Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B7 - Board of Massage Therapy › Chapter 64B7-30 - DISCIPLINE › Section 64B7-30.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds that an applicant, apprentice, or licensee whom it regulates under
				Chapter 480, F.S., has committed any of the acts set forth in Sections
				480.041,
				480.043,
				480.0485,
				480.046, and
				456.072, F.S., and/or Division
				64B7, F.A.C., it shall issue a final order imposing appropriate penalties
				within the ranges recommended in the following disciplinary guidelines after
				consideration of the aggravating and mitigating factors set forth in subsection
				(4) of this rule. Discipline may include any of the following: letter of
				concern, reprimand, license with conditions, probation, suspension, revocation
				and/or fines.
(2) Disciplinary
				Guidelines:
RECOMMENDED RANGE OF
							 PENALTY
VIOLATION
FLORIDA LICENSES
TELEHEALTH REGISTRANTS
FIRST OFFENSE
ADDITIONAL OFFENSE
FIRST OFFENSE
ADDITIONAL OFFENSE
(a) Section
							 480.046(1)(a),
							 F.S. Attempting to procure a license to practice massage by bribery or
							 fraudulent misrepresentation or Section
							 456.072(1)(h),
							 F.S. Attempting to obtain, obtaining, or renewing a license to practice a
							 profession through an error of the department or the board.
If bribery or fraudulent representation is
							 found.
Denial of application, or reprimand, $250 to $1, 500
							 fine, continuing education.
Denial of application and $10, 000 fine.
$10, 000 fine and revocation
Denial of application and $10, 000 fine.
Reprimand to suspension
and corrective action plan
Revocation
Revocation
Revocation
(b) Section
							 480.046(1)(b),
							 F.S. Having a license to practice massage revoked, suspended, or otherwise
							 acted against, including the denial of licensure, by the licensing authority of
							 another state, territory, or country.
Section
							 456.072(1)(f),
							 F.S. Having a license or the authority to practice any regulated profession
							 revoked, suspended, or otherwise acted against, including the denial of
							 licensure, by the licensing authority of any jurisdiction, including its
							 agencies or subdivisions, for a violation that would constitute a violation
							 under Florida law. The licensing authority's acceptance of a relinquishment of
							 licensure, stipulation, consent order, or other settlement, offered in response
							 to or in anticipation of the filing of charges against the license, shall be
							 construed as action against the license.
Up to the comparable penalty or action imposed in
							 other jurisdiction.
Suspension to revocation
Letter of Concern to Suspension and Corrective Action
							 Plan
Suspension to Revocation
(c) Section
							 480.046(1)(c),
							 F.S. Being convicted or found guilty, regardless of adjudication, of a crime in
							 any jurisdiction which directly relates to the practice of massage or to the
							 ability to practice massage. Any plea of nolo contendere shall be considered a
							 conviction for purposes of Chapter 480, F.S.
Section
							 456.072(1)(c),
							 F.S. Being convicted or found guilty of, or entering a plea of guilty or nolo
							 contendere to, regardless of adjudication, a crime in any jurisdiction which
							 relates to the practice of, or the ability to practice, a licensee's
							 profession.
Misdemeanors
Felonies
Crimes having a factual basis related to
							 prostitution, or solicitation for prostitution, or assault, battery, abuse, or
							 which otherwise caused bodily harm.
Crimes involving fraudulent misrepresentation.
Reprimand and $250 fine
$500 fine and probation
$1, 000 fine and revocation
$10, 000 fine and suspension
$500 fine and probation or suspension
$500 fine and suspension
n/a
$10, 000 fine and revocation
Reprimand
Suspension and corrective action plan
Revocation
Suspension and corrective action plan
Suspension and corrective action plan
Suspension and corrective action plan to
							 revocation
n/a
Suspension and corrective action plan to
							 revocation
(d) Section
							 480.046(1)(d),
							 F.S. False, deceptive, or misleading advertising.
Reprimand and $500 fine to probation and $750
							 fine
Suspension and $1, 000 fine to revocation and $1, 000
							 fine
Letter of concern to suspension
Suspension and corrective action plan to
							 revocation
(e) Section
							 480.046(1)(e),
							 F.S. Advertising to induce or attempt to induce, or to engage or attempt to
							 engage, the client in unlawful sexual misconduct as described in Section
							 480.0485, F.S.
Reprimand and $1, 000 fine or suspension up to
							 revocation
Revocation
Reprimand
Suspension and corrective action plan
(f) Section
							 480.046(1)(f),
							 F.S. Aiding, assisting, procuring, or advising any unlicensed person to
							 practice massage contrary to the provisions of Chapter 480, F.S. or to a rule
							 of the department or the board.
Section
							 456.072(1)(j),
							 F.S. Aiding, assisting, procuring, employing, or advising any unlicensed person
							 or entity to practice a profession contrary to Chapters 456 and 480, F.S. or
							 the rules of the department or the board.
Suspension
Suspension and $2, 500 fine to revocation and $2, 500
							 fine
Suspension and corrective action plan
Revocation
(g) Section
							 480.046(1)(g),
							 F.S. Making deceptive, untrue, or fraudulent representations in the practice of
							 massage.
Section
							 456.072(1)(a),
							 F.S. Making misleading, deceptive, or fraudulent representations in or related
							 to the practice of the licensee's profession.
Section
							 456.072(1)(m),
							 F.S. Making deceptive, untrue, or fraudulent representations in or related to
							 the practice of a profession or employing a trick or scheme in or related to
							 the practice of a profession.
If fraudulent representation found.
Reprimand and $500 to $1, 000 fine
Suspension and $10, 000 fine
Suspension and $2, 500 fine to revocation and $2, 500
							 fine
Revocation and $10, 000 fine
Reprimand
Suspension and corrective action plan
Suspension and corrective action plan
Revocation
(h) Section
							 480.046(1)(h),
							 F.S. Being unable to practice massage with reasonable skill and safety by
							 reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other
							 type of material or as a result of any mental or physical condition.
Section
							 456.072(1)(z),
							 F.S. Being unable to practice with reasonable skill and safety to patients by
							 reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other
							 type of material or as a result of any mental or physical condition.
Suspension until ability to practice with reasonable
							 skill and safely shown to Board through evaluation by a licensed health care
							 practitioner qualified by skill and training to address respondent's mental or
							 physical condition
Revocation
Suspension and corrective action plan
Revocation
(i) Section
							 480.046(1)(i),
							 F.S. Gross or repeated malpractice or the failure to practice massage with that
							 level of care, skill, and treatment which is recognized by a reasonably prudent
							 massage therapist as being acceptable under similar conditions and
							 circumstances.
Suspension, $1, 000 fine, and continuing
							 education
Revocation and $2, 500 fine
Suspension and corrective action plan
Revocation
(j) Sections
							 480.046(1)(j),
							 456.072(1)(o),
							 F.S. Practicing or offering to practice beyond the scope permitted by law or
							 accepting and performing professional responsibilities which the licensee knows
							 or has reason to know that she or he is not competent to perform.
Reprimand, $1, 000 fine, and continuing
							 education
Suspension and $2, 500 fine to revocation and $2, 500
							 fine
Letter of Concern to Reprimand
Suspension and corrective action plan to
							 revocation
(k) Sections
							 480.046(1)(k),
							 456.072(1)(p),
							 F.S. Delegating or contracting for the performance of professional
							 responsibilities by a person when the licensee delegating or contracting for
							 performance of the responsibilities knows, or has reason to know, the person is
							 not qualified by training, experience, and authorization when required to
							 perform them.
Suspension and $1, 000 to $2, 500 fine, and
							 continuing education
Revocation and $2, 500 fine
Suspension and corrective action plan
Revocation
(l) Section
							 480.046(1)(l),
							 F.S. Violating a lawful order of the board or department previously entered in
							 a disciplinary hearing, or failing to comply with a lawfully issued subpoena of
							 the department.
Section
							 456.072(1)(q),
							 F.S. Violating a lawful order of the department or the board, or failing to
							 comply with a lawfully issued subpoena of the department.
$250 fine and suspension until compliant, and
							 continuing education
$500 fine and suspension until compliant to
							 revocation, and $500 fine
Suspension and corrective action plan
Suspension and corrective action plan to
							 revocation
(m) Section
							 480.046(1)(m),
							 F.S. Refusing to permit the department to inspect the business premises of the
							 licensee during regular business hours.
Section
							 456.072(1)(r),
							 F.S. Improperly interfering with an investigation or inspection authorized by
							 statute, or with any disciplinary proceeding.
$500 to $1, 000 fine, suspension until
							 compliant
Suspension until compliant and $500 fine to
							 revocation and $500 fine
Suspension and corrective action plan
Suspension and corrective action plan to
							 revocation
(n) Section
							 480.046(1)(n),
							 F.S. Failing to keep the equipment and premises of the massage establishment in
							 a clean and sanitary condition.
Reprimand, $250 to $1, 000 fine, suspension until
							 satisfactory re-inspection
Suspension until satisfactory re-inspection and $2,
							 500 fine to revocation and $2, 500 fine
Reprimand
Suspension and corrective action plan
(o) Section
							 480.046(1)(o),
							 F.S. Practicing massage at a site, location, or place which is not duly
							 licensed as a massage establishment, except that a massage therapist, as
							 provided by rules adopted by the board, may provide massage services, excluding
							 colonic irrigation, at the residence of a client, at the office of the client,
							 at a sports event, at a convention, or at a trade show.
Reprimand, $250 to $750 fine, reprimand and
							 continuing education
Suspension and $2, 500 fine to revocation and $2, 500
							 fine
Letter of concern to Reprimand
Suspension and corrective action plan
(p) Section
							 480.046(1)(p),
							 F.S. Violating any provision of Chapter 480 or Chapter 456, F.S. or any rules
							 adopted pursuant thereto.
Section
							 456.072(1)(b),
							 F.S. Intentionally violating any rule adopted by the board or the department,
							 as appropriate.
Section
							 456.072(1)(dd),
							 F.S. Violating any provision of Chapter 480, F.S. the applicable practice act,
							 or any rules adopted pursuant thereto.
Reprimand, $250 to $1, 000 fine, and continuing
							 education
Suspension and $1, 000 to $2, 500 fine to revocation
							 and $2, 500 fine
Suspension and corrective action plan
Suspension and corrective action plan to
							 revocation
1. Section
							 480.0465, F.S. Each massage
							 therapist or massage establishment licensed under the provisions of Chapter
							 480, F.S. shall include the number of the license in any advertisement of
							 massage services appearing in a newspaper, airwave transmission, telephone
							 directory, or other advertising medium.
Reprimand and $250 fine
Suspension until compliant and $1, 500 fine
Letter of concern to reprimand
Suspension and corrective action plan
2. Section
							 480.0485, F.S. Sexual misconduct
							 in the practice of massage therapy.
Section
							 456.072(1)(v),
							 F.S. Engaging or attempting to engage in sexual misconduct as defined and
							 prohibited in Section
							 456.063(1),
							 F.S., or Rule 64B7-26.010, F.A.C., Sexual
							 Activity Prohibited.
$2, 500 fine and revocation
n/a
Revocation
n/a
3. Section
							 456.036(1),
							 F.S. Practicing with an inactive status license, a retired status license, a
							 delinquent or suspended license.
Reprimand, $250 to $1, 000 fine, and continuing
							 education
Suspension until compliant and $2, 500 fine to
							 revocation and $2, 500 fine
Letter of Concern
Suspension and corrective action plan
(q) Section
							 456.072(1)(g),
							 F.S. Having been found liable in a civil proceeding for knowingly filing a
							 false report or complaint with the department against another licensee.
If fraudulent representation is found.
Reprimand and $500 to $1, 000 fine
$10, 000 fine and revocation
$1, 500 fine and suspension to revocation
$10, 000 fine and revocation
Reprimand
Revocation
Suspension and corrective action plan
n/a
(r) Section
							 456.072(1)(i),
							 F.S. Failing to report to the department any person who the licensee knows is
							 in violation of Chapter 456 or 480, F.S.
Reprimand and $250 to $1, 000 fine and
							 suspension
Suspension and $1, 500 fine to revocation and $1, 500
							 fine
Reprimand
Suspension and corrective action plan
(s) Section
							 456.072(1)(k),
							 F.S. Failing to perform any statutory or legal obligation placed upon a
							 license.
Reprimand and $250.00 to $1, 000 fine and continuing
							 education
Suspension and $1, 000 to $2, 500 fine, and
							 continuing education to revocation and $2, 500 fine
Reprimand
Suspension and corrective action plan
(t) Section
							 456.072(1)(l),
							 F.S. Making or filing a report which the licensee knows to be false,
							 intentionally or negligently failing to file a report or record required by
							 state or federal law, or willfully impeding or obstructing another person to do
							 so.
If fraudulent misrepresentation found.
Reprimand and $500 to $1, 000 fine to probation and
							 $1, 000 fine
Reprimand and $10, 000 fine
Suspension and $2, 500 fine to revocation and $2, 500
							 fine
$10, 000 fine and revocation
Reprimand
Revocation
Suspension and corrective action plan
n/a
(u) Section
							 456.072(1)(n),
							 F.S. Exercising influence on the patient or client for the purpose of financial
							 gain of the licensee or a third party.
Suspension and $1, 000 to $2, 500 fine to revocation
							 and $1, 000 to $2, 500 fine
Revocation and $2, 500 fine
Suspension and corrective action plan
Revocation
(v) Section
							 456.072(1)(t),
							 F.S. Failing to identify through written notice, which may include the wearing
							 of a name tag, or orally to a patient the type of license under which the
							 practitioner is practicing. Any advertisement for health care services naming
							 the practitioner must identify the type of license the practitioner
							 holds.
Reprimand and $250 fine
$1, 000 fine and reprimand
Letter of Concern to Reprimand
Suspension and corrective action plan
(w) Section
							 456.072(1)(x),
							 F.S. Failing to report to the board, or the department if there is no board, in
							 writing within 30 days after the licensee has been convicted or found guilty
							 of, or entered a plea of nolo contendere to, regardless of adjudication, a
							 crime in any jurisdiction.
Reprimand and $250 fine and continuing
							 education
Suspension and $1, 000 fine to revocation and $1, 500
							 fine
Letter of Concern to Reprimand
Suspension and corrective action plan
(x) Section
							 456.072(1)(y),
							 F.S. Using information about people involved in motor vehicle accidents which
							 has been derived from accident reports made by law enforcement officers or
							 persons involved in accidents under Section
							 316.066, F.S. or using
							 information published in a newspaper or other news publication or through a
							 radio or television broadcast that has used information gained from such
							 reports, for the purposes of commercial or any other solicitation whatsoever of
							 the people involved in the accidents.
Suspension and $500 to $1, 000 fine
Revocation and $1, 500 fine
Suspension and corrective action plan
Revocation
(y) Section
							 456.072(1)(aa),
							 F.S. Testing positive for any drug, as defined in Section
							 112.0455, F.S. on any confirmed
							 preemployment or employer-ordered drug screening when the practitioner does not
							 have a lawful prescription and legitimate medical reason for using the
							 drug.
Suspension until evaluation by a licensed health care
							 practitioner qualified by skill and training to address respondent's condition,
							 compliance with all recommendations to revocation
$500 fine and suspension until PRN evaluation,
							 compliance with all recommendations to revocation
Suspension and corrective action plan
Suspension and corrective action plan to
							 revocation
(z) Section
							 456.072(1)(bb),
							 F.S. Performing or attempting to perform health care services on the wrong
							 patient, a wrong-site procedure, a wrong procedure, or an unauthorized
							 procedure or a procedure that is medically unnecessary or otherwise unrelated
							 to the patient's diagnosis or medical condition.
Reprimand and $500 fine, and continuing
							 education
Revocation and $1, 000 fine
Letter of Concern to reprimand
Revocation
(aa) Section
							 456.072(1)(cc),
							 F.S. Leaving a foreign body in a patient, such as a sponge, clamp, forceps,
							 surgical needle, or other paraphernalia commonly used in surgical, examination,
							 or other diagnostic procedures.
Reprimand and $1, 000 fine to revocation and $1, 000
							 fine
Revocation and $1, 000 fine
Letter of Concern to Reprimand
Revocation
(bb) Section
							 456.072(1)(ee),
							 F.S. With respect to making a personal injury protection claim as required by
							 Section 627.736, F.S., intentionally
							 submitting a claim, statement, or bill that has been "upcoded" as defined in
							 Section 627.732, F.S..
Section
							 456.072(1)(ff),
							 F.S. With respect to making a personal injury claim as required by Section
							 627.736, F.S., intentionally
							 submitting a claim, statement, or bill for payment of services that were not
							 rendered.
Revocation and $2, 000 fine
n/a
Revocation
n/a
(cc) Section
							 456.072(1)(hh),
							 F.S. Being terminated from an impaired practitioner program that is overseen by
							 a consultant as described in Section
							 456.076, F.S. for failure to
							 comply, without good cause, with the terms of the monitoring or participant
							 contract entered into by the licensee, or for not successfully completing any
							 drug treatment or alcohol treatment program.
Suspension until ability to practice with reasonable
							 skill and safety shown to Board through evaluation by a licensed health care
							 practitioner qualified by skill and training to address respondent's
							 condition
Revocation
Suspension and corrective action plan
Revocation
(dd) Section
							 456.072(1)(ii),
							 F.S. Being convicted of, or entering a plea of guilty or nolo contendere to,
							 any misdemeanor or felony, regardless of adjudication under
							 18 U.S.C. s.
							 669, ss.
							 285-287, s.
							 371, s.
							 1001, s.
							 1035, s.
							 1341, s.
							 1343, s.
							 1347, s.
							 1349, or s.
							 1518 or
							 42 U.S.C. ss.
							 1320a-7b, related to the Medicaid
							 program.
Section
							 456.072(1)(ll),
							 F.S. Being convicted of, or entering a plea of guilty or nolo contendere to,
							 any misdemeanor or felony, regardless of adjudication, a crime in any
							 jurisdiction which relates to health care fraud.
Revocation and $10, 000 fine
n/a
Revocation
n/a
(ee) Section
							 456.072(pp),
							 F.S. Providing information, including written documentation, indicating that a
							 person has a disability or supporting a person's need for an emotional support
							 animal under Section 760.27, F.S. without personal
							 knowledge of the person's disability or disability-related need for the
							 specific emotional support animal.
Citation
Reprimand and $1, 000 fine, continuing education, to
							 suspension
Letter of concern
Reprimand to suspension and corrective action
							 plan
(ff) Section
							 456.072(1)(rr),
							 F.S. Except as otherwise provided by law, failing to comply with the parental
							 consent requirements of Section
							 1014.06 F.S.
Reprimand and $2, 000 to $5, 000 fine and continuing
							 education
Revocation and $10, 000 fine
Reprimand and corrective action plan
Revocation
(gg) Section
							 456.072(1)(ss),
							 F.S. Being convicted or found guilty of, entering a plea of guilty or nolo
							 contendere to, regardless of adjudication, or committing or attempting,
							 soliciting, or conspiring to commit an act that would constitute a violation of
							 any of the offenses listed in Section
							 456.074(5),
							 F.S. or a similar offense in another jurisdiction.
Revocation
n/a
Revocation
n/a
(3)
				Based upon consideration of aggravating or mitigating factors, present in an
				individual case, the Board may deviate from the penalties for the violations
				charged. The Board shall consider as aggravating or mitigating factors the
				following:
(a) The potential danger to the
				public;
(b) The length of time
				since the violation;
(c) The number
				of times the licensee has been previously disciplined by the Board;
(d) The length of time licensee has
				practiced;
(e) The actual or
				potential harm, physical or otherwise, caused by the violation;
(f) The deterrent effect of the penalty
				imposed;
(g) The potential effect
				of the penalty upon the licensees' livelihood;
(h) Any effort of rehabilitation by the
				licensee;
(i) The actual knowledge
				of the licensee pertaining to the violation;
(j) Attempts by licensee to correct or stop
				violation or refusal by licensee to correct or stop violation;
(k) Related violations against licensee in
				another state including findings of guilt or innocence, penalties imposed and
				penalties served;
(l) Actual
				negligence of the licensee pertaining to any violation;
(m) Evidence of fraud or
				misrepresentation;
(n) Damage to
				the reputation of the profession of massage therapy;
(o) Penalties imposed for related offenses
				under subsections (1) and (2), above.