Current through Reg. 50, No. 187; September 24, 2024
(1)
The massage therapist who serves as the designated establishment manager (DEM)
for a massage establishment or establishments must practice in the massage
establishment or establishments where they are serving as DEM.
(2) The massage therapist who serves as the
DEM of a massage establishment must ensure that the massage establishment
operate in compliance with the law, Chapters 456 and 480, F.S., and Division
64B7, F.A.C.
(3) For each massage
establishment, the massage therapist who serves as the DEM must:
(a) Ensure that every massage therapist,
practicing in the massage establishment is duly licensed, and that the licenses
of all massage therapist practicing in the massage establishment are current
and active;
(b) Ensure that every
massage therapist practicing in the massage establishment has displayed their
license as required by Rule
64B7-23.003, F.A.C.;
(c) Ensure that the massage establishment
remains in compliance with Section
480.0535(2),
F.S., concerning documentation required while working in an
establishment;
(d) Ensure that each
licensed massage therapist and any person working in the massage establishment
has unrestricted access to their own personal valid government identification
to comply with Section
480.0535(1),
F.S.;
(e) Upon a report of any
potential violations of Section
480.0485, F.S., Rules
64B7-23.005 and/or
64B7-26.010, F.A.C., related to
sexual misconduct, or sexual activity report the potential violation to the
department for investigation pursuant to Section
456.073(1),
F.S., within three days; and
(f)
Ensure compliance with the provisions of Sections
456.0341, and
480.043, F.S., regarding human
trafficking signage and procedures by:
1.
Ensuring the establishment has a reporting procedure for human trafficking
pursuant to Section 480.043(13),
F.S.;
2. Ensuring that all massage
therapists and employees working in the establishment are aware of the
establishment's procedure for reporting suspected human trafficking;
and
3. No DEM shall engage in or
permit any person or person to engage in sexual activity in the massage
establishment or to use the massage establishment to make arrangements to
engage in sexual activity in any other place.
(4) A massage therapist who no longer serves
as DEM for an establishment must notify the Board, within 3 days, that the
massage therapist is no longer serving. Notification must include the license
number of the establishment and the date on which the massage therapist ceased
serving as DEM for the establishment.
Rulemaking Authority
480.035(7),
480.043(3) FS.
Law Implemented 480.043(12),
480.0535
FS.
New 8-31-20, Amended
3-13-22.
