Changes in Florida Law for LMTs & Establishments

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 Changes in Florida laws for 
LMTs and Massage Establishments
There are TWO NEW Changes to CH 480, Massage Practice Act, as a result of the passage of HB 1065 during the 2014 legislative session: Fingerprinting and Background Screening
Fingerprinting and background screening is now required for massage therapists and establishment owners. The new provisions went into effect on July 1, 2014. The deadline for compliance isJanuary 31, 2015. These changes align Massage Therapist with the basic requirements of other healthcare practitioners such as MD’s, DO’s, DC’s, Dentists, Nurses and Pharmacists. 
You may download the application, get a list of approved vendors, read the latest news from The Board of Massage Therapy at http://floridasmassagetherapy.gov 
Check out the BOMT Background Screening Frequently Asked Questions page: http://floridasmassagetherapy.gov/background-screening-faqs/
The steps below were extracted from the Board of Massage Therapy website:

Licensed Massage Therapists 

Step 1 
Read the Livescan Privacy Statement (3 pages) and return the enclosed
Confirmation of Receipt of FBI/FDLE Privacy Policy form to the Board of Massage Therapy at the address on the form.

 

Step 2 
Contact a Livescan service provider (approved by FDLE) to obtain the fingerprints. Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. You must take the Electronic Fingerprinting Form with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department.

 

Licensed Massage Establishments

Step 1 
Complete and return a Massage Establishment Ownership Information Form for every person who has an ownership interest in the massage establishment, unless the establishment has more than $250,000 in business assets in this state.  If the establishment has more than $250,000 in business assets in this state, please see the instructions on the form for additional information required.

 

Step 2 
Read the Livescan Privacy Statement (3 pages) and return the enclosed
Confirmation of Receipt of FBI/FDLE Privacy Policy form to the Board of Massage Therapy at the address on the form.

 

Step 3
Contact a Livescan service provider (approved by FDLE) to obtain the fingerprints. Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. You must take the Electronic Fingerprinting Form 

with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department.

Physicians who employ LMTs are exempt from massage establishment requirements. 

The way the exemption reads in HB 1065, which is now a part of CH 480:

(13)  This section does not apply to a physician licensed under chapter 458 (MD), chapter 459 (DO) , or chapter 460 (DC) who employs a licensed massage therapist to perform massage on the physician’s patients at the physicians place of practice.  This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.

This means that LMTs who work in a Chiropractor’s office, or the office of a MD or DO- NEEDS to be an EMPLOYEE.  If, on the other hand, the LMT is considered contract labor and receives a Form 1099 Misc. to file taxes instead of a W-2, an establishment license is required. Also if the LMT rents space from the Physician or in the Physician’s office, a massage establishment license is required.
Note:  Several Chapters are arranging with livescan providers to come to a scheduled meeting, helping to make it convenient for you to comply with these new requirements.  Check with your local Chapter to see if they have a vendor scheduled.
We also want to remind you of a past rule change:
Photo Identification Requirement-make sure you are compliant with the rule change implemented in 2013:
Effective on September 1, 2013, the licensed massage therapist must attach to the displayed license a 2 by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.
If you have questions about these changes or need further information, please contact the Board of Massage Therapy at

Licensure Support Services (850) 488-0595 Monday through Friday.

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New Law Requiring Background Screening prior to Jan 31, 2015

 

 Effective July 1, 2014, the following individuals must undergo a criminal background screening prior to January 31, 2015:

  • All massage therapists licensed in this state prior to July 1, 2014;
  • Any person with an ownership interest in a massage establishment licensed in this state prior to July 1, 2014, or
  • If the massage establishment is owned by a corporation that has more than $250,000 of business assets in this state, the owner, officer or individual directly involved in the management of the establishment will be required to submit to background screening.

How do current licensees comply with this new law?

Licensees must use a Livescan service provider to electronically submit a set of fingerprints to the Florida Department of Law Enforcement (FDLE) for the purpose of conducting a search for any criminal history records that may pertain to the licensee.

Learn more at: http://floridasmassagetherapy.gov/latest-news/electronic-fingerprinting/

FOR QUESTIONS REGARDING THIS LAW CONTACT THE BOARD OF MASSAGE THERAPY

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FSMTA Member Catie Miller named 2014 Educator of the Year

Congratulations to FSMTA member Catie Miller, Educator of the Year!

Catie Miller has been named the 2014 Educator of the Year by the Alliance For Massage Therapy Education(AFMTE).  Catie has been an instructor at FSM for 28 years.  She currently teaches Neuromuscular Therapy and maintains a small private practice. Catie Miller is a member of the North Central Fl chapter.   Sincere congratulations go out today to our friend and valued colleague!
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