Bill Text: FL S1068 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Massage Therapy

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/HB 1065 (Ch. 2014-139) [S1068 Detail]

Download: Florida-2014-S1068-Introduced.html

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       Florida Senate - 2014                                    SB 1068
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-01155A-14                                          20141068__
    1                        A bill to be entitled                      
    2         An act relating to licensed massage therapists;
    3         amending s. 456.0135, F.S.; requiring an applicant for
    4         licensure under ch. 480, F.S., to submit to certain
    5         fingerprinting requirements; requiring fingerprints to
    6         be enrolled in the national retained print arrest
    7         notification program and the Care Provider Background
    8         Screening Clearinghouse; amending s. 456.074, F.S.;
    9         requiring the Department of Health to issue an
   10         emergency order suspending the license of a massage
   11         therapist for the commission of certain offenses;
   12         amending s. 480.041, F.S.; requiring an applicant for
   13         a massage therapist license to submit to certain
   14         background screening requirements; requiring that a
   15         massage therapist who was issued a license before a
   16         specified date meet the background screening
   17         requirements by a specified date; requiring the Board
   18         of Massage Therapy to deny an application for a
   19         massage therapy license for certain offenses; amending
   20         s. 480.043, F.S.; requiring a person with an ownership
   21         interest in a massage establishment to submit to
   22         certain background screening requirements; requiring
   23         the board to deny an application for a massage
   24         establishment permit under certain circumstances;
   25         requiring that the owner of a massage establishment
   26         that was issued a license before a specified date
   27         submit to the background screening requirements by a
   28         specified date; amending s. 480.0465, F.S.; conforming
   29         a cross-reference; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 456.0135, Florida Statutes, is amended
   34  to read:
   35         456.0135 General background screening provisions.—
   36         (1) An application for initial licensure received on or
   37  after January 1, 2013, under chapter 458, chapter 459, chapter
   38  460, chapter 461, chapter 464, or s. 465.022, or chapter 480
   39  shall include fingerprints pursuant to procedures established by
   40  the department through a vendor approved by the Department of
   41  Law Enforcement and fees imposed for the initial screening and
   42  retention of fingerprints. Fingerprints must be submitted
   43  electronically to the Department of Law Enforcement for state
   44  processing, and the Department of Law Enforcement shall forward
   45  the fingerprints to the Federal Bureau of Investigation for
   46  national processing. Each board, or the department if there is
   47  no board, shall screen the results to determine if an applicant
   48  meets licensure requirements. For any subsequent renewal of the
   49  applicant’s license that requires a national criminal history
   50  check, the department shall request the Department of Law
   51  Enforcement to forward the retained fingerprints of the
   52  applicant to the Federal Bureau of Investigation unless the
   53  fingerprints are enrolled in the national retained print arrest
   54  notification program.
   55         (2) All fingerprints submitted to the Department of Law
   56  Enforcement as required under subsection (1) shall be retained
   57  by the Department of Law Enforcement as provided under s.
   58  943.05(2)(g) and (h) and (3) and enrolled in the national
   59  retained print arrest notification program at the Federal Bureau
   60  of Investigation when the Department of Law Enforcement begins
   61  participation in the program. The department shall notify the
   62  Department of Law Enforcement regarding any person whose
   63  fingerprints have been retained but who is no longer licensed.
   64         (3) The costs of fingerprint processing, including the cost
   65  for retaining fingerprints, shall be borne by the applicant
   66  subject to the background screening.
   67         (4) All fingerprints received under this section shall be
   68  entered into the Care Provider Background Screening
   69  Clearinghouse as provided in s. 435.12.
   70         Section 2. Subsection (5) is added to section 456.074,
   71  Florida Statutes, to read:
   72         456.074 Certain health care practitioners; immediate
   73  suspension of license.—
   74         (5) The department shall issue an emergency order
   75  suspending the license of a massage therapist as defined in
   76  chapter 480 upon receipt of information that such therapist has
   77  been convicted or found guilty of, or has entered a plea of
   78  guilty or nolo contendere to, regardless of adjudication, a
   79  felony offense under any of the following provisions of state
   80  law or a similar provision in another jurisdiction:
   81         (a) Section 787.01, relating to kidnapping.
   82         (b) Section 787.02, relating to false imprisonment.
   83         (c) Section 787.025, relating to luring or enticing a
   84  child.
   85         (d) Section 787.06, relating to human trafficking.
   86         (e) Section 787.07, relating to human smuggling.
   87         (f) Section 794.011, relating to sexual battery.
   88         (g) Section 794.08, relating to female genital mutilation.
   89         (h) Section 796.03, relating to procuring a person under
   90  the age of 18 for prostitution.
   91         (i) Section 796.035, relating to the selling or buying of
   92  minors into prostitution.
   93         (j) Section 800.04, relating to lewd or lascivious offenses
   94  committed upon or in the presence of persons less than 16 years
   95  of age.
   96         (k) Section 825.1025(2)(b), relating to lewd or lascivious
   97  offenses committed upon or in the presence of an elderly or
   98  disabled person.
   99         (l) Section 827.071, relating to sexual performance by a
  100  child.
  101         (m) Section 847.0133, relating to the protection of minors.
  102         (n) Section 847.0135, relating to computer pornography.
  103         (o) Section 847.0138, relating to the transmission of
  104  material harmful to minors to a minor by electronic device or
  105  equipment.
  106         (p) Section 847.0145, relating to the selling or buying of
  107  minors.
  108         Section 3. Present subsections (3) and (4) of section
  109  480.041, Florida Statutes, are redesignated as subsections (4)
  110  and (5), respectively, and a new subsection (3) and subsections
  111  (6) and (7) are added to that section, to read:
  112         480.041 Massage therapists; qualifications; licensure;
  113  endorsement.—
  114         (3) An applicant must submit to background screening under
  115  s. 456.0135.
  116         (6) Massage therapists who were issued a license before
  117  July 1, 2014, must submit to the background screening
  118  requirements of s. 456.0135 by January 31, 2015.
  119         (7) The board shall deny an application for a license if an
  120  applicant has been convicted or found guilty of, or enters a
  121  plea of guilty or nolo contendere to, regardless of
  122  adjudication, a felony offense under any of the following
  123  provisions of state law or a similar provision in another
  124  jurisdiction:
  125         (a) Section 787.01, relating to kidnapping.
  126         (b) Section 787.02, relating to false imprisonment.
  127         (c) Section 787.025, relating to luring or enticing a
  128  child.
  129         (d) Section 787.06, relating to human trafficking.
  130         (e) Section 787.07, relating to human smuggling.
  131         (f) Section 794.011, relating to sexual battery.
  132         (g) Section 794.08, relating to female genital mutilation.
  133         (h) Section 796.03, relating to procuring a person under
  134  the age of 18 for prostitution.
  135         (i) Section 796.035, relating to the selling or buying of
  136  minors into prostitution.
  137         (j) Section 800.04, relating to lewd or lascivious offenses
  138  committed upon or in the presence of persons less than 16 years
  139  of age.
  140         (k) Section 825.1025(2)(b), relating to lewd or lascivious
  141  offenses committed upon or in the presence of an elderly or
  142  disabled person.
  143         (l) Section 827.071, relating to sexual performance by a
  144  child.
  145         (m) Section 847.0133, relating to the protection of minors.
  146         (n) Section 847.0135, relating to computer pornography.
  147         (o) Section 847.0138, relating to the transmission of
  148  material harmful to minors to a minor by electronic device or
  149  equipment.
  150         (p) Section 847.0145, relating to the selling or buying of
  151  minors.
  152         Section 4. Present subsections (2) through (6) of section
  153  480.043, Florida Statutes, are redesignated as subsections (3)
  154  through (7), respectively, present subsections (7) through (9)
  155  of that section are redesignated as subsections (9) through
  156  (11), respectively, and new subsections (2), (8), and (12) are
  157  added to that section, to read:
  158         480.043 Massage establishments; requisites; licensure;
  159  inspection.—
  160         (2) A person who has an ownership interest in a massage
  161  establishment shall submit to the background screening
  162  requirements under s. 456.0135. However, if a corporation
  163  submits proof of having more than $250,000 of business assets in
  164  this state, the department shall require the owner, officer, or
  165  individual directly involved in the management of the massage
  166  establishment to submit to the background screening requirements
  167  of s. 456.0135.
  168         (8) The department shall deny an application for a massage
  169  establishment permit if the applicant; a person with an
  170  ownership interest in a massage establishment; or a corporation
  171  that has more than $250,000 of business assets in this state, or
  172  the owner, officer, or individual directly involved in the
  173  management of such massage establishment, has been convicted or
  174  found guilty of, or entered a plea of guilty or nolo contendere
  175  to, regardless of adjudication, a felony offense under any of
  176  the following provisions of state law or a similar provision in
  177  another jurisdiction:
  178         (a) Section 787.01, relating to kidnapping.
  179         (b) Section 787.02, relating to false imprisonment.
  180         (c) Section 787.025, relating to luring or enticing a
  181  child.
  182         (d) Section 787.06, relating to human trafficking.
  183         (e) Section 787.07, relating to human smuggling.
  184         (f) Section 794.011, relating to sexual battery.
  185         (g) Section 794.08, relating to female genital mutilation.
  186         (h) Section 796.03, relating to procuring a person under
  187  the age of 18 for prostitution.
  188         (i) Section 796.035, relating to selling or buying of
  189  minors into prostitution.
  190         (j) Section 800.04, relating to lewd or lascivious offenses
  191  committed upon or in the presence of persons less than 16 years
  192  of age.
  193         (k) Section 825.1025(2)(b), relating to lewd or lascivious
  194  offenses committed upon or in the presence of an elderly or
  195  disabled person.
  196         (l) Section 827.071, relating to sexual performance by a
  197  child.
  198         (m) Section 847.0133, relating to the protection of minors.
  199         (n) Section 847.0135, relating to computer pornography.
  200         (o) Section 847.0138, relating to the transmission of
  201  material harmful to minors to a minor by electronic device or
  202  equipment.
  203         (p) Section 847.0145, relating to the selling or buying of
  204  minors.
  205         (12) A massage establishment owner whose massage
  206  establishment was issued a license before July 1, 2014, shall
  207  submit to the background screening requirements of s. 456.0135
  208  before January 31, 2015. However, if a corporation submits proof
  209  of having more than $250,000 of business assets in this state,
  210  the department shall require the owner, officer, or individual
  211  directly involved in the management of the massage establishment
  212  to submit to the background screening requirements of s.
  213  456.0135.
  214         Section 5. Section 480.0465, Florida Statutes, is amended
  215  to read:
  216         480.0465 Advertisement.—Each massage therapist or massage
  217  establishment licensed under the provisions of this act shall
  218  include the number of the license in any advertisement of
  219  massage services appearing in a any newspaper, airwave
  220  transmission, telephone directory, or other advertising medium.
  221  Pending licensure of a new massage establishment pursuant to the
  222  provisions of s. 480.043(7) s. 480.043(6), the license number of
  223  a licensed massage therapist who is an owner or principal
  224  officer of the establishment may be used in lieu of the license
  225  number for the establishment.
  226         Section 6. This act shall take effect July 1, 2014.