MASSAGE THERAPY LEGISLATIVE UPDATES

The 2013 legislative session passed the House Bill 7005 that includes a significant change to massage establishment regulation.
The language becomes effective October 1st, 2013

If you want to read the full text please visit this page online

Here is a brief summary:

1. Massage establishments should not be open from 12 a.m. to 5 a.m. - Exceptions: hotels and medical facilities or establishments under the direction of a physician, registered nurse practitioner or dentist.

2. Advertising: New grounds for discipline are established for any advertisement that induces or attempt to induce, engages or attempt to engage in clients' unlawful sexual misconduct

3. New criminal penalties for violating the above were also established.

FSMTA Legislative Update
Monday, March 19, 2012

Continuing Education: HB 4163 Hudson/SB 1258 Benacquisto - AIDS IS NO LONGER A REQUIREMENT FOR MASSAGE THERAPY LICENSE RENEWAL!

What does this bill do? This bill deletes the requirement for massage therapist or an athletic trainer to complete a continuing educational course for HIV and AIDS as part of the continuing education licensure renewal.

When is this effective? This bill goes into effect July 1, 2012.

Health Care Fraud: HB 653 Cruz/SB 208 Joyner

What does this bill do? The Board of Massage Therapy (BOMT) can now make individual considerations on those applicants that were convicted of certain felonies.

Background: In the 2009 Legislative Session, Healthcare Fraud laws were enacted that affected the ability to obtain or renew healthcare licenses. Effective July 1, 2009, Section 456.0635, Florida Statutes, required health care boards or the Department to refuse renewal of a license, certificate or registration, refuse to issue a license, certificate or registration, or admit a candidate for examination, if the applicant had certain conditions.

When is this effective? This bill goes into effect July 1, 2012.

PIP: HB 119 Representative Boyd/ SB 1860 Senator Negron

FSMTA along with the Chiropractors, Florida Justice Association, Chiropractor referral services and others, fought until the last night to try and defeat this bill. The vote that was actually the key vote was a vote on the Senate side to concur with the House bill. However, that vote was lost on a 19 to 21 vote. We needed a vote of 20 -20 to kill this motion. So we lost by one vote.

The pressure applied by the Governor's office in this last vote was intense as Governor Scott met one on one with almost all of the Senate and the budget was held up in the House waiting for the final vote to be taken on the Senate side.

Of course of the most interest to FSMTA is the following language:
Medical benefits do not include massage as defined in s. 480.033 or acupuncture as defined in s. 457.102, regardless of the person, entity, or licensee providing massage or acupuncture and a licensed massage therapist or licensed acupuncturist may not be reimbursed for medical benefits under this section.

During the session FSMTA tried several times to get massage put back into the coverage as outlined in SB 1860. Amendments were offered in committee by Senator Bennett, (where he was successful in amending a strike all amendment with our language this whole strike all was then withdrawn) On the floor amendments were filed by Senator Bennett, Senator Bogdanoff and Senator Jones. Where we were once again successful in one of the amendments being put on, which at the urging of the Governor's office was later withdrawn and not readopted.

When is this effective? This bill goes into effect January 1, 2013.

To read more about these bills, please CLICK HERE

64B7-28.008 Display of Licenses.

(1) Each licensed practitioner shall conspicuously display a current license issued by the Department, or photo copy thereof, at each location at which he or she practices.

(a) Effective on August 1, 2012, for each initial 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.

(b) Effective on September 1, 2013, the licensee 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.

(2) Each apprentice shall conspicuously display his or her apprentice certificate issued by the Board office, in the establishment for which it has been issued. Effective on August 1, 2012, 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.

(3) The owner of each massage establishment shall conspicuously display a current establishment license issued by the Department on the premises.

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