480.031 – Short Title.
480.031 Short title.—This act may be cited as the “Massage Therapy Practice Act.” History.—s. 1, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 2, ch. 2021-143.
480.031 Short title.—This act may be cited as the “Massage Therapy Practice Act.” History.—s. 1, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 2, ch. 2021-143.
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 body. Massage therapy is a […]
480.033 Definitions.—As used in this act: (1) “Apprentice” means a person approved by the board to study colonic irrigation under the instruction of a licensed massage therapist practicing colonic irrigation. (2) “Board” means the Board of Massage Therapy. (3) “Board-approved massage therapy school” means a facility that meets minimum standards for training and curriculum as determined by rule of […]
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 […]
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 […]
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 […]
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 therapy school that meets standards adopted by […]
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 […]
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 […]
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 […]
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 against, including the denial […]
480.0465 Advertisement.—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 a newspaper, airwave transmission, telephone directory, or other advertising medium. Pending licensure of a new massage establishment under s. 480.043(7), the license number of a licensed massage therapist who […]
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 provided herein, except that nothing herein […]
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, […]
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 […]
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 […]
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 […]
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 therapy therein must immediately present, upon the request of an investigator […]