TITLE XXXII: REGULATION OF PROFESSIONS AND OCCUPATIONS CHAPTER 480 MASSAGE PRACTICE
480.031—Short Title This act may be cited as the “Massage Therapy Practice Act.” 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 therapeutic health care practice, and regulations are necessary to protect the public from unqualified practitioners. It is therefore deemed necessary in the interest of public health, safety, and welfare to regulate the practice 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 the board and that is licensed by the Department of Education pursuant to chapter 1005 or the equivalent licensing authority of another state or is within the public school system of this state or a college or university that is eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program. (4) “Colonic irrigation” means a method of hydrotherapy used to cleanse the colon with the aid of a mechanical device and water. (5) “Department” means the Department of Health. (6) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment. (7) “Establishment” or “massage establishment” means a site or premises, or portion thereof, wherein a massage therapist practices massage therapy. (8) “Establishment owner” means a person who has ownership interest in a massage establishment. The term includes an individual who holds a massage 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. 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 practice of massage therapy for not less than 5 consecutive
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.
of massage therapy in the state; however, restrictions shall be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters shall be afforded the public through legal remedies provided for in this act. History.—s. 2, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 49, ch. 89-374; s. 4, ch. 91-429; s. 3, ch. 2021-143. establishment license, a general partner of a partnership, an owner or officer of a corporation, and a member of a limited liability company and its subsidiaries who holds a massage establishment license. (9) “Licensure” means the procedure by which a person, hereinafter referred to as a “practitioner,” applies to the board for approval to practice massage therapy or to operate an establishment. (10) “Massage therapist” means a person licensed as required by this act, who performs massage therapy, including massage therapy assessment, for compensation. (11) “Massage therapy” means the manipulation of the soft tissues of the human body with the hand, foot, knee, arm, or elbow, regardless of whether such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. (12) “Massage therapy assessment” means the determination of the course of massage therapy treatment. History.—s. 3, ch. 78-436; ss. 13, 15, 25, 30, 34, 50, 62, ch. 80-406; s. 2, ch. 81-318; s. 76, ch. 83-329; ss. 1, 12, 13, ch. 85-280; s. 50, ch. 89-374; s. 4, ch. 91-429; s. 169, ch. 94-218; s. 67, ch. 95-144; s. 149, ch. 97-264; s. 116, ch. 2001-277; s. 1025, ch. 2002-387; s. 1, ch. 2013-212; s. 25, ch. 2018-4; s. 85, ch. 2019-3; s. 3, ch. 2019-152; s. 37, ch. 2020-133; s. 4, ch. 2021-143; s. 49, ch. 2022-4. (3) The state and its political subdivisions are exempt from the registration requirements of this act. (4) An exemption granted is effective to the extent that an exempted person’s practice or profession overlaps with the practice of massage therapy. History.—s. 4, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 1, ch. 87- 267; s. 4, ch. 91-429; s. 150, ch. 97-264; s. 8, ch. 2021-143. years prior to the date of appointment to the board. The Governor shall appoint each member for a term of 4 years. Two members of the board shall be laypersons. Each board member shall be a high school graduate or shall have received a high school equivalency diploma. Each board member shall be a citizen of the United States and a resident of this state for not less than 5
Page 67
Book Code: MFL1225
EliteLearning.com/Massage-Therapy
Powered by FlippingBook