Designated Establishment Managers (DEM) FAQs
Are massage establishments notified when a DEM ends their designation?
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.
Are licensees notified when named as the DEM of an establishment?
Yes. Board staff will notify the establishment and the licensee 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.
Can health care practitioners other than massage therapists serve as the DEM?
Yes, the DEM is required under statute to be a licensed massage therapist; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460.
Can a massage establishment owner be 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 who holds a clear and active license without restriction; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, 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.
Can a massage therapist working as an independent contractor serve as a DEM?
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.
Can a licensee be the DEM of more than one establishment?
Yes, a licensee may serve as the DEM for more than one establishment.
Can a massage establishment have multiple DEMs?
No, an establishment can only have one DEM.
Can a DEM practice in other establishments?
Yes, there is nothing in statute or rule prohibiting a DEM from practicing in any massage establishment.
Can a DEM renew an establishment license?
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.
Can I change my DEM?
Yes, if you are an establishment owner, you can change your DEM at any time.
How long does a massage establishment have to name a new DEM?
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.
How long does a massage therapist have to report that they are no longer serving as the DEM for an establishment?
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.
I no longer wish to serve as the DEM for an establishment. Can I remove this designation?
Yes. A massage therapist may report that they are no longer serving as the DEM for the establishment.
I wish to serve as the DEM for an establishment. Can I designate myself?
No. The DEM of an establishment is named by the establishment owner.
I serve as the DEM for a massage establishment which is not compliant with laws and rules. What should I do?
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.
I received a report of possible sexual misconduct in the establishment where I serve as DEM. What should I do?
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).
Is the DEM provided with inspection results?
No. However, inspection results may be requested at any time and are provided to the massage establishment at the conclusion of the inspection.
Is the DEM required to be present during the inspection of the massage establishment?
No. The DEM is not required to be present during the inspection of a massage establishment.
My establishment already has a business manager or compliance officer. Is a DEM still required?
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; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, 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.
Can I be my own DEM?
Yes, if you are a massage therapist, a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, who is qualified to be a DEM, you may serve as the DEM for your own establishment.
What is a DEM?
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; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, 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.
What are the qualifications of a DEM?
To be a DEM, a licensee 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 licensee 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.
What are the responsibilities of a DEM?
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.