(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 therapy at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by board rule, may provide massage therapy 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 revoke or suspend the license of a massage establishment licensed under this act, or deny subsequent licensure of such an establishment, if any of the following occurs: (a) The license has been obtained by fraud or misrepresentation. (b) The holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of a massage establishment. (c) The establishment owner, the designated establishment manager, or any individual providing massage therapy services for the establishment has had the entry in any jurisdiction of: 1. A final order or other disciplinary action taken for sexual misconduct involving prostitution; 2. A final order or other disciplinary action taken for crimes related to the practice of massage therapy involving prostitution; or 3. A conviction or a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07. (4) The establishment owner who has been the subject of disciplinary action under subsection (3) may not reapply for an establishment license and may not transfer such license pursuant to s. 480.043. (5) A designated establishment manager who has been the subject of disciplinary action under section (3) may not reapply for a license. (6) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120. 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 is an owner or principal officer of the establishment may be used in lieu of the license number for the establishment. 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 shall be construed to prevent the teaching of massage therapy in this state at a board-approved massage therapy school. (c) Permit an employed person to practice massage therapy 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. 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 practice registered nurse 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. 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
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Book Code: MFL1227
EliteLearning.com/Massage-Therapy
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