Types of Disciplinary Actions Taken By the Board of Massage Therapy

By Castillana F. Duvernay, J.D.

The Florida Board of Massage Therapy can take disciplinary actions against you and your massage establishment if you are not adhering to the rules and regulations set forth by the Board of Massage Therapy and the statutes that govern the practice of massage.

We see common themes and issues that arise at Board of Massage Therapy meetings. This blog will highlight some of these issues and provide tips on how you can avoid being disciplined.

The Practice Act for Massage Therapists Requires Disclosure of Prior Disciplinary History.

If you did not disclose your prior disciplinary history (prior criminal conviction, prior discipline on a professional license) on your application, this may subject you to an administrative complaint by the Florida Department of Health and the Board of Massage Therapy.

Not disclosing disciplinary history information is a violation of Section 480.046(1)(p), Florida Statutes, and Section 480.041(6), Florida statutes. It is imperative that you answer the history questions on your application truthfully. Answering the questions truthfully will help speed up your application.

Licensed Massage Establishment.

In Florida, the practice of massage therapy is governed by Florida Statutes. The Department of Health is the umbrella agency that is charged with enforcing the laws and rules and is over the Board of Massage Therapy.

It is a felony offense to practice, attempt to practice, or offer to practice a regulated healthcare profession, including massage therapy, without possessing a valid license. Reflexology is included under massage therapy and requires a license in Florida.

Working at a massage parlor that isn’t duly licensed is a violation of Section 480.043(1), Florida Statutes, which states: “No massage establishment shall be allowed to operate without a license granted by the department in accordance with the rules adopted by the board.”

Before working for a massage establishment or opening up your own massage parlor, it is imperative that you have the proper documentation to show that you are a duly licensed massage establishment as required by Section 480.043, Florida Statutes. If you do not have the proper documents, the ramifications can be severe. This can lead to complaints being filed against you and the establishment which may lead to arrest by law enforcement, a Uniform Unlicensed Activity Citation (fine), or the subject will be issued a Cease and Desist letter.

Education Discrepancies.

Prior to attending a massage school, make sure it is a Board-approved massage school. One of the ways to do this is to request information about the accreditation of the school from the school staff or its designated accrediting agency. Alternatively, you may go to the Florida Massage Therapy website and search for a list of Florida approved Massage Schools.

The Board of Massage Therapy has a Massage School Approval Requirements Checklist and Information on their website that you can use as guide to help you decide if the school is following the guidelines set forth by the Board of Massage Therapy. In addition, the Board of Massage Therapy has a closed program list showing you which schools are closed and no longer operating. Furthermore, they also have a list of approved schools. Of course with each of these options, it is always best practice to contact the board of massage therapy to inquire about a school that you may be interested in attending.

Sexual Misconduct and Sexual Activity.

Sexual misconduct and sexual activity has been a hot topic for the board for several years. Engaging in sexual misconduct with a client or patient is a violation of Section 480.0485, Florida Statutes.

It is important that you do not exceed the boundaries of the massage that you are performing. Follow the generally accepted treatment of massage therapy patients. Do not accept offers from anyone, and don’t offer extra services to anyone that is not a part of the listed services offered by the massage establishment. Exceeding the scope of the massage will not only lead to disciplinary action by the board of massage therapy, but it may lead to a criminal record.

Displaying Licensure.

Failure to conspicuously display establishment license and massage therapist license may lead to disciplinary action. It is extremely important that upon opening your own massage parlor that you place all of your licenses in a place where it can be seen.

Procedures for Reporting Human Trafficking.

Not having procedures in place for reporting suspected human trafficking may lead to disciplinary action. Pursuant to Section 480.043(13), Florida Statutes, massage establishments must implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency. A sign detailing this reporting procedure must be posted in a conspicuous place in the establishment that is accessible to employees.

Contact Health Law Attorneys Experienced in Representing Massage Therapists and Other Healthcare Professionals.

The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health investigations and other types of investigations of health professionals and providers. The Health Law Firm routinely represents massage therapists, dentists, nurses, physicians, medical groups, clinics, and other healthcare providers in personal and facility licensing issues.

To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

About the Author: Castillana F. Duvernay, J.D. is a new lawyer with 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

Sources:

“Closed School List.” https://floridasmassagetherapy.gov/forms/mt-closed-schools-11-14.pdf

“Florida Approved Massage Schools List.” https://floridasmassagetherapy.gov/forms/massage-list-school.pdf

Florida Board of Massage Therapy. “Are massage establishments required to have procedures for reporting human trafficking?” https://floridasmassagetherapy.gov/help-center/are-massage-establishments-required-to-have-procedures-for-reporting-human-trafficking/

Florida Board of Massage Therapy. “Education and Training Programs.” https://floridasmassagetherapy.gov/education-and-training-programs/

Florida Board of Massage Therapy. “Unlicensed Activity (ULA).” https://floridasmassagetherapy.gov/latest-news/unlicensed-activity-ula/

 

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2024. The Health Law Firm. All rights reserved. No part of this work may be published in any form in any medium without the written permission of the copyright owner. The copyright owner asserts its right to be associated with the content of this work.

By |2024-03-14T09:59:14-04:00January 2, 2024|Categories: Massage Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Types of Disciplinary Actions Taken By the Board of Massage Therapy
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How to Find an HPSO Insurance Attorney to Defend You in a Complaint Against Your Massage Therapy License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
We often hear from clients with professional licensing complaints and Department of Health investigations who have insurance coverage with Healthcare Providers Service Organization  (HPSO) Insurance but could not find a lawyer who accepts it. They come to us after disciplinary action has been taken against their license to appeal or reverse it.
Our law firm and attorneys have represented individuals covered by HPSO Insurance for over 25 years. HPSO covers and pays for legal matters in various areas, such as administrative hearings, professional license complaints, investigations, depositions, HIPAA violations, and more.
Under these policies, the insurance company will pay the legal fees and costs related to your defense. However, usually, you are required to locate and retain the appropriate attorney to represent you.
Tips to Help Find and Retain an Experienced Attorney to Defend You.
1. Seek and retain an attorney who accepts your insurance, whether it is HPSO Insurance, NORCAL Insurance, The Doctors Company (TDC) Insurance, CPH & Associates Insurance, Pharmacists Mutual Insurance, Philadelphia Insurance, or another national company. This will ensure that you have an attorney who will give you the lower rates the insurance company had negotiated and will have a good working relationship established with your insurance company. If an attorney with our firm cannot represent you, we will try to find one who will.
2. The primary qualification for any attorney you hire to represent you should be their experience working with health professionals in the same field. If the attorney is not familiar with your area of health practice or the type of hearings involved, it may be difficult for that attorney to get up to speed to represent you properly.
3. If you come across an attorney who states that they will help you make a statement to the investigator or assist you in the investigation but does not appear at hearings, this is the wrong attorney. You need an attorney that can represent you from start to finish.
4. You also want to retain the services of an attorney who has appeared before your professional board or state licensing authority in investigations and hearings, especially formal or informal administrative hearings.
5. Often, you will encounter an attorney who only wants you to accept a consent order, stipulation, or settlement agreement. Remember that these are all merely “plea bargains,” by signing this, you will be pleading guilty to whatever offenses are charged. In most cases, you will be innocent and must request a formal administrative hearing to prove this instead of signing the consent agreement (or order).
6. You don’t need an attorney in your city, state, or location. Almost all the work on the case can be done by telephone and e-mail. You usually have only one meeting or hearing with the agency, and depending on the type of hearing or meeting, it could be located in many different locations. Our attorneys will travel to those locations for meetings and hearings with you.
7. Beware of attorneys who hold themselves out in Internet advertising as health attorneys or professional licensed defense attorneys but are other types of attorneys. We see this greatly from medical malpractice plaintiff attorneys, criminal defense attorneys, and attorneys who sue insurance companies. Be sure you retain only an attorney who concentrates their practice on defending those in the specialty of massage therapy and physical therapy, board of physical therapy and massage therapy complaints, investigations, and hearings.
8. If you can’t find an attorney to meet your immediate needs through an Internet search, you may contact your insurance company or professional association and ask if they have a list of attorneys who can do the legal work you require.
For example, you may reach Healthcare Providers Service Organization (HPSO) at (800) 982-9491; you can reach CPH & Associates at (800) 875-1911 or (312) 987-9823; you can access additional policy info from American Massage Therapy Association Insurance (AMTA) by going to their website here: https://www.amtamassage.org/massage-insurance/overview
To learn more about professional liability insurance and why you should have it, read my prior blog here.
Contact Health Law Attorneys Experienced in the Representation of Massage Therapists.
The attorneys of The Health Law Firm provide legal representation to massage therapists and physical therapists, physicians, dentists, nurse practitioners, pharmacists, massage therapists, mental health counselors, registered nurses (RNs), assisted living facilities (ALFs), home health agencies (HHAs), nurse practitioners, lab technicians, occupational therapists, physical therapists (PTs), social workers, physician assistants, psychologists, and other health professionals in many different legal matters.
Services we provide include representation before your professional board in DOH investigations, administrative hearings, civil litigation, professional licensing matters, defense of allegations concerning HIPAA privacy violations and medical record breaches, and many others.
In cases in which the health care professional has professional liability insurance or general liability insurance, which provides coverage for such matters, we will seek to obtain coverage from your insurance company and will attempt to have your legal fees and expenses covered by your insurance company.  If allowed, we will agree to take an assignment of your insurance policy proceeds to submit our bills directly to your insurance company. We also defend health professionals and health facilities in general and business litigation matters.
To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.
About the Author: 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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620
Attorney Positions with The Health Law Firm. The Health Law Firm always seeks qualified attorneys interested in health law practice. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.
By |2024-03-14T09:59:19-04:00September 27, 2023|Categories: Mental Health Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , |Comments Off on How to Find an HPSO Insurance Attorney to Defend You in a Complaint Against Your Massage Therapy License
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Got a Complaint Against Your Massage Therapist or Physical Therapist License? You Need an HPSO Insurance Attorney to Defend You

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many massage therapists and physical therapists carry professional malpractice insurance through the Healthcare Providers Service Organization (HPSO) or one of the other similar professional liability insurance companies. What they may not realize is that their insurance will pay for their legal defense expenses if there is a complaint filed against their massage therapy license or physical therapy license, if they receive a subpoena to testify or produce documents, or if they are accused of violating HIPAA or a client’s medical confidentiality.

Under such policies, the insurance company will usually pay the legal fees and other costs related to your legal defense or legal representation during the proceeding. However, you will most often be required to locate and retain the appropriate attorney to represent you in the matter, even though the insurance company will pay the bills.

What to look for when retaining an attorney to defend you.

1. Seek and retain an attorney who accepts the insurance that you have, whether it is HPSO Insurance, CPH & Associates Insurance, Philadelphia Insurance, Trust Management Services, Philadelphia Insurance, Firemans Fund, or another national company. This will ensure that you have an attorney who will give you the lower rates the insurance company had negotiated and will have a good working relationship established with your insurance company. If an attorney with our firm cannot represent you, we will try to find an attorney who will.

2. The primary qualification for any attorney you hire to represent you should be his or her experience in working with health professionals in the same field. If the attorney is not familiar with your area of health practice or the type of hearings involved, it may be difficult for that attorney to get up to speed to represent you properly.

3. If you come across an attorney who states that she or he will help you make a statement to the investigator or assist you in the investigation, but does not appear at hearings, then this is the wrong attorney. You need an attorney that can represent you from start to finish.

4. You also want to retain the services of an attorney who has appeared before your professional board or state licensing authority, in investigations and hearings, especially formal or informal administrative hearings.

5. Often you will come across an attorney who only wants you to accept a consent order, stipulation, or settlement agreement. Remember that these are all merely “plea bargains” and by signing this you will be pleading guilty to whatever offenses are charged. In most cases, you will be innocent and you will need to request a formal administrative hearing in order to prove this, instead of signing the consent agreement (or order).

6. You don’t need an attorney who is located in your city, state, or location. Almost all the work on the case will be done by telephone and e-mail. You usually have only one meeting or hearing with the agency and, depending on what type of hearing or meeting it is, it could be located in many different locations. Our attorneys will travel to those locations for meetings and hearings with you.

7. Beware of attorneys who hold themselves out in Internet advertising as health attorneys or professional license defense attorneys but are really some other type of attorneys. We see this a lot from medical malpractice plaintiff attorneys, criminal defense attorneys and attorneys who sue insurance companies. Be sure you retain only an attorney who concentrates his or her practice in defending those in the specialty of massage therapy and physical therapy and in board of physical therapy and board of massage therapy complaints, investigations and hearings.

8. If you can’t find an attorney to meet your immediate needs through an Internet search, you may contact your insurance company or professional association and ask if they have a list of attorneys that can do the legal work you require. For example, you may reach Healthcare Providers Service Organization (HPSO) at (800) 982-9491; you can reach Nurses Service Organization (NSO) at (800) 247-1500; you can reach CPH & Associates at (800) 875-1911 or (312) 987-9823; you can access a list of professional license defense attorneys online at https://taana.org/referral/

To learn more about Board of Massage Therapy and DOH investigations, click here to read my prior blog.

Contact Health Law Attorneys Experienced in the Representation of Massage Therapists.

The attorneys of The Health Law Firm provide legal representation to massage therapists and physical therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers. We have represented a number of massage therapists and physical therapists who have had summary actions initiated against their massage therapy licenses by the Department of Health (DOH).

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: 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 Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.

By |2024-03-14T10:00:01-04:00April 16, 2020|Categories: Massage Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Got a Complaint Against Your Massage Therapist or Physical Therapist License? You Need an HPSO Insurance Attorney to Defend You
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“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 © 2022 The Health Law Firm. All rights reserved.
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