by: Selena Belisle, Founder/Instructor, CE Institute LLC
On May 6, 2024, Florida Gov. Ron DeSantis signed Florida House Bill (HB)197 into law. It took effect July 1, 2024. The bill appears to have been unanimously passed by both the Florida Senate and House of Representatives.
The new law is designed to strengthen legal cases against human trafficking and other abuses within the Florida massage therapy industry. Some of this law’s rules, updates, and changes are critical to understand while working in the Florida massage therapy industry.
Violations of some of these rules could result in disciplinary action or misdemeanor or felony criminal charges. If you would like legal details for any of these newly installed and/or revised rules, it is recommended to consult a licensed attorney for their legal opinion.
While these new rules will be applicable for licensed massage therapists, establishment owners and designated managers, we will review HB197 in a condensed and perhaps more comprehensible manner for massage therapists throughout our HB197 laws and rules lessons. If you’d like to review the bill, and its various proposed versions, you can do so by visiting flsenate.gov/Session/Bill/2024/197. This HB197 information is available on various government websites, including those of the Florida House, Senate and Board of Massage.
According to HB 197, a massage establishment must maintain a complete set of legible records in English or Spanish, which must include each employee’s start date of employment, full legal name, date of birth, home address, telephone number, employment position and a copy of the employee’s government identification.
All required employee information must be recorded before the employee may provide any service or treatment to a client or patient. A massage establishment must conspicuously display a 2-inch-by-2-inch photo of each employee, which, for massage therapists, must be attached to the massage therapist’s license. Such a display must also include the employee’s full legal name and employment position before providing services or treatments.
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 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.
These required client records must be collected prior to providing service and maintained for at least one year after a service or treatment is provided. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.
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 trafficking victims with 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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