By Pete Whitridge
It is my pleasure to congratulate Gerald Pagett who has just been appointed to the Florida Board of Massage Therapy by the Governor. Many of you know Gerald from his role as an administrator here at FSM. Gerald has been attending BOMT meetings for many years and comes in with a good grounding in the processes of the Board. After the meeting Gerald shared that he has a new appreciation for the role of a Board member, having now read and digested his first Board Book which ran close to 7000 pages this quarter! Congratulations Gerald and thank you for your service to the profession.
It was also a pleasure to see Nathalie Nix at the meeting, representing FSM and observing all the new Board members in action. This is the first time in over six years that there is a full contingent of seven Board members. Each new member was well informed and ready to participate in the various cases and discussions brought before the Board of Massage Therapy.
As mentioned in my last Connective Issue article, I’d like to highlight some additional recent rules changes. These concern Establishment Operations and the Designated Establishment Manager (DEM).
Establishment Operation rule changes
The rule changes for establishment operations are mostly for clarification but I think it is useful for you to understand the structure of the new rule.
There are now six specific headings: General Requirements, Facility Requirements, Safety Requirements, Sanitary Requirements, Equipment Requirements, and Colonic Irrigation Requirements. Each heading has specific expectations for owners and therapists working in any licensed establishment. Equipment maintenance is the area with the most updates and changes. Below are four examples of items which have been changed or clarified.
Rips and tears to the massage table
64B7-26.003 5(b) requires us to “Maintain massage table surfaces. Massage table surfaces must be made of, or covered by, a non-porous, non-absorbent material that is free from rips or tears.” Inspectors have requested that the Board address this issue as many locations have poorly maintained equipment. These new rules add teeth to the inspection process.
Disinfect the table
64B7-26.003 5(c) requires us to “Disinfect massage table surfaces after each patient.” (I’m sure you’re doing this but it was never previously specified in the law.)
Table Coverings
64B7-26.003 5(d) designates “table coverings” for the first time. The rule specifies that we must “Change table coverings after each patient, if the massage table surface is additionally covered by sheets, towels, or any other absorbant covering.” Nothing surprising here.
Launder after use
64B7-26.003 5(f) “Drapes and other materials must laundered after each use.”
I know you maintain your office in a clean and sanitary manner and this is common sense but to clarify, this would include things such as an extra blanket which you use and might not think to launder or making sure an eye pillow is covered with a washable case.
You can read the actual rule for Establishments – 64B7-26.003 Massage Establishment Operations by following this link: https://www.flrules.org/gateway/ruleno.asp?id=64B7-26.003&Section=0
Designated Establishment Manager Rule Changes
The DEM rules have also been updated to clarify and solidify the roles and responsibilities of the Designated Establishment Manager.
Here are the jobs of a DEM:
• Ensures everyone is properly licensed
• Ensures compliance with the new documentation requirements
• Ensures access to IDs during inspections
• Must report sexual violations
• Ensures compliance with Human Trafficking requirements
• and finally, the DEM must ensure the location operates “in a manner consistent with law and rules, preventing discipline under the provisions of Sections 456.072, and 480.046, F.S.”
The most important thing for each of you to understand is that is it grounds for disciplinary action if a location is operating without a DEM. Emergency suspension orders have been issued in about 20 cases and many more will follow. An emergency suspension order immediately places the massage establishment license on suspension and no one can work in that location until the Board office and Protection Services clears the location to resume operations.
Therapist takeaway: Be sure that you know who the DEM is for your location. If they leave the location, be sure a new DEM is reported to the Board office within 10 days. It is very easy to log in to your establishment’s DOH account to delete a DEM and add another. Failure to ensure that your location has a current DEM is everyone’s responsibility. Your practice location could be shut down with an suspension order if there is no current DEM on file. This could take a month or more to correct and you would not be able to see your clients at the location during that time.
Here is the actual rule for DEM – 64B7-26.0035 Designated Establishment Managers
https://www.flrules.org/gateway/ruleno.asp?id=64B7-26.0035
I will be back at FSM a few times in 2022. Our February class is still taking registrations and I will return in mid-October (registration is open for this class as well.) You can register for these classes on our website: www.whitridgewellness.com where you can review my schedule, pay for classes, and learn more about us. I hope to see you soon!
Be well, enjoy your practice, and be sure to have FUN!
