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.