By Pete Whitridge
Welcome to Fall! In my work on the Probable Cause Panel for the Board of Massage Therapy, we’ve begun seeing many cases involving the new Designated Establishment Manager (DEM) requirements. Most cases involve establishment owners failing to name a new DEM within 10 days following a therapist’s resignation from the position. A few cases involve establishment owners using false or former employees as the DEM. Other cases involve therapists failing to inform the Board within 3 days when they have resigned as the DEM at an establishment.
This was brought close to home recently when I got a call from a former student asking for assistance with two issues regarding the DEM process. In the first instance, the therapist realized that she hadn’t informed the Board about resigning as the DEM from a former place of employment. She was worried that she’d be fined by the Board for failing to notify them within the required 3 day period. I reminded her that the Board was more interested in her coming into compliance than fining and disciplining her; at most she would receive a Letter of Guidance from the Board for a minor, first infraction. While this would remain on her permanent record, it does not involve a fine.
The second issue for her was more concerning. A different massage establishment had listed her as their DEM even though she didn’t work there and had chosen not to work with that location owner. In this case, I reminded her that the establishment owner had broken the law and that she should consider filing a complaint against the establishment for falsely using her name and massage therapy license number. I also suggested that she write an email to the owner informing them of the infraction, telling them she had removed herself from the position and that they should change their DEM immediately. In both cases, we consulted the MQA Online Services Portal on the Department of Health website and made the appropriate changes to her DEM status.
The Board has created a resource page for information about DEM compliance. That link has information about getting into your online portal and how to change your DEM status. Here is the link. This is an excellent primer for all therapists. If you are currently the DEM of your own establishment or at a location where you work, it is vital that you understand your responsibilities and obligations. Here is a link to the complete rules for Designated Establishment Managers as well as a list of DEM FAQs
Final reminder for all therapists – The CE renewal season will begin heating up as we countdown to August 2023. I recommend that you complete your CE hours early and make sure that at least 12 hours are “relevant to and focused on massage therapy techniques, skills, or protocols.” You may again opt to take classes in person or by distance learning, but be aware that “general” category hours do not qualify for these 12 required hours. Be confident that the provider you’re studying with has course approval by checking the CEBroker.com website or by contacting a renewal specialist at the Board office.
Resources and references:
https://floridasmassagetherapy.gov/dem-faqs/
https://floridasmassagetherapy.gov/pdfs/DEM-One-Page-Update.pdf
