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Posted by Jim True on December 4, 2006 1:09 PM. Last Updated December 4, 2006 2:05 PM

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MBP101: Florida Laws & Rules for Massage Therapists

Laws & Rules Governing Massage Practice

• Law: Chapter 480, The Massage Practice Act
• Rules: Chapter 64 B-7, the Rules Governing Massage Practice

Purpose of the Law

To Protect the Public against an Unqualified practitionerof massage. Protection also includes monetary damages

Definition of Massage

Manipulation of the soft tissues of the human body with the hand, foot, arm or elbow (further includes whether or not manipulation can be aided by hydrotherapy, including colonic irrigation, thermal therapy also using electrical or mechanical devices and application of chemical or herbal preparation

Definition of a Massage Therapist

A Massage therapist is a person licensed to administer massage for compensation (in exchange for anything of value).

Requirements to be a Massage Therapist

• Be at least 18 years of age OR have a high school diploma or GED
• Complete a course of study at a board approved school OR an apprenticeship program
• Pass a board approved examination
• Receive a license to practice from the Board of Massage

Three Ways to Become a Massage Therapist

1. Attend a Board Certified School: 500 Hours MINIMUM for State of Florida, including 2 Hours of Medical Errors, 2 Hours of Florida Law, 2 Hours of Ethics and a Florida Approved HIV/AIDS Course.
2. Apprentice under a Licensed Massage Therapist for 1500 Clock Hours for a period not less than 1 year and not longer than 2 years (originally this was used to assist those people who were geographically isolated)
3. Endorsement from Board of Massage for those who have a license from another state and have met a requisite number of hours, and passed a state examination.

Massage Practitioners EXEMPT from the Law

• Athletic Trainers employed on behalf of a professional team performing or training within the state
• State and Political Subdivisions (State Hospitals, military bases, state buildings)
• Person's profession overlaps with the practice of massage (chiropractor, doctor, physical therapist)

Board of Massage Therapy

• Overseen by the Department of Health(DOH)
• Issue Licenses to Board Approved Massage Therapists
• Collect Money
• Investigate complaints
• Probable Cause Hearing: After investigator is sent out from DOH to investigate a complaint, if he feels there is enough evidence to justify a hearing.
• Closed Hearing
• 2 Representatives from DOH and 2 from Board of Massage (BOM)
• Review evidence and vote for a disciplinary hearing; must arrive at 3-1 vote or not Disciplinary action
• If a disciplinary Hearing is called for, the 2 BOM members cannot discuss the case with the other Board members or vote on a ruling
• Complaints against a Massage Therapist are filed with the Department of Health
• Board of Massage (BOM)
• Appointed by the Governor of the State and approved by the Senate
• 5 LMT's and 2 Laypersons
• Must be a resident of the State of Florida for 5 Years, Citizen of the US for 5 Years and Have an Active massage License for 5 Years
• May serve for 2 terms (partial or full) of 4 years each.
• Rule over Disciplinary Hearings
• OPEN Hearing
• you can represent yourself, bring a lawyer &/or witnesses
• Board determines Fine & Disciplinary Action (fine, suspend license, revoke license, or add a blackmark to your record)
• Complaints with the Board are filed with the Governor's Office

License Renewal

• Licenses are issued on a biennial basis (every two years) for renewal on August 31st of the next Odd Year
• Require CEU's (Continuing Education Units) to equal 1 for every month you've been practicing up to and including the month of renewal to a maximum of 24 Hours of CEU's, including 2 Law, 2 Ethics, 2 Medical Errors and a Board Approved HIV Course
• The first Renewal after the initial license, only required a 2 hour Medical Errors and Board Approved HIV Course
• If Course is Correspondence, DVD, or Computer, must have a test; physical classes don't require tests
• Retain records of your CEU's for FOUR Years

Licenses Issues by the State

• State Massage Practitioner License: Allows you to practice massage in the state. Will also more than likely need a city or county occupational license
• Can go inactive on renewal for up to TWO Bienniums (4 years), but to go active again will need to provide proof of however many years you went inactive CEU's.
• Establishment License: If the client comes to YOU, you must have an establishment license; if you go to the client, no establishment license necessary.
• Establishment must be INSPECTED by DOH
• Licenses prominently displayed near the entrance so the public and inspector can see.
• Unless in a mall, hotel or arcade, separate bathroom for clients within 25 feet of practice; if in a mall, hotel or arcade, within 300 ft.
• Open for Inspection during BUSINESS hours, M-F, 9-5PM.
• Externination provisions required
• Garbage Collection Required
• Running water required; Shower for Clients required if Sauna, Whirlpool or Steam is used.
• Proof of Insurance: Property Damage and Bodily Injury Liability
• required to have a Sufficient Supply of Drapes and explain draping to the client and receive Informed Written Consent from the client to waive draping which remains in their client records
• If you change ownership of Establishment or change it's name requires a new license to be issued; if you MOVE locations, a new Inspection is required
• Inspector's who find an establishment out of compliance issue a citation (a ticket); you have 30 days to bring the establishment back into compliance and ask the inspector to re-inspect.

Sexual Activity/Misconduct

• Prohibited; just say no.
• Therapist - Patient relationship based on mutual trust.
• Cannot date a client until after 2 years of last treatment

Colonic Training

• Massage Law includes Colonics
• Must have 500 hours for massage therapist and an additional 100 clock hours including 45 practical hours for colonic training

Advertising Guidelines

Must include your Massage License and Establishment License on ANY advertisement for your services, whether that be brochures, business cards or any media.

Disclaimer: These are MY notes taken from classroom lectures while I'm in the classroom. While I'm perfectly happy to share my notes with my classmates and I know I take very good notes, you should still make every effort to attend the class and TAKE YOUR OWN NOTES. I will not transcribe everything the instructor says in the classroom, and I will NEVER post pre-exam reviews. My notes will not replace the value of actually attending class and taking your own class notes.I also cannot attest to their accuracy, other than they are what was provided in the lecture; you should not reference my notes as "expert opionion" by any means, and if you notice an error or omission, please do me the favor of e-mailing me with the correction and I will re-post my notes. End of Disclaimer.