Bill Text: FL S1068 | 2014 | Regular Session | Comm Sub


Bill Title: Massage Therapy

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/HB 1065 (Ch. 2014-139) [S1068 Detail]

Download: Florida-2014-S1068-Comm_Sub.html
       Florida Senate - 2014                             CS for SB 1068
       
       
        
       By the Committee on Health Policy; and Senator Latvala
       
       
       
       
       
       588-02463-14                                          20141068c1
    1                        A bill to be entitled                      
    2         An act relating to massage therapy; amending s.
    3         456.0135, F.S.; requiring an applicant for licensure
    4         under ch. 480, F.S., to submit to certain
    5         fingerprinting requirements; requiring fingerprints to
    6         be enrolled in the national retained print arrest
    7         notification program and the Care Provider Background
    8         Screening Clearinghouse; amending s. 456.074, F.S.;
    9         requiring the Department of Health to issue an
   10         emergency order suspending the license of a massage
   11         therapist or massage establishment for the commission
   12         of certain offenses; amending s. 480.041, F.S.;
   13         requiring an applicant for a massage therapist license
   14         to submit to certain background screening
   15         requirements; requiring that a massage therapist who
   16         was issued a license before a specified date meet the
   17         background screening requirements by a specified date;
   18         requiring the Board of Massage Therapy to deny an
   19         application for a massage therapy license or renewal
   20         license for certain offenses; amending s. 480.043,
   21         F.S.; requiring a person with a specified interest in
   22         a massage establishment to submit to certain
   23         background screening requirements; authorizing the
   24         department to adopt a rule related to corporate
   25         assets; requiring the department to deny an
   26         application for a massage establishment license or
   27         renewal license under certain circumstances; requiring
   28         that the owner of a massage establishment that was
   29         issued a license before a specified date submit to the
   30         background screening requirements by a specified date;
   31         exempting certain entities from massage establishment
   32         licensure requirements; amending s. 480.0465, F.S.;
   33         conforming a cross-reference; providing an effective
   34         date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 456.0135, Florida Statutes, is amended
   39  to read:
   40         456.0135 General background screening provisions.—
   41         (1) An application for initial licensure received on or
   42  after January 1, 2013, under chapter 458, chapter 459, chapter
   43  460, chapter 461, chapter 464, or s. 465.022, or chapter 480
   44  shall include fingerprints pursuant to procedures established by
   45  the department through a vendor approved by the Department of
   46  Law Enforcement and fees imposed for the initial screening and
   47  retention of fingerprints. Fingerprints must be submitted
   48  electronically to the Department of Law Enforcement for state
   49  processing, and the Department of Law Enforcement shall forward
   50  the fingerprints to the Federal Bureau of Investigation for
   51  national processing. Each board, or the department if there is
   52  no board, shall screen the results to determine if an applicant
   53  meets licensure requirements. For any subsequent renewal of the
   54  applicant’s license that requires a national criminal history
   55  check, the department shall request the Department of Law
   56  Enforcement to forward the retained fingerprints of the
   57  applicant to the Federal Bureau of Investigation unless the
   58  fingerprints are enrolled in the national retained print arrest
   59  notification program.
   60         (2) All fingerprints submitted to the Department of Law
   61  Enforcement as required under subsection (1) shall be retained
   62  by the Department of Law Enforcement as provided under s.
   63  943.05(2)(g) and (h) and (3) and enrolled in the national
   64  retained print arrest notification program at the Federal Bureau
   65  of Investigation when the Department of Law Enforcement begins
   66  participation in the program. The department shall notify the
   67  Department of Law Enforcement regarding any person whose
   68  fingerprints have been retained but who is no longer licensed.
   69         (3) The costs of fingerprint processing, including the cost
   70  for retaining fingerprints, shall be borne by the applicant
   71  subject to the background screening.
   72         (4) All fingerprints received under this section shall be
   73  entered into the Care Provider Background Screening
   74  Clearinghouse as provided in s. 435.12.
   75         Section 2. Subsection (5) is added to section 456.074,
   76  Florida Statutes, to read:
   77         456.074 Certain health care practitioners; immediate
   78  suspension of license.—
   79         (5) The department shall issue an emergency order
   80  suspending the license of a massage therapist or massage
   81  establishment as defined in chapter 480 upon receipt of
   82  information that such therapist or person with an ownership
   83  interest in the massage establishment, or for a corporation that
   84  has more than $250,000 of business assets in this state, the
   85  owner, officer, or individual directly involved in the
   86  management of the massage establishment has been convicted or
   87  found guilty of, or has entered a plea of guilty or nolo
   88  contendere to, regardless of adjudication, a felony offense
   89  under any of the following provisions of state law or a similar
   90  provision in another jurisdiction:
   91         (a) Section 787.01, relating to kidnapping.
   92         (b) Section 787.02, relating to false imprisonment.
   93         (c) Section 787.025, relating to luring or enticing a
   94  child.
   95         (d) Section 787.06, relating to human trafficking.
   96         (e) Section 787.07, relating to human smuggling.
   97         (f) Section 794.011, relating to sexual battery.
   98         (g) Section 794.08, relating to female genital mutilation.
   99         (h) Section 796.03, relating to procuring a person under
  100  the age of 18 for prostitution.
  101         (i) Section 796.035, relating to the selling or buying of
  102  minors into prostitution.
  103         (j) Section 796.04, relating to forcing, compelling, or
  104  coercing another to become a prostitute.
  105         (k) Section 796.05, relating to deriving support from the
  106  proceeds of a prostitute.
  107         (l) Section 796.07(4)(c), relating to a felony of the third
  108  degree for a third or subsequent violation as provided in s.
  109  775.082, s. 775.083, or s. 775.084.
  110         (m) Section 800.04, relating to lewd or lascivious offenses
  111  committed upon or in the presence of persons less than 16 years
  112  of age.
  113         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  114  offenses committed upon or in the presence of an elderly or
  115  disabled person.
  116         (o) Section 827.071, relating to sexual performance by a
  117  child.
  118         (p) Section 847.0133, relating to the protection of minors.
  119         (q) Section 847.0135, relating to computer pornography.
  120         (r) Section 847.0138, relating to the transmission of
  121  material harmful to minors to a minor by electronic device or
  122  equipment.
  123         (s) Section 847.0145, relating to the selling or buying of
  124  minors.
  125         Section 3. Present subsections (3) and (4) of section
  126  480.041, Florida Statutes, are redesignated as subsections (4)
  127  and (5), respectively, and a new subsection (3) and subsections
  128  (6) and (7) are added to that section, to read:
  129         480.041 Massage therapists; qualifications; licensure;
  130  endorsement.—
  131         (3) An applicant must submit to background screening under
  132  s. 456.0135.
  133         (6) Massage therapists who were issued a license before
  134  July 1, 2014, must submit to the background screening
  135  requirements of s. 456.0135 by January 31, 2015.
  136         (7) The board shall deny an application for a new or
  137  renewal license if an applicant has been convicted or found
  138  guilty of, or enters a plea of guilty or nolo contendere to,
  139  regardless of adjudication, a felony offense under any of the
  140  following provisions of state law or a similar provision in
  141  another jurisdiction:
  142         (a) Section 787.01, relating to kidnapping.
  143         (b) Section 787.02, relating to false imprisonment.
  144         (c) Section 787.025, relating to luring or enticing a
  145  child.
  146         (d) Section 787.06, relating to human trafficking.
  147         (e) Section 787.07, relating to human smuggling.
  148         (f) Section 794.011, relating to sexual battery.
  149         (g) Section 794.08, relating to female genital mutilation.
  150         (h) Section 796.03, relating to procuring a person under
  151  the age of 18 for prostitution.
  152         (i) Section 796.035, relating to the selling or buying of
  153  minors into prostitution.
  154         (j) Section 796.04, relating to forcing, compelling, or
  155  coercing another to become a prostitute.
  156         (k) Section 796.05, relating to deriving support from the
  157  proceeds of a prostitute.
  158         (l) Section 796.07(4)(c), relating to a felony of the third
  159  degree for a third or subsequent violation as provided in s.
  160  775.082, s. 775.083, or s. 775.084.
  161         (m) Section 800.04, relating to lewd or lascivious offenses
  162  committed upon or in the presence of persons less than 16 years
  163  of age.
  164         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  165  offenses committed upon or in the presence of an elderly or
  166  disabled person.
  167         (o) Section 827.071, relating to sexual performance by a
  168  child.
  169         (p) Section 847.0133, relating to the protection of minors.
  170         (q) Section 847.0135, relating to computer pornography.
  171         (r) Section 847.0138, relating to the transmission of
  172  material harmful to minors to a minor by electronic device or
  173  equipment.
  174         (s) Section 847.0145, relating to the selling or buying of
  175  minors.
  176         Section 4. Present subsections (2) through (6) of section
  177  480.043, Florida Statutes, are redesignated as subsections (3)
  178  through (7), respectively, present subsections (7) through (9)
  179  of that section are redesignated as subsections (9) through
  180  (11), respectively, and new subsections (2), (8), (12), and (13)
  181  are added to that section, to read:
  182         480.043 Massage establishments; requisites; licensure;
  183  inspection.—
  184         (2) A person who has an ownership interest in a massage
  185  establishment shall submit to the background screening
  186  requirements under s. 456.0135. However, if a corporation
  187  submits proof, as determined by department rule, of having more
  188  than $250,000 of business assets in this state, the department
  189  shall require the owner, officer, or individual directly
  190  involved in the management of the massage establishment to
  191  submit to the background screening requirements of s. 456.0135.
  192         (8) The department shall deny an application for a new or
  193  renewal license if a person with an ownership interest in the
  194  massage establishment, or for a corporation that has more than
  195  $250,000 of business assets in this state, the owner, officer,
  196  or individual directly involved in the management of the massage
  197  establishment has been convicted or found guilty of, or entered
  198  a plea of guilty or nolo contendere to, regardless of
  199  adjudication, a felony offense under any of the following
  200  provisions of state law or a similar provision in another
  201  jurisdiction:
  202         (a) Section 787.01, relating to kidnapping.
  203         (b) Section 787.02, relating to false imprisonment.
  204         (c) Section 787.025, relating to luring or enticing a
  205  child.
  206         (d) Section 787.06, relating to human trafficking.
  207         (e) Section 787.07, relating to human smuggling.
  208         (f) Section 794.011, relating to sexual battery.
  209         (g) Section 794.08, relating to female genital mutilation.
  210         (h) Section 796.03, relating to procuring a person under
  211  the age of 18 for prostitution.
  212         (i) Section 796.035, relating to selling or buying of
  213  minors into prostitution.
  214         (j) Section 796.04, relating to forcing, compelling, or
  215  coercing another to become a prostitute.
  216         (k) Section 796.05, relating to deriving support from the
  217  proceeds of a prostitute.
  218         (l) Section 796.07(4)(c), relating to a felony of the third
  219  degree for a third or subsequent violation as provided in s.
  220  775.082, s. 775.083, or s. 775.084.
  221         (m) Section 800.04, relating to lewd or lascivious offenses
  222  committed upon or in the presence of persons less than 16 years
  223  of age.
  224         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  225  offenses committed upon or in the presence of an elderly or
  226  disabled person.
  227         (o) Section 827.071, relating to sexual performance by a
  228  child.
  229         (p) Section 847.0133, relating to the protection of minors.
  230         (q) Section 847.0135, relating to computer pornography.
  231         (r) Section 847.0138, relating to the transmission of
  232  material harmful to minors to a minor by electronic device or
  233  equipment.
  234         (s) Section 847.0145, relating to the selling or buying of
  235  minors.
  236         (12) A person with an ownership interest, or for a
  237  corporation that has more than $250,000 of business assets in
  238  this state, the owner, officer, or individual directly involved
  239  in the management of, a massage establishment that was issued a
  240  license before July 1, 2014, shall submit to the background
  241  screening requirements of s. 456.0135 before January 31, 2015.
  242         (13) An entity wholly owned by one or more physicians
  243  licensed under chapter 458, chapter 459, or chapter 460 or by
  244  such physicians and the spouse, parent, child, or sibling of
  245  such physicians is exempt from the requirements of this section.
  246  As used in this subsection, the term “entity wholly owned” means
  247  a proprietorship, group practice, partnership, or corporation
  248  that provides health care services rendered by licensed
  249  physicians and health care practitioners in which the licensed
  250  physicians or such physicians and the spouse, parent, child, or
  251  sibling of such physicians are the business owners in all
  252  aspects of the business entity, including, but not limited to,
  253  being reflected as the business owners on the title or lease of
  254  the physical facility, filing taxes as the business owners,
  255  being account holders on the entity’s bank account, being listed
  256  as the principals on all incorporation documents required by
  257  this state, and having ultimate authority over all personnel and
  258  compensation decisions relating to the entity.
  259         Section 5. Section 480.0465, Florida Statutes, is amended
  260  to read:
  261         480.0465 Advertisement.—Each massage therapist or massage
  262  establishment licensed under the provisions of this act shall
  263  include the number of the license in any advertisement of
  264  massage services appearing in a any newspaper, airwave
  265  transmission, telephone directory, or other advertising medium.
  266  Pending licensure of a new massage establishment pursuant to the
  267  provisions of s. 480.043(7) s. 480.043(6), the license number of
  268  a licensed massage therapist who is an owner or principal
  269  officer of the establishment may be used in lieu of the license
  270  number for the establishment.
  271         Section 6. This act shall take effect July 1, 2014.

feedback