Fla. Stat. § 480.031
Short title
This act may be cited as the “Massage Therapy Practice Act.”
Florida Statutes Chapter 480 — MASSAGE THERAPY PRACTICE
Florida · statute · Fla. Stat. ch. 480 · 19 active provisions
Provisions
Fla. Stat. § 480.032
Purpose
The Legislature recognizes that the practice of massage therapy 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 bod…
Fla. Stat. § 480.033
Definitions
As used in this act:(1) “Advertising medium” means any newspaper; airwave or computer transmission; telephone directory listing, other than an in-column listing consisting only of a name, physical address, and telephone number; business card; handbill; flyer; sign, other than a building directory listing all building t…
Fla. Stat. § 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 stat…
Fla. Stat. § 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…
Fla. Stat. § 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 appr…
Fla. Stat. § 480.039
Investigative services
The department shall provide all investigative services required in carrying out the provisions of this act.
Fla. Stat. § 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 therapy school that meets standards adopted by the board; and(c) Ha…
Fla. Stat. § 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…
Fla. Stat. § 480.043
Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies
(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) An establishment owner shall comply with the background screening requirements under s. 456.0135. However, if a corporation submits proof of having more than $250,000 of…
Fla. Stat. § 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) Biennia…
Fla. Stat. § 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 therapy by bribery or fraudulent misrepresentation.(b) Having a license to practice massage therapy revoked, suspended, or otherwise acted again…
Fla. Stat. § 480.0465
Advertisement; prohibitions
(1) Each massage therapist or massage establishment licensed under this act shall include the number of the license in any advertisement of massage therapy services appearing in any advertising medium, including, but not limited to, newspaper, airwave transmission, telephone directory, Internet, or other advertising me…
Fla. Stat. § 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 therapy 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 provide…
Fla. Stat. § 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 i…
Fla. Stat. § 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 attem…
Fla. Stat. § 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 departm…
Fla. Stat. § 480.052
Power of county or municipality to regulate massage therapy
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 reg…
Fla. Stat. § 480.0535
Documents required while working in a massage establishment; penalties; reporting
(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, an employee and any person performing massage therapy in a massage establishment must immediately present, upon the request of an investigator of the…