Along with the fingerprinting retention requirement fee, the passage of Florida House Bill 851: pertaining to Human Trafficking, is causing some commotion among Florida Massage Therapists. This uptick in anxiety about new requirements is typical after a new law is passed and there are a few remaining unknowns.
Here is a quick guide to some of the upcoming changes for massage therapists.
What is House Bill 851?
The goal of House Bill 851 is to combat human trafficking in Florida. Why? Florida is ranked as the third highest trafficking destination in the country. That is a frightening statistic.
The new law includes requirements for health care professionals, the hotel industry, and law enforcement in Florida.
When was it passed?
After the House voted 108-1 in favor and the Senate followed with a 36-0 vote, it was presented and approved by Governor DeSantis on 6/26/2019.
When is the effective date?
The effective date was 7/1/2019. Yes, it already took effect. Many of the requirements have a deadline of January 2020 or 2021, so pay attention to dates in this article.
Some have said this immediate effective date is to get a head start on the 2020 Superbowl, which will be hosted in Miami. Superbowl Sunday is notoriously known dubbed the biggest trafficking event in the United States. Lots of inaccurate claims about the correlation between human trafficking and Superbowl Sunday. The truth is, every Superbowl host city in the past several years has taken the opportunity to bring attention to their city’s and state’s human trafficking problem.
Superbowl or not, Florida has a human trafficking crisis and I am pleased to see swift action taken on this issue.
What does the Law require?
Listed below are some requirements that apply to Florida massage therapists, as well as other health care professionals.
Human Trafficking Continuing Education
Massage therapists, and the below licensed health care providers, are required to complete a one (1) hour course pertaining to human trafficking.
- Acupuncture
- Chiropractic medicine
- Dentistry, dental hygiene, and dental laboratories
- Dietetics and nutrition practice
- Massage practice
- Medical practice
- Nursing home administration
- Occupational therapy
- Optometry
- Osteopathic medicine
- Pharmacy
- Physical therapy practice
- Podiatric medicine
- Respiratory therapy
Were massage therapists required to complete the 1-hour course for the August 2019 renewal since it took effect July 1, 2019?
Good question! No. At first, I thought this would take effect for the 2021 renewal deadline, but then I read this:
“The course must be completed by January 1, 2021 , and will count towards the required CE for renewal. The bill does not require that this course be taken again for future renewal cycles.”
As of now, for some of the professions mentioned above, this course is a one-and-done course for current licensees and not something they will need to retake each renewal. This is not an application requirement for massage therapists moving to Florida. It is only a renewal requirement at this time..
I do offer an online board-approved 1-hour Human Trafficking course for massage therapists with automatic reporting to CEBroker.com – 1-hour Human Trafficking Course.
Human Trafficking Sign
There are actually two sign requirements for establishments.
480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.— F.S.
(3) By January 1, 2021, the licensees or certificate holders shall post in their place of work in a conspicuous place accessible to employees a sign at least 11 inches by 15 inches in size, printed in a clearly legible font and in at least a 32-point type, which substantially states in English and Spanish:
(13) By January 1, 2021, a massage establishment shall implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure.
Here are the first sign details:
By January 1, 2021, Massage establishments will be required by law to post a sign regarding human trafficking in a conspicuous place accessible to employees.
Here are some quick sign requirements. The sign must:
- Be at least 11 x 15 inches
- Be at least 32-point type
- Contain statutorily required language and be posted in English and Spanish. The Department has also provided Mandarin (Chinese) translations of these signs for use in offices where those languages are spoken
The links below contain signs that meet the statutory requirements when printed at the listed size.
Human Trafficking Reporting Procedures Sign
This is the second sign details:
By January 1, 2021, all massage establishments will need to implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline. Not only that, but a sign with the establishment’s procedure will also need to be posted in an area accessible to employees.
Designated Establishment Manager (DEM)
The law defines both “Establishment Owner” and “Designated Establishment Manager.”
An establishment owner is a person who has an ownership interest in a massage establishment.
A “designated establishment manager,” or DEM, is a massage therapist who holds a clear and active massage license without restriction. The DEM is responsible for the operation of a massage establishment in accordance with the provisions of law and rules.
By January 1, 2020, every massage establishment licensed before July 1st, 2019, must identify a designated establishment manager. All establishment license applications after July 1, 2019, need to name a DEM on the application.
Forms and applications for establishments that incorporate the requirement for a DEM are still “coming soon” on some of the department website pages. However, I was able to find a form recently on the board’s website – DEM Form / Designated Establishment Manager Form.
Here is some more information about selecting a DEM.
No Repeat Offenders
Honestly, I thought we already had laws on this issue. But, we must have needed one more.
If a person has been subjected to criminal punishment for committing an act involving prostitution, the Board of Massage Therapy is required to revoke or suspend the license of a massage establishment. It also requires the Board to deny subsequent licensure if the person reapplies for any of the above licenses. I am not sure, but I think the difference now is that the board does not just “have the power to revoke,” they must revoke the license or deny the application.
Help Others “BEFREE”
These new laws and rules are not a punishment to massage therapists. Making minor changes in establishments and educating ourselves on how to better serve the public is something all health care providers have to do. I have taught a course pertaining to human trafficking for a few years now for both Florida Massage and Cosmetology license renewals and I truly believe we have the opportunity to really make a difference in the lives of others.
We can be angry and upset with the right people, the traffickers. But victims of human trafficking honestly need our help and compassion. They are modern slaves. Even though it appears they can come and go as they please, they cannot. Keep in mind, some have their passports taken, are unfamiliar with the English language, have been threatened with violence against their family if they do not comply with the trafficker, and have been groomed to fear living outside their current situation.
We all need to pitch in and help to end human trafficking. This new law requires those in law enforcement to take a 4-hour human trafficking training course. I know many massage therapists have voiced frustration about the lack of response when reporting suspicious Massage Establishments in the past. Hopefully, with this increased awareness and education, we will all see better outcomes. Additionally, those that clean rental units or hotel rooms will now have to take a course so they can spot signs of human trafficking while at work in the hotel industry. Solving this crisis in Florida really will be a group effort.
Let’s get to work helping those that need us to speak up for them.
FIND HELP
Children and adults can be victims of human trafficking. “If you see something, say something.” If you have information regarding suspected Human Trafficking of a child in Florida contact: Florida Abuse Hotline 1-800-96-ABUSE (1-800-962-2873).If you have information regarding suspected Human Trafficking of an adult anywhere in the United States or of a child outside of Florida please contact: National Human Trafficking Resource Center 1-888-373-7888. Text HELP to 233733 (BEFREE):
To get help for victims and survivors of human trafficking or to connect with local services. Visit the National Human Trafficking Hotline online at: https://humantraffickinghotline.org.
All the massage therapists that I know including myself are concerned with this new law. Perhaps we are misinterpreting it. I am a single self employed massage therapist. I have my own office with my own establishment license and I do not have any other employees. It is a small one room studio that I have rented for years. Am I to understand that I will need to hire someone to be my office manager?? Or can I simply be know as the establishment owner/ and Manager in addition to being a massage therapist? I have the posters printed out, and hung on the wall by the door for all to see, I had my finger prints done some time ago, but I will pay the fee to have them stored. Can you please help me understand this better, because if I will be required to hire someone, I might as well close up shop, I simply cant afford to hire someone nor do I have the space for a office manager.
Thank you so much
Jeremy
No. There is no need to hire an office manager. You just need to designate a massage establishment manager and that person must be a massage therapist. In the case of a solo massage therapist, you (the establishment license owner) would also designate yourself as the massage establishment manager. Make sense?
I manage a spa in a hotel and have 8 massage therapists that are on call. I am trying to understand this new requirement regarding a DEM? I am the only one that is in the spa daily to make the appointments and help the clients and I am not a therapist. If I name a DEM from one of my massage therapists they are not here an a daily basis, only when I schedule appointments. Why would they be considered a manager?
It does not say that a DEM must be there at all times. Their responsibility is all about laws and rules, it does not mean they are your spa manager and in charge of scheduling.
What is a DEM?
DEM stands for “Designated Establishment Manager.” The DEM is designated by the rules or practices of the establishment and is responsible for the operation of the massage establishment in accordance with the provisions of law and rules.
I have a beautiful establishment treatment room and no employees. Do I have to put that depressing sign in plain view of all my clients. I do not have a break room and am proud of the serene ambiance for clients. Where do I post the depressing looking poster for the employees I don’t have?
http://www.flhealthsource.gov/humantrafficking/ says:
I know you will not be the only one with this issue, but this topic is important for people to know about. Do you have a bathroom or supply room? Many places I see signs at pertaining to domestic violence or human trafficking keep them in the bathroom.
I took a 2 hour human trafficking course Aug 2019. Do i need to take another hour course before Jan 1st requirement date?
I am not aware of any courses that were approved by the board in Aug 2019. All existing human trafficking courses had to go through a separate approval process. The earliest one I know of was in January of 2020. I would assume you would need to take one again. You can always verify this with the massage board or contact your provider that you completed the course with and ask.
Hello,
I am an acupuncture physician and I run a practice that includes massage therapists that rent rooms. These therapists are not here every day and they do not represent my business. Nor would I trust my renters with making sure that other renters obey state rules. It is my job to make sure that everyone that works or rents here has a proper license and follows state rules. I would appoint myself as the DFM and as the owner but I only have the acupuncture license, not a massage license. I do not want to change my business model to have massage therapists on staff in management positions. I am sure there are other business owners such as Chiropractors and other medical professionals that have similar concerns. How are you addressing this issue? Not everyone does business as pure massage or has massage therapists that can function as managers and be responsible for business decisions.
Good question!
So, I assume you own the establishment license. And, yes, a DEM must “be a licensed Florida Massage Therapist with a clear and active license” (http://www.flhealthsource.gov/humantrafficking/faqs) so it does not look like you qualify.
The DEM does not make business decisions. They are just are making sure the laws and rules are being met. Since those that are not LMTS do not have to take the 10 hours of laws and rules course massage therapists must take, I can see why there was a decision to only allow LMTs to hold this title. I have always said that a person with a massage establishment license should have to take the 10 hour laws and rules too. This would solve this issue that you are having. This is a statute issue, not a board rule. So, at this time, I do not have a solution for you. Hopefully, someone else will chime in.
I just wanted to clarify that there are no other signs that need to be posted specifically for clients to see. I have the 2 signs required by the state and are posted to where ONLY my staff can see them. Is this all that is required of my Massage Establishment?
Excellent point, Candace!
This needs a little update since this was written when the Bill was quite new. Here are the two sign statutes. Both mention employees.
480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.— F.S.
(3) By January 1, 2021, the licensees or certificate holders shall post in their place of work in a conspicuous place accessible to employees a sign at least 11 inches by 15 inches in size, printed in a clearly legible font and in at least a 32-point type, which substantially states in English and Spanish:
(13) By January 1, 2021, a massage establishment shall implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure.
Thank You Ivy for confirming the information for me, I wanted to make sure we were not missing any signs. I appreciate you taking the time to respond to me.
Thank you for letting me know I needed to update something. I try my hardest to keep everything up to date and appreciate when someone points something out.
Must the DEM be a W2 employee, or can they be a 1099 contractor?
The FAQ page says:
“A massage therapist must practice at the establishment for which they are serving as DEM.”
https://flhealthsource.gov/humantrafficking/faqs#:~:text=To%20qualify%20as%20a%20DEM,with%20the%20laws%20and%20rules
I would not think it would have to be a w2 employee since so many establishments have 1099s or are self-employed.
There are no rules stating a DEM must be an employee.