Florida

Board

of

Massage Therapy

A massage therapist must report that they are no longer serving as the DEM within three days, pursuant to Rule 64B7-26.0035(3), Florida Administrative Code.

A DEM is responsible for the ensuring the massage establishment operates in compliance with the laws and rules governing massage therapy.

Specific responsibilities of the DEM can be found in Rule 64B7-26.0035, Florida Administrative Code.

To be a DEM, a massage therapist must:

• hold a clear and active license without restriction.
• be responsible for the operation of a massage establishment in accordance with Chapter 456, Florida Statutes, 480, Florida Statutes, and 64B7, Florida Administrative Code.
• be designated by the rules or practices at the establishment.

A massage therapist cannot serve as a DEM if they:

• obtained a massage establishment license by fraud or misrepresentation.
• are found guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of a massage establishment.
• Have had a final order entered against them or other disciplinary action taken against their license for sexual misconduct involving prostitution.
• Have had a final order entered against them, or other disciplinary action taken for crimes related to the practice of massage therapy involving prostitution.
• Have been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07, Florida Statutes.

Designated Establishment Manager is defined in section 480.033(11), Florida Statutes as

…a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.

Yes, if you are a massage therapist who is qualified to be a DEM, you may serve as the DEM for your own establishment.

Yes. Designated Establishment Manager is defined in section 480.033(11), Florida Statutes as

…a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.

A business manager or compliance officer may serve as the DEM of an establishment if they are qualified under this definition.

No. The DEM is not required to be present during the inspection of a massage establishment.

No. However, inspection results may be requested at any time and are provided to the massage establishment at the conclusion of the inspection.

If you receive a report of a possible violation related to sexual misconduct, you are required to report the possible violation within three days. Your report should be made in the form of a complaint (www.flhealthcomplaint.gov).

As a DEM, you should address the issue with the massage establishment.  You may also consider reporting the issue by submitting a complaint (www.flhealthcomplaint.gov).

If the establishment refuses to comply and you no longer wish to serve as the DEM of an establishment, you can also remove your designation.

No. The DEM of an establishment is named by the establishment owner.

Yes. A massage therapist may report that they are no longer serving as the DEM for the establishment.

Yes. Board staff will notify the establishment if a DEM ends their designation. If there is an email address of record for the establishment, notification will be sent to that address.

A massage establishment must name a new DEM within 10 days after the termination of a previous DEM, pursuant to 480.043(12), Florida Statutes.

Yes, if you are an establishment owner, you can change your DEM at any time.

No, unless the DEM is also an establishment owner. However, the DEM should ensure that the establishment is operating in compliance with the laws and rules which govern the license and may work with the establishment owner to ensure renewal is completed timely.

Yes, there is nothing in statute or rule prohibiting a DEM from practicing in any massage establishment.

No, an establishment can only have one DEM.

Yes. A massage therapist may serve as the DEM for more than one establishment.

Yes. A massage therapist working as an independent contractor may serve as a DEM, so long as they are qualified to serve as a DEM.

Yes, if the massage establishment owner meets the requirements to be a DEM, they may serve as the DEM of their establishment.

Designated Establishment Manager (DEM) is a massage therapist licensed in Florida with an active license without restrictions, who is named by the establishment to be responsible for the operation of the establishment in compliance with Chapters 456 and 480, Florida Statutes and Rule 64B7, Florida Administrative Code.

No, the Designated Establishment manage is required under statute to be a licensed massage therapist as defined in Section 480.033(11), Florida Statutes.

Yes. Board staff will notify the establishment and the therapist named as the DEM of the establishment when the DEM has been added. If email addresses of record are available, notification will be sent to those addresses.