By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting the Board held disciplinary hearings to determine, among other matters, the fate of a number of Florida massage therapists. Many of these massage therapists were accused of obtaining their licenses to practice through a transcript-buying scandal centered on the Florida College of Natural Health.
The Health Law Firm had one of its attorneys present at this Board of Massage Therapy meeting to get first-hand information on what was going on.
You may remember back in September 2012, the Florida Surgeon General announced that he had signed 161 emergency suspension orders (ESOs) for massage therapists in Florida. Click here to read our blog on that story.
Results from the Board of Massage Therapy Meeting.
During the Board of Massage Therapy meeting, the Board voted to revoke 19 massage therapists’ licenses. It voted to accept the voluntary surrender of an additional 55 massage therapists’ licenses, according to an article in the Sun Sentinel. A majority of these cases involved massage therapists who were charged with obtaining their Florida licenses by submitting fake credentials from the Florida College of Natural Health.
A number of massage therapists have named a single “rogue employee” of the Florida College of Natural Health, one of its officials, as the main culprit behind the phony credentials. She allegedly issued these fake transcripts and certificates in exchange for cash payments.
To read the entire article from the Sun Sentinel, click here.
More Massage Therapists Might Be Under Investigation.
Recently, we’ve received some other reports about massage therapists who allegedly received their massage therapy courses from ASM Beauty World Academy, Inc., in Broward County, Florida. These people we spoke with say they received their credentials from a man who was also involved in the scheme in South Florida. Massage therapists from the ASM Beauty World Academy are allegedly now receiving letters of investigation from the DOH.
Again, we’ve only has a few reports. If you attended the ASM Beauty World Academy, Inc., or any other massage therapy school and received a letter from the DOH about your license being investigated, please call an experienced health law attorney.
To see a list of Florida board approved massage therapy schools, click here. Please note this list is from 2012. The 2013 list has not been released. We will update this list as soon as the new list of Florida board approved schools is released on the DOH website.
Buy Professional Liability Insurance Now.
As a massage therapists, your license may come under investigation. We always recommend buying professional liability insurance sooner rather than later. Not only can professional liability insurance protect you in the event of a lawsuit, but it may also pay your legal defenses in the event of a complaint against your license to practice or for other legal problems. It’s a small price to pay to protect your livelihood. But be sure it covers the investigation of your license. Click here to learn more on professional liability insurance for massage therapists.
What You Don’t Know About DOH Investigations Can Hurt You.
Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond to even the most basic questions about where you work now, what your address is or if you know patient x, until consulting with counsel.
These are the biggest mistakes we see in the massage therapy cases we are called upon to defend after a DOH investigation has been initiated:
1. Failing to keep a current, valid address on file with the DOH (as required by law), which may seriously delay the receipt of the Uniform Complaint (notice of investigation), letters, and other important correspondence related to the investigation.
2. Contacting the DOH investigator and providing him/her an oral statement or oral interview. (Note: There is no legal requirement to do this.)
3. Making a written statement in response to the “invitation” extended by the DOH investigator to do so. (Note: There is no legal requirement to do this.)
4. Failing to carefully review the complaint to make sure it has been sent to the correct massage therapist. (Note: Check name and license number).
5. Failing to ascertain whether or not the investigation is on the “Fast Track” which may then result in an emergency suspension order (ESO) suspending the massage therapist’s license until all proceedings are concluded. (Note: This will usually be the case if there are allegations regarding drug abuse, alcohol abuse, sexual contact with a patient, mental health issues, or failure to comply with PRN instructions.)
Click here to read more on what not to do if you are contacted by a DOH investigator.
Contact Health Law Attorneys Experienced with Department of Health (DOH) Investigations of Massage Therapists.
The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Comments?
As a massage therapists, have you received a letter of investigation from the DOH? What do you think about the rulings during the January 213 board meeting? Please leave any thoughtful comments below.
Sources:
Clarkson, Brett. “As Regulators Yank Licenses, Masseuses Blame Businessman, Former School Official.” Sun Sentinel. (January 24, 2013). From: http://articles.sun-sentinel.com/2013-01-24/health/fl-massage-board-meetings-20130124_1_massage-licenses-massage-therapists-massage-establishments
About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.
This post is very helpful and shows that you have a lot of knowledge on the topic.
I hope all these massage therapists will be fine.
Thank you so much for this info – I agree with the second commenter – I hope they are all ok!
Why would you want massage therapists who submitted fraudulent credentials to be “fine”?
Very nice and informative post. Thanks for sharing great article.
I hope they prosecute these people to the fullest extent of the law. It’s bad enough we have people with credible licenses destroying the professionalism and name of our field, now we have human trafficking using if as a front. Throw all of them in prison
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