Florida Administrative Code (Last Updated: June 27, 2024) |
64. Department of Health |
64B7. Board of Massage Therapy |
64B7-30. Discipline |
1(1) When the Board finds that an applicant, apprentice, or licensee whom it regulates under Chapter 480, F.S., has committed any of the acts set forth in Sections 29480.041, 30480.043, 31480.0485, 32480.046, 33and 34456.072, F.S., 36and/or Division 64B7, F.A.C., it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines after consideration of the aggravating and mitigating factors set forth in subsection (4) of this rule. Discipline may include any of the following: letter of concern, reprimand, license with conditions, probation, suspension, revocation and/or fines.
93(2) Disciplinary Guidelines:
96RECOMMENDED RANGE OF PENALTY
100VIOLATION
101FLORIDA LICENSES
103TELEHEALTH REGISTRANTS
105FIRST OFFENSE
107ADDITIONAL OFFENSE
109FIRST OFFENSE
111ADDITIONAL OFFENSE
113(a) Section 115480.046(1)(a), F.S. 117Attempting to procure a license to practice massage by bribery or fraudulent misrepresentation or Section 132456.072(1)(h), F.S. 134Attempting to obtain, obtaining, or renewing a license to practice a profession through an error of the department or the board.
155If bribery or fraudulent representation is found.
162Denial of application, or reprimand, $250 to $1,500 fine, continuing education.
174Denial of application and $10,000 fine.
181$10,000 fine and revocation
186Denial of application and $10,000 fine.
193Reprimand to suspension
196and corrective action plan
200Revocation
201Revocation
202Revocation
203(b) Section 205480.046(1)(b), F.S. 207Having 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.
234Section 235456.072(1)(f), F.S. 237Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.
320Up to the comparable penalty or action imposed in other jurisdiction.
331Suspension to revocation
334Letter of Concern to Suspension and Corrective Action Plan
343Suspension to Revocation
346(c) Section 348480.046(1)(c), F.S. 350Being 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 Chapter 480, F.S.
395Section 396456.072(1)(c), F.S. 398Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.
436Misdemeanors
437Felonies
438Crimes having a factual basis related to prostitution, or solicitation for prostitution, or assault, battery, abuse, or which otherwise caused bodily harm.
460Crimes involving fraudulent misrepresentation.
464Reprimand and $250 fine
468$500 fine and probation
472$1,000 fine and revocation
477$10,000 fine and suspension
482$500 fine and probation or suspension
488$500 fine and suspension
492n/a
493$10,000 fine and revocation
498Reprimand
499Suspension and corrective action plan
504Revocation
505Suspension and corrective action plan
510Suspension and corrective action plan
515Suspension and corrective action plan to revocation
522n/a
523Suspension and corrective action plan to revocation
530(d) Section 532480.046(1)(d), F.S. 534False, deceptive, or misleading advertising.
539Reprimand and $500 fine to probation and $750 fine
548Suspension and $1,000 fine to revocation and $1,000 fine
559Letter of concern to suspension
564Suspension and corrective action plan to revocation
571(e) Section 573480.046(1)(e), F.S. 575Advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in Section 599480.0485, F.S.
601Reprimand and $1,000 fine or suspension up to revocation
611Revocation
612Reprimand
613Suspension and corrective action plan
618(f) Section 620480.046(1)(f), F.S. 622Aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to the provisions of Chapter 480, F.S. or to a rule of the department or the board.
651Section 652456.072(1)(j), F.S. 654Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapters 456 and 480, F.S. or the rules of the department or the board.
685Suspension
686Suspension and $2,500 fine to revocation and $2,500 fine
697Suspension and corrective action plan
702Revocation
703(g) Section 705480.046(1)(g), F.S. 707Making deceptive, untrue, or fraudulent representations in the practice of massage.
718Section 719456.072(1)(a), F.S. 721Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.
737Section 738456.072(1)(m), F.S. 740Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.
770If fraudulent representation found.
774Reprimand and $500 to $1,000 fine
781Suspension and $10,000 fine
786Suspension and $2,500 fine to revocation and $2,500 fine
797Revocation and $10,000 fine
802Reprimand
803Suspension and corrective action plan
808Suspension and corrective action plan
813Revocation
814(h) Section 816480.046(1)(h), F.S. 818Being 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.
855Section 856456.072(1)(z), F.S. 858Being unable to practice with reasonable skill and safety to patients 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.
896Suspension until ability to practice with reasonable skill and safely shown to Board through evaluation by a licensed health care practitioner qualified by skill and training to address respondent’s mental or physical condition
929Revocation
930Suspension and corrective action plan
935Revocation
936(i) Section 938480.046(1)(i), F.S. 940Gross 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.
975Suspension, $1,000 fine, and continuing education
982Revocation and $2,500 fine
987Suspension and corrective action plan
992Revocation
993(j) Sections 995480.046(1)(j), 996456.072(1)(o), F.S. 998Practicing 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.
1033Reprimand, $1,000 fine, and continuing education
1040Suspension and $2,500 fine to revocation and $2,500 fine
1051Letter of Concern to Reprimand
1056Suspension and corrective action plan to revocation
1063(k) Sections 1065480.046(1)(k), 1066456.072(1)(p), F.S. 1068Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by training, experience, and authorization when required to perform them.
1112Suspension and $1,000 to $2,500 fine, and continuing education
1123Revocation and $2,500 fine
1128Suspension and corrective action plan
1133Revocation
1134(l) Section 1136480.046(1)(l), F.S. 1138Violating 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.
1165Section 1166456.072(1)(q), F.S. 1168Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.
1190$250 fine and suspension until compliant, and continuing education
1199$500 fine and suspension until compliant to revocation, and $500 fine
1210Suspension and corrective action plan
1215Suspension and corrective action plan to revocation
1222(m) Section 1224480.046(1)(m), F.S. 1226Refusing to permit the department to inspect the business premises of the licensee during regular business hours.
1243Section 1244456.072(1)(r), F.S. 1246Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
1261$500 to $1,000 fine, suspension until compliant
1269Suspension until compliant and $500 fine to revocation and $500 fine
1280Suspension and corrective action plan
1285Suspension and corrective action plan to revocation
1292(n) Section 1294480.046(1)(n), F.S. 1296Failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition.
1313Reprimand, $250 to $1,000 fine, suspension until satisfactory re-inspection
1323Suspension until satisfactory re-inspection and $2,500 fine to revocation and $2,500 fine
1337Reprimand
1338Suspension and corrective action plan
1343(o) Section 1345480.046(1)(o), F.S. 1347Practicing 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.
1408Reprimand, $250 to $750 fine, reprimand and continuing education
1417Suspension and $2,500 fine to revocation and $2,500 fine
1428Letter of concern to Reprimand
1433Suspension and corrective action plan
1438(p) Section 1440480.046(1)(p), F.S. 1442Violating any provision of Chapter 480 or Chapter 456, F.S. or any rules adopted pursuant thereto.
1458Section 1459456.072(1)(b), F.S. 1461Intentionally violating any rule adopted by the board or the department, as appropriate.
1474Section 1475456.072(1)(dd), F.S. 1477Violating any provision of Chapter 480, F.S. the applicable practice act, or any rules adopted pursuant thereto.
1494Reprimand, $250 to $1,000 fine, and continuing education
1503Suspension and $1,000 to $2,500 fine to revocation and $2,500 fine
1517Suspension and corrective action plan
1522Suspension and corrective action plan to revocation
15291. Section 1531480.0465, F.S. 1533Each massage therapist or massage establishment licensed under the provisions of Chapter 480, F.S. shall include the number of the license in any advertisement of massage services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium.
1572Reprimand and $250 fine
1576Suspension until compliant and $1,500 fine
1583Letter of concern to reprimand
1588Suspension and corrective action plan
15932. Section 1595480.0485, F.S. 1597Sexual misconduct in the practice of massage therapy.
1605Section 1606456.072(1)(v), F.S. 1608Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 1622456.063(1), F.S., 1624or Rule 162664B7-26.010, 1627F.A.C., Sexual Activity Prohibited.
1631$2,500 fine and revocation
1636n/a
1637Revocation
1638n/a
16393. Section 1641456.036(1), F.S. 1643Practicing with an inactive status license, a retired status license, a delinquent or suspended license.
1658Reprimand, $250 to $1,000 fine, and continuing education
1667Suspension until compliant and $2,500 fine to revocation and $2,500 fine
1680Letter of Concern
1683Suspension and corrective action plan
1688(q) Section 1690456.072(1)(g), F.S. 1692Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.
1714If fraudulent representation is found.
1719Reprimand and $500 to $1,000 fine
1726$10,000 fine and revocation
1731$1,500 fine and suspension to revocation
1738$10,000 fine and revocation
1743Reprimand
1744Revocation
1745Suspension and corrective action plan
1750n/a
1751(r) Section 1753456.072(1)(i), F.S. 1755Failing to report to the department any person who the licensee knows is in violation of Chapter 456 or 480, F.S.
1776Reprimand and $250 to $1,000 fine and suspension
1785Suspension and $1,500 fine to revocation and $1,500 fine
1796Reprimand
1797Suspension and corrective action plan
1802(s) Section 1804456.072(1)(k), F.S. 1806Failing to perform any statutory or legal obligation placed upon a license.
1818Reprimand and $250.00 to $1,000 fine and continuing education
1828Suspension and $1,000 to $2,500 fine, and continuing education to revocation and $2,500 fine
1845Reprimand
1846Suspension and corrective action plan
1851(t) Section 1853456.072(1)(l), F.S. 1855Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so.
1893If fraudulent misrepresentation found.
1897Reprimand and $500 to $1,000 fine to probation and $1,000 fine
1910Reprimand and $10,000 fine
1915Suspension and $2,500 fine to revocation and $2,500 fine
1926$10,000 fine and revocation
1931Reprimand
1932Revocation
1933Suspension and corrective action plan
1938n/a
1939(u) Section 1941456.072(1)(n), F.S. 1943Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.
1963Suspension and $1,000 to $2,500 fine to revocation and $1,000 to $2,500 fine
1980Revocation and $2,500 fine
1985Suspension and corrective action plan
1990Revocation
1991(v) Section 1993456.072(1)(t), F.S. 1995Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds.
2043Reprimand and $250 fine
2047$1,000 fine and reprimand
2052Letter of Concern to Reprimand
2057Suspension and corrective action plan
2062(w) Section 2064456.072(1)(x), F.S. 2066Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
2111Reprimand and $250 fine and continuing education
2118Suspension and $1,000 fine to revocation and $1,500 fine
2129Letter of Concern to Reprimand
2134Suspension and corrective action plan
2139(x) Section 2141456.072(1)(y), F.S. 2143Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents under Section 2171316.066, 2172F.S. or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in the accidents.
2216Suspension and $500 to $1,000 fine
2223Revocation and $1,500 fine
2228Suspension and corrective action plan
2233Revocation
2234(y) Section 2236456.072(1)(aa), F.S. 2238Testing positive for any drug, as defined in Section 2247112.0455, 2248F.S. on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.
2274Suspension until evaluation by a licensed health care practitioner qualified by skill and training to address respondent’s condition, compliance with all recommendations to revocation
2298$500 fine and suspension until PRN evaluation, compliance with all recommendations to revocation
2311Suspension and corrective action plan
2316Suspension and corrective action plan to revocation
2323(z) Section 2325456.072(1)(bb), F.S. 2327Performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition.
2366Reprimand and $500 fine, and continuing education
2373Revocation and $1,000 fine
2378Letter of Concern to reprimand
2383Revocation
2384(aa) Section 2386456.072(1)(cc), F.S. 2388Leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures.
2415Reprimand and $1,000 fine to revocation and $1,000 fine
2426Revocation and $1,000 fine
2431Letter of Concern to Reprimand
2436Revocation
2437(bb) Section 2439456.072(1)(ee), F.S. 2441With respect to making a personal injury protection claim as required by Section 2454627.736, 2455F.S., intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in Section 2471627.732, 2472F.S..
2473Section 2474456.072(1)(ff), F.S. 2476With respect to making a personal injury claim as required by Section 2488627.736, F.S., 2490intentionally submitting a claim, statement, or bill for payment of services that were not rendered.
2505Revocation and $2,000 fine
2510n/a
2511Revocation
2512n/a
2513(cc) Section 2515456.072(1)(hh), F.S. 2517Being terminated from an impaired practitioner program that is overseen by a consultant as described in Section 2534456.076, 2535F.S. for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.
2569Suspension until ability to practice with reasonable skill and safety shown to Board through evaluation by a licensed health care practitioner qualified by skill and training to address respondent’s condition
2599Revocation
2600Suspension and corrective action plan
2605Revocation
2606(dd) Section 2608456.072(1)(ii), F.S. 2610Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication under 263118 U.S.C. s. 669, 2635ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518 or 265542 U.S.C. ss. 1320a-7b, 2659related to the Medicaid program.
2664Section 2665456.072(1)(ll), F.S. 2667Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
2698Revocation and $10,000 fine
2703n/a
2704Revocation
2705n/a
2706(ee) Section 2708456.072(pp), F.S. 2710Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal under Section 2734760.27, F.S. 2736without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal.
2752Citation
2753Reprimand and $1,000 fine, continuing education, to suspension
2762Letter of concern
2765Reprimand to suspension and corrective action plan
2772(ff) Section 2774456.072(1)(rr), F.S. 2776Except as otherwise provided by law, failing to comply with the parental consent requirements of Section 1014.06 F.S.
2794Reprimand and $2,000 to $5,000 fine and continuing education
2805Revocation and $10,000 fine
2810Reprimand and corrective action plan
2815Revocation
2816(gg) Section 2818456.072(1)(ss), F.S. 2820Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 2862456.074(5), F.S. 2864or a similar offense in another jurisdiction.
2871Revocation
2872n/a
2873Revocation
2874n/a
2875(3) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties for the violations charged. The Board shall consider as aggravating or mitigating factors the following:
2911(a) The potential danger to the public;
2918(b) The length of time since the violation;
2926(c) The number of times the licensee has been previously disciplined by the Board;
2940(d) The length of time licensee has practiced;
2948(e) The actual or potential harm, physical or otherwise, caused by the violation;
2961(f) The deterrent effect of the penalty imposed;
2969(g) The potential effect of the penalty upon the licensees’ livelihood;
2980(h) Any effort of rehabilitation by the licensee;
2988(i) The actual knowledge of the licensee pertaining to the violation;
2999(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;
3017(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
3036(l) Actual negligence of the licensee pertaining to any violation;
3046(m) Evidence of fraud or misrepresentation;
3052(n) Damage to the reputation of the profession of massage therapy;
3063(o) Penalties imposed for related offenses under subsections (1) and (2), above.
3075Rulemaking Authority 3077456.079(1), 3078(3), 3079480.035(7) FS. 3081Law Implemented 3083456.072(2), 3084456.079(1), 3085(3), 3086480.041, 3087480.043, 3088480.046, 3089480.047 3090FS. History‒New 3-26-87, Formerly 21L-30.002, Amended 9-30-93, 12-12-93, 8-16-94, 10-1-95, 2-5-96, 5-12-96, 5-29-97, Formerly 61G11-30.002, Amended 2-18-98, 11-4-98, 1-26-00, 10-7-02, 10-12-03, 12-13-05, 5-19-13, 12-2-14, 1-2-19, 10-8-20, 7-27-21, 12-4-223118.
Historical Versions(6)
Select effective date to view different version.Related Statutes:
- 112.0455, F.S.
- 120.57, F.S.
- 316.066, F.S.
- 456.036, F.S.
- 456.072, F.S.
- 456.073, F.S.
- 456.076, F.S.
- 456.079, F.S.
- 465.016, F.S.
- 480.033, F.S.
- 480.035, F.S.
- 480.041, F.S.
- 480.043, F.S.
- 480.046, F.S.
- 480.0465, F.S.
- 480.047, F.S.
- 480.0485, F.S.
- 480.0535, F.S.
- 51.011, F.S.
- 627.732, F.S.
- 627.736, F.S.
- 787.01, F.S.
- 787.02, F.S.
- 787.025, F.S.
- 787.06, F.S.
- 787.07, F.S.
- 790.338, F.S.
- 794.011, F.S.
- 794.08, F.S.
- 796.03, F.S.
- 796.035, F.S.
- 796.04, F.S.
- 796.05, F.S.
- 796.07, F.S.
- 800.04, F.S.
- 825.1025, F.S.
- 827.071, F.S.
- 847.0133, F.S.
- 847.0135, F.S.
- 847.0138, F.S.
- 847.0145, F.S.