If you’re a massage therapist or a client in Florida, there’s a some changes to Florida massage laws that you should be aware of. Florida House Bill 197 took effect on July 1, 2024. This new legislation brings some significant changes to how massage therapy establishments are run, all in an effort to make the profession safer and more transparent. Here’s a breakdown of what is included in the new law and how it might impact you.
Why the New Laws?
House Bill 197 was introduced to address some serious concerns about illegal activities happening under the guise of legitimate massage therapy. It’s no secret that some licensed massage establishments have been fronts for human trafficking and other shady business. This law is designed to protect both clients and therapists. But, not everyone is happy about these changes as they will create some more work for therapists.
As someone who teaches Florida’s massage therapy laws and rules, I want to help you learn about these changes and how to comply with the changes and approach any issues that may arise.
What’s Changing for Florida Licensed Massage Therapists (LMTs)?
There is actually quite a bit included in this law update (almost 17 pages). The board held several workshops this spring to work on and discuss the changes. Here are the main points:
ID Checks and Recordkeeping: Massage establishments are now required to keep detailed employment records in English or Spanish and to verify and record customer identities before providing services. In addition, establishments need keep a record of clients names and addresses. Clients will need to present a valid form of ID. We will discuss this more in detail.
Prohibited Activities and Devices: The law explicitly bans any sexual activity and certain devices within massage establishments. This is not a drastic change. Sexual activity in an establishment has never been legal, but the language has changed.
Window Visibility and Signage Requirements: We have all seen shady massage establishments with covered windows. The ones that make you ask yourself what they are hiding in there. Establishments need to have at least 35% light penetration through the reception area windows. Plus, you’ll have to display some required info, like your establishment license, in an easy-to-see spot.
Dress Code Update: There’s a new dress code—fully opaque, non-transparent clothing. This is pretty obvious. Nothing sheer or see-through while massaging.
Immediate License Suspension: The Department of Health now has the authority to suspend a license on the spot if there’s evidence of serious offenses like human trafficking or sexual misconduct.
Client ID and Recordkeeping
480.043 Massage establishments; requisites; licensure; 14 (f )
“A massage establishment must maintain a complete set of legible records in English or Spanish, which must include the date, time, and type of service or treatment provided; the full legal name of the employee who provided the service or treatment; and the full legal name, home address, and telephone number of the client or patient. Medical records may satisfy this requirement if the records include the specified information. A copy of the client’s or patient’s photo identification may be used to provide the full legal name and home address of the client or patient. Records required under this paragraph must be maintained for at least one year after a service or treatment is provided. All information required under this paragraph must be collected and recorded before any service or treatment is provided to a client or patient. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.”
What Does This Mean for Therapists and Clients?
Clients will need to bring an ID to their massage appointment. Massage therapists are now required to record the name and address from a valid form of ID from all massage establishment clients.
What Does This Mean for Inspections?
Inspectors will now be checking records to verify that massage establishments are recording this information.
Window Visibility and Signage Requirements
480.043 Massage establishments; requisites; licensure; 14 (b)
“If there is an outside window or windows into the massage establishment’s reception area, the outside window or windows must allow for at least 35 percent light penetration, and no more than 50 percent of the outside window or windows may be obstructed with signage, blinds, curtains, or other obstructions, allowing the public to see the establishment’s reception area. A sign must be posted on the front window of the establishment that includes the name and license number of the massage establishment and the telephone number that has been provided to the department as part of licensure of the establishment.”
What Does This Mean for Inspections?
Inspectors will now be checking records to verify that the public is able to see inside the establishment’s waiting/reception area from outside the building.
Preparing for the Changes
For LMTs, adjusting to these new rules might seem overwhelming at first, and some might find them a little overbearing. If you’re running or working in a massage establishment, now’s the time to review your policies and procedures to make sure you19 ’re in compliance. Need to update your recordkeeping or change your window coverings? Better to get it sorted out sooner rather than later.
For those of you just getting your license or moving to Florida, this is where my 10 hour Florida Massage Laws and Rules course can come in handy. I cover everything you need to know to make sure you’re starting off on the right foot. And for those renewing their licenses, my 2-hour Florida Massage Laws and Rules online course will help keep you up to speed with the latest changes.
Looking Forward
While some of the specifics of these new rules are still being ironed out, it’s clear that Florida is committed to ridding the state of illicit massage establishments. I’ll keep you updated with any new information.
In the meantime, if you have any questions or concerns about how these changes affect you, feel free to reach out. Or feel free to leave your thoughts about it below.
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