New Background Check Requirement for All Florida-Licensed Massage Therapists

A new law was passed in Florida this year, s.456.0135, F.S, which imposes new background check requirements on massage therapists.  Under the new law, all Florida-licensed massage therapists who received their license prior to July 1, 2014 must complete a criminal background check prior to January 31, 2015.  Massage therapists who have certain types of felony offenses in their records (explained in more detail below) will have their licenses suspended. Here are the specifics of the new law and how it affects you: Current Licensees Under the new law, the following individuals must undergo a criminal background screening prior to January 31, 2015:

• All massage therapists licensed in Florida prior to July 1, 2014
• Any person with an ownership interest in a massage establishment licensed in Florida prior to July 1, 2014, or
• If the massage establishment is owned by a corporation that has more than $250,000 of business assets in Florida, the owner, officer or individual directly involved in the management of the establishment is required to submit to background screening.

If you were convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any provision of state law listed here, or a similar provision in another jurisdiction, the Florida Department of Health (Department) will issue an emergency order suspending your massage license or massage establishment license. Applicants for Licensure All applicants for licensure as a massage therapist or massage establishment must undergo a criminal background screening prior to licensure. The Department will deny the application or renewal if the applicant is found to have been convicted of, or to have entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony offense under any of the provisions of state law on the list linked above, or any similar provision in another jurisdiction. How to Get Your Background Check Done Licensees must use a Livescan service provider to electronically submit a set of fingerprints to the Florida Department of Law Enforcement (FDLE) for purposes of the background check.

Here are the Steps to Follow:

For Licensed Massage Therapists:

Step 1 - Read the Livescan Privacy Statement (3 pages), and fill out the Confirmation of Receipt of FBI/FDLE Privacy Policy form on page 3.  Mail the completed page 3 to the Board of Massage Therapy at the address on the form.

Step 2 - Contact a Livescan service provider to obtain the fingerprints. The list of approved Livescan providers can be found here.  Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. (Expect to pay $80-$120).  You must take the Electronic Fingerprinting Form with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department. It is important to use the correct Originating Agency Identification (ORI) when submitting fingerprints. The ORI number for the Board of Massage Therapy is EDOH4600Z.

For Licensed Massage Establishments:

Step 1 - Complete and return a Massage Establishment Ownership Information Form for every person who has an ownership interest in the massage establishment, unless the establishment has more than $250,000 in business assets in this state. If the establishment has more than $250,000 in business assets in this state, please see the instructions on the form for additional information required.

Step 2 - Read the Livescan Privacy Statement (3 pages), and fill out the Confirmation of Receipt of FBI/FDLE Privacy Policy form on page 3. Mail the completed page 3 to the Board of Massage Therapy at the address on the form.

Step 3 - Contact a Livescan service provider to obtain the fingerprints. The list of approved Livescan providers can be found here.  Please note that you will be required to pay a fee directly to the Livescan provider for this service. The total fee charged by each service provider varies. You must take the Electronic Fingerprinting Form with you to the Livescan service provider. Do not mail your paper fingerprint card to the board office. The results will be submitted electronically to the Department.  It is important to use the correct Originating Agency Identification (ORI) when submitting fingerprints. The ORI number for the Board of Massage Therapy is EDOH4600Z.

Questions? For general information about the new requirements, visit the Florida Board of Massage website at http://floridasmassagetherapy.gov/latest-news/electronic-fingerprinting/ For additional information, answers to FAQs, and a list of all approved Livescan service providers, go to http://floridasmassagetherapy.gov/background-screening-faqs/ Or, click here to contact the Florida Board of Massage.