Florida Senate - 2011                              CS for SB 584
       By the Committee on Health Regulation; and Senator Flores
       588-02271-11                                           2011584c1
    1                        A bill to be entitled                      
    2         An act relating to massage therapy; amending s.
    3         480.041, F.S.; requiring applicants to apply for a
    4         temporary permit upon forms prepared and furnished by
    5         the Department of Health in accordance with the Board
    6         of Massage Therapy’s rules; authorizing the Board of
    7         Massage Therapy to issue temporary permits to
    8         applicants who meet certain qualifications to practice
    9         massage therapy; providing for the expiration of
   10         temporary permits; providing limitations; amending s.
   11         480.044, F.S.; providing for a temporary permit fee;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 480.041, Florida Statutes, is amended to
   17  read:
   18         480.041 Massage therapists; qualifications; temporary
   19  permits; licensure; endorsement.—
   20         (1) Any person is qualified for licensure as a massage
   21  therapist under this act who:
   22         (a) Is at least 18 years of age or has received a high
   23  school diploma or graduate equivalency diploma;
   24         (b) Has completed a course of study at a board-approved
   25  massage school or has completed an apprenticeship program that
   26  meets standards adopted by the board; and
   27         (c) Has received a passing grade on an examination
   28  administered by the department.
   29         (2) Every person desiring to be examined for licensure as a
   30  massage therapist shall apply to the department in writing upon
   31  forms prepared and furnished by the department. Such applicants
   32  shall be subject to the provisions of s. 480.046(1). Applicants
   33  may take an examination administered by the department only upon
   34  meeting the requirements of this section as determined by the
   35  board.
   36         (3) Upon an applicant’s passing the examination and paying
   37  the initial licensure fee, the department shall issue to the
   38  applicant a license, valid until the next scheduled renewal
   39  date, to practice massage.
   40         (4) The board shall adopt rules:
   41         (a) Establishing a minimum training program for
   42  apprentices.
   43         (b) Providing for educational standards, examination, and
   44  certification for the practice of colonic irrigation, as defined
   45  in s. 480.033(6), by massage therapists.
   46         (c) Specifying licensing procedures for practitioners
   47  desiring to be licensed in this state who hold an active license
   48  and have practiced in any other state, territory, or
   49  jurisdiction of the United States or any foreign national
   50  jurisdiction which has licensing standards substantially similar
   51  to, equivalent to, or more stringent than the standards of this
   52  state.
   53         (5) An applicant for a temporary permit shall apply to the
   54  department in writing upon forms prepared and furnished by the
   55  department in accordance with the board’s rules.
   56         (a) The board may issue a temporary permit to practice
   57  massage therapy to an applicant who:
   58         1. Graduates from a massage therapy school that is
   59  accredited by an accrediting agency recognized by the United
   60  States Department of Education.
   61         2. Meets all of the qualifications for licensure under this
   62  section, except for the provision of paragraph (1)(b) which
   63  pertains to the completion of an apprenticeship program and
   64  paragraphs (1)(c), (4)(b), and (4)(c).
   65         (b) If an applicant desires to practice massage therapy
   66  before becoming licensed by examination and completes a course
   67  of study at a massage school that has been approved by the board
   68  and accredited under subparagraph (a)1., the applicant may apply
   69  for a temporary permit in accordance with rules adopted under
   70  this chapter.
   71         (c) A temporary permit is valid for 6 months after issuance
   72  by the board or until the applicant fails the massage licensure
   73  examination or receives a massage therapist license, whichever
   74  occurs first.
   75         (d) An applicant for licensure by examination who practices
   76  under a temporary permit may practice massage therapy only under
   77  the supervision of a licensed massage therapist who has a full,
   78  active, and unencumbered license.
   79         Section 2. Paragraph (m) is added to subsection (1) of
   80  section 480.044, Florida Statutes, to read:
   81         480.044 Fees; disposition.—
   82         (1) The board shall set fees according to the following
   83  schedule:
   84         (m) Temporary permit fee: $50.
   85         Section 3. This act shall take effect January 3, 2012.