MASSAGE THERAPY LAWS AND are licensure, enforcement and information. Administrative Code, and the third reviews RULES - LEGAL UPDATE 2011 The Florida Board of Massage Therapy, recent announcements and frequently asked created within the Florida Department of questions regarding massage therapy in (10 CE Hours) Health, consists of seven members appointed Florida. by the Governor and confi rmed by the Objectives Notes pertaining to the development of the Florida Senate. Board members administer List the organizations responsible for law in specifi c subject areas are detailed in and enforce the law regulating massage regulating massage therapy in Florida. the History sections, referred to at points therapy, encompassed primarily in Chapter Name the two primary legal documents throughout the text. Each corresponds to 480, Florida Statutes (FS). The Board is also regulating massage therapy in Florida. a section of the Florida Statutes or Florida empowered to pass rules that enable it to Discuss the qualifi cations and Administrative Code, with citations to the implement its statutorily authorized duties and responsibilities of the Board of Massage section and chapter number of the creating act responsibilities. These rules are contained in Therapy. and each subsequent amendatory act in the Chapter 64B7, Florida Administrative Code List changes to electronic health records Laws of Florida. (FAC). These two documents are the primary associated with 2009-172. regulating instruments for massage therapy in This chapter fulfi lls ten continuing education List the incentives and disincentives Florida: hours addressing recent legal updates for prohibiting Medicaid fraud in the health Chapter 480, Florida Statutes: Massage Massage Therapy professionals. The chapter care professions. Therapy http://www.leg.state.fl .us/ will also provide links to review legislative Explain the requirements of 2010-211 statutes/index.cfm?App_mode=Display_ changes in more detail, and direct you to regarding medical record releases. Statute&URL=0400-0499/0480/0480.html a variety of massage therapy resources for Describe the responsibilities of apprentices Rules: Chapter 64B7, Florida further information. and sponsors in an approved apprenticeship Administrative Code https://www. training program. fl rules.org/gateway/Organization. PART I: Florida Statues – Laws Describe the requirements for instructors asp?OrgNo=64b7 The Florida Statutes (found at http://www. and massage therapy students training in leg.state.fl .us/STATUTES/) are a permanent colonics irrigation. While most of the legal requirements collection of state laws organized by subject List the laws and guidelines governing associated with massage therapy are addressed area into a code made up of titles, chapters, establishments of massage therapy and in these documents, other laws regulating its parts, and sections. The Florida Statutes are requirements for the premises. practice are found in these, and other, statute updated annually by laws that create, amend, List the changes in Chapter 64B7 FAC that chapters. or repeal statutory material. Legislative became effective in 2010. Chapter 112, Florida Statutes: Public changes to the Florida Statutes effective up Offi cers and Employees: General to and including January 1, 2012, are treated Introduction Provisions as current for publication of the 2011 Florida This chapter discusses recent legislative Chapter 119, Florida Statutes: Public Statutes. This means that some material in the changes that affect practitioners of massage Records 2011 edition may not take effect up to or until therapy. As this is an ongoing process, Chapter 120, Florida Statutes: January 1, 2012. All information presented it is a good idea to get acquainted with a Administrative Procedure Act here is currently in effect unless otherwise number of web sites that provide up-to-date Chapter 408, Florida Statutes: Health Care noted. information about your legal responsibilities Administration as a professional in the fi eld. Most of the Chapter 456, Florida Statutes: Health information in this chapter is drawn from the The sections below highlight legislative Professions and Occupations: General following governmental web sites, which revisions of primary relevance to massage Provisions provide current and historical information therapists from the Florida Statutes for the regarding the legislative process and results: Because Chapter 480 Florida Statutes and 2009, 2010, and 2011 legislative sessions, but Florida Senate web site: http://www. Chapter 64B7 FAC are so central to massage it is not a complete list of all changes. For fl senate.gov practice, they are reproduced here in their example, many revisions to Chapter 112 and Florida House web site: http://www. entirety. The other chapters are excerpted in Chapter 119 FS are of a technical nature, myfl oridahouse.gov part, as necessary, to emphasize legislative for the purposes of revising laws to delete Florida Department of State: http:// changes, which are summarized. While this expired or obsolete language and correct election.dos.state.fl .us chapter highlights many of the legislative cross-references and grammatical errors, changes in massage therapy in recent years, among other functions. While these laws You will also fi nd it valuable to check the it does not address all changes. Please alter existing massage therapy regulations, Florida Department of Health Massage refer directly to the Statutes and Florida they do not require any action on the part of Therapy Web Page to learn about professional Administrative Code for the complete and practitioners, so have not been included. For updates and alerts in the fi eld of massage current version of the laws and rules. further information or detail regarding recent therapy, at: legislative changes, refer to the links and web http://www.doh.state.fl .us/mqa/massage/ Statutory changes affecting massage therapy sites noted in the chapter. index.html law occur regularly, with minor changes occurring some years, and sweeping changes New laws are listed fi rst by their new number Massage therapy regulation in others. This chapter will review select (the year the legislation was passed – 2009, The Florida Department of Health (FDH), legislative changes affecting Massage Therapy 2010, or 2011), then a dash, then the next through its Division of Medical Quality practice, focusing on the past three years, number in a the sequence, beginning with “1” Assurance (MQA), oversees licensure beginning with the most recent legislative at the start of the session, then by their title, requirements for practitioners of massage session, in 2011. The fi rst part of the chapter then by their previous bill number (HB for therapy. MQA’s three key business processes addresses changes in the Florida Statutes, House, and SB for Senate). The title and links the second discusses changes in the Florida are followed by summaries of the amended Elite CME - www.EliteCME.com Page 1 statutes, and selected portions of the revised is appropriate when a health care provider care providers will enable providers to text of the statute, which will be printed with exchanges the health record upon receipt of have cost-effective access to the medical strikethroughs and underscores to show recent a valid authorization form. The law states information needed to make sound changes in the wording (CODING: Words that the provider in such a circumstance decisions about health care, and stricken are deletions; words underlined are does not violate a right of confi dentiality, WHEREAS, maintaining the privacy and additions). For the complete text of the new is immune from civil liability for releasing security of identifi able health records is law, use the chapter number link. or accessing the patient’s health records, essential to the adoption of procedures and is deemed to not have violated or for sharing of electronic health records TITLE XXIX Public health waived any privilege protected under among health care providers involved Chapter 408 F.S. – Health care statutory or common law. The law also in the treatment of patients, NOW, administration states that anyone who forges a signature THEREFORE, See complete text at http://www.fl senate. on an authorization form or obtains an gov/Laws/Statutes/2010/Chapter408 authorization form or health record of Be It Enacted by the Legislature of the State another person under false pretenses may of Florida: Section 1. Subsection (4) of section 2009-172 Electronic health records (SB be liable for compensatory damages plus 395.3025, Florida Statutes, is amended to read: 162) attorney’s fees and costs. This law makes revisions to a number of 395.3025 Patient and personnel records; See complete revised text at Ch_2009-172.pdf provisions in Florida law regarding patient copies; examination. or http://laws.fl rules.org/2009/172 medical records and health information 4. Patient records are confi dential and must An act relating to electronic health records; technology. not be disclosed without the consent of the amending s. 395.3025, F.S.; expanding The law clarifi es that a patient’s records patient or his or her legal representative, access to a patient’s health records in order held by a hospital may be disclosed but appropriate disclosure may be made to facilitate the exchange of data between without the consent of the patient, or without such consent to: certain health care facility personnel, his or her legal representative, to health a. Licensed facility personnel, attending