Practicing as a Licensed Massage Therapist in Florida requires strict adherence to the state’s regulatory laws. If you have been accused of violating Florida Statutes 456.072(1)(p) and 456.072(1)(ii), you may face an Administrative Complaint from the Florida Department of Health (DOH). These allegations can lead to disciplinary actions, including fines, license suspension, or even permanent revocation.
At Elevate Legal Services, PLLC, we have extensive experience defending and representing licensed massage therapists facing Administrative Complaints from the Florida Department of Health. If you are under investigation or have been served with an administrative complaint, time is critical. Call Elevate Legal Services, PLLC, today at 561-770-3335 or email [email protected] to protect your license and professional future.
Understanding Florida Statutes 456.072(1)(p) and 456.072(1)(ii)
Massage therapists in Florida must comply with strict ethical and professional standards set by the Florida Board of Massage Therapy. Violations of Florida Statutes 456.072(1)(p) and 456.072(1)(ii) can trigger administrative complaints that put your license and livelihood at risk.
What Do These Statutes Mean?
- Florida Statute 456.072(1)(p): Prohibits engaging in fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or in any professional practice.
- Florida Statute 456.072(1)(ii): Covers violations related to inappropriate conduct, improper advertising, or failure to maintain professional boundaries in practice.
These statutes are broadly interpreted and may be used against massage therapists accused of unprofessional behavior, boundary violations, false advertising, improper client interactions, or deceptive business practices.
What Happens When an Administrative Complaint is Filed?
If the Florida Department of Health (DOH) files an administrative complaint against you, the process follows several key steps:
1. Investigation by the DOH
- A complaint is received by the DOH, triggering an investigation into your practice.
- The Probable Cause Panel reviews the findings and decides whether formal charges should be filed.
2. Notification of the Administrative Complaint
- If probable cause is found, you will receive a formal administrative complaint detailing the alleged violations.
- You will also receive an Election of Rights (EOR) form, which outlines your legal options.
3. Your Legal Options: Election of Rights Form
Once you receive the administrative complaint, you have several options:
- Request an Informal Hearing: Accept responsibility for the violations and appear before the Board of Massage Therapy, where penalties will be determined.
- Request a Formal Hearing: Dispute the allegations before an Administrative Law Judge (ALJ) at the Division of Administrative Hearings (DOAH).
- Attempt to Settle: Work with legal counsel to negotiate a resolution with the DOH before the case proceeds further.
Ignoring the complaint or failing to respond on time could result in automatic penalties, including license suspension or revocation.
Potential Penalties for Massage Therapists
A massage therapy license can be suspended, revoked, or placed on probation if violations of Florida Statutes 456.072(1)(p) and 456.072(1)(ii) are proven. Possible penalties include:
- Fines and Monetary Penalties
- License Suspension or Revocation
- Mandatory Ethics or Professional Boundaries Courses
- Probation or Supervised Practice Requirements
- Cease-and-Desist Orders for Business Violations
The severity of the penalty depends on the nature of the allegations, prior disciplinary history, and the defense strategy presented in your case.
How Elevate Legal Services, PLLC Can Defend Your License
At Elevate Legal Services, PLLC, we aggressively defend massage therapists facing administrative complaints and disciplinary actions. Our attorneys understand the Florida administrative law system and have successfully represented healthcare professionals before the DOH, Board of Massage Therapy, and DOAH.
Our Legal Strategy Includes:
- Analyzing the Complaint – We carefully examine all evidence, witness statements, and procedural errors in the investigation.
- Building a Strong Defense – Whether through lack of evidence, misinterpretation of the law, or mitigating circumstances, we fight to protect your professional integrity.
- Negotiating with the DOH – We work to reduce penalties, negotiate settlements, and seek case dismissals when possible.
- Representing You in Hearings – Our legal team is fully prepared to fight for you in both informal and formal hearings before the DOH or DOAH.
Why You Need an Attorney Now
Many massage therapists underestimate the seriousness of an administrative complaint until it’s too late. A simple accusation can lead to license revocation, making it nearly impossible to continue practicing. By acting quickly and securing skilled legal counsel, you greatly increase the chances of reducing penalties or having the complaint dismissed altogether.
Do Not Face This Alone! Contact Elevate Legal Services, PLLC Today
If you are facing an administrative complaint for violations of Florida Statutes 456.072(1)(p) and 456.072(1)(ii) as a licensed massage therapist, your career and livelihood are on the line. Time is critical, and the sooner you act, the better your chances of successfully defending your license.
At Elevate Legal Services, PLLC, we are committed to helping licensed professionals protect their careers.
Call us today at 561-770-3335 or email [email protected] for a consultation, and let us help you fight for your professional future.
