eLaws of Florida

  SECTION 480.046. Grounds for disciplinary action by the board.  


Latest version.
  • 1(1) 2The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 19456.072(2)20:
    21(a) 22Attempting to procure a license to practice massage by bribery or fraudulent misrepresentation.
    35(b) 36Having a license to practice massage revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
    63(c) 64Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of massage or to the ability to practice massage. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter.
    108(d) 109False, deceptive, or misleading advertising.
    114(e) 115Advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in s. 139480.0485140.
    141(f) 142Aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to the provisions of this chapter or to a rule of the department or the board.
    170(g) 171Making deceptive, untrue, or fraudulent representations in the practice of massage.
    182(h) 183Being unable to practice massage with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon probable cause, authority to 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, shall constitute 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 with reasonable skill and safety to clients.
    342(i) 343Gross or repeated malpractice or the failure to practice massage 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.
    378(j) 379Practicing 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.
    414(k) 415Delegating 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.
    446(l) 447Violating 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.
    474(m) 475Refusing to permit the department to inspect the business premises of the licensee during regular business hours.
    492(n) 493Failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition.
    510(o) 511Practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage 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.
    572(p) 573Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
    588(2) 589The board may enter an order denying licensure or imposing any of the penalties in s. 605456.072(2) 606against 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. 638456.072(1)639.
    640(3) 641The 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:
    671(a) 672The license has been obtained by fraud or misrepresentation.
    681(b) 682The holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of a massage establishment.
    707(c) 708The establishment owner, the designated establishment manager, or any individual providing massage therapy services for the establishment has had the entry in any jurisdiction of:
    7331. 734A final order or other disciplinary action taken for sexual misconduct involving prostitution;
    7472. 748A final order or other disciplinary action taken for crimes related to the practice of massage therapy involving prostitution; or
    7683. 769A 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. 798796.07799.
    800(4) 801The 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. 831480.043832.
    833(5) 834A designated establishment manager who has been the subject of disciplinary action under section (3) may not reapply for a license.
    855(6) 856Disciplinary 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.