by: Selena Belisle, Founder/Instructor, CE Institute LLC
House Bill 197 was enacted in 2024, to help prevent human trafficking abuses and sexual activity within the Florida massage industry. The bill has a multitude of components to it, including defining sexual activity.
“Sexual activity” means any direct or indirect contact by any employee or person, or between any employees or persons, with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any employee or person.
This sexual activity is likely to cause such abuse, humiliation, harassment, degradation, arousal, or sexual gratification under the following circumstances:
- With or without the consent of the employee or person;
- With or without verbal or nonverbal communication that the sexual activity is undesired;
- With or without the use of any device or object;
- With or without the occurrence of penetration, orgasm, or ejaculation;
- Including, but not limited to, intentional contact with the genitalia, groin, femoral triangle, anus, buttocks, gluteal cleft, breast or nipples, mouth, or tongue;
- Including, but not limited to, the intentional removal of any drape without specific written informed consent of the client or patient.
It’s important to note that the “sexual activities" description (above) includes intentional contact with buttocks. To interpret this law, one must observe this is about INTENT. Buttocks or hip work is prohibited if it causes: abuse, humiliation, harassment, degradation, arousal, or sexual gratification. Our interpretation is hip work is acceptable as long as the practitioner can demonstrate it does not fall under HB 197’s definition of “sexual activity” (i.e. post-surgical hip work for hip replacement, therapeutic sports massage, etc. should all be acceptable practices). To learn more, we would recommend consulting an attorney for a legal interpretation of this language or law, so that you can be advised of your individual legal business rights and obligations.
The State Surgeon General is the government office, or board, which can make a legal determination when safety to the public is jeopardized. A massage establishment that operates in violation of certain laws and rules is declared a nuisance and may be abated or enjoined, in addition to possible criminal charges.
These are just some of the highlights of Florida's House Bill 197 to help prevent sexual activity and human trafficking within the massage therapy industry. To learn more rules, laws, human trafficking prevention and more, please visit: https://ceinstitute.com/collections/mandatory
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