64B7-23.011. Misconduct and Negligence in the Practice of Massage Therapy.

Failure to practice massage therapy with the level of care, skill and treatment which is recognized by a reasonably prudent similar massage therapist as acceptable under similar conditions and circumstances constitute misconduct and negligence in the practice of massage therapy. Acts of misconduct or negligence include:

(1) Failure to properly assess the patient;

(2) Failure to explain draping techniques to the patient;

(3) Failure to appropriately drape the patient;

(4) Failure to obtain informed consent from the patient, the patient’s parent, or the patient’s guardian for massage therapy treatment;

(5) Failure to obtain specific informed consent from the patient, the patient’s parent, or the patient’s guardian before undraping a patient;

(6) Undraping a patient in a manner inconsistent with the specific informed consent given;

(7) Administering treatment which poses a significant health risk to the patient;

(8) Administering treatment in a negligent manner;

(9) Administering treatment which the massage therapist is not competent by training or experience to perform;

(10) Administering treatment which the massage therapist is not qualified by training or experience to perform;

(11) Violating the confidentiality of information or knowledge concerning a patient;

(12) Offering massage therapy at a sporting event, convention, or trade show without obtaining the written approval of the owner or property manager of the site of the sporting event, convention or trade show or the organizer of the sporting event, convention, or trade show.

Rulemaking Authority 480.035(7) FS. Law implemented 480.046(1)(i) FS. History–New 2-1-22.