Fla. Admin. Code R. 64B7-26.0035

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B7-26.0035 - Designated Establishment Managers

(1) The massage therapist who serves as the designated establishment manager (DEM) for a massage establishment or establishments must practice in the massage establishment or establishments where they are serving as DEM.

(2) The massage therapist who serves as the DEM of a massage establishment must ensure that the massage establishment operate in compliance with the law, Chapters 456 and 480, F.S., and Division 64B7, F.A.C.

(3) For each massage establishment, the massage therapist who serves as the DEM must:

(a) Ensure that every massage therapist, practicing in the massage establishment is duly licensed, and that the licenses of all massage therapist practicing in the massage establishment are current and active;

(b) Ensure that every employee and massage therapist practicing in the massage establishment has displayed their picture, full legal name, employment position, and for massage therapists, their license as required by Rule 64B7-23.003, F.A.C.;

(c) Ensure that the massage establishment remains in compliance with Section 480.0535(2), F.S., concerning documentation required while working in an establishment;

(d) Ensure that each licensed massage therapist and any person working in the massage establishment has unrestricted access to their own personal valid government identification to comply with Section 480.0535(1), F.S.;

(e) Upon a report of any potential violations of Section 480.0485, F.S., Rules 64B7-23.005 and/or 64B7-26.010, F.A.C., related to sexual misconduct, or sexual activity report the potential violation to the department for investigation pursuant to Section 456.073(1), F.S., within three days; and

(f) Ensure that all employees are fully clothed in accordance with Section 480.043(14), F.S.;

(g) Ensure compliance with the provisions of Sections 456.0341, and 480.043, F.S., regarding human trafficking signage and procedures by:

1. Ensuring the establishment has a reporting procedure for human trafficking pursuant to Section 480.043(13), F.S.;

2. Ensuring that all massage therapists and employees working in the establishment are aware of the establishment's procedure for reporting suspected human trafficking; and

3. No DEM shall engage in or permit any person or person to engage in sexual activity in the massage establishment or to use the massage establishment to make arrangements to engage in sexual activity in any other place. No DEM shall allow used or unused condoms in the establishment.

(4) A massage therapist who no longer serves as DEM for an establishment must notify the Board, within 3 days, that the massage therapist is no longer serving. Notification must include the license number of the establishment and the date on which the massage therapist ceased serving as DEM for the establishment.

Fla. Admin. Code Ann. R. 64B7-26.0035

Rulemaking Authority 480.035(7), 480.043(3) FS. Law Implemented 480.043(12), 480.0535 FS.

Adopted by Florida Register Volume 46, Number 161, August 18, 2020 effective 8/31/2020, Amended by Florida Register Volume 48, Number 041, March 1, 2022 effective 3/13/2022, Amended by Florida Register Volume 50, Number 231, November 26, 2024 effective 12/11/2024.

New 8-31-20, Amended 3-13-22.