By Pete Whitridge
Welcome to autumn in Florida. Lee and I have recently been traveling in our RV, using this summer to take workshops for personal awareness and to deepen our connection. Much of this personal journey applies to my work as a massage therapist and I’d like to share some of what I’ve been learning in my upcoming classes. I will be back in Gainesville on November 16-17 for a Myofascial Components of Neck and Shoulder Pain class. Come and enjoy a bodywork weekend to reset your practice, help your body while gaining new skills, and experience a more connected state of being.
2024 STATUTORY CHANGES
Starting July 1, 2024 there are 10 statutory changes that affect all massage therapists and especially massage establishment owners. Highlights include: automatic suspension of license for specific infractions; an updated definition of “employees”; an expanded definition of who can be a “designated establishment manager”; mandates for law enforcement and code enforcement officers to inspect or investigate specific records at massage establishments; updates to advertising regulations; reduction of hours of operation; prohibitions against sleeping quarters within establishments; and suspension of licensure for failing to provide government ID and other employment documents for ALL employees during inspections by Department investigators. The new regulations tighten sexual misconduct standards and draping requirements. There is also an update to quorum requirements for Board Meetings and voting.
Below are a few issues about which I regularly receive calls from owners and therapists around the state. I will cover more of these topics in subsequent Connective Issues. As always, if you have questions or concerns about these topics and how they may affect your practice, please contact me directly by email or text.
ESTABLISHMENT RECORDS
Employment Records – When inspectors arrive for their annual establishment inspections they are now REQUIRED to review and obtain a positive government ID for all employees of the establishment. This now includes employment “start date, full legal name, date of birth, home address, telephone number and employment position, and a copy of the government identification.” Failure to have these records available is grounds for disciplinary action.
Patient Records – Inspectors are now also required to review patient records which must be in English or Spanish and MUST “include the date, time, and type of service or treatment provided, the full legal name of the employee who provided the service, and the full legal name, home address, and telephone number of the customer or patient.” In addition, “the massage establishment MUST confirm the identification of the customer or patient BEFORE the provision of any treatment…” Failure to have these records available is grounds for disciplinary action.
ESTABLISHMENT REQUIREMENTS
Window Coverings/Signage – This has been a surprise change for some establishment owners and could be a costly issue. Inspectors will be using a device to review window coverage and measure light penetration into your massage establishment. Some therapists I’ve talked to say their tinted windows didn’t meet the new standard.
“Windows must allow for at least 35 percent light penetration, and no more than 50 percent of your outside window can be obstructed by signage, blinds, curtains, or other obstructions, thus allowing the public to see the massage establishment’s reception area.”
Signage location – This is also a new requirement for “a sign to be posted on the front window which MUST include the name of the establishment, its license number (MM#), and the telephone number that has been provided to the Department as part of the licensing of the establishment.” This is a quick fix and now that you know, make sure that you post this information on the outside of your establishment to meet this new standard.
RECOMMENDATIONS:
Attend my Laws and Rules update at the November 13th FSMTA Suwannee Valley Chapter meeting. You will receive 2 of your required hours for licensure renewal due by August 31, 2025.
Get ready for inspection: if you own an establishment and you haven’t been inspected yet, the above items should be on your priority list. Your inspector comes annually, usually in the same month every year. Look at your most recent inspection sheet and plan to comply with these NEW regulatory requirements.
Attend a Board Meeting:
The Board will be developing specific rules to supplement the expectations of the Legislature when enforcing the statutes. There will be a Board of Massage meeting in Jacksonville on October 24th and 25th. I recommend that you attend this meeting if you have specific feedback to the Board about how these new statutory requirements are affecting your business. Also, the Board has offered informational workshops around the state to help therapists and establishment owners understand and incorporate all the new regulations into their operations. There is a power point presentation available to review on the Board website. There are many changes that can and will affect your practice so please take notice and avoid disciplinary action.
Future Classes:
I will offer 4 more weekend workshops throughout the renewal period. These are scheduled in March (Dynamics of the Breath), June (Techniques for Surgeries, Scars and Burns), July (Therapeutic Strategies for Pain Relief), and August (Myofascial Components of Low Back and Leg Pain). I will also offer at least two 6 hour Big 3 – Required Class workshops in Gainesville at a location to be determined. Hope to see you soon!
