sent electronically in a method designed by the Board office; or

(2) Official transcript which indicates that an applicant has met all educational and institutional requirements indicating the date of enrollment and the date of graduation. An official transcript must include the following:

(a) Transcript must be created in an electronic system at the approved massage school that includes an audit trail;

(b) Transcripts must be sent directly from the school to the Board office in a sealed envelope that states “Transcript is not valid if seal is broken.”

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Formerly 21L-32.002, Amended 2-13-95, 2-21-96, Formerly 61G11-32.002, Amended 2-26-12, 12-8-13, 3-10-16.

 

2014 Updates

Electronic Fingerprinting

During the 2014 Legislative session, a law was passed (CS/HB 1065) that will affect massage therapist and massage establishment licensure in Florida.

 

Current Licensees

Pursuant to s.456.0135, F.S., effective July 1, 2014, the following individuals must undergo a criminal background screening prior to January 31, 2015:

All massage therapists licensed in this state prior to July 1, 2014;
Any person with an ownership interest in a massage establishment licensed in this state prior to July 1, 2014, or
If the massage establishment is owned by a corporation that has more than $250,000 of business assets in this state, the owner, officer or individual directly involved in the management of the establishment will be required to submit to background screening.
 

Applicants for Licensure

Any applicant for licensure as a massage therapist or massage establishment on or after July 1, 2014 must undergo, prior to licensure, a criminal background screening as outlined above.

 

Criminal Offenses Resulting in Suspension or Denial

In addition, the Florida Department of Health (Department) shall issue an emergency order suspending the license of any massage therapist or massage establishment that is found to be convicted of, or to have entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any of the following provisions of state law or similar provision in another jurisdiction.

 

List of offenses

Section 787.01, F.S., relating to kidnapping;
Section 787.02, F.S., relating to false imprisonment;
Section 787.025, F.S., relating to luring or enticing a child;
Section 787.06, F.S., relating to human trafficking;
Section 787.07, F.S., relating to human smuggling;
Section 794.011, F.S., relating to sexual battery;
Section 794.08, F.S., relating to female genital mutilation;
Section 796.03, F.S., relating to procuring a person under the age of 18 for prostitution;
Section 796.035, F.S., relating to the selling or buying of minors into prostitution;
Section 796.04, F.S., relating to forcing, compelling, or coercing another to become a prostitute;
Section 796.05, F.S. relating to deriving support from the proceeds of a prostitute;
Section 796.07(4)(c), F.S., relating to a felony of the third degree for a third or subsequent violation as provided in s. 775.082, s. 775.083, or s. 775.084, F.S.;
Section 800.04, F.S., relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
Section 825.1025(2)(b) , F.S., relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person;
Section 827.071, F.S., relating to sexual performance by a child;
Section 847.0133, F.S., relating to the protection of minors;
Section 847.0135, F.S., relating to computer pornography;
Section 847.0138, F.S., relating to the transmission of material harmful to minors to a minor by electronic device or equipment; or
Section 847.0145, F.S., relating to the selling or buying of minors.
 

The Department shall also deny the application or renewal of any massage therapist or massage establishment that is found to be convicted of, or to have entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any of the above provisions of state law or similar provision in another jurisdiction.

 

How do current licensees comply with this new law?

Licensees must use a Livescan service provider to electronically submit a set of fingerprints to the Florida Department of Law Enforcement (FDLE) for the purpose of conducting a search for any criminal history records that may pertain to the licensee.

It is important to use the correct Originating Agency Identification (ORI) when submitting fingerprints. If you do not provide an ORI number or if you provide an incorrect ORI number to the Livescan service provider, the board office will not receive your fingerprint results.

For more information, FAQs, and a list of all approved Livescan service providers please visit the Board’s website at: http://floridasmassagetherapy.gov/background-screening-faqs/

 

Licensed Massage Therapists 

Step 1 - Read the Livescan Privacy Statement (3 pages) and return the enclosed Confirmation of Receipt of FBI/FDLE Privacy Policy form to the Board of Massage Therapy at the address on the form. 

Step 2 - Contact a Livescan service provider (approved by FDLE) to obtain the fingerprints. Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. You must take the Electronic Fingerprinting Form with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department. 

 

Licensed Massage Establishments

Step 1 - Complete and return a Massage Establishment Ownership Information Form for every person who has an ownership interest in the massage establishment, unless the establishment has more than $250,000 in business assets in this state.  If the establishment has more than $250,000 in business assets in this state, please see the instructions on the form for additional information required. 

 

Step 2 - Read the Livescan Privacy Statement (3 pages) and return the enclosed Confirmation of Receipt of FBI/FDLE Privacy Policy form to the Board of Massage Therapy at the address on the form. 

 

Step 3 - Contact a Livescan service provider (approved by FDLE) to obtain the fingerprints. Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. You must take the Electronic Fingerprinting Form with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department.

 

2013  Updates

New! Photo Identification Requirements

Last year the board enacted a rule change to 64B7-28.008, F.A.C., Display of Licenses, requiring a 2 x 2 inch photograph of each licensed massage therapist be attached to their license.

Effective on August 1, 2012, for each initial massage therapist license or duplicate license issued the licensee must attach to the displayed license a 2 inch by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.

Effective on September 1, 2013, the licensed massage therapist must attach to the displayed license a 2 by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.

 

 

2013 Legislative Changes to Chapter 480, Florida Statutes

The 2013 legislative session saw the passage of House Bill 7005, and with it significant changes to massage establishment regulation. This language becomes effective October 1, 2013. A summary of the changes is listed below.

 

Massage Establishment Hours of Operation:
Massage establishments may not operate between the hours of midnight and 5:00 a.m., with the following exceptions: certain health care facilities, hotels, motels, bed and breakfasts, timeshare properties, public airports, pari-mutuel facilities or operation during county or municipality-approved special events. The hours of operation restriction does not apply to massage establishments at which all massages performed between midnight and 5:00 a.m. are under the prescription of a physician, physician assistant, osteopathic physician, chiropractic physician, podiatric physician, advanced registered nurse practitioner, or dentist.

 

Advertising:
This bill adds new grounds for discipline for advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct, as described in s. 480.0485, F.S.

 

Nuisance:
This bill amends s. 823.05, F.S., providing that any licensed massage establishment operating in violation of s. 480.0475, F.S., or s. 480.0535(2), F.S., is declared a nuisance and may be abated or enjoined as provided in ss. 60.05, and 60.06, F.S.

 

Criminal Penalties:
Criminal penalties for violating the requirements outlined in newly created s. 480.0475, F.S., were also created. The first offense is a first degree misdemeanor, and the second or subsequent offense is a third degree felony.

For the full text of the bill please visit this website: www.flsenate.gov/Session/Bill/2013/7005/BillText/er/PDF

 

Unlicensed Activity (ULA)
The Unlicensed Activity (ULA) program protects Florida residents and visitors from the potentially serious and dangerous consequences of receiving medical and health care services from an unlicensed person. The ULA unit investigates and refers for prosecution all unlicensed health care activity complaints and allegations.

The ULA unit works in conjunction with law enforcement and the state attorney’s offices to prosecute individuals practicing without a license. In many instances, unlicensed activity is a felony level criminal offense. More importantly, receiving health care from unlicensed people is dangerous and could result in further injury, disease or even death.

If the ULA complaint’s allegations can be substantiated, the ULA investigation will conclude with one or more of the following outcomes:

The subject(s) will be arrested by law enforcement.
The subject(s) will be issued a Uniform Unlicensed Activity Citation (Fine).
The subject(s) will be issued a Cease and Desist Agreement.
Typical examples of ULA complaints that may be investigated and circumstances in which they are observed for Unlicensed massage establishments & Unlicensed massage therapists
o Businesses and individuals advertising massage services (without listing a license number)
o Businesses & individuals advertising massage or body rubs in the “erotic services” section of various internet websites

To report suspected unlicensed health care activity:
Call 1-877-HALT-ULA (1-877-425-8852),
E-mail HALTULA@doh.state.fl.us,
or mail in a completed Complaint Form.

 

Note: Under Florida law, e-mail addresses are public records

 

New! Florida Massage School’s Pass Rates on Approved Exams
The Board of Massage Therapy enacted a rule change to 64B7-32.003, F.A.C., to ensure the achievement of Florida approved massage therapy education program graduates.

An approved program must achieve a graduate passage rate that is not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time test takers on the Board approved exam during a calendar year, as calculated by the contract testing service of the Board approved exam vendor.

Beginning with graduate passage rates for calendar year 2013:

If an approved program’s graduate passage rates do not equal or exceed the required passage rates for two consecutive calendar years, the Board may place the program on probationary status pursuant to Chapter 120, F.S., and may require the program director to appear before the Board to present a plan for remediation. If the program is placed on probationary status the program shall remain on probationary status until it achieves a graduate passage rate that equals or exceeds the required passage rate for any one calendar year.

Upon the program’s achievement of a graduate passage rate that equals or exceeds the required passage rate, the Board, at its regularly scheduled meeting following release of the program’s graduate passage rate by the Board approved testing vendor, shall remove the program’s probationary status. However, if the program, during the two calendar years following its placement on probationary status, does not achieve the required passage rate for any one calendar year, the Board shall terminate the program pursuant to Chapter 120, F.S.

 

Notice to Licensees About Fraudulent Documents
The Florida Department of Health (DOH) is aware that documents purportedly originating from DOH requesting information of a sensitive nature have been received by members of the public. These documents request licensees share information that may be used to commit fraud against a licensee or patient. DOH is committed to protecting the integrity of DOH licensees and consumers. The DOH Office of Inspector General is in contact with the Agency for Health Care Administration and the Florida Department of Law Enforcement to investigate fraud perpetrated on our licensees.

Should you receive a document that appears to be from DOH, but you believe may be fraudulent, you may contact your local law enforcement agency or  you may contact DOH at 850-488-0595 for instructions on how to proceed. Your cooperation and assistance is vital in protecting the continued integrity of DOH licensees and our consumers.

 

School Directors/Owners: Changes to Proof of Graduation Requirements
Because of recent issues involving fraudulent transcripts used to receive massage therapist licenses, changes were made to Rule Chapter 64B7-32.002, F.A.C. and were effective December 8, 2013.

64B7-32.002 Proof of Graduation.

To be acknowledged as a graduate of a Board approved massage school as referred to in Section 480.033(9), F.S., the Board’s administrative office must receive one of the following:

(1) List of graduates sent electronically in a method designed by the Board office; or

(2) Official transcript which indicates that an applicant has met all educational and institutional requirements indicating the date of enrollment and the date of graduation.

 An official transcript must include the following:

(a) Transcript must be printed on counterfeit proof paper;
(b) Transcript must be created in an electronic system at the approved massage school that includes an audit trail;
(c) Transcripts must be sent directly from the school to the Board office in a sealed envelope that states “Transcript is not valid if seal is broken.”

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Formerly 21L-32.002, Amended 2-13-95, 2-21-96, Formerly 61G11-32.002, Amended 2-26-12, 12-8-13.

Graduate lists are verified within 24 hours of receipt. If you would like to begin submitting password protected graduate lists to the Board office, please email info@floridasmassagetherapy.gov for further instruction. You will need to provide the names of the primary contact and back-up contact person for each campus. These individuals will be submitting the electronic graduate lists to our office.

If you are unable to submit electronic graduate lists, or password protect your graduate lists, you must mail a hard copy of official transcripts printed on counterfeit proof paper to our office at: Board of Massage Therapy, 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399.

 

Does your CE/CME Provider report Course Completions?
The Florida Department of Health will now verify licensee compliance with continuing education requirements at the time of licensure renewal. Licensees must report continuing education course completion to the electronic tracking system, powered by CE Broker, before license renewal.

The Department has partnered with CE/CME providers in an effort to eliminate the need for licensees to self-report course completion. There are currently over 3000 CE/CME providers reporting course information to CE Broker. If you see this logo on your CE/CME provider’s website or course materials, it will not be necessary for you to self-report course completion. This logo signifies that the CE/CME provider will report course completion on your behalf.

 

 

 

2012 Updates

 

The most pressing change in Florida Rules came with this new ruling that affects both massage therapists, apprentices and massage establishments. This new rule states that starting on August 1, 2012, all massage therapists and apprentices shall display their current license along with a 2 inch square photo of themselves that has been taken within 2 years.

            For massage establishments, this means that you must also display a 2 inch square photo of the person whose name appears on the establishment license that was taken within two years.  ALL licenses must be conspicuously displayed.

 

 

Additional Changes made in 2012

 

Listed below are additional changes made in 2012. These changes will have an ‘I’ in front of the sentence. Some of these changes include the following:

 

“I an approved program must achieve a graduate passage rate that is not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time test takers on the Board approved exam during a calendar year, as calculated by the contract testing service of the Board approved exam vendor.”

 

This rule is taking place in 2013 to help combat the number of schools that are putting out students who cannot pass the exam. These schools will have to begin to show success rates that are no lower than 10% points less than the average passage rate for graduates who are first-time test takers during the calendar year.

As of July, 2012 the National Pass Rate for students taking the NCBTMB was 74.75. For students in Florida taking that test, the Florida Pass Rate was only 73.47. So, according to NCTMB, Florida lags behind the national average for students taking the test for the first time.

 

 

 

Notice of Change/Withdrawal

 

DEPARTMENT OF HEALTH
Board of Massage

RULE NO.: RULE TITLE:
64B7-32.003: Minimum Requirements for Board Approved Massage Schools

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 4, January 27, 2012 issue of the Florida Administrative Weekly.

The change is due to a public hearing held March 13, 2012.

(Substantial rewording of Rule 64B7-32.003 follows. See Florida Administrative Code for present text.)

64B7-32.003 Minimum Requirements for Board Approved Massage Schools.

(1) In order to receive and maintain Board of Massage Therapy approval, a massage school, and any satellite location of a previously approved school, must:

(a) Meet the requirements of and be licensed by the Department of Education pursuant to Chapter 1005, F.S., or the equivalent licensing authority of another state or county, or be within the public school system of the State of Florida; and

(b) Offer a course of study that includes, at a minimum, the 500 classroom hours listed below, completed at the rate of no more than 6 classroom hours per day and no more than 30 classroom hours per calendar week:

Course of Study                                                                            Classroom Hours

Anatomy and Physiology                                                                      150

Basic Massage Theory and History                                                       100

Clinical Practicum                                                                                  125

Allied Modalities                                                                                   76

Business                                                                                                 15

Theory and Practice of Hydrotherapy                                                   15

Florida Laws and Rules                                                                         10

(Chapters 456 and 480, F.S. and Chapter 64B7, F.A.C.)

Professional Ethics                                                                                 4

HIV/AIDS Education                                                                           3

Medical Errors                                                                                       2

I An approved program must achieve a graduate passage rate that is not lower than 10 percentage points less than the average passage rate for graduates of comparable degree programs who are first-time test takers on the Board approved exam during a calendar year, as calculated by the contract testing service of the Board approved exam vendor.

(d) Apply directly to the Board of Massage Therapy and provide the following information:

1. Sample transcript and diploma; and

2. Copy of curriculum, catalog or other course descriptions;

(2) All faculty members of the massage therapy school must meet the minimum requirements of the Department of Education.

(3) Board of Massage Therapy approval shall be withdrawn or other action taken if the massage school, which it regulates under F.S. Chapter 480 and this rule:

(a) Modifies its curriculum to fall below the minimum standards set out in this rule, or fails to require its students to complete the minimum standards in order to graduate;

(b) Submits to the Board of Massage Therapy on behalf of an applicant for licensure documents containing information the school, through its owner, manager, instructors, or other employees or agents, knows to be false;

I Violates any standard applicable to the school pursuant to licensure by the Department of Education;

(d) Violates any applicable rule herein.

(4) A Board of Massage Therapy-approved school must notify the Board of Massage Therapy within 90 days of:

(a) Changes in curriculum; and

(b) Changes in address.

(5) Any change in ownership of a Board of Massage Therapy approved school must be approved by the Board of Massage Therapy.

(6) Beginning with graduate passage rates for calendar year 2013:

(a) If an approved program’s graduate passage rates do not equal or exceed the required passage rates for two consecutive calendar years, the Board may place the program on probationary status pursuant to Chapter 120, F.S., and may require the program director to appear before the Board to present a plan for remediation. If the program is placed on probationary status the program shall remain on probationary status until it achieves a graduate passage rate that equals or exceeds the required passage rate for any one calendar year.

(b) Upon the program’s achievement of a graduate passage rate that equals or exceeds the required passage rate, the Board, at its regularly scheduled meeting following release of the program’s graduate passage rate by the Board approved testing vendor, shall remove the program’s probationary status. However, if the program, during the two calendar years following its placement on probationary status, does not achieve the required passage rate for any one calendar year, the Board shall terminate the program pursuant to Chapter 120, F.S.

(7) If a massage school is alleged to have violated any provision of Florida Statute 480, Rule Chapter 64B7, F.A.C. or part therein;

(a) The Board shall inform the school of any alleged violations in writing. The school shall respond in writing and/or request to appear before the Board at the next scheduled meeting to explain any mitigating factors;

(b) If the Board determines that a school is in noncompliance, it may impose one of the following:

1. Corrective action required which shall include the time period in which the school must comply; or

2. Withdrawal of Board approval.

I The Board shall inform the Florida Department of Education or if an out of state school, the equivalent licensing authority, of the action taken.

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033(9), 480.041(1)(b) FS. History–New 3-25-86, Amended 8-15-89, 12-22-92, Formerly 21L-32.003, Amended 10-20-96, Formerly 61G11-32.003, Amended 8-16-98, 10-30-07, 4-25-10,________.

 

 

Another new Rule for Florida in 2012

 

            Beginning with licenses that expire in May 31, 2013, practitioners will be promoted to report continuing education credits during the renewal process.  By 2015, you will not be able to renew a license without having your continuing education reported into the continuing education tracking system (CE Broker).  If you do not have the hours to report, your license will move to a delinquent status at expiration.  In order to renew a delinquent license you will be required to complete the continuing education requirements.  Additional fees may apply. To date, the basic account is still free.

 

About CE Broker and the new rules

 

 

 

New Approach to License Renewal - www.CEatRenewal.com

 

Department of Health, Medical Quality Assurance will verify a practitioner’s continuing education record in the electronic tracking system at the time of renewal.  Practitioners will be able to view their course history in the continuing education tracking system free of charge.  The course history will show all the courses that have been reported for the practitioner.

If the practitioner’s continuing education records are complete, they will be able to renew their license without interruption. If the practitioner’s continuing education records are not complete, they will be prompted to enter their remaining continuing education hours before proceeding with their license renewal.

 

Why is continuing education being verified at renewal?

Continuing Education is a requirement to renew a professional license.

Section 456.025(7), F.S. requires the Department to implement an electronic continuing education tracking system for each biennial renewal cycle and to integrate such system into the licensure and renewal system. 

 

When will this change become effective?

Beginning with licenses expiring May 31, 2013, practitioners will be prompted to report continuing education credits during the renewal process. 

 

What will happen if I do not have the required continuing education for renewal?

Beginning in 2015 you will not be able to renew a license without having your continuing education reported into the continuing education tracking system.  If you do not have the hours to report, your license will move to a delinquent status at expiration.  In order to renew a delinquent license you will be required to complete the continuing education requirements.  Additional fees may apply.

 

Do I have to wait until license renewal to report my continuing education credits to the electronic tracking system?

No, you can report your hours free of charge anytime during the biennium.  For more information please visit www.CEatRenewal.com.  Please note, if you take a course from a Florida Board approved Provider they are required to report on your behalf.  If you take a course from a National organization it is your responsibility to report completion.  There may be other ways for you to obtain credit towards continuing education required for license renewal.  For specific approved methods of obtaining continuing education for your profession please review the Board rules by visiting www.flhealthsource.com

 

Do I have to subscribe to the electronic tracking system?

No, subscriptions remain optional.  There are a number of services you can receive by subscribing, however, it is optional.  You can always search for courses, report your hours, and view your course history free of charge by creating a Basic Account

 

How will I know what has been reported?

You will be able to view your course history free of charge.  Your course history will show all the courses that have been reported.

 

What is the difference in viewing my course history for free or subscribing to the continuing education tracking system?

With a free Basic Account you can view your basic course history, which will list the course name, educational provider name, date of completion and hours reported.  It would then be up to you to determine whether all of the courses that have been reported will complete all of your specific continuing education requirements.  You can also self-report any continuing education that may be missing.

A Professional Account (paid subscription) provides you with all of the tracking tools that CE Broker offers.  Your transcript will display what your specific CE requirements are and will calculate what requirements have been met and what may still be outstanding.  A Professional Account is a subscription service and is not a requirement but it can be a useful tool in managing your Florida continuing education requirements should you chose to subscribe.

 

For more information please visit   www.CEatRenewal.com

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What will it cost me?

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·         Basic Account-FREE

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Why the change?

                        Easier for licensees to understand the duration of the subscription they are purchasing.

                        Longer access for less when subscribing at the end of a license cycle.

                        The free Basic Account has greater functionality for the CE@Renewal change.

 

The New Concierge Account:

                        Removes the burden of reporting continuing education from the licensee.

                        Beneficial to those who take a lot of CE that must be self-reported.

                        Licensee’s mail or fax documentation to CE Broker and a Personal Reporting Assistant records the hours.

                        Personal Reporting Assistants guarantee the accurate recording of CE hours and follow up with the subscriber, notifying him or her of still outstanding requirements.

 

CEBroker.com | 1-877-434-6

 

 

 

Chapter Two

Florida Rules

 

 

2015 Updated
 

CHAPTER 480

MASSAGE PRACTICE


Title XXXII     Chapter 480    

 

 
 
 
 

480.031 Short title.

480.032 Purpose.

480.033 Definitions.

480.034 Exemptions.

480.035 Board of Massage Therapy.

480.036 Accountability of board members.

480.039 Investigative services.

480.041 Massage therapists; qualifications; licensure; endorsement.

480.0415 License renewal.

480.042 Examinations.

480.043 Massage establishments; requisites; licensure; inspection.

480.044 Fees; disposition.

480.046 Grounds for disciplinary action by the board.

480.0465 Advertisement.

480.047 Penalties.

480.0475 Massage establishments; prohibited practices.

480.0485 Sexual misconduct in the practice of massage therapy.

480.049 Civil proceedings.

480.052 Power of county or municipality to regulate massage.

480.0535 Documents required while working in a massage establishment.

480.031 Short title.—This act shall be known and may be cited as the “Massage Practice Act.”

History.—s. 1, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.

480.032 Purpose.—The Legislature recognizes that the practice of massage is potentially dangerous to the public in that massage therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage is therapeutic, and regulations are necessary to protect the public from unqualified practitioners. It is therefore deemed necessary in the interest of public health, safety, and welfare to regulate the practice of massage in this state; however, restrictions shall be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters shall be afforded the public through legal remedies provided for in this act.

History.—s. 2, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 49, ch. 89-374; s. 4, ch. 91-429.

480.033 Definitions.—As used in this act:

(1) “Board” means the Board of Massage Therapy.

(2) “Department” means the Department of Health.

(3) “Massage” means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation.

(4) “Massage therapist” means a person licensed as required by this act, who administers massage for compensation.

(5) “Apprentice” means a person approved by the board to study massage under the instruction of a licensed massage therapist.

(6) “Colonic irrigation” means a method of hydrotherapy used to cleanse the colon with the aid of a mechanical device and water.

(7) “Establishment” means a site or premises, or portion thereof, wherein a massage therapist practices massage.

(8) “Licensure” means the procedure by which a person, hereinafter referred to as a “practitioner,” applies to the board for approval to practice massage or to operate an establishment.

(9) “Board-approved massage school” means a facility that meets minimum standards for training and curriculum as determined by rule of the board and that is licensed by the Department of Education pursuant to chapter 1005 or the equivalent licensing authority of another state or is within the public school system of this state or a college or university that is eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program.

History.—s. 3, ch. 78-436; ss. 13, 15, 25, 30, 34, 50, 62, ch. 80-406; s. 2, ch. 81-318; s. 76, ch. 83-329; ss. 1, 12, 13, ch. 85-280; s. 50, ch. 89-374; s. 4, ch. 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.

480.034 Exemptions.—

(1) Nothing in this act shall modify or repeal any provision of chapters 458-464, inclusive, or of chapter 476, chapter 477, or chapter 486.

(2) Athletic trainers employed by or on behalf of a professional athletic team performing or training within this state shall be exempt from the provisions of this act.

(3) The state and its political subdivisions are exempt from the registration requirements of this act.

(4) An exemption granted is effective to the extent that an exempted person’s practice or profession overlaps with the practice of massage.

History.—s. 4, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 1, ch. 87-267; s. 4, ch. 91-429; s. 150, ch. 97-264.

480.035 Board of Massage Therapy.—

(1) The Board of Massage Therapy is created within the department. The board shall consist of seven members, who shall be appointed by the Governor and whose function it shall be to carry out the provisions of this act.

(2) Five members of the board shall be licensed massage therapists and shall have been engaged in the practice of massage for not less than 5 consecutive years prior to the date of appointment to the board. The Governor shall appoint each member for a term of 4 years. Two members of the board shall be laypersons. Each board member shall be a high school graduate or shall have received a high school equivalency diploma. Each board member shall be a citizen of the United States and a resident of this state for not less than 5 years. The appointments will be subject to confirmation by the Senate.

(3) The Governor may at any time fill vacancies on the board for the remainder of unexpired terms. Each member of the board shall hold over after the expiration of her or his term until her or his successor has been duly appointed and qualified. No board member shall serve more than two terms, whether full or partial.

(4) The board shall, in the month of January, elect from its number a chair and a vice chair.

(5) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chair of the board shall have the authority to call other meetings at her or his discretion. A quorum of the board shall consist of not less than four members.

(6) Board members shall receive per diem and mileage as provided in s. 112.061 from the place of residence to the place of meeting and return.

(7) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

History.—s. 5, ch. 78-436; ss. 13, 15, 25, 30, 34, 51, 62, ch. 80-406; s. 2, ch. 81-318; ss. 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, ch. 97-264; s. 151, ch. 98-200; s. 8, ch. 2014-20.

480.036 Accountability of board 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. The Governor shall cause to be investigated any complaints or unfavorable reports received concerning the actions of the board or its individual members and shall take appropriate action thereon, which may include removal of any board member for malfeasance, misfeasance, neglect of duty, commission of a felony, incompetency, or permanent inability to perform official duties.

History.—s. 6, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.

480.039 Investigative services.—The department shall provide all investigative services required in carrying out the provisions of this act.

History.—s. 9, ch. 78-436; s. 2, ch. 81-318; ss. 3, 12, 13, ch. 85-280; s. 4, ch. 91-429.

480.041 Massage therapists; qualifications; licensure; endorsement.—

(1) Any person is qualified for licensure as a massage therapist under this act who:

(a) Is at least 18 years of age or has received a high school diploma or high school equivalency diploma;

(b) Has completed a course of study at a board-approved massage school or has completed an apprenticeship program that meets standards adopted by the board; and

(c) Has received a passing grade on an examination administered by the department.

(2) Every person desiring to be examined for licensure as a massage therapist shall apply to the department in writing upon forms prepared and furnished by the department. Such applicants shall be subject to the provisions of s. 480.046(1). Applicants may take an examination administered by the department only upon meeting the requirements of this section as determined by the board.

(3) An applicant must submit 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, valid until the next scheduled renewal date, to practice massage.

(5) The board shall adopt rules:

(a) Establishing a minimum training program for apprentices.

(b) Providing for educational standards, examination, and certification for the practice of colonic irrigation, as defined in s. 480.033(6), by massage therapists.

(c) Specifying licensing procedures for practitioners desiring to be licensed in this state who hold an active license and have practiced in any other state, territory, or jurisdiction of the United States or any foreign national jurisdiction which has licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.

(6) Massage therapists who were issued a license before July 1, 2014, must submit to the background screening requirements of s. 456.0135 by January 31, 2015.

(7) The board shall deny an application for a new or renewal license if an applicant has been convicted or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:

(a) Section 787.01, relating to kidnapping.

(b) Section 787.02, relating to false imprisonment.

(c) Section 787.025, relating to luring or enticing a child.

(d) Section 787.06, relating to human trafficking.

(e) Section 787.07, relating to human smuggling.

(f) Section 794.011, relating to sexual battery.

(g) Section 794.08, relating to female genital mutilation.

(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.

(i) Former s. 796.035, relating to the selling or buying of minors into prostitution.

(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.

(k) Section 796.05, relating to deriving support from the proceeds of prostitution.

(l) Section 796.07(4)(c), relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.

(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.

(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.

(o) Section 827.071, relating to sexual performance by a child.

(p) Section 847.0133, relating to the protection of minors.

(q) Section 847.0135, relating to computer pornography.

(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.

(s) Section 847.0145, relating to the selling or buying of minors.

History.—s. 10, ch. 78-436; ss. 13, 15, 25, 30, 34, 52, 62, ch. 80-406; s. 2, ch. 81-318; ss. 25, 47, ch. 82-179; s. 77, ch. 83-329; ss. 4, 12, 13, ch. 85-280; s. 61, ch. 87-225; s. 52, ch. 89-374; s. 4, ch. 91-429; s. 153, ch. 94-119; s. 152, ch. 97-264; s. 9, ch. 2014-20; s. 3, ch. 2014-139; s. 59, ch. 2015-2.

480.0415 License renewal.—The board shall prescribe by rule the method for renewal of biennial licensure which shall include continuing education requirements not to exceed 25 classroom hours per biennium. The board shall by rule establish criteria for the approval of continuing education programs or courses. The programs or courses approved by the board may include correspondence courses that meet the criteria for continuing education courses held in a classroom setting.

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.

480.042 Examinations.—

(1) The board shall specify by rule the general areas of competency to be covered by examinations for licensure. These rules shall include the relative weight assigned in grading each area, the grading criteria to be used by the examiner, and the score necessary to achieve a passing grade. The board shall ensure that examinations adequately measure an applicant’s competency. Professional testing services may be utilized to formulate the examinations.

(2) The board shall ensure that examinations comply with state and federal equal employment opportunity guidelines.

(3) The department shall, in accordance with rules established by the board, examine persons who file applications for licensure under this act in all matters pertaining to the practice of massage. A written examination shall be offered at least once yearly and at such other times as the department shall deem necessary.

(4) The board shall adopt rules providing for reexamination of applicants who have failed the examination.

(5) All licensing examinations shall be conducted in such manner that the applicant shall be known to the department by number until her or his examination is completed and the proper grade determined. An accurate record of each examination shall be made; and that record, together with all examination papers, shall be filed with the State Surgeon General and shall be kept for reference and inspection for a period of not less than 2 years immediately following the examination.

History.—s. 11, ch. 78-436; ss. 13, 15, 25, 30, 34, 53, 62, ch. 80-406; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 154, ch. 94-119; s. 412, ch. 97-103; s. 154, ch. 97-264; s. 96, ch. 2008-6.

480.043 Massage establishments; requisites; licensure; inspection.—

(1) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.

(2) A person who has an ownership interest in an establishment shall submit to the background screening requirements under s. 456.0135. However, if a corporation submits proof of having more than $250,000 of business assets in this state, the department shall require the owner, officer, or individual directly involved in the management of the establishment to submit to the background screening requirements of s. 456.0135. The department may adopt rules regarding the type of proof that may be submitted by a corporation.

(3) The board shall adopt rules governing the operation of establishments and their facilities, personnel, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.

(4) Any person, firm, or corporation desiring to operate a massage establishment in the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.

(5) Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.

(6) If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (3), the department shall deny the application for license. Such denial shall be in writing and shall list the reasons for denial. Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.

(7) If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (3), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid.

(8) The department shall deny an application for a new or renewal license if a person with an ownership interest in the establishment or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of the establishment has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:

(a) Section 787.01, relating to kidnapping.

(b) Section 787.02, relating to false imprisonment.

(c) Section 787.025, relating to luring or enticing a child.

(d) Section 787.06, relating to human trafficking.

(e) Section 787.07, relating to human smuggling.

(f) Section 794.011, relating to sexual battery.

(g) Section 794.08, relating to female genital mutilation.

(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.

(i) Former s. 796.035, relating to selling or buying of minors into prostitution.

(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.

(k) Section 796.05, relating to deriving support from the proceeds of prostitution.

(l) Section 796.07(4)(c), relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.

(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.

(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.

(o) Section 827.071, relating to sexual performance by a child.

(p) Section 847.0133, relating to the protection of minors.

(q) Section 847.0135, relating to computer pornography.

(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.

(s) Section 847.0145, relating to the selling or buying of minors.

(9)(a) Once issued, no license for operation of a massage establishment may be transferred from one owner to another.

(b) A license may be transferred from one location to another only after inspection and approval by the board and receipt of an application and inspection fee set by rule of the board, not to exceed $125.

(c) A license may be transferred from one business name to another after approval by the board and receipt of an application fee set by rule of the board, not to exceed $25.

(10) Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.

(11) The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.

(12) A person with an ownership interest in or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of an establishment that was issued a license before July 1, 2014, shall submit to the background screening requirements of s. 456.0135 before January 31, 2015.

(13) This section does not apply to a physician licensed under chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage on the physician’s patients at the physician’s place of practice. This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.

History.—s. 12, ch. 78-436; ss. 13, 15, 25, 30, 34, 54, 62, ch. 80-406; s. 2, ch. 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.

480.044 Fees; disposition.—

(1) The board shall set fees according to the following schedule:

(a) Massage therapist application and examination fee: not to exceed $250.

(b) Massage therapist initial licensure fee: not to exceed $150.

(c) Establishment application fee: not to exceed $200.

(d) Establishment licensure fee: not to exceed $150.

(e) Biennial 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 apprentice: not to exceed $100.

(i) Colonics examination fee: not to exceed $100.

(j) Colonics reexamination fee: not to exceed $100.

(k) Application and reactivation for inactive status of a massage therapist license fee: not to exceed $250.

(l) Renewal fee for inactive status: not to exceed $250.

(2) The department shall impose a late fee not to exceed $150 on a delinquent renewal of a massage establishment license.

(3) The board may establish by rule an application fee not to exceed $100 for anyone seeking approval to provide continuing education courses and may provide by rule for a fee not to exceed $50 for renewal of providership.

(4) The department is authorized to charge the cost of any original license or permit, as set forth in this chapter, for the issuance of any duplicate licenses or permits requested by any massage therapist or massage establishment.

(5) All moneys collected by the department from fees authorized by this act shall be paid into the Medical Quality Assurance Trust Fund in the department and shall be applied in accordance with the provisions of s. 456.025. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.

History.—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; s. 55, ch. 89-374; s. 4, ch. 91-429; s. 157, ch. 97-264; s. 127, ch. 98-166; s. 187, ch. 2000-160.

480.046 Grounds for disciplinary action by the board.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(a) Attempting to procure a license to practice massage by bribery or fraudulent misrepresentation.

(b) Having a license to practice massage revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of massage or to the ability to practice massage. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter.

(d) False, deceptive, or misleading advertising.

(e) Advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in s. 480.0485.

(f) Aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to the provisions of this chapter or to a rule of the department or the board.

(g) Making deceptive, untrue, or fraudulent representations in the practice of massage.

(h) Being unable to practice massage with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon probable cause, authority to compel a massage therapist to submit to a mental or physical examination by physicians designated by the department. Failure of a massage therapist to submit to such examination when so directed, unless the failure was due to circumstances beyond her or his control, shall constitute an admission of the allegations against her or him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A massage therapist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of massage with reasonable skill and safety to clients.

(i) Gross or repeated malpractice or the failure to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances.

(j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform.

(k) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform.

(l) Violating a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department.

(m) Refusing to permit the department to inspect the business premises of the licensee during regular business hours.

(n) Failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition.

(o) Practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.

(p) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).

(3) The board shall have the power to revoke or suspend the license of a massage establishment licensed under this act, or to deny subsequent licensure of such an establishment, in either of the following cases:

(a) Upon proof that a license has been obtained by fraud or misrepresentation.

(b) Upon proof that the holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of the establishment so licensed.

(4) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120.

History.—s. 15, ch. 78-436; s. 2, ch. 81-318; s. 78, ch. 83-329; ss. 8, 12, 13, ch. 85-280; s. 1, ch. 88-233; s. 56, ch. 89-374; s. 4, ch. 91-429; s. 413, ch. 97-103; s. 45, ch. 2001-277; s. 21, ch. 2005-240; s. 2, ch. 2013-212.

480.0465 Advertisement.—Each massage therapist or massage establishment licensed under the provisions of this act shall include the number of the license in any advertisement of massage services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium. Pending licensure of a new massage establishment pursuant to the provisions of s. 480.043(7), the license number of a licensed massage therapist who is an owner or principal officer of the establishment may be used in lieu of the license number for the establishment.

History.—ss. 9, 13, ch. 85-280; s. 2, ch. 88-233; s. 57, ch. 89-374; s. 4, ch. 91-429; s. 5, ch. 2014-139.

480.047 Penalties.—

(1) It is unlawful for any person to:

(a) Hold himself or herself out as a massage therapist or to practice massage unless duly licensed under this chapter or unless otherwise specifically exempted from licensure under this chapter.

(b) Operate any massage establishment unless it has been duly licensed as provided herein, except that nothing herein shall be construed to prevent the teaching of massage in this state at a board-approved massage school.

(c) Permit an employed person to practice massage unless duly licensed as provided herein.

(d) Present as his or her own the license of another.

(e) Allow the use of his or her license by an unlicensed person.

(f) Give false or forged evidence to the department in obtaining any license provided for herein.

(g) Falsely impersonate any other licenseholder of like or different name.

(h) Use or attempt to use a license that has been revoked.

(i) Otherwise violate any of the provisions of this act.

(2) Except as otherwise provided in this chapter, any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable 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; s. 58, ch. 89-374; s. 4, ch. 91-429; s. 414, ch. 97-103; s. 158, ch. 97-264; s. 3, ch. 2013-212.

480.0475 Massage establishments; prohibited practices.—

(1) A person may not operate a massage establishment between the hours of midnight and 5 a.m. This subsection does not apply to a massage establishment:

(a) Located on the premises of a health care facility as defined in s. 408.07; a health care clinic as defined in s. 400.9905(4); a hotel, motel, or 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 defined in s. 330.27; or a pari-mutuel facility as defined 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 acting under the prescription of a physician or physician assistant licensed under chapter 458, an osteopathic physician or physician assistant licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an advanced registered nurse practitioner licensed under part I of chapter 464, or a dentist licensed under chapter 466; or

(c) Operating during a special event if the county or municipality in which the establishment operates has approved such operation during the special event.

(2) A person operating a massage establishment may not use or permit the establishment to be used as a principal domicile unless the establishment is zoned for residential use under a local ordinance.

(3) A person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 4, ch. 2013-212.

480.0485 Sexual misconduct in the practice of massage therapy.—The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited.

History.—s. 159, ch. 97-264.

480.049 Civil proceedings.—As cumulative to any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the department.

History.—s. 18, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.

480.052 Power of county or municipality to regulate massage.—A county or municipality, within its jurisdiction, may regulate persons and establishments licensed under this chapter. Such regulation shall not exceed the powers of the state under this act or be inconsistent with this act. This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons or establishments not licensed pursuant to this act.

History.—s. 20, ch. 78-436; ss. 13, 15, 25, 30, 34, 56, 62, ch. 80-406; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429.

480.0535 Documents required while working in a massage establishment.—

(1) In order to provide the department and law enforcement agencies the means to more effectively identify, investigate, and arrest persons engaging in human trafficking, a person employed by a massage establishment and any person performing massage therein must immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment. A valid government identification for the purposes of this section is:

(a) A valid, unexpired driver license issued by any state, territory, or district of the United States;

(b) A valid, unexpired identification card issued by any state, territory, or district of the United States;

(c) A valid, unexpired United States passport;

(d) A naturalization certificate issued by the United States Department of Homeland Security;

(e) A valid, unexpired alien registration receipt card (green card); or

(f) A valid, unexpired employment authorization card issued by the United States Department of Homeland Security.

(2) A person operating a massage establishment must:

(a) Immediately present, upon the request of an investigator of the department or a law enforcement officer:

1. Valid government identification while in the establishment.

2. A copy of the documentation specified in paragraph (1)(a) for each employee and any person performing massage in the establishment.

(b) Ensure that each employee and any person performing massage in the massage establishment is able to immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment.

(3) A person who violates any provision of this section commits:

(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) For a second violation, a misdemeanor of the first 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, s. 775.083, or s. 775.084.

History.—s. 2, ch. 2012-97.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Three

The Florida Board of Massage Therapy (2016 Updated)

 

The Florida Board of Massage Therapy was legislatively established to ensure that every Massage Therapist practicing in this state and every Massage Establishment meet minimum requirements for safe practice. The Florida Board of Massage Therapy is responsible for the licensure, monitoring and education of Massage Therapy professionals to assure competency and safety to practice in their service to the people of Florida.

 

Frequently asked Questions

·         General Questions

·         Licensure

·         Continuing Education

·         Renewal-Massage Establishments

 

Massage Therapy FAQ’s

 

How do I submit and pay the application fee using an Other Payer Code?
Applicants applying for licensure as a Licensed Massage Therapist by Examination, must obtain the other payer code from their massage program. This code can be used on the application as a payment option.

 
How do I request a declaratory statement or variance and waiver of a board rule?
Information on the requirements and how to file a Declaratory Statement can be found online on the Declaratory Statements page. Please note, a variance or waiver can only be granted for Rules in the Florida Administrative Codes, not for Florida Statutes.

 
How do I find an approved colonic irrigation education program?
Approved colonic irrigation programs are listed on the board’s approved school list.

 

How do I add the colonic irrigation specialization to my license?
You must hold a Florida massage therapist license and complete an approved colonic apprentice program or complete a course of study at an approved school. Applicants must complete the application and submit to the board office.

 
What should I do if my name changes after I apply, but before I am licensed?
Please submit a written request to the board office which includes your full name, as it appears on your application; the profession you are applying for; your file number; your new name; your date of birth; and your signature.

Your signed request can be mailed to:

Florida Board of Massage Therapy
4052 Bald Cypress Way
Bin C-06
Tallahassee, FL 32399-3256

 

How can my Florida massage program pay for my licensure application?
Instead of the student providing their own credit card for payment when completing the online registration application, they will have the option to enter the “€˜Other Payer Code”€™ to complete the application process. The application will be uploaded for processing and will stay in pending status until the massage program makes the payment. Interested massage programs will need to register with the Florida Board of Massage Therapy as an Other Payer and receive an Other Payer Code.

 

Can I endorse into Florida if I have an active license in another state but have never taken the NCBTMB or MBLEx exam?
No, applicants by endorsement are not eligible unless their licensure in another state required the passage of one of these board approved exams.

 
 
Who is responsible for requesting verification of my licenses? Does the board request it or do I?
You as the applicant are responsible for requesting licensure verification. The license verification form included in the application is intended to be mailed to other state licensing boards. Applicants seeking verifications/certifications from U.S. states or territories should complete Part I of the form and submit the form to the appropriate state or territory for completion. Check with the appropriate board to see if they charge a fee for this service.

 
What is endorsement; is it the same as reciprocity?
Endorsement is using your active license in another state, or board approved exam scores, to obtain a license in Florida. It is not the same as reciprocity. Reciprocity indicates Florida honors other state licenses and you would be allowed to work in Florida without obtaining a Florida license. Currently Florida law does not allow massage therapists to work in Florida without a Florida license.

 
Can I change my application from examination to endorsement or from endorsement to examination?
Yes, but you must request a change in the status of the application in writing to the board office. The request for the change will not be granted if the application has already been approved.

 
What should I do if I fail the examination?
You will need to reapply to sit for the exam. For more information regarding requirements to sit for the above listed exams or to schedule an exam, please contact the testing centers directly.

The NCBTMB can be reached at 1- 800-296-0664 or  http://www.ncbtmb.org/.

The FSMTB can be reached at 1-866-962-3926 or http://www.fsmtb.org/.

 
 
How often is the NCBTMB or MBLEx exam given?
Both the NCBTMB and MBLEx exams are offered through Computer Based Testing which is available six (6) days per week, excluding Sunday. For more information regarding requirements to sit for the above listed exams or to schedule an exam, please contact the testing centers directly. The NCBTMB can be reached at 1- 800-296-0664 or http://www.ncbtmb.org/. The FSMTB can be reached at 1-866-962-3926 or http://www.fsmtb.org/.

 
How long do I have after I graduate to take the NCBTMB or MBLEx examination?
There is no time limit for you to apply to take the examination.

 
Where can I take the NCBTMB or MBLEx examination?
NCBTMB and MBLEx testing takes place at Pearson VUE centers. Pearson VUE will provide you with information about the available test centers. You may schedule an appointment for any center. You do not have to take the NCBTMB or MBLEx in the same jurisdiction in which you are seeking licensure.

 
Where can I find a school to train in massage therapy?
Review the list of Florida Approved Massage Therapy Education Programs.

 
How can I review the status of my application?
You may check the status of your application in real time via our Online Services, using your User ID and password. If you lose your User ID and password, email Licensure Services. Licensure Services will provide requested User Id and Password within 24 hours of email receipt. Please include the following information for verification purposes:

Your first and last name
Last four digits of your social security number
Date of birth
Profession
License number If your account is locked, the system will automatically unlock your account within 24 hours.
 
Can massage therapists provide body wrapping services?
Yes, a licensee under Chapter 480, F.S., has always been able to provide body wrapping services. A person does not have to be a licensed massage therapist to perform body wraps. However, they are required to take a twelve (12) hour course and then register as a body wrapper under the Board of Cosmetology. A registered body wrapper will only be able to use pre-soaked wrap material and will not be allowed to apply oils or creams directly on the body. Unlike licensed massage therapists who are able to use their bare hands when applying oils and creams on their clients.

 
Is a massage therapy license required to perform reflexology and reiki?
Yes.

How can I find out about requesting an exemption?
Licensees employed or seeking employment with a health care facility licensed by the Agency for Health Care Administration (AHCA) may find information regarding exemptions on AHCA’s Exemption from Disqualification page.

 

What are the Board’s transcript requirements for massage therapist licensure?
Effective December 8, 2013, all applicants for massage therapist licensure must have proof of graduation sent to the Board office in one of the following two ways.

Submit a Graduate List to the Board office. (For Florida schools only)
Submit an official transcript on counterfeit proof paper. Transcript must be sent directly from the school to the Board office.
For more information, see the article “School Directors/Owners: Changes to Proof of Graduation Requirements.“

 
 
What are the guidelines for admitting students with criminal history?
Each massage education program makes independent decisions about admissions into the program and may require a criminal background screening as part of that process.

 
How may I contact the Florida Board of Massage Therapy with questions regarding the accuracy of massage education program information?
E-mail address: info@floridasmassagetherapy.gov.

 
Where can I find the Florida law and rules related to massage therapy education programs?
You may view Chapter 64B7-32, Florida Administrative Code.

 
What is an Other Payer Code?
An ‘Other Payer Code’ is an option given to massage programs to pay for their student’s licensure fee.

 
How can I pay for my student’s application fee?
Instead of the student providing their own credit card for payment when completing the online registration application, they will have the option to enter the ‘€˜Other Payer Code‘ to complete the application process. The application will be uploaded for processing and will stay in pending status until the massage program makes the payment. Interested massage programs will need to register with the Florida Board of Massage Therapy as an Other Payer and receive an ‘Other Payer Code’.

 
How does a program director submit a graduate list?
Please send email inquiries to: info@floridasmassagetherapy.gov.

 
 
What is the process for placing programs on probation?
Beginning in 2013, if an approved program’€™s graduate passage rates do not equal or exceed the required passage rates for two consecutive calendar years, the board may place the program on probationary status pursuant to Chapter 120, F.S., and may require the program director to appear before the board to present a plan for remediation. If the program is placed on probationary status the program shall remain on probationary status until it achieves a graduate passage rate that equals or exceeds the required passage rate for any one calendar year. However, if the program, during the two calendar years following its placement on probationary status, does not achieve the required passage rate for any one calendar year, the board shall terminate the program pursuant to Chapter 120, F.S.

 
What do I do if I have a complaint about a massage therapy education program in Florida?
Please send your complaint by email or letter, giving the details of your complaint to:

E-mail Address: MQA.ConsumerServices@flhealth.gov

Mailing Address:

Florida Department of Health
Consumer Services Unit
4052 Bald Cypress Way
Bin C75
Tallahassee, Florida 32399-3275

 
What is the process to become a new massage education program?
Please review the application for massage therapy school approval to access the application forms and the checklist for directions for a new program. For questions pertaining to the application process, you may contact the board office at info@floridasmassagetherapy.gov.

 
 
How do I obtain an Other Payer Code?
Interested massage programs will need to register with the Florida Board of Massage Therapy by providing, in letter format, their business name, mailing address, phone number and federal ID number. In addition, we will need a contact person and email address. Please indicate if you require more than one payment code, or a code expiration date and sign the letter indicating that all of the provided information is true and correct.

Please mail this letter to:

Florida Board of Massage Therapy
4052 Bald Cypress Way
Bin # C-06
Tallahassee, Florida 32399-3254

Once the massage program is registered, the Florida Board of Massage Therapy will mail a notification letter including the payment code and instructions on how to submit payment for students. The employer will need to provide their ‘Other Payer Code’ to students prior to them applying.

 

 

 

 

 

 

 

 

License and Renewal FAQ’s

 

What are the most common conditions placed on licensure?
You were ordered into the Professionals Recovery Network (PRN). Telephone number 1.800.888.8776. a. PRN will determine if monitoring is required or not. b. If you sign a contract a memo will be sent to the board office approximately 2 weeks after you sign your contract. c. If the board indicated no further action is required you will receive a clear and active license.
You were ordered to have a probationary period. a. Probationary report papers will be sent to you within 7 days of the board Office receiving a copy of your Order entitled “Notice of Intent to Approve with Conditions.”
You were ordered to complete additional Continuing Education (CE) as a condition of licensure
a. You may obtain a list of CE providers by visiting www.cebroker.com . The board office does not keep a list of providers or the classes they offer.

b. You are allowed to complete these courses online unless the board indicated otherwise. These are the most common conditions placed on an initial license. You may have other conditions placed on your license not covered here.

 
I was given a license with conditions at the board meeting, what happens next?
You will receive an official “€œNotice of Intent to Approve Licensure with Conditions”€ in approximately 30 to 90 days. Your license will not be released until your board order is filed with the agency clerk’€™s office. Your license will have a conditional tag until all of the conditions are met. This is not considered discipline. When all of the conditions have been completed you will receive a “€œNotice of Termination” stating such and your license will be in”€œClear and Active”€ status. If for any reason you do not agree with the ruling of the board you may appeal their decision. You will have 21 days from the date you receive the Notice of Intent to Approve with Conditions to appeal this decision. The instructions are located at the end of your Notice of Intent to Approve with Conditions and must be done in writing. Please read the Notice of Intent to Approve with Conditions carefully when you receive it. Failure to comply with the conditions of your license will result in the immediate suspension of your license and require you to complete a reinstatement application and appear before the board again. Please be sure to update your address with the board office, as the Notice will be sent to the last address on record and will not be forwarded to your new address.

 
How do I voluntarily relinquish my license?
Licensees who wish to voluntarily relinquish their license, and have no pending disciplinary action open against their license, may submit a request in writing to the board.

 
If I am on active military duty, what happens at renewal?
Licensees can review our Military Status page for what happens at renewal.

 
Can I set my massage establishment license on inactive status?
No, this option is not available to massage establishments at this time

 
How do I reactivate my inactive or retired massage therapist license?
Licensees who wish to reactivate their Inactive massage therapist license must meet the following requirements:

Submit a statement to the board requesting reactivation of license with the applicable fee.
Submit proof of completion of continuing education requirements for each biennium the license was in Inactive status. Click here for a list of  CE requirements per biennium.
A licensee who remained on inactive status for more than two consecutive biennial licensure cycles may be required to demonstrate the competency to resume active practice by sitting for a special purpose examination or by completing other reactivation requirements.

 
How do I become a CE Provider?
Please visit www.CEBroker.com for the application to become a CE provider.

 

My license is expiring soon and I did not receive a renewal notice. What should I do?
Renewal notices are now sent out as postcards. To expedite your renewal you may renew online. Your ID and Password can also be reset at our Get Login Help page. If your account is locked, the system will automatically unlock your account within 24 hours. If you lose your User ID and password, email Licensure Services. Please include the following information for verification purposes:

Your first and last name
Last four digits of your social security number
Date of birth
Profession
License number Remember, if you wait until the last minute, you may run into long wait times.
 
I have received a notice for renewal of my massage establishment license; however, I am no longer in business and wish to relinquish the license. How do I notify the board?
Write “Out of Business”€ across your license or your renewal notice and mail it to the board office.

 
I am ready to renew my license; however, the co-owner of this establishment is no longer affiliated with the business. May I reflect this change on my renewal notice?
No, any addition to or deletion of owners’€™ name(s) to or from a massage establishment is considered a change in the ownership of that establishment and you must submit an initial license application to the board office for a new license number to be issued.

 
May I indicate a change of business location on my massage establishment renewal notice?
No, you must submit a change of location application to the board office in order to change the location of your business. Any address change reflected on your renewal notice will be considered a change in mailing address only.
 
Does the continuing education provider report my completed continuing education units?
If you take a course from a Florida Board of Massage Therapy approved Provider, they are required to report on your behalf. If you take a course from a National organization, it is your responsibility to report completion.

 
Will I have to show proof that I have earned all of my continuing education hours, if I have an active license?
All massage therapists are subject to random audit. If audited, you must submit proof of completion of the required continuing education courses to the board. We recommend you keep your certificates of completion for 4 years.

 
How long does it take to renew my license?
Renewal postcards are sent at least 90 days before the expiration date. You should renew as soon as possible after receiving your notice. Please allow 1-2 weeks for receipt of your new license. To expedite your renewal you may renew online. If you lose your User ID and password, email Licensure Services. Licensure Services will provide requested User Id and Password within 24 hours of email receipt. Please include the following information for verification purposes:

Your first and last name
Last four digits of your social security number
Date of birth
Profession
License number Your ID and Password can also be reset at our Get Login Help page. If your account is locked, the system will automatically unlock your account within 24 hours.
 
 
I have received my renewal notice and have not completed my required continuing education hours. May I mail in my renewal and complete my hours later?
No, you must complete all contact hours before you renew your license. You may face disciplinary action for not completing the mandatory continuing education requirement.

 
I just took the Prevention of Medical Errors course to get my license. Do I have to take it again to renew it the first time?
Yes. The mandatory 2 hour continuing education course in Prevention of Medical Errors is required upon initial licensure and prior to every renewal thereafter, including the first renewal.

 
I have completed more continuing education hours for this biennium than was necessary. May I carry the balance over to the next renewal period?
No, all hours must be earned within your renewal period and may not be carried over to the next biennium. Also, CEs taken prior to the issuance of a permanent license cannot be counted towards renewal requirements.

 
When is my renewal due if I renew online?
Online renewal does not change your renewal expiration date. You are still required to submit a renewal no later than midnight on the date the license is scheduled to expire

 
Can I give my credit card information over the phone or by mail to renew my license if I do not want to use my card on the Internet?
No. The e-Renewal web site is a secure site and does not retain complete credit card information after the data is processed.

 

How do I tell if my e-Renewal was successful?
You will receive a confirmation message following a successful renewal. You are encouraged to print this message for your records.

 
 
Should I still mail in the renewal application if I renew online?
No. If you receive confirmation of a successful renewal, submission of the renewal application is not necessary.

 
Who do I contact if I have additional questions?
If you have any questions about renewing your license, call (850) 488-0595. Our customer service staff is available to assist you Monday through Friday from 8:00 a.m. to 6:00 p.m., Eastern Time. (Excluding state holidays)

 
What is the advantage of renewing my license online?
When you renew your license online, you will receive immediate confirmation that your renewal was received and processed successfully. In addition, online renewal allows you to use American Express, VISA, MasterCard or Discover to pay.

 
 
Why doesn’t the Renew License link allow me to open it?
The Renew License link is only activated for practitioners who are in renewal. If you believe your license is in renewal and you do not have access to the online renewal system, please email the Department at MQALicensureServices@flhealth.gov or call (850) 488-0595. Our Licensure Support Services staff is available to assist you Monday through Friday from 8:00 a.m. to 6:00 p.m., Eastern Time

 
How do I know when I should renew my license?
The department will mail a renewal notification to your last known address at least 90 days prior to the expiration of your license. Your license also indicates the date it will expire.

 
 
What if I want to change the status of my license during renewal?
The e-Renewal system will not allow you to change your status online. If you need to change your license status, you will be required to mail your renewal application and fee to the department for processing.

 
Why won’t the e-Renewal website accept my credit card information?
There are many reasons why credit card information may not be accepted. Some suggestions for checking credit card data input are listed below. If you find that all data is complete and correct, but the card is still not accepted, try a different card.

Be sure that you do not use any hyphens, “-”, underlines, “_”, or spaces when you type your credit card number.
Do not type text in the space provided for your credit card type, be sure that you click on/select your credit card type from the drop down list of acceptable credit cards.
Be sure to state the credit card expiration date correctly, with the slash and without spaces. An example of a month, year expiration would be: 09/03.
There is no comparison between the name on your license and the credit card name. When typing the name on the credit card, be sure that you type it just as it appears on the card that was used to complete the other credit card information.
Be sure that all credit card data fields are completed.
 
Can I change my account User ID?
Yes. After you have successfully logged in, you can modify your account id by selecting Update Login located on the side navigational menu.

 
Can I change my password?
Yes. After you have successfully logged in, you can modify your password by selecting Update Login located on the side navigational menu.

 
I’m entering my Account Id and Password but I can’t get logged on. What’s the problem?
Please note that Account Id and Password are case-sensitive. You must enter the values exactly as they were provided. Use the “Shift” key to capitalize letters, not the “Caps Lock” key.

 
Where would I file an appeal if I am disciplined by my licensing board?
At the following address:

Department of Health
MQA Agency Clerk’s Office
4052 Bald Cypress Way
Bin CO1
Tallahassee, Florida 32399-3251

 

 

How do I look up a license?
You may visit our online License Verification page. You may utilize this service to see the status of your providers license and whether there are any disciplinary cases or public complaints against the licensee.

 
 

How do I check to see if someone is licensed?
You may use our License Look-Up Search screen.

 

 

 

 

 

 

 

How do I update my address?
Update Your Address Online:

Login to Online Services by selecting your profession from the dropdown menu and entering your User ID and Password
Your User ID and Password were mailed with your initial license. Please look at the center section and refer to the Online Services Instructions, item #5.
If you do not have your User ID and Password, click on “Get Login Help“.
Select “Update Addresses” on the left side of the page
Enter the new address information
Once you have entered your new address, click on “Process”. You will receive a confirmation page that displays the updated address.
About Your Practice Location Address: The practice location address will display on the Internet and your license. Your practice location must be a physical location address and must not include a Post Office box. The mailing address will only display on the Internet if you have not provided a practice location address to us. Establishment/Facility Name or Address If the name or address change is for a facility that has changed location, a licensure application must be submitted. See your profession’s web page for additional information.

Update Address by Mail: If you prefer to change your address by mail, please complete the Change of Address form. Written requests for address changes must include your name, profession, license number, old address, new address, date of birth, last four digits of your social security number, and your signature.

Processing Time: If you are submitting an address change request by mail, please allow 5-7 business days for processing. Online requests will be processed within 48 hours.

Please Note: An updated license will not be automatically sent. A duplicate license request must be submitted.

 
 

 

 

 

 

 

 
 
How do I report unlicensed activity?
Visit our Enforcement Website to download and complete our Unlicensed Activity Complaint Form. Before completing your complaint form, please be sure to review all instructions provided on the first page.

 
How do I change my name?
Name changes require legal documentation showing the name change. Please submit a request including your full name as it appears on your license, profession, license number, your new name, your date of birth, the last four digits of your social security number, and your signature. Attach supporting documents, which must be one of the following:

a copy of a state issued marriage license that includes the original signature and seal from the clerk of the court
a divorce decree restoring your maiden name
a court order showing the name change (adoption, legal name change, federal identity change)
Any one of these will be accepted unless the Department has a question about the authenticity of the document. A social security card is not considered legal documentation. If you wish to receive a new license that reflects the name change, you must request a duplicate license. Mail your request to: Division of Medical Quality Assurance Licensure Support Services Attn:

License Verifications
P.O. Box 6320
Tallahassee, FL 32314-6320

 

If you need to change your name, and you prefer to renew online, please submit your name change request by mail and allow 5-7 business days processing time before you renew online.

 
 

 
How do I file a complaint?
Visit our Enforcement website and select the appropriate complaint form.
Review complaint form instructions on the first page of the complaint form.
Fill out all sections of the form and print.
Sign complaint form and attach the requested information.
Mail complaint form and attachments to:
Department of Health Consumer Services Unit
4052 Bald Cypress Way Bin C-75
Tallahassee, FL 32399-3260
Phone: 850-488-0796

You may also e-mail us at: MQA.ConsumerServices@flhealth.gov

Note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this e-mail address. Instead, contact this office by phone or in writing.

 
How do I print a confirmation of License?
You can print a confirmation of license through the Practitioner Login  feature of MQA Services. The confirmation is available up to 30 days after you submit your online renewal request. After logging into the system with your User ID and password, select Print Confirmation of License from the navigation bar located on the left.

 
How do I request document certification?
If you need a written statement on a public record attesting to the record’s genuineness or that it is a true and correct copy, you may fill out the Online Request Form. Be sure to indicate you need a certified copy of the request form. A $25 fee will be charged, in addition to the public record Fees and Charges. Visit our Public Records page for information on how to request certified documents by mail.

 
 
How do I request a License Verification/Certification
Make cashier’s check or money order payable to the Board/Council to be researched, in the amount of $25.00, for each verification requested. -Include name and address where verification is to be sent -Verification of Licensure order form -Non-Licensure Verification order form Mail your request and fee to:

Division of Medical Quality Assurance Licensure Support Services
Attn: License Verifications
P.O. Box 6320
Tallahassee, FL 32314-6320

Other Important Information: -Requests for licensure verification received without the appropriate fee will be returned unprocessed to the sender. -The Division of Medical Quality Assurance cannot guarantee your verification will meet the deadlines for other State Boards. The current processing time for licensure verifications is approximately 10 days from receipt. Please check your deadline dates before you submit your verification request. -Release forms from the licensees are not required for verifications.

Exemptions: Financial information, medical information, school transcripts, examination questions, answers, papers, grades and grading keys, are confidential and exempt forms pursuant to Section 119.071, Florida Statutes, and will be withheld pursuant to Section 456.057, Florida Statutes. Social Security numbers will also be redacted pursuant to 42 U.S.C. 405(c)(2)(C) (vii)(1).

 
How do I obtain a duplicate license?
There are two methods available to you, an online method and a request by mail method. Using the online method, many practitioners can request duplicate licenses through the Practitioner Login feature of MQA Services. After logging into the system with your User ID and password, select Duplicate License from the navigation bar located on the left.

Request by mail method: Send a letter stating your full name, profession, license number, last four digits of your social security number, date of birth, and statement requesting a duplicate license, along with a $25.00 cashier’s check or money order made payable to the Department of Health.

Please mail your request and fee to:

 

 

 

Department of Health
Post Office Box 6320
Tallahassee, FL 32314-6320

You should receive a new license in approximately 2-3 weeks. Please be aware if your profession is pending renewal, you may be asked to renew your license instead of being issued a duplicate license.

 
How do I request a duplicate license?
1. Login to Online Services by selecting your profession from the dropdown menu and entering your User ID and Password.

a. Your User ID and Password were mailed with your initial license. Please look at the center section and refer to the Online Services Instructions, item #5.
b. If you do not have your User ID and Password, click on “Get Login Help“.

2. Select “Duplicate License” on the left side of the page.

3. There is a $25.00 fee associated with this request If you prefer to request a duplicate license by mail send a letter with:

Full name
Profession
License number
Last four digits of your social security number
Date of birth
Statement requesting a duplicate license
A $25.00 cashier’s check or money order made payable to the Department of Health. Mail your request and fee to:
Department of Health
Post Office Box 6320
Tallahassee, FL 32314-6320

You should receive a new license in approximately 2-3 weeks. If your profession is pending renewal or in a current renewal cycle, you may be asked to renew your license instead of being issued a duplicate license.

 
 
How do I obtain an Other Payer Code?
Interested massage programs will need to register with the Florida Board of Massage Therapy by providing, in letter format, their business name, mailing address, phone number and federal ID number. In addition, we will need a contact person and email address. Please indicate if you require more than one payment code, or a code expiration date and sign the letter indicating that all of the provided information is true and correct.

Please mail this letter to:

Florida Board of Massage Therapy
4052 Bald Cypress Way
Bin # C-06
Tallahassee, Florida 32399-3254

Once the massage program is registered, the Florida Board of Massage Therapy will mail a notification letter including the payment code and instructions on how to submit payment for students. The employer will need to provide their ‘Other Payer Code’ to students prior to them applying.

 
How do I request a declaratory statement?
Any substantially affected person (i.e. a licensee or applicant) may seek a Declaratory Statement. Declaratory statements regarding an opinion of a board, or the department when there is no board, as to the applicability of a statutory provision, or of any rule or order of the board, or department when there is no board, as it applies to the licensees particular set of circumstances, pursuant to Section 120.565, Florida Statutes. The petition seeking a declaratory statement must state with particularity the licensees set of circumstances and must specify the statutory provision, rule, or order that the licensee believes may apply to the set of circumstances.

 
How do I view and update my profile?
You can view, confirm, or make changes to the information that will be published in your practitioner profile by logging in. In carrying our legislative mandate to publish practitioner profiles, we want to ensure the information that we publish is accurate. Accordingly, we ask that you please review your profile for any changes, corrections, and/or omissions. If you see the statement “The practitioner did not provide this mandatory information”, please provide that information.

 

 

We will not accept curriculum vitae or resumes in place of you providing specific information. Changes, excluding education and training, year began practicing, and liability claims, can be made to your profile electronically by following the instructions below.

You may also submit changes by mail to:

Department of Health
Licensure Support Services
4052 Bald Cypress Way
Bin C-10
Tallahassee, Florida 32399-3260

Please note that Section 456.042, Florida Statutes, requires practitioners to update profile information within 15 days after a change of an occurrence in each section of your profile. Attention Newly Licensed Practitioners Section 456.041(7), Florida Statutes, requires you to submit changes to the department within thirty (30) days from receipt of notice. If you do not make changes within thirty (30) days, your profile will be automatically published. Once you have completed your review and made any necessary corrections, click on “Confirm Changes”. The Practitioner Confirmation Page will display the information that will be published online, at which time you must “Confirm” the profile again before the changes will be implemented.

Note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

 
Apply for an Expert Witness Certification?
For Dentists, Medical Doctors and Osteopathic Physicians – To provide expert testimony concerning the prevailing professional standard of care, you must either be licensed in Florida OR you must possess an expert witness certificate. To apply for an “Expert Witness Certificate”:

 Go to our Online Application Login page.
First time users must create an account by clicking on the “Create an Account button” and following the prompts.
Once you have created an account, select your profession from the “Board/Council” drop down menu.
Under the “Profession” drop down menu, select either “Dental Expert Witness Certificate”, “Medical Doctor Expert Witness Certificate” or “Osteopathic Physician Expert Witness Certificate”.
Enter your email address and password and click “Login”.
 

 

Which link allows me to change my mailing address on file with the department?
Once you are logged into Online Services, select Update Address link from the side navigational menu.

 
How can I find declaratory statements?
For a complete list please visit our Declaratory Statements page.

 
Where can I find the minutes from the latest meeting?
The minutes from our board meetings can be found on our Meetings page and click on Past Meetings.

 
What are the deadlines to have an item placed on the board agenda?
Agenda items must be submitted to the board office 30 days prior to any particular board meeting date. Staff must have sufficient time to review documentation prior to it being placed on the agenda. If, upon review, the application for licensure is found to be complete and requires review by the board members, it will be placed on the next available board meeting. The application must be complete at least 30 days prior to the board meeting date.

 
I’m not receiving a response to my email inquiries?
Verify that you are using the email address info@floridasmassagetherapy.gov. Also, if you have SPAM blocker on your computer, you will not be able to receive emails from the Florida Board of Massage Therapy without updating your SPAM blocker to allow emails from the Department. Please update your SPAM blocker to receive emails from @floridasmassagetherapy.gov or contact our Licensure Support Services at (850)-488-0595, for Account ID and Password renewal information.

 
 
Why do I receive an error when trying to print my temporary license?
If a PDF file fails to download, shows up blank, or freezes your internet browser, the file was most likely corrupted during the download process. To correct the problem, you will need to first clear your browser’s cache, then close and restart the browser, which entails logging back into MQA Services to continue downloading the document. If the cache is not cleared the cached version of the document, which is likely damaged, will still appear.

 
Is there an additional fee for using a credit card?
No. There is no additional cost for making a credit card payment online.

 
How can I get a list of practitioners by county?
To view a list of actively licensed practitioners, use the License Verification Search and select the county and profession from the drop-down list.

 
How do I obtain a duplicate license?
There are two methods available to you, an online method and a request by mail method. Using the online method, many practitioners can request duplicate licenses through the Practitioner Login feature of MQA Services. After logging into the system with your User ID and password, select Duplicate License from the navigation bar located on the left.

Request by mail method: Send a letter stating your full name, profession, license number, last four digits of your social security number, date of birth, and statement requesting a duplicate license, along with a $25.00 cashier’s check or money order made payable to the Department of Health.

Please mail your request and fee to:

Department of Health
Post Office Box 6320
Tallahassee, FL 32314-6320

 

 

You should receive a new license in approximately 2-3 weeks. Please be aware if your profession is pending renewal, you may be asked to renew your license instead of being issued a duplicate license.

 
Advice for AOL users.
Users of later versions of AOL may experience problems accessing links within the Medical Quality Assurance (MQA) Services page when inside AOL and using the AOL browser. This is caused by pop-up security features within newer versions of AOL. Try to avoid accessing MQA Services from within AOL. The way around the problem, once you have started AOL, is to minimize the AOL window and, from your computer’s desktop, open up an Internet Explorer or Netscape Navigator browser. Type the url directly on the address line of the browser and press Enter. You will be able to access all the features within the MQA Services page without experiencing problems.

 
How do I know if this website is secured?
This website is secured using a thawte Digital Certificate. This ensures that all information you send to us via the World Wide Web will be encrypted. Please click on the thawte Trusted Site Seal which demonstrates our commitment to your security. In addition to the thawte Trusted Site Seal, you will also see the “lock” emblem displayed in the browser. In Internet Explorer 6, the lock emblem can be found in the lower right-hand corner of the status bar. In Internet Explorer 7.0, the lock emblem can be found next to the address (URL) line. In FireFox and Netscape, the emblem can be found in both locations.

 
How can I get a practitioner’s disciplinary history?
You can request a practitioner’s disciplinary history from our Public Records website under Disciplinary Records.

 
How can I file a complaint against a licensee?
Print the Complaint Form with the Authorization for Release of Patient Records from our Enforcement site or call 1-888-419-3456 or (850)414-1976 to request one by phone. Complete the form and mail it to the address given on the form.

 
How long does it take to get a response to my public records request?
Five business days.

 
How can I become a board member?
Board members are appointed by the governor and confirmed by the Senate. You may apply by contacting the Governor’s Appointment Office.

Governor’s Appointment Office
LL10 The Capitol
Tallahassee FL 32399-0001

Or by visiting the Governor’s Appointments Office website or email appointments@eog.myflorida.com.

 
How can I get a copy of the board’s agenda?
By visiting the board’s meetings page. Scroll to the bottom of the page and click on either past or upcoming meetings. Review the meeting dates to locate the agenda you need, and the board’s agenda should be posted on the right under Materials.

 
Who can attend board meetings?
All board meetings are open to the public and you are encouraged to attend. You can find a schedule to the upcoming board meetings on the Meetings Page.

 

What is the difference between License Verification and License Certification?
License Verification – Information regarding the licensure status of a practitioner. This is for use by persons or organizations that do not require a document certifying this information under seal. Licensure Certification – Specific document certifying licensure status and disciplinary history, prepared by a representative of the Division of Medical Quality Assurance and bearing a seal. This document is generally required for applicants seeking licensure in other states and for use in court proceedings. There is a $25 fee for this service in accordance with Rule 64B-4.001, F.A.C.

 
Does the department have assistance programs for impaired health care professionals?
Yes, Florida health care professionals can seek assistance for impairment through the Department’s Impaired Practitioner Programs – the Intervention Project for Nurses (IPN) or the Professionals Resource Network (PRN). Impairment may be as a result of misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee’s ability to practice with skill and safety.

Intervention Project for Nurses, Inc. (IPN)
Linda L. Smith, ARNP, M.Div, CAP
Chief Executive Officer
P.O. Box 49130
Jacksonville Beach, FL 32240-9130
Toll Free: (800) 840-2720
Telephone Number: (904) 270-1620
FAX: (904) 270-1633
E-Mail: lsmith@ipnfl.org

Professionals Resource Network, Inc. (PRN)
P.O. Box 1020
Fernandina Beach, Florida 32035-1020
Toll Free: (800) 888-8PRN (8776)
Telephone Number: 904-277-8004
Fax: 904-261-3996
E-Mail: admin@flprn.org

 
 
Do I have to report any criminal activities after I receive my license?
You are required to report all criminal activities after you receive your license. You may report the criminal offense(s) online via Online Services, by e-mail , or by mail:

Florida Department of Health
Licensure Support Services Unit
Bin #C-10
Tallahassee, FL 32399-3267

If reporting by e-mail or mail, provide the date of the offense, a description of the crime, and the county and state of jurisdiction.

 
 

Which professions have profiles that list education, specialty certification and other background information on-line?
All medical doctors, osteopathic physicians, chiropractic physicians, podiatrists, and advanced registered nurse practitioners have profiles that list this information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Background Screenings FAQ’s

During the 2014 Legislative session, a law was passed (CS/HB 1065) that will affect massage therapist and massage establishment licensure in Florida.

 

Current Licensees

Pursuant to s.456.0135, F.S., effective July 1, 2014, the following individuals must undergo a criminal background screening prior to January 31, 2015:

All massage therapists licensed in this state prior to July 1, 2014;
Any person with an ownership interest in a massage establishment licensed in this state prior to July 1, 2014, or
If the massage establishment is owned by a corporation that has more than $250,000 of business assets in this state, the owner, officer or individual directly involved in the management of the establishment will be required to submit to background screening.
 

Applicants for Licensure

Any applicant for licensure as a massage therapist or massage establishment on or after July 1, 2014 must undergo, prior to licensure, a criminal background screening as outlined above.

 

How much does electronic fingerprinting cost?
The total fee charged by each service provider varies. Please contact the service provider to obtain this information. The fingerprint results are usually received by the Department two to four days after your fingerprints are scanned. You can view the service provider options and contact information on the LiveScan Service Providers List (see list on next page).

 

 

 

 

 

Livescan Service Providers

Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.

The Florida Department of Health has entered into new non-exclusive agreements with the following three Livescan Service Providers: 3M Cogent, Fieldprint, Inc. and MorphoTrust USA. These three Livescan Service Providers are the Department’s preferred vendors for fingerprinting services. All three are able to assist applicants and licensees throughout the state of Florida and possess all capabilities required by the Department. They are also available to support out-of-state applicants and licensees with hard cards.

Preferred Livescan Service Providers:
Contact Information
Location & Hours
Fees
Additional Information
3M Cogent, Inc.



See website for location and hours
$54.50
Photo Capable: Yes
Fieldprint, Inc.


Hours:
See website for location and hours

Scheduling Instructions: Scheduling Instructions
Contact for details
Photo Capable: Yes
Morpho Trust USA LLC
Phone:
Robert Girdwain,
888-859-4356
Fax 800-272-2080
Hours:
See vendor website for details. Varies by site. No walk-ins or same day appointments.
Contact for details
Photo Capable: Yes
 
 
 
 
 


If you are unable to use one of the preferred vendors chosen by the Department, you may visit the FDLE website to choose an FDLE approved service provider. For assistance with Livescan issues, you may contact the FDLE Call Center at (850) 410-8161 between the hours of 8 a.m. and 5 p.m.

 

 
How do I find a LiveScan service provider in order to submit my fingerprints to the Department?
The Department of Health accepts electronic fingerprinting service offered by LiveScan service providers that are approved by the Florida Department of Law Enforcement and listed at their site. You can view the service provider options and contact information on the LiveScan Service Providers List.

 
What information must I provide to the LiveScan service provider I choose?
a) If you are an applicant seeking a license for any profession regulated by the Department of Health which requires a criminal background search as a condition of licensure, you must provide accurate demographic information at the time your fingerprints are taken, including your Social Security number. The Department will not be able to process a submission that does not include your Social Security number.

b) You must provide the correct ORI number. If you apply online, there is a form that you can print out that will have your ORI number prepopulated. In the paper application, you can locate your ORI number in the instructions.

c) In addition to compliance with the Florida Department of Law Enforcement transmission requirements, the LiveScan service providers will need the following information in order for the Department to receive the results appropriately. Failure to submit this information may result in the Department’s inability to obtain screening results:

Full Name
Individual’s Address
Social Security Number
if the SSN is not included, the results will not appear on the Department’s Results website
Date of Birth
Race
Sex
Height
Weight
Employer Name
Employer Address
address information should be separated by commas: street, city, state, zip
 
Where do I get the ORI number to submit to the vendor?
If you apply online, there is a form that you must print out that will have your ORI number pre-populated. In the paper application, you can locate your ORI number in the instructions.

 
I submitted my fingerprint through a Florida Department of Law Enforcement approved service provider, but I have now received a deficiency letter regarding my fingerprints? What should I do?
As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to the Department. We will not be able to process your application until we have received this information. You should contact your fingerprint service provider to determine if they have submitted the prints to the FDLE for processing. You can view the service provider options and contact information on the LiveScan Service Providers List (As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to the Department.

We will not be able to process your application until we have received this information. You should contact your fingerprint service provider to determine if they have submitted the prints to the FDLE for processing. You can view the service provider options and contact information on the LiveScan Service Providers List.  Applicants should submit their applications prior to submitting their fingerprints in order to afford themselves an opportunity to resolve any application deficiencies prior to the expiration of the criminal history results.

 
What kind of assistance can the DOH provide if I have problems with a LiveScan service provider?
As an applicant, you have the choice to select a service provider approved by the FDLE. Since DOH does not approve or regulate LiveScan service providers, you will be fully responsible for the fingerprint submission and for ensuring that the prints have been timely submitted to the Florida Department of Law Enforcement. The DOH retrieves the fingerprint results from the Florida Department of Law Enforcement electronically. We suggest that you ask the service provider for a receipt showing payment date and other pertinent information in case you need to go back to them for assistance.

 
What do I need to know if I do not have a Social Security Number?
A Social Security Number is not required for Livescan. You can find a list of providers who provide this service on the Department’s Livescan Service Provider website. Please note: If you are an applicant located outside of the U.S., you will need to contact a Livescan service provider who has the capability to convert a traditional (hard card) into an electronic fingerprint card. To obtain an electronic copy of the fingerprint card, please visit the FBI’s website.

 
Is there a different process for out of state applicants? Or from out of the country?
Out of state and out of the country applicants are still required to submit their fingerprints electronically. There are national Livescan service providers, such as L1 Identity Solutions, Fieldprint, and National Fingerprint, Inc. which can assist out-of-state applicants. You can obtain a hard fingerprint card from the FBIs website  or by contacting your board office. Starting January 1, 2013, the Florida Department of Health retains fingerprints on any applicant who is required to undergo a criminal history screening in the Care Provider Clearinghouse. This Clearinghouse allows for the sharing of criminal history information among specified agencies. One of the requirements for the Clearinghouse is a photograph taken at time of fingerprinting, therefore, if your fingerprints are submitted without a photograph, you may have to undergo additional fingerprinting in the future when applying at a different agency.

What is the difference between a LiveScan and a hard card scanning?
LiveScan device is a term used to describe the scanners used to directly capture fingerprints through a scanning function. Persons being screened place their hands directly on the scanner for reading. Fingerprint scanning using a LiveScan device provides faster results and generally costs less than hard card scanning as there is less handling involved. LiveScan capture also produces a better quality print, so there is a lower rejection rate of illegible prints (no ink smudging, etc). Hard card scanning is a method of submitting a traditional fingerprint card where finger prints are “rolled” in ink onto an FBI fingerprint card. Cards may be converted to “electronic” by using a machine that scans the cards. There is typically a fee associated with “rolling the prints” as a high degree of skill is required to achieve the necessary quality.

 
How long does it take to process the criminal history background screening?
The process takes up to 48 hours.

Is it possible to expedite the criminal history background screening process?
Unfortunately, there is no way to expedite the process.

 

 

Established License FAQs

 

How can my Florida massage education program pay for my licensure application?
Instead of the student providing their own credit card for payment when completing the online registration application, they will have the option to enter the ‘Other Payer Code‘€™ to complete the application process. The application will be uploaded for processing and will stay in pending status until the massage program makes the payment. Interested massage programs will need to register with the Florida Board of Massage Therapy as an Other Payer and receive an ‘Other Payer Code‘.

 
I have moved my business location, what should I do?
You must submit a change of location application and pass an inspection at the new location in order to change the location of your business.

 
What is considered a change in ownership? What should I do?
Because a massage establishment license is non-transferable between owners, each new owner must apply for a new license number. Any change from one owner type to another type is considered a change in ownership (i.e. a change from individual to individual, sole-proprietor to corporation, corporation to corporation, etc.). Please note, if an individual becomes incorporated, and the corporation now owns the establishment, that is considered a change of ownership. It is a change of ownership even if the individual who previously owned the establishment now owns the corporation. Any change in corporate officers is not considered a change in ownership, if the corporation itself remains the same.

 
Are there additional requirements my business must meet in my city or county?
A county or municipality, within its jurisdiction, may regulate persons and establishments licensed under Chapter 480, F.S., Massage Practice Act. Such regulation shall not exceed the powers of the state under this act or be inconsistent with this act. Please contact your local tax collector or other local licensing entity for their specific business requirements.

 
 
When will my massage establishment be inspected? Will the inspector call first?
For new establishments, the owner of the establishment will be contacted by the inspector to set an appointment to conduct the initial inspection. For current licensees, the inspector may visit the facility at any time to conduct a routine inspection of your licensed establishment each year. A copy of the inspection form used by DOH inspectors can be reviewed and may help to prepare for an inspection.

 
Is insurance coverage necessary for a massage establishment?
Yes, a massage establishment must provide proof confirming property damage and bodily injury liability insurance coverage. Only the licensed massage therapist who is the owner of the establishment may use insurance from a professional association to satisfy this requirement for massage establishment licensure.

 
Is a massage establishment license needed for a licensed massage therapist to perform massage therapy in an acupuncturist, chiropractor, dentist, physical therapist or podiatrist’s office?
Yes.

 

 

 

 

 

 

Continuing Education FAQs

 

Why is continuing education being verified at renewal?
Continuing Education is a requirement to renew a professional license. Section 456.025(7), F.S. requires the Department to implement an electronic continuing education tracking system for each biennial renewal cycle and to integrate such system into the licensure and renewal system.

 
When will this change become effective?
Beginning with licenses expiring August 31, 2013, practitioners will be prompted to report continuing education credits during the renewal process.

 
Do I have to wait until license renewal to report my continuing education credits to the electronic tracking system?
No, you can report your hours free of charge anytime during the biennium. For more information please visit www.CEatRenewal.com

Please Note: if you take a course from a Florida Board approved Provider they are required to report on your behalf. If you take a course from a National organization it is your responsibility to report completion. There may be other ways for you to obtain credit towards continuing education required for license renewal. For specific approved methods of obtaining continuing education for your profession please review the Board rules by visiting the Continuing Education Page on FLHealthSource.gov

 
What will happen if I do not have the required continuing education for renewal?
Beginning in 2015 you will not be able to renew a license without having your continuing education reported into the continuing education tracking system. If you do not have the hours to report, your license will move to a delinquent status at expiration. In order to renew a delinquent license you will be required to complete the continuing education requirements. Additional fees may apply.

 
Do I have to subscribe to the electronic tracking system?
No, subscriptions remain optional. There are a number of services you can receive by subscribing, however, it is optional. You can always search for courses, report your hours, and view your course history free of charge by creating a Basic Account.

 
How will I know what has been reported?
You will be able to view your course history free of charge. Your course history will show all the courses that have been reported.

 
What is the difference in viewing my course history for free or subscribing to the continuing education tracking system?
With a free Basic Account you can view your basic course history, which will list the course name, educational provider name, date of completion and hours reported. It would then be up to you to determine whether all of the courses that have been reported will complete all of your specific continuing education requirements. You can also self-report any continuing education that may be missing. A Professional Account (paid subscription) provides you with all of the tracking tools that CE Broker offers. Your transcript will display what your specific CE requirements are and will calculate what requirements have been met and what may still be outstanding. A Professional Account is a subscription service and is not a requirement but it can be a useful tool in managing your Florida continuing education requirements should you chose to subscribe.

 
Is my CE information in the electronic CE tracking system a public record?
Yes.

 

 

 

Refund FAQs

 

Will I get a refund if I am not approved for licensure?
The Board Office will refund your initial license fee and unlicensed activity fee. Your application fee is non-refundable and will not be refunded to you.

 
How do I request a refund?
You must submit your request in writing. Mail, Fax or Email your signed request to the Board Office.

Please visit our Contact Information page for the mailing address and fax number.

 
I overpaid on my fees. Can I receive a refund?
There is a three year statute of limitation for refunds so if the overpayment was made less than three years ago you are eligible for a refund.

 
How long will it take to receive my refund?
Once your request is received, it can take up to four weeks to receive your refund.

 
If I reapply for licensure after my application expires, will all of the fees apply to my new application?
Only the initial license fee and the unlicensed activity fee will be applied to the new application.

 

 

 

Military Spouse FAQs

 

What are the provisions of this bill?
This bill amends section 456.024, Florida Statutes, (F.S.), creating a temporary license for health care practitioners who are spouses of active duty members of the Armed Forces.

 
How would an applicant apply for licensure?
The applicant can download the regular application to include the supplemental page from the board’s webpage.

 
Why must the applicant provide the normal application for licensure?
The applicant must provide proof that he or she would otherwise be entitled to full licensure under the appropriate practice act, and is eligible to take the respective licensure examination as required in Florida.

 
When does the temporary license expire?
The temporary license is valid for 12 months after the date of issuance and is not renewable.

 
What needs to be provided with the application?
Fees
Proof of marriage to an active duty member of the Armed Forces of the United States and that the applicant’s spouse is assigned to a duty station in this state based upon the member’s official active duty military orders.
Proof of a valid license in another state, the District of Columbia, a possession or territory of the United States, or a foreign jurisdiction and eligibility to take the Florida licensure examination.
 
 
What would deem an applicant ineligible for licensure?
 If applicant has been convicted of or pled nolo contendere to, regardless of adjudication, any felony or misdemeanor related to the practice of a health care profession.
If applicant has had a health care provider license revoked or suspended from another state, the District of Colombia, or a United States Territory.
If applicant has been reported to the National Practitioner Data Bank, unless the applicant has successfully appealed to have his or her name removed from the data bank.
If applicant has previously failed the Florida examination required to receive a license to practice the profession for which the applicant is seeking a license.
The board or department if there is no board may revoke a temporary license upon finding that the individual violated the profession’s governing practice act.

 

 

 

 

2016 Board of Massage Therapy Meeting Dates and Locations

            Meeting Information

 

 

Full Board Meetings

The Board meets quarterly, generally during the months of January, April, July, and October. The full board meetings include disciplinary cases, application review, liaison reports, rule discussions and other necessary Board actions. The Full Board Meeting begins at 9:00 am or thereafter on Thursday and Friday.

 

Conference Calls

The Board holds conference calls quarterly, generally during the months of March, June, September, and December. The conference call meetings include application review, rule discussions and other necessary Board actions. The Conference Call Meeting begins at 8:30 am or thereafter generally on the second Wednesday of the month.

 

The Board will notice individuals of a required appearance if necessary. Dates and times are subject to change.

Next Meeting:  June 8, 2016


Board Meeting

Meeting Location: Telephone Conference Call

Meet Me #:  (888) 670-3525

Participation Code:  2597709961

 

 

Board Meeting

Meeting Location: Tampa Airport Marriott, 4200 George J Bean Outbound Parkway, Tampa, FL 33607. (813) 879-5151

 

 

 

 

 

Date
Meeting Type
Materials
 

July 7, 2016
Probable Cause Panel
FAR Notice |
 

July 28 - July 29, 2016
General Business Meeting
FAR Notice |
 

September 1, 2016
Probable Cause Panel
FAR Notice |
 

September 14, 2016
Board Meeting
FAR Notice |
 

October 20 - October 21, 2016
General Business Meeting
Pending Board Approval
 

November 10, 2016
Probable Cause Panel
FAR Notice |
 

December 14, 2016
Board Meeting
FAR Notice |
 

 

Agenda Request

You may submit an email request to be placed on the Board’s Interested Parties List. The board routinely sends out Agenda Outlines to interested parties 7-10 days prior to an upcoming board meeting. Copies of the full “public” agenda are also available, but are subject to a duplication fee. Receipt of material by deadline date does not automatically guarantee placement on agenda. Only files that are deemed complete will be placed on the agenda.

 

Note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

 

 
The Board

 

The Florida Board of Massage Therapy plays an integral role in health care regulation as the board members and staff interact regularly with other massage therapy affiliated groups in Florida, as well as the National Certification Board for Therapeutic Massage & Bodywork and the Federation of State Massage Therapy Boards.

The Florida Board of Massage Therapy is made up of 7 members. Five members of the board must be licensed massage therapists and must have been engaged in the practice of massage for not less than 5 consecutive years prior to the date of appointment to the board. Two members of the board must be laypersons. Each board member must be a high school graduate or must have received a graduate equivalency diploma. Each board member must be a citizen of the United States and a resident of this state for not less than 5 years.

 

Members of the Board

 

 

 

 

 

Lydia Nixon,vLMT Chair
Pensacola, FL
Term Ends: 10/31/2017

 

 

Jennifer Wasylyna, LMT
Wesley Chapel, FL
Term Ends: 10/31/2017

 

 

Sharon Phillips, LMT, AP, DOM
Winter Haven, FL
Term Ends: 10/31/2017

 

Christopher Brooks, LMT
Ormond Beach, FL
Term Ends: 10/31/2019

 

Victoria Drago , LMT
Tampa, FL
Term Ends: 10/31/2017

 

 

Robyn Dohn Havard Consumer
Gulf Breeze, FL
Term Ends: 10/31/2017

 

 

Vacant

 

 

Organizational Structure of the Board

 

 

The Department of Health, Division of Medical Quality Assurance serves as the principle administrative support unit for the board. The board is supported by a full-time professional staff based in Tallahassee, and its regulatory functions are funded in full by fees paid by its licensees. Board members are appointed by the Governor and subject to confirmation by the Senate. All board members serve four-year terms. Despite the expiration of their term, board members can continue to serve until they have been replaced. To learn more about becoming a member of the board, visit the Governor’s Appointments Office website or email appointments@eog.myflorida.com.

 

 

Board Staff

 

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Claudia Kemp
Executive Director
Responsibilities: Coordination of Budget; Analyzes & Tracks Legislation; Liaison with Federation of State Massage Therapy Boards; Interaction with Board Members; Chief Administrative Officer
Alexandra Alday
Program Operations Administrator
Responsibilities: Board Agenda and Meeting Preparation, Policy Issues, Massage School Liaison, and Association/Organization Liaison

Email Board Staff

Vacant
Regulatory Supervisor/ Consultant
Responsibilities: Oversees the Massage Licensure Processing Team, Massage School Approval, and Board Meeting Preparation.

Email Board Staff

Gerry Nielsen
Regulatory Specialist II
Responsibilities: Agenda Preparation, CE Provider Approval, and Applications with Criminal, Disciplinary, or Health History.

Email Board Staff

Michaelynn Smith
Regulatory Specialist I
Responsibilities: Massage Therapist Applications, Massage Establishment Applications, and Apprentice Applications

Email Board Staff

Katrina Hopkins
Regulatory Specialist I
Responsibilities: Massage Therapist Applications, Massage Establishment Applications, and Apprentice Applications

Email Board Staff

Sophie Amoroso
Regulatory Specialist I
Responsibilities: Massage Therapist Applications, Massage Establishment Applications, and Apprentice Applications

Email Board Staff

 

Legal Counsel

 

Lee Ann Gustafson
Senior Assistant Attorney General

 

 

 

Contact Information

Customer Contact Center
Monday – Friday
8:00 a.m. to 6:00 p.m. ET
(850) 488-0595

Board Office
8:00 a.m. to 5:00 p.m. ET
(850) 245-4161
FAX: 850-412-2681

MAILING ADDRESS:

Department of Health
Board of Massage Therapy
4052 Bald Cypress Way
Bin C-06
Tallahassee, FL 32399-3257

APPLICATIONS and FEES ONLY:

Department of Health
Board of Massage Therapy
P.O. Box 6330
Tallahassee, FL 32314-6330

 


Florida Board of Massage Therapy

Copyright © 2016. Florida Department of Health

Page Modified: June 30, 2014 at 12:55 pm

Disclaimer | Email Advisory | Privacy Statement
 

 


 

 

Final Test

Name__________________________________________ Date_____________________

MA# _____________________________________

Addess ______________________________________________________________

Telephone ___________________________________________________________

Email _______________________________________________________________

 

Test Questions

Please the correct answer to the questions below. You must earn a 70% or higher in order to receive your credits. You may have one retake for free if you did not pass on the first try.

Submit your answers via email to FrancineMilford@cs.com like (1. A, 2. B, etc.) - or you can send a written copy of your answers by mail to Francine Milford, P.O. Box 554, Venice, FL. 34285.

 

1.      The Florida Legislature recognizes that the practice of massage is potentially:

a.      Safe and effective to the public

b.      Safe for adults, but not for children and pets

c.       Dangerous to the public

d.      Dangerous to pets

 

2.      The Florida legistlature believes that massage therapists should have knowledge of anatomy and physiology and and understanding of:

a.      Therapeutic techniques

b.      Decorating their massage rooms

c.       Promoting their services

d.      The relationship between structure and the function of the tissues being treated.

 

3.      The term ‘licensure’ means:

a.      The procedure by which a practitioner applies to the board for approval to practice massage or to operate an establishment.

b.      Ability to display your diploma at your office

c.       Ability to pay taxes

d.      That it is illegal to operate a massage establishment

 

4.      The Board of Massage Therapy consists of how many members?

a.      5

b.      6

c.       7

d.      8

 

5.      Of the total number of members listed above, how many of them are lay persons?

a.      1

b.      2

c.       3

d.      4

 

6.      The Board shall prescribe education requirements for renewal of biennial licensure which shall include continuing education requirements not to exceed hour many classroom hours?

a.      20

b.      24

c.       26

d.      30

 

7.      Accordingly, massage therapist initiual licensure fee should not exceed:

a.      $100

b.      $125

c.       $150

d.      $200

 

8.      The vision for the Florida Board of Massage Therapy is:

a.      To protect the health of the public

b.      A healthier future for the people of Florida

c.       To be the nation’s leader in quality health care regulation

d.      To promote the health of the public

 

9.      It is unlawful for any person to:

a.      Practice massage unless duly licensed

b.      Practice massage in ordinary street clothes

c.       Practice massage on your family

d.      Operate a duly licensed massage establishment

 

10.  The massage therapist-patient relationship is founded on:

a.      Friendship and mutual relationships

b.      The exchange of money for services rendered

c.       Mutual trust

d.      Sexual misconduct

 

 

 

 

 

 

 

 

 

 

 

The Florida Law and Rules Test

 

Test Questions Please the correct answer to the questions below.

Submit answers via mail to Francine Milford, P.O. Box 554, Venice, FL. 34285. 

 

1.      The Florida Legislature recognizes that the practice of massage is potentially:

     a.      Safe and effective to the public

     b.      Safe for adults, but not for children and pets

     c.       Dangerous to the public

     d.      Dangerous to pets

 

2.      The Florida legislature believes that massage therapists should have knowledge of anatomy and physiology and understanding of:

     a.      Therapeutic techniques

     b.      Decorating their massage rooms

     c.       Promoting their services

     d.      The relationship between structure and the function of the tissues being treated.

 

 

3.      The term ‘licensure’ means:

     a.      The procedure by which a practitioner applies to the board for approval to practice massage or to operate an establishment.

     b.      Ability to display your diploma at your office

     c.       Ability to pay taxes

     d.      That it is illegal to operate a massage establishment    

 

4.      The Board of Massage Therapy consists of how many members?

     a.      5 b.      6 c.       7 d.      8

 

5.      Of the total number of members listed above, how many of them are lay persons?

     a.      1 b.      2 c.       3 d.      4

 

6.      The Board shall prescribe education requirements for renewal of biennial licensure which shall include continuing education requirements not to exceed hour many classroom hours?

     a.      20 b.      25 c.       26 d.      30

 

7.      Accordingly, massage therapist initiual licensure fee should not exceed:

     a.      100 b.      125 c.       150 d.      200   

 

8.      The vision for the Florida Board of Massage Therapy is:

     a.      To protect the health of the public

     b.      A healthier future for the people of Florida

     c.       To be the nation’s leader in quality health care regulation

     d.      To promote the health of the public

 

9.      It is unlawful for any person to:

     a.      Practice massage unless duly licensed 4

     b.      Practice massage in ordinary street clothes

     c.       Practice massage on your family

     d.      Operate a duly licensed massage establishment

 

10.  The massage therapist-patient relationship is founded on:

     a.      Friendship and mutual relationships

     b.      The exchange of money for services rendered

     c.       Mutual trust

     d.      Sexual misconduct    

 

Cost of Course: $10 plus $1 processing fee. $11 total cost for course and 2 ce's.

Cost of Course

Cost of Course: $10 plus $1 processing fee.

$11 total cost for course and 2 ce's.

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