In July and August, most Florida massage licensees received a postcard from the MQA about a change to the massage establishment regulation, due to the passage of House Bill 7005.
This change will affect a small minority of massage therapists. The intent of this bill was to curb illegal massage activity by (theoretically) making it easier to identify locations where illegal activity was taking place.
Below are the changes to Chapter 480, F.S. that become effective October 1, 2013:
Massage Establishment Hours of Operation
Massage establishments may no longer operate between Midnight and 5:00 am.
Location Exceptions
Certain Health Care Facilities (as defined by s. 408.07)Motels, Hotels, Bed and Breakfasts, and Time Shares
Public Airports
Pari-Mutuel Facilities (In Florida, pari-mutuel facilities is where wagering is authorized for horse racing, harness horse racing, greyhound racing, jai alai games, and cardroom poker games. I had to look that up.)
Operation during county or municipality-approved special events
Or when ALL massages during midnight and 5:00 A.M. are under the direction of a(n):
Medical Physician (MD)
Physician Assistant (PA)
Osteopathic Physician (DO)
Chiropractic Physician (DC)
Podiatrist (DPM)
Advanced Registered Nurse Practitioner (ARNP)
Dentist (DDS)
You may no longer live in a licensed massage establishment unless it is zoned residential (480.0475 [2])
I imagine this law came to be as another way to investigate and shut down brothel-like “massage establishments” and places that support human-trafficking. If you have ever watched 20/20 or Dateline bust a massage parlor that has “living quarters” in the back of the establishment, you know what I am talking about.
A person operating a massage establishment may not use
or permit the establishment to be used as a principal domicile
unless the establishment is zoned for residential use under a
local ordinance.
Advertising Changes
It does not take long to find listings on Craigslist or other social media sites by individuals offering illegal massage services (by licensed or unlicensed individuals). There are new grounds for discipline for those that attempt to induce, engage, or attempt to engage in unlawful sexual misconduct, as described in 480.0485, F.S.
Criminal Penalties
Criminal penalties were established to for those violating of the new requirements of 480.0475, F.S. The first offense is a first degree misdemeanor. The second and all subsequent offenses is a third degree felony.
To read the full House Bill, click here.
If I rent an office with 3 massage rooms in it, and I have the establishment license in my name do the other renters within the same office need the est. lic. Too?
Typically the establishment license is location dependent. So if your license covers the building with all of the rooms you share, there should be no need for another license.
Thank you, I have heard conflicting information, even about a therapist loosing her license because she worked under another persons massage est. license and was not his employee, but a renter.
Do they have a separate business name? That may be something you would want to email/call the Board of massage about just to make sure. They are good about answering those types of questions.
Do you think these massage laws will actually be effective?
It depends how much time the DOH puts into investigating establishment complaints and checking on compliance.
Hi Ivy!
If I am in the process of opening my massage studio establishment and I haven’t received my license as of yet because we are still 8 to 10 weeks away from opening, would it be okay to have 2 therapists go to a 5K with me and offer complimentary massages to promote the opening of my business in the community?
Thanks!
Hi Chris,
You cannot legally massage, but the others could if they have licenses. I am not sure how to promote the massage establishment since it does not have a number/license yet and neither do you. Sorry!
Ivy