Bill Text: FL S0352 | 2021 | Regular Session | Comm Sub
Bill Title: Massage Therapy
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see HB 245 (Ch. 2021-143) [S0352 Detail]
Download: Florida-2021-S0352-Comm_Sub.html
Florida Senate - 2021 CS for SB 352 By the Committee on Health Policy; and Senator Rodriguez 588-01986-21 2021352c1 1 A bill to be entitled 2 An act relating to massage therapy; renaming ch. 480, 3 F.S., as “Massage Therapy Practice”; amending s. 4 480.031, F.S.; revising a short title; amending s. 5 480.032, F.S.; revising the purpose of ch. 480, F.S.; 6 reordering and amending s. 480.033, F.S.; revising and 7 defining terms; amending ss. 477.013, 477.0135, 8 477.0265, 480.034, 480.035, 480.041, 480.043, 480.046, 9 480.0465, 480.047, 480.052, 480.0535, 627.6407, 10 627.6619, 627.736, 641.31, and 823.05, F.S.; 11 conforming provisions to changes made by the act; 12 making technical changes; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Chapter 480, Florida Statutes, entitled “Massage 17 Practice,” is renamed “Massage Therapy Practice.” 18 Section 2. Section 480.031, Florida Statutes, is amended to 19 read: 20 480.031 Short title.—This actshall be known andmay be 21 cited as the “Massage Therapy Practice Act.” 22 Section 3. Section 480.032, Florida Statutes, is amended to 23 read: 24 480.032 Purpose.—The Legislature recognizes that the 25 unregulated practice of massage therapy poses a dangeris26potentially dangerousto the public in that massage therapists 27 must have a knowledge of anatomy and physiology and an 28 understanding of the relationship between the structure and the 29 function of the tissues being treated and the total function of 30 the body. Massage therapy is a therapeutic health care practice, 31 and regulations are necessary to protect the public from 32 unqualified practitioners. It is therefore deemed necessary in 33 the interest of public health, safety, and welfare to regulate 34 the practice of massage therapy in this state and, therefore;35however, restrictions mustshallbe imposed to the extent 36 necessary to protect the public from significant and discernible 37 danger to healthand yet notinsucha manner that does not 38which willunreasonably affect the competitive market. Further, 39 consumer protection for both health and economic matters must 40shallbe afforded the public through legal remedies provided for 41 in this act. 42 Section 4. Section 480.033, Florida Statutes, is reordered 43 and amended to read: 44 480.033 Definitions.—As used in this act: 45 (2)(1)“Board” means the Board of Massage Therapy. 46 (5)(2)“Department” means the Department of Health. 47 (11)(3)“Massage therapy” means the manipulation of the 48 soft tissues of the human body with the hand, foot, knee, arm, 49 or elbow, regardless of whetheror notsuch manipulation is 50 aided by hydrotherapy, including colonic irrigation, or thermal 51 therapy; any electrical or mechanical device; or the application 52 to the human body of a chemical or herbal preparation. 53 (10)(4)“Massage therapist” means a person licensed as 54 required by this act,who performsadministersmassage therapy, 55 including massage therapy assessment, for compensation. 56 (1)(5)“Apprentice” means a person approved by the board to 57 study colonic irrigation under the instruction of a licensed 58 massage therapist practicing colonic irrigation. 59 (4)(6)“Colonic irrigation” means a method of hydrotherapy 60 used to cleanse the colon with the aid of a mechanical device 61 and water. 62 (7) “Establishment” or “massage establishment” means a site 63 or premises, or portion thereof, wherein a massage therapist 64 practices massage therapy. 65 (9)(8)“Licensure” means the procedure by which a person, 66 hereinafter referred to as a “practitioner,” applies to the 67 board for approval to practice massage therapy or to operate an 68 establishment. 69 (3)(9)“Board-approved massage therapy school” means a 70 facility that meets minimum standards for training and 71 curriculum as determined by rule of the board and that is 72 licensed by the Department of Education pursuant to chapter 1005 73 or the equivalent licensing authority of another state or is 74 within the public school system of this state or a college or 75 university that is eligible to participate in the William L. 76 Boyd, IV, Effective Access to Student Education Grant Program. 77 (8)(10)“Establishment owner” means a person who has 78 ownership interest in a massage establishment. The term includes 79 an individual who holds a massage establishment license, a 80 general partner of a partnership, an owner or officer of a 81 corporation, and a member of a limited liability company and its 82 subsidiaries who holds a massage establishment license. 83 (6)(11)“Designated establishment manager” means a massage 84 therapist who holds a clear and active license without 85 restriction, who is responsible for the operation of a massage 86 establishment in accordance with the provisions of this chapter, 87 and who is designated the manager by the rules or practices at 88 the establishment. 89 (12) “Massage therapy assessment” means the determination 90 of the course of massage therapy treatment. 91 Section 5. Subsection (13) of section 477.013, Florida 92 Statutes, is amended to read: 93 477.013 Definitions.—As used in this chapter: 94 (13) “Skin care services” means the treatment of the skin 95 of the body, other than the head, face, and scalp, by the use of 96 a sponge, brush, cloth, or similar device to apply or remove a 97 chemical preparation or other substance, except that chemical 98 peels may be removed by peeling an applied preparation from the 99 skin by hand. Skin care services must be performed by a licensed 100 cosmetologist or facial specialist within a licensed cosmetology 101 or specialty salon, and such services may not involve massage 102 therapy, as defined in s. 480.033s. 480.033(3), through 103 manipulation of the superficial tissue. 104 Section 6. Paragraph (a) of subsection (1) of section 105 477.0135, Florida Statutes, is amended to read: 106 477.0135 Exemptions.— 107 (1) This chapter does not apply to the following persons 108 when practicing pursuant to their professional or occupational 109 responsibilities and duties: 110 (a) Persons authorized under the laws of this state to 111 practice medicine, surgery, osteopathic medicine, chiropractic 112 medicine, massage therapy, naturopathy, or podiatric medicine. 113 Section 7. Paragraph (f) of subsection (1) of section 114 477.0265, Florida Statutes, is amended to read: 115 477.0265 Prohibited acts.— 116 (1) It is unlawful for any person to: 117 (f) Advertise or imply that skin care services, as 118 performed under this chapter, have any relationship to the 119 practice of massage therapy as defined in s. 480.033s.120480.033(3), except those practices or activities defined in s. 121 477.013. 122 Section 8. Subsection (4) of section 480.034, Florida 123 Statutes, is amended to read: 124 480.034 Exemptions.— 125 (4) An exemption granted is effective to the extent that an 126 exempted person’s practice or profession overlaps with the 127 practice of massage therapy. 128 Section 9. Subsection (2) of section 480.035, Florida 129 Statutes, is amended to read: 130 480.035 Board of Massage Therapy.— 131 (2) Five members of the board shall be licensed massage 132 therapists and shall have been engaged in the practice of 133 massage therapy for not less than 5 consecutive years prior to 134 the date of appointment to the board. The Governor shall appoint 135 each member for a term of 4 years. Two members of the board 136 shall be laypersons. Each board member shall be a high school 137 graduate or shall have received a high school equivalency 138 diploma. Each board member shall be a citizen of the United 139 States and a resident of this state for not less than 5 years. 140 The appointments arewill besubject to confirmation by the 141 Senate. 142 Section 10. Subsections (1) and (4) and paragraph (b) of 143 subsection (5) of section 480.041, Florida Statutes, are amended 144 to read: 145 480.041 Massage therapists; qualifications; licensure; 146 endorsement.— 147 (1) Any person is qualified for licensure as a massage 148 therapist under this act who meets all of the following 149 requirements: 150 (a) Is at least 18 years of age or has received a high 151 school diploma or high school equivalency diploma.;152 (b) Has completed a course of study at a board-approved 153 massage therapy school that meets standards adopted by the 154 board.; and155 (c) Has received a passing grade on a national examination 156 designated by the board. 157 (4) Upon an applicant’s passing the examination and paying 158 the initial licensure fee, the department shall issue to the 159 applicant a license, valid until the next scheduled renewal 160 date, to practice massage therapy. 161 (5) The board shall adopt rules: 162 (b) Providing for educational standards, examination, and 163 certification for the practice of colonic irrigation, as defined 164 in s. 480.033s. 480.033(6), by massage therapists. 165 Section 11. Subsection (14) of section 480.043, Florida 166 Statutes, is amended to read: 167 480.043 Massage establishments; requisites; licensure; 168 inspection; human trafficking awareness training and policies.— 169 (14) Except for the requirements of subsection (13), this 170 section does not apply to a physician licensed under chapter 171 457, chapter 458, chapter 459, or chapter 460 who employs a 172 licensed massage therapist to perform massage therapy on the 173 physician’s patients at the physician’s place of practice. This 174 subsection does not restrict investigations by the department 175 for violations of chapter 456 or this chapter. 176 Section 12. Paragraphs (a), (b), (c), (f) through (i), and 177 (o) of subsection (1) of section 480.046, Florida Statutes, are 178 amended to read: 179 480.046 Grounds for disciplinary action by the board.— 180 (1) The following acts constitute grounds for denial of a 181 license or disciplinary action, as specified in s. 456.072(2): 182 (a) Attempting to procure a license to practice massage 183 therapy by bribery or fraudulent misrepresentation. 184 (b) Having a license to practice massage therapy revoked, 185 suspended, or otherwise acted against, including the denial of 186 licensure, by the licensing authority of another state, 187 territory, or country. 188 (c) Being convicted or found guilty, regardless of 189 adjudication, of a crime in any jurisdiction which directly 190 relates to the practice of massage therapy or to the ability to 191 practice massage therapy. Any plea of nolo contendere shall be 192 considered a conviction for purposes of this chapter. 193 (f) Aiding, assisting, procuring, or advising any 194 unlicensed person to practice massage therapy contrary tothe195provisions ofthis chapter or to department or boardaruleof196the department or the board. 197 (g) Making deceptive, untrue, or fraudulent representations 198 in the practice of massage therapy. 199 (h) Being unable to practice massage therapy with 200 reasonable skill and safety by reason of illness or use of 201 alcohol, drugs, narcotics, chemicals, or any other type of 202 material or as a result of any mental or physical condition. In 203 enforcing this paragraph, the departmentshall have, upon 204 probable cause, mayauthority tocompel a massage therapist to 205 submit to a mental or physical examination by physicians 206 designated by the department. Failure of a massage therapist to 207 submit to such examination when so directed, unless the failure 208 was due to circumstances beyond her or his control, constitutes 209shall constitutean admission of the allegations against her or 210 him, consequent upon which a default and final order may be 211 entered without the taking of testimony or presentation of 212 evidence. A massage therapist affected under this paragraph 213 shall at reasonable intervals be afforded an opportunity to 214 demonstrate that she or he can resume the competent practice of 215 massage therapy with reasonable skill and safety to clients. 216 (i) Gross or repeated malpractice or the failure to 217 practice massage therapy with that level of care, skill, and 218 treatment which is recognized by a reasonably prudent massage 219 therapist as being acceptable under similar conditions and 220 circumstances. 221 (o) Practicing massage therapy at a site, location, or 222 place which is not duly licensed as a massage establishment, 223 except that a massage therapist, as provided byrules adopted by224theboard rule, may provide massage therapy services, excluding 225 colonic irrigation, at the residence of a client, at the office 226 of the client, at a sports event, at a convention, or at a trade 227 show. 228 Section 13. Section 480.0465, Florida Statutes, is amended 229 to read: 230 480.0465 Advertisement.—Each massage therapist or massage 231 establishment licensed underthe provisions ofthis act shall 232 include the number of the license in any advertisement of 233 massage therapy services appearing in a newspaper, airwave 234 transmission, telephone directory, or other advertising medium. 235 Pending licensure of a new massage establishment pursuant tothe236provisions ofs. 480.043(7), the license number of a licensed 237 massage therapist who is an owner or principal officer of the 238 establishment may be used in lieu of the license number for the 239 establishment. 240 Section 14. Paragraphs (a), (b), and (c) of subsection (1) 241 of section 480.047, Florida Statutes, are amended to read: 242 480.047 Penalties.— 243 (1) It is unlawful for any person to: 244 (a) Hold himself or herself out as a massage therapist or 245 to practice massage therapy unless duly licensed under this 246 chapter or unless otherwise specifically exempted from licensure 247 under this chapter. 248 (b) Operate any massage establishment unless it has been 249 duly licensed as provided herein, except that nothing herein 250 shall be construed to prevent the teaching of massage therapy in 251 this state at a board-approved massage therapy school. 252 (c) Permit an employed person to practice massage therapy 253 unless duly licensed as provided herein. 254 Section 15. Section 480.052, Florida Statutes, is amended 255 to read: 256 480.052 Power of county or municipality to regulate massage 257 therapy.—A county or municipality, within its jurisdiction, may 258 regulate persons and establishments licensed under this chapter. 259 Such regulation mayshallnot exceed the powers of the state 260 under this act or be inconsistent with this act. This section 261 mayshallnot be construed to prohibit a county or municipality 262 from enacting any regulation of persons or establishments not 263 licensed pursuant to this act. 264 Section 16. Subsections (1) and (2) of section 480.0535, 265 Florida Statutes, are amended to read: 266 480.0535 Documents required while working in a massage 267 establishment.— 268 (1) In order to provide the department and law enforcement 269 agencies the means to more effectively identify, investigate, 270 and arrest persons engaging in human trafficking, a person 271 employed by a massage establishment and any person performing 272 massage therapy therein must immediately present, upon the 273 request of an investigator of the department or a law 274 enforcement officer, valid government identification while in 275 the establishment. Any of the following is a valid government 276 identification for the purposes of this sectionis: 277 (a) A valid, unexpired driver license issued by any state, 278 territory, or district of the United States.;279 (b) A valid, unexpired identification card issued by any 280 state, territory, or district of the United States.;281 (c) A valid, unexpired United States passport.;282 (d) A naturalization certificate issued by the United 283 States Department of Homeland Security.;284 (e) A valid, unexpired alien registration receipt card 285 (green card).; or286 (f) A valid, unexpired employment authorization card issued 287 by the United States Department of Homeland Security. 288 (2) A person operating a massage establishment must: 289 (a) Immediately present, upon the request of an 290 investigator of the department or a law enforcement officer: 291 1. Valid government identification while in the 292 establishment. 293 2. A copy of the documentation specified in paragraph 294 (1)(a) for each employee and any person performing massage 295 therapy in the establishment. 296 (b) Ensure that each employee and any person performing 297 massage therapy in the massage establishment is able to 298 immediately present, upon the request of an investigator of the 299 department or a law enforcement officer, valid government 300 identification while in the establishment. 301 Section 17. Section 627.6407, Florida Statutes, is amended 302 to read: 303 627.6407 Massage.—Any policy of health insurance that 304 provides coverage for massage shall also cover the services of 305 persons licensed to practice massage therapy pursuant to chapter 306 480, where the massage therapy, as defined in chapter 480, has 307 been prescribed by a physician licensed under chapter 458, 308 chapter 459, chapter 460, or chapter 461, as being medically 309 necessary and the prescription specifies the number of 310 treatments. 311 Section 18. Section 627.6619, Florida Statutes, is amended 312 to read: 313 627.6619 Massage.—Any policy of health insurance that 314 provides coverage for massage shall also cover the services of 315 persons licensed to practice massage therapy pursuant to chapter 316 480, where the massage therapy, as defined in chapter 480, has 317 been prescribed by a physician licensed under chapter 458, 318 chapter 459, chapter 460, or chapter 461, as being medically 319 necessary and the prescription specifies the number of 320 treatments. 321 Section 19. Paragraph (a) of subsection (1) of section 322 627.736, Florida Statutes, is amended to read: 323 627.736 Required personal injury protection benefits; 324 exclusions; priority; claims.— 325 (1) REQUIRED BENEFITS.—An insurance policy complying with 326 the security requirements of s. 627.733 must provide personal 327 injury protection to the named insured, relatives residing in 328 the same household, persons operating the insured motor vehicle, 329 passengers in the motor vehicle, and other persons struck by the 330 motor vehicle and suffering bodily injury while not an occupant 331 of a self-propelled vehicle, subject to subsection (2) and 332 paragraph (4)(e), to a limit of $10,000 in medical and 333 disability benefits and $5,000 in death benefits resulting from 334 bodily injury, sickness, disease, or death arising out of the 335 ownership, maintenance, or use of a motor vehicle as follows: 336 (a) Medical benefits.—Eighty percent of all reasonable 337 expenses for medically necessary medical, surgical, X-ray, 338 dental, and rehabilitative services, including prosthetic 339 devices and medically necessary ambulance, hospital, and nursing 340 services if the individual receives initial services and care 341 pursuant to subparagraph 1. within 14 days after the motor 342 vehicle accident. The medical benefits provide reimbursement 343 only for: 344 1. Initial services and care that are lawfully provided, 345 supervised, ordered, or prescribed by a physician licensed under 346 chapter 458 or chapter 459, a dentist licensed under chapter 347 466, a chiropractic physician licensed under chapter 460, or an 348 advanced practice registered nurse registered under s. 464.0123 349 or that are provided in a hospital or in a facility that owns, 350 or is wholly owned by, a hospital. Initial services and care may 351 also be provided by a person or entity licensed under part III 352 of chapter 401 which provides emergency transportation and 353 treatment. 354 2. Upon referral by a provider described in subparagraph 355 1., followup services and care consistent with the underlying 356 medical diagnosis rendered pursuant to subparagraph 1. which may 357 be provided, supervised, ordered, or prescribed only by a 358 physician licensed under chapter 458 or chapter 459, a 359 chiropractic physician licensed under chapter 460, a dentist 360 licensed under chapter 466, or an advanced practice registered 361 nurse registered under s. 464.0123, or, to the extent permitted 362 by applicable law and under the supervision of such physician, 363 osteopathic physician, chiropractic physician, or dentist, by a 364 physician assistant licensed under chapter 458 or chapter 459 or 365 an advanced practice registered nurse licensed under chapter 366 464. Followup services and care may also be provided by the 367 following persons or entities: 368 a. A hospital or ambulatory surgical center licensed under 369 chapter 395. 370 b. An entity wholly owned by one or more physicians 371 licensed under chapter 458 or chapter 459, chiropractic 372 physicians licensed under chapter 460, advanced practice 373 registered nurses registered under s. 464.0123, or dentists 374 licensed under chapter 466 or by such practitioners and the 375 spouse, parent, child, or sibling of such practitioners. 376 c. An entity that owns or is wholly owned, directly or 377 indirectly, by a hospital or hospitals. 378 d. A physical therapist licensed under chapter 486, based 379 upon a referral by a provider described in this subparagraph. 380 e. A health care clinic licensed under part X of chapter 381 400 which is accredited by an accrediting organization whose 382 standards incorporate comparable regulations required by this 383 state, or 384 (I) Has a medical director licensed under chapter 458, 385 chapter 459, or chapter 460; 386 (II) Has been continuously licensed for more than 3 years 387 or is a publicly traded corporation that issues securities 388 traded on an exchange registered with the United States 389 Securities and Exchange Commission as a national securities 390 exchange; and 391 (III) Provides at least four of the following medical 392 specialties: 393 (A) General medicine. 394 (B) Radiography. 395 (C) Orthopedic medicine. 396 (D) Physical medicine. 397 (E) Physical therapy. 398 (F) Physical rehabilitation. 399 (G) Prescribing or dispensing outpatient prescription 400 medication. 401 (H) Laboratory services. 402 3. Reimbursement for services and care provided in 403 subparagraph 1. or subparagraph 2. up to $10,000 if a physician 404 licensed under chapter 458 or chapter 459, a dentist licensed 405 under chapter 466, a physician assistant licensed under chapter 406 458 or chapter 459, or an advanced practice registered nurse 407 licensed under chapter 464 has determined that the injured 408 person had an emergency medical condition. 409 4. Reimbursement for services and care provided in 410 subparagraph 1. or subparagraph 2. is limited to $2,500 if a 411 provider listed in subparagraph 1. or subparagraph 2. determines 412 that the injured person did not have an emergency medical 413 condition. 414 5. Medical benefits do not include massage therapy as 415 defined in s. 480.033 or acupuncture as defined in s. 457.102, 416 regardless of the person, entity, or licensee providing massage 417 therapy or acupuncture, and a licensed massage therapist or 418 licensed acupuncturist may not be reimbursed for medical 419 benefits under this section. 420 6. The Financial Services Commission shall adopt by rule 421 the form that must be used by an insurer and a health care 422 provider specified in sub-subparagraph 2.b., sub-subparagraph 423 2.c., or sub-subparagraph 2.e. to document that the health care 424 provider meets the criteria of this paragraph. Such rule must 425 include a requirement for a sworn statement or affidavit. 426 427 Only insurers writing motor vehicle liability insurance in this 428 state may provide the required benefits of this section, and 429 such insurer may not require the purchase of any other motor 430 vehicle coverage other than the purchase of property damage 431 liability coverage as required by s. 627.7275 as a condition for 432 providing such benefits. Insurers may not require that property 433 damage liability insurance in an amount greater than $10,000 be 434 purchased in conjunction with personal injury protection. Such 435 insurers shall make benefits and required property damage 436 liability insurance coverage available through normal marketing 437 channels. An insurer writing motor vehicle liability insurance 438 in this state who fails to comply with such availability 439 requirement as a general business practice violates part IX of 440 chapter 626, and such violation constitutes an unfair method of 441 competition or an unfair or deceptive act or practice involving 442 the business of insurance. An insurer committing such violation 443 is subject to the penalties provided under that part, as well as 444 those provided elsewhere in the insurance code. 445 Section 20. Subsection (37) of section 641.31, Florida 446 Statutes, is amended to read: 447 641.31 Health maintenance contracts.— 448 (37) All health maintenance contracts that provide coverage 449 for massage must also cover the services of persons licensed to 450 practice massage therapy pursuant to chapter 480 if the massage 451 is prescribed by a contracted physician licensed under chapter 452 458, chapter 459, chapter 460, or chapter 461 as medically 453 necessary and the prescription specifies the number of 454 treatments. Such massage services are subject to the same terms, 455 conditions, and limitations as those of other covered services. 456 Section 21. Subsection (3) of section 823.05, Florida 457 Statutes, is amended to read: 458 823.05 Places and groups engaged in certain activities 459 declared a nuisance; abatement and enjoinment.— 460 (3) A massage establishment as defined in s. 480.033s.461480.033(7)which operates in violation of s. 480.0475 or s. 462 480.0535(2) is declared a nuisance and may be abated or enjoined 463 as provided in ss. 60.05 and 60.06. 464 Section 22. This act shall take effect July 1, 2021.