HB 1341 — Massage Therapy

480.033 s.

477.0135 Exemptions.— (1) This chapter does not apply to the following persons Page 56 of 1819 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 (1) This chapter does not apply to the following persons when practicing pursuant to their professional or occupational responsibilities and duties:

Paragraph (f) of subsection (1) of section 477.0265, Florida Statutes, is amended to read:

477.0265 Prohibited acts.— (1) It is unlawful for any person to:

(f) Advertise or imply that skin care services or body wrapping, as performed under this chapter, have any relationship to the practice of massage therapy as defined in s.

480.033 s.

480.033(3), except those practices or activities defined in s.

477.013.

Section 10.

Section 10.11.

480.035 Board of Massage Therapy.— (2) Five members of the board shall be licensed massage therapistsPage and7 shall have been engaged in the practice of massage19 therapyCODING: for not less than 5 consecutive years prior to the date of appointment to the board.

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words underlined are additions.

hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1341 2020 therapists and shall have been engaged in the practice of massage therapy for not less than 5 consecutive years prior to the date of appointment to the board.

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hb1341-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1341 2020 Section 11.

Section 12.13.

480.046 Grounds for disciplinary action by the board.— (1)Page The8 following acts constitute grounds for denial of a19 licenseCODING: or disciplinary action, as specified in s.

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words underlined are additions.

hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1341 2020 (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.

(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly Pagerelates 7to the practice of 18massage CODING:therapy or to the ability to practice massage therapy.

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words underlined are additions.

hb1341-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1341 2020 relates to the practice of massage therapy or to the ability to practice massage therapy.

In enforcing this paragraph, the department shall have, upon probable cause, may authority to compel a massage therapist to submitPage to9 aof mental19 orCODING: physical examination by physicians designated by the department.

Failure of a massage therapist to submit to such examination when so directed, unless the failure was due to circumstances beyond her or his control, constitutes shall constitute an admission of the allegations against her or him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence.

A massage therapist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of Page 8 of 18 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 massagesubmit therapyto witha reasonablemental skillor andphysical safetyexamination toby clients.physicians designated by the department.

Failure of a massage therapist to submit to such examination when so directed, unless the failure was due to circumstances beyond her or his control, constitutes shall constitute an admission of the allegations against her or him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence.

A massage therapist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of massage therapy with reasonable skill and safety to clients.

(o) Practicing massage therapy at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board rule, may provide massage therapy services, excluding colon hydrotherapy colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.

Section 13.14.

480.0465Page Advertisement.—Each10 massage therapist or massage establishment licensed under the provisions of this19 actCODING: shall include the number of the license in any advertisement of massage therapy services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium.

Pending licensure of a new massage establishment pursuant to the provisions of s.

480.043(7), the license number of a licensed massage therapist who is an owner or principal officer of the establishment may be used in lieu of the license number for the establishment.

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hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 Section480.0465 14.Advertisement.—Each massage therapist or massage establishment licensed under the provisions of this act shall include the number of the license in any advertisement of massage therapy services appearing in a newspaper, airwave transmission, telephone directory, or other advertising medium.

Pending licensure of a new massage establishment pursuant to the provisions of s.

480.043(7), the license number of a licensed massage therapist who is an owner or principal officer of the establishment may be used in lieu of the license number for the establishment.

Section 15.

Section 15.

Section 480.052, Florida Statutes, is amended to read:

480.052 Power of county or municipality to regulate massage therapy.—A county or municipality, within its jurisdiction, may regulate persons and establishments licensed under this chapter.

Such regulation shall not exceed the powers of the state under this act or be inconsistent with this act.

This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons or establishments not licensed pursuant to this act.

SubsectionsSection (1)480.052, andFlorida (2)Statutes, ofis sectionamended 480.0535, Page 1011 of 1819 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 Florida Statutes, are amended to read:

480.052 Power of county or municipality to regulate massage therapy.—A county or municipality, within its jurisdiction, may regulate persons and establishments licensed under this chapter.

Such regulation shall not exceed the powers of the state under this act or be inconsistent with this act.

This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons or establishments not licensed pursuant to this act.

Section 17.

Subsections (1) and (2) of section 480.0535, Florida Statutes, are amended to read:

(b) A valid, unexpired identification card issued by any state,Page territory,12 or district of the19 UnitedCODING: States;

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words underlined are additions.

hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1341 2020 state, territory, or district of the United States;

(a) Immediately present, upon the request of an Pageinvestigator 11 of 18the CODING:department or a law enforcement officer:

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words underlined are additions.

hb1341-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1341 2020 investigator of the department or a law enforcement officer:

Section 17.

Section 627.6407, Florida Statutes, is amended to read:

627.6407 Massage.—Any policy of health insurance that provides coverage for massage shall also cover the services of persons licensed to practice massage therapy pursuant to chapter 480, where the massage therapy, as defined in chapter 480, has been prescribed by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461, as being medically necessary and the prescription specifies the number of treatments.

Section 627.6619,627.6407, Florida Statutes, is amended to read:

627.6619627.6407 Massage.—Any policy of health insurance that provides coverage for massage shall also cover the services of Page 1213 of 1819 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 persons licensed to practice massage therapy pursuant to chapter 480, where the massage therapy, as defined in chapter 480, has been prescribed by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461, as being medically necessary and the prescription specifies the number of treatments.

Section 627.6619, Florida Statutes, is amended to read:

627.6619 Massage.—Any policy of health insurance that provides coverage for massage shall also cover the services of persons licensed to practice massage therapy pursuant to chapter 480, where the massage therapy, as defined in chapter 480, has been prescribed by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461, as being medically necessary and the prescription specifies the number of treatments.

Section 20.

627.733 must provide personal injury protection to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motorPage vehicle14 and suffering bodily injury while not an occupant of a19 self-propelledCODING: vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:

(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing Page 13 of 18 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 servicesmotor ifvehicle theand individualsuffering receivesbodily initialinjury serviceswhile not an occupant of a self-propelled vehicle, subject to subsection (2) and careparagraph pursuant(4)(e), to subparagrapha 1.limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:

(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1.

Upon referral by a provider described in subparagraph 1., followup services and care consistent with the underlying medicalPage diagnosis15 renderedof pursuant19 toCODING: subparagraph 1.

which may be provided, supervised, ordered, or prescribed only by a physician licensed under chapter 458 or chapter 459, a chiropractic physician licensed under chapter 460, a dentist licensed under chapter 466, or, to the extent permitted by applicable law and under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist, by a physician assistant licensed under chapter 458 or chapter 459 or an advanced practice registered nurse licensed under chapter 464.

Followup services and care may also be provided by the Page 14 of 18 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 followingmedical personsdiagnosis orrendered entities:pursuant to subparagraph 1.

which may be provided, supervised, ordered, or prescribed only by a physician licensed under chapter 458 or chapter 459, a chiropractic physician licensed under chapter 460, a dentist licensed under chapter 466, or, to the extent permitted by applicable law and under the supervision of such physician, osteopathic physician, chiropractic physician, or dentist, by a physician assistant licensed under chapter 458 or chapter 459 or an advanced practice registered nurse licensed under chapter 464.

Followup services and care may also be provided by the following persons or entities:

A health care clinic licensed under part X of chapter 400 which is accredited by an accrediting organization whose standards incorporate comparable regulations required by this state,Page or16 (I)of Has19 aCODING: medical director licensed under chapter 458, chapter 459, or chapter 460;

(II) Has been continuously licensed for more than 3 years or is a publicly traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange;

and (III) Provides at least four of the following medical specialties:

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hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 (A)state, Generalor medicine.(I) Has a medical director licensed under chapter 458, chapter 459, or chapter 460;

(II) Has been continuously licensed for more than 3 years or is a publicly traded corporation that issues securities traded on an exchange registered with the United States Securities and Exchange Commission as a national securities exchange;

and (III) Provides at least four of the following medical specialties:

(A) General medicine.

up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured personPage had17 anof emergency19 medicalCODING: condition.

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hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1341 2020 person had an emergency medical condition.

457.102, regardless of the person, entity, or licensee providing massage therapy or acupuncture, and a licensed massage therapist or Pagelicensed 16acupuncturist ofmay 18not CODING:be reimbursed for medical benefits under this section.

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words underlined are additions.

hb1341-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1341 2020 licensed acupuncturist may not be reimbursed for medical benefits under this section.

Insurers may not require that property damagePage liability18 insuranceof in19 anCODING: amount greater than $10,000 be purchased in conjunction with personal injury protection.

Such insurers shall make benefits and required property damage liability insurance coverage available through normal marketing channels.

An insurer writing motor vehicle liability insurance in this state who fails to comply with such availability requirement as a general business practice violates part IX of chapter 626, and such violation constitutes an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance.

An insurer committing such violation Page 17 of 18 CODING:

hb1341-00hb1341-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1341 2020 isdamage subjectliability toinsurance thein penaltiesan providedamount undergreater thatthan part,$10,000 asbe wellpurchased asin thoseconjunction providedwith elsewherepersonal ininjury theprotection. insurance code.

SectionSuch 20.insurers shall make benefits and required property damage liability insurance coverage available through normal marketing channels.

An insurer writing motor vehicle liability insurance in this state who fails to comply with such availability requirement as a general business practice violates part IX of chapter 626, and such violation constitutes an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance.

An insurer committing such violation is subject to the penalties provided under that part, as well as those provided elsewhere in the insurance code.

Section 21.

Section 21.22.

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