The process of obtaining and maintaining a massage business license can seem complex, with requirements varying based on location and business structure. This article provides a comprehensive overview of the key aspects involved in securing and maintaining a massage business license, drawing upon specific examples and general principles.
Initial Licensure Requirements
Electronic Fingerprinting and Background Screening
A critical step in the licensure process involves undergoing a comprehensive background check. In Florida, following the 2024 legislative session, House Bill 975 mandates electronic fingerprinting for this profession. Your application cannot be approved until this requirement, along with all other licensure criteria, has been met.
Applicants for initial licensure are required to use an approved Livescan service provider to submit their fingerprints electronically to the Florida Department of Law Enforcement (FDLE). This allows for a search of Florida and national criminal history records. The results are then returned to the Care Provider Background Screening Clearinghouse (Clearinghouse) and made available to the relevant board office for consideration during the licensure process. The Livescan fingerprints submitted by the applicant will be retained by FDLE and the Clearinghouse. All costs for conducting a criminal history background screening are borne by the applicant.
It is crucial to use the correct Originating Agency Identification (ORI) when submitting fingerprints. Applicants residing outside of Florida can contact national Livescan Service Providers for assistance with electronic submission. While applicants can choose any FDLE-approved Livescan service provider, they are responsible for ensuring the results are reported to the board office and should verify the service provider’s requirements regarding additional items to bring.
Furthermore, background screening is required for every establishment owner, completed through an approved Livescan provider. The verification of massage establishment owners is conducted using the most recent filing with the Division of Corporations. It's worth noting that massage therapists who are owners may have already met this requirement, but a new background screening might be necessary if the previous screening was not retained.
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Designated Establishment Manager (DEM)
Many jurisdictions require a Designated Establishment Manager (DEM) for massage establishments. A DEM is a massage therapist with an active license without restrictions, responsible for ensuring the establishment's operation complies with all relevant statutes and administrative codes. In Florida, this includes adherence to Chapters 456 and 480, Florida Statutes, and Rule 64B7, Florida Administrative Code. Massage therapists applying for their own establishment license as an individual (sole proprietor) may serve as the DEM for that establishment. If you are changing your DEM, this requirement also applies.
Insurance Coverage
Maintaining adequate insurance coverage is a standard requirement for massage establishments. This typically includes personal injury and bodily liability insurance to protect both the business and its clients. A copy of the insurance documentation, demonstrating sufficient coverage, must be submitted. Massage therapists who carry personal injury and bodily liability coverage through a professional association may use this insurance to meet this requirement in many cases.
Fictitious Name Registration
If a massage business operates under a name different from the owner's legal name (a "doing business as" or D/B/A name), a Fictitious Name Registration is generally required. This registration is necessary if the business intends to advertise under the D/B/A name.
Health Condition Considerations
Applicants with medical conditions may need to provide additional documentation to ensure they can practice safely. This often includes:
- A letter from a Licensed Health Care Practitioner: The letter, written by a qualified healthcare professional, should explain the impact of the condition on the applicant's ability to practice massage therapy with reasonable skill and safety. It must specify whether the applicant is safe to practice without restrictions or indicate any necessary restrictions.
- Self-Explanation: A letter from the applicant, explaining the medical condition(s) or occurrence(s), including a description of all treatments and diagnoses received.
- Physician(s) Letter: A statement from the treating physician(s)/counselor(s) for each condition, indicating whether the applicant can safely practice massage therapy.
Criminal History
Applicants with a criminal history may face additional scrutiny. Individuals who have been convicted of, or entered a plea of guilty or nolo contendere to, a felony under specific chapters of the Florida Statutes (or similar offenses in other jurisdictions) may be ineligible for licensure. An exception may be made if the candidate or applicant has successfully completed a drug court program for that felony and provides proof that the plea has been withdrawn or the charges have been dismissed.
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Application Submission and Inspection
The final steps in the initial licensure process involve submitting the application, paying the required fees, and providing all necessary supporting documentation. Applications submitted without fees will not be processed. After the application is complete, the establishment will be flagged for inspection. It is essential to ensure that the physical address, establishment name, and D/B/A (if applicable) are accurate. Inspection timeframes may vary based on the location of the establishment. The establishment cannot be operated until the license has been issued and an inspection has been passed.
Maintaining Your License
Renewal Requirements
Massage business licenses typically require periodic renewal to remain active. Failure to renew an active license by the expiration date will result in the license being placed in delinquent status. While online renewal is often available, a delinquency fee may be assessed if the license is renewed after the expiration date. Operating a massage establishment with a delinquent license is prohibited. Delinquent establishment licenses will be moved to Null and Void status if they are still not renewed 120 days after the renewal deadline. A Null and Void license cannot be reactivated.
Change of Name/Location
Any changes to the business name or location require notification to the relevant licensing board. It's important to verify that a change of ownership has not occurred before submitting a change of name/location application. Operating in a new location without completing the change of location process constitutes unlicensed activity, which may result in citation, fines, disciplinary action against licensees working in the unlicensed location, and criminal penalties.
Ongoing Compliance
Maintaining compliance with all applicable laws and regulations is crucial for continued licensure. This includes adhering to advertising standards, maintaining proper hygiene and sanitation practices, and ensuring that all employees are properly licensed and qualified.
Additional Considerations
Local Regulations
In addition to state-level requirements, massage businesses may also be subject to local regulations. For example, in Colorado Springs, Ordinance 22-30 states that on or after September 1, 2022, it shall be unlawful for any person to operate a massage business without possessing a valid massage business license for each premises where the massage business operates. It is essential to research and comply with all applicable city and county ordinances.
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Exemptions
Some jurisdictions may offer exemptions from certain licensing requirements for specific types of massage therapists or businesses. For instance, in Colorado Springs, self-employed massage therapists operating in a business location that meets certain criteria may be eligible for a self-employment exemption. It is important to review the specific exemption qualifications outlined in the relevant city codes.
Solo vs. Multiple Establishment Applications
The documentation required for a massage business license may differ depending on whether the application is for a solo establishment or a multiple establishment. For example, in some cases, solo establishment applications may require a notarized CORI Acknowledgement Form for the establishment owner, establishment operator, and the solo massage therapist, as well as a floor plan with measurement specifications and local permits (if applicable). Multiple establishment applications may require a notarized CORI Acknowledgement Form for the establishment owner, establishment operator, and the compliance officer, as well as a floor plan with measurement specifications.
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