CE INSTITUTE LLC BLOG

by: Selena Belisle, Founder/Instructor, CE Institute LLC

Due to the prevalence of human trafficking in the massage industry, House Bill 197 was enacted to help prevent this atrocious modern day slavery.  

HB197 requires that  each licensed massage therapist or establishment shall include their license number in any massage therapy service advertisements, including anything on the internet, newspaper, radio, podcast, airwave transmission, phone book and all other advertising mediums.

The advertisement must also include the physical address of the massage establishment and the telephone number that has been provided to the department as part of the licensing of the establishment. An exception to this rule is when the physical address and telephone number are not required for a massage establishment advertisement when the owner operates more than five locations of the same establishment within Florida. 

Any advertising that states prostitution services, escort services, or sexual services are available is prohibited, regardless of who posts or publishes the ad.

A person operating a massage establishment may not use or permit the establishment to be used as a principal or temporary domicile for, to shelter or harbor, or as sleeping or napping quarters for any person unless the establishment is zoned for residential use under a local ordinance. 

This rule will likely make it more difficult for licensed massage therapists to be able to get an establishment license at their home or a primary residence. It has been common for human traffickers to house their victims by posing them as massage therapists within a licensed massage establishment. These rules exist to help prevent human trafficking, especially when traffickers have their victims working and living in the same place of business. 

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

by: Selena Belisle, Founder/Instructor, CE Institute LLC

House Bill 197 aka HB197 was enacted in 2024 to help "clean up" the Florida massage therapy industry.  In order to provide our government and law enforcement agencies the means to more effectively identify persons engaging in human trafficking at massage establishments, the following are now strictly enforced with HB197: 

• Sexual activity in a massage establishment is prohibited. An establishment owner or employee may not engage in or allow any person to engage in sexual activity in the establishment or use the establishment to make arrangements to engage in sexual activity in another location.
• Used or unused condoms are prohibited in a massage establishment.
• If there is an outside window or windows into the massage establishment’s reception area, the outside window or windows must allow for at least 35% light penetration.
• No more than 50% of the outside window(s) may be obstructed with signage, blinds, curtains, or other obstructions so that the public can see inside the establishment’s reception area.
• A sign must be posted on the front window of the establishment that includes the name and license number of the massage establishment and the telephone number that has been provided to the department as part of the licensure of the establishment.
• The window or signage requirement does not apply to a massage establishment within a public lodging establishment as defined by the board, nor to a massage establishment located within a county or municipality where following this requirement would result in other government noncompliance.
• All employees within the massage establishment must be fully clothed, and such clothing must be fully opaque and made of nontransparent material that does not expose the employee’s genitalia. This requirement does not apply to an employee, excluding a massage therapist, of a public lodging establishment, as defined in s. 509.013(4), that is licensed as a clothing-optional establishment and chartered with the American Association for Nude Recreation. 

These are just some of the highlights of Florida's House Bill 197 to require better identification practices amongst massage therapy establishments to help prevent human trafficking within the massage industry.  To learn more rules, laws, human trafficking prevention and more, please visit: https://ceinstitute.com/collections/mandatory 

by: Selena Belisle, Founder/Instructor, CE Institute LLC

In order to immediately respond to the most serious claims and concerns within Florida's massage industry, House Bill 197 was enacted in 2024 to provide our government the authority to immediately suspend a license under certain circumstances. 

The department shall issue an emergency order suspending the license if there has been an arrest for committing or attempting, soliciting, or conspiring to commit, or convicted or found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of any of the following felony offenses:

• Relating to kidnapping;
• Relating to false imprisonment;
• Relating to luring or enticing a child;
• Relating to human trafficking;
• Relating to human smuggling;
• Relating to sexual battery; 
• Relating to female genital mutilation;
• Relating to procuring a person under the age of 18 for prostitution;
• Relating to the selling or buying of minors into prostitution;
• Relating to forcing, compelling, or coercing another to become a prostitute;
• Relating to deriving support from the proceeds of prostitution;
• Relating to a felony of the third degree for a third or subsequent violation relating to prostitution and related acts; 
• Relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
• Relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person;
• Relating to sexual performance by a child; 
  Relating to the protection of minors;
• Relating to computer pornography;
• Relating to the transmission of material harmful to minors by electronic device or equipment; 
• Relating to the selling or buying of minors;

The department shall issue an emergency order suspending the license of any licensee upon a finding of the State Surgeon General that probable cause exists to believe that the licensee has committed sexual misconduct or other public hazard. 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.

If you have legal questions about House Bill 197 details or Florida laws and rules in general, you should consult a licensed attorney for their legal opinion. This is just one abbreviated/translated excerpt of HB197. To help prevent human trafficking within the massage establishments and make the overall massage therapy industry safer, please register for rules, laws and human trafficking prevention training at: https://ceinstitute.com/collections/mandatory 

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

by: Selena Belisle, Founder/Instructor, CE Institute LLC

To provide the department and law enforcement agencies the means to more effectively identify, investigate, and arrest persons engaging in human trafficking, an employee or any person performing massage therapy in a massage establishment therein must immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment. An investigator of the department must request valid government identification from all employees while in the establishment. A valid government identification includes:

• A valid, unexpired driver’s license issued by any state, territory, or district of the United States;
• A valid, unexpired identification card issued by any state, territory, or district of the United States;
• A valid, unexpired United States passport;
• A naturalization certificate issued by the United States Department of Homeland Security;
• A valid, unexpired alien registration receipt card (green card); or
• A valid, unexpired employment authorization card issued by the United States Department of Homeland Security. 

A massage establishment operator must immediately present a valid government identification while in the establishment when requested by the investigator. A documented copy of each employee and any person performing massage therapy in the establishment must be maintained by the establishment. 

The department shall notify a federal immigration office if a person operating a massage establishment, an employee, or any person performing massage therapy in a massage establishment fails to provide valid government identification as required under this section. 

Violations of these requirements could result in criminal misdemeanor or felony charges, punishable by law. 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.

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 require better identification practices amongst massage therapy establishments to help prevent human trafficking within the massage industry.  To learn more rules, laws, human trafficking prevention and more, please visit: https://ceinstitute.com/collections/mandatory 

by Selena Belisle, Founder/Instructor, CE Institute LLC

Massage therapy establishments are required to have a Designated Establishment Manager (DEM), even if there is only one self-employed individual working in a licensed establishment, that one person would be the DEM. All licensed maassage therapy establishments must name and perpetually maintain a DEM by January 1, 2020. 

A DEM must be:

• A licensed Massage Therapist with a clear and active license without restriction.
• Practice at the establishment (and replaced if they leave the establishment).
• Be responsible for the operation of the establishment in accordance with the laws and rules.

Being a DEM for a licensed massage therapy establishment is serious business.  The Florida board of massage could hold the DEM responsible if they found unlicensed practitioners working at the establishment, or other Florida laws or rules violations! If you are considering becoming a DEM for your establishment, it would be a good idea to brush up on your Florida laws and rules requirements before doing so!

The Florida Board of Massage requires that a Florida Licensed Massage Establishments develop a plan to report suspected human trafficking.  Massage establishment owners must develop this reporting plan on their own, with their manager, DEM or another professional such as a:

• Human resources professional or department
• Legal department or business lawyer
• Business advisor
• Any trusted professional business consultant who can advise in business operations

It is recommended to print your plan to report suspected human trafficking and keep it in an accessible place available to all massage establishment staff.  The plan should also be available for an inspector if requested during a massage establishment inspection. Your plan should include a list of available agencies to report any suspected human trafficking, any safety issues that might be of concern with reporting and all other appropriate matters advised by those writing the plan. 

To learn more about Florida laws or human trafficking prevention, please register for one of our courses at: https://ceinstitute.com/collections/mandatory

by: Selena Belisle, Founder/Instructor, CE Institute LLC

The Florida Board of Massage is has enforced several measures to address the catastrophic human trafficking problem we face in the State of Florida's massage therapy industry.  All of these new measures are addressed in this course – they include:

1. Florida Licensed Massage Therapists must complete a 1 CE Hour course in Human Trafficking (this is the course).
2. Florida Licensed Massage Establishments must post signage about Human Trafficking (instructions and links for these FREE signs are included in this course).
3. Florida Licensed Massage Establishments must appoint a Designated Establishment Manager (also known as a DEM).
4. Florida Licensed Massage Establishments must have a plan for reporting suspected human trafficking (a list of agencies to report suspected trafficking are included in this course).
5. HB197 was passed with greater laws to help prevent trafficking abuses.

Florida is now requiring Human Trafficking prevention training for the following healthcare professionals as part of their CE requirement to relicense: 

•    Massage Therapy
•    Physical Therapy
•    Acupuncture
•    Medicine
•    Osteopathic Medicine
•    Chiropractic Medicine
•    Podiatric Medicine
•    Optometry
•    Pharmacy
•    Dentistry
•    Nursing Home Administration
•    Occupational Therapy
•    Dietetics and Nutrition
•    Respiratory Care 

The Florida Board of Massage requires that ALL Florida Licensed Massage Establishments post a sign about human trafficking in a conspicuous place accessible to staff by January 1, 2021. The sign must be at least 11 x 15 inches and in at least 32-point type. The sign must contain statutorily required language and be posted in English and Spanish. The Florida Board of Massage provided Mandarin translations of these signs for use in massage establishments where the Mandarin language is used. If the Mandarin language is spoken in your massage establishment, then you must post the version of this sign that includes English, Spanish & Mandarin languages.

At the end of this paragraph is a website URL to the Human Trafficking sign that is available in English & Spanish languages.  Please remember, when printing the sign, the sign must be at least 11 x 15 inches and in at least 32-point type and it must be posted in a conspicuous place accessible to massage establishment staff by January 1, 2021:  http://flhealthsource.gov/humantrafficking/docs/HumanTraffickingPoster-Eng-Span.pdf

At the end of this paragraph is a website link to a Human Trafficking sign that is available in in English, Spanish & Mandarin languages. If the Mandarin language is spoken or used in your establishment, then you must post a sign that includes the Mandarin language as well as English & Spanish.  Please remember, when printing the sign, the sign must be at least 11 x 15 inches and in at least 32-point type and it must be posted in a conspicuous place accessible to staff by January 1, 2021:  http://flhealthsource.gov/humantrafficking/docs/HumanTraffickingPoster-All.pdf

To learn more about human trafficking prevention, please register for one of our courses at: https://ceinstitute.com/collections/mandatory

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

The Florida Board of Health and MQA (Medical Quality Assurance) departments no longer mail licenses to healthcare professionals.  Healthcare professionals must download, carry and post their own licenses as required by law.

In this video, CE Institute LLC founder Selena Belisle will demonstrate where and how a Florida licensee can download their own e-license from Florida state's website. She will use a Florida massage therapist license as an example; however, this example can be used with almost any healthcare license or provider within Florida State: