the department, upon probable cause, may compel a massage therapist to submit to a mental or physical examination by physicians designated by the department. Failure of a massage therapist to submit to such examination when so directed, unless the failure was due to circumstances beyond her or his control, constitutes an admission of the allegations against her or him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A massage therapist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of massage therapy with reasonable skill and safety to clients. (i) Gross or repeated malpractice or the failure to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances. (j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform. (k) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform. (l) Violating a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department. (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, 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 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.
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 (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. History.—s. 15, ch. 78-436; s. 2, ch. 81-318; s. 78, ch. 83-329; ss. 8, 12, 13, ch. 85-280; s. 1, ch. 88-233; s. 56, ch. 89-374; s. 4, ch. 91-429; s. 413, ch. 97-103; s. 45, ch. 2001-277; s. 21, ch. 2005-240; s. 2, ch. 2013-212; s. 5, ch. 2019-152; s. 121, ch. 2020-2; s. 12, ch. 2021-143. 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. History.—ss. 9, 13, ch. 85-280; s. 2, ch. 88-233; s. 57, ch. 89-374; s. 4, ch. 91-429; s. 5, ch. 2014-139; s. 13, ch. 2021-143. contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07 . (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.
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Book Code: MFL1225
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