If you’re a licensed massage therapist in Florida, your professional license is your livelihood. But what happens when that license comes under threat due to a complaint, investigation, or disciplinary action from the Florida Department of Health (DOH)? To protect yourself, it’s vital to understand how the Florida Board of Massage Therapy works, what its key responsibilities are, and how disciplinary complaints are processed.
Elevate Legal Services, PLLC, based in Boca Raton, Florida, is a law firm that defends licensed massage therapists and other DOH-regulated professionals who are facing administrative complaints, Emergency Suspension Orders (ESOs), Emergency Restriction Orders (EROs), or formal DOH investigations. Our legal team focuses on healthcare licensing defense and administrative law hearings across Florida.
If you’ve received a notice or complaint, act immediately. Call 561-770-3335 or email [email protected] to schedule a confidential consultation. The earlier we get involved, the more options you may have to protect your license.
What Is the Florida Board of Massage Therapy?
The Florida Board of Massage Therapy is the regulatory body within the Florida Department of Health (DOH) responsible for overseeing the licensure, regulation, and discipline of massage therapists throughout the state. It is governed by Chapter 480, Florida Statutes, and operates under the broader authority of the Division of Medical Quality Assurance (MQA).
While many licensed professionals may not interact with the board unless there is a compliance issue, its work is critical. The Board of Massage Therapy is responsible for setting professional standards, enforcing rules, and helping ensure public safety by maintaining high ethical and clinical standards in massage therapy.
Board Structure and Membership
The Board is composed of seven members, all appointed by the Governor and confirmed by the Senate:
- Five licensed massage therapists who have practiced for at least five years in Florida.
- Two consumer members who are not licensed healthcare providers.
Board members serve four-year terms, and their responsibilities include:
- Reviewing licensure and renewal applications
- Participating in probable cause panels
- Reviewing disciplinary cases and issuing final orders
Core Responsibilities of the Board of Massage Therapy
The Board is tasked with a wide range of regulatory functions, including:
- Licensure and Credentialing
The Board reviews and approves applications for initial licensure, temporary permits, and license renewals. Massage therapists must meet educational and examination requirements, as well as pass a criminal background check.
- Continuing Education Oversight
To maintain licensure, massage therapists must complete 24 hours of approved continuing education (CE) every two years. This includes:
- 2 hours on prevention of medical errors
- 2 hours on Florida laws and rules
- 1 hour on HIV/AIDS (first renewal only)
The Board audits compliance and may discipline licensees who fail to meet CE obligations.
- Rulemaking and Scope of Practice
The Board defines and interprets what is considered acceptable practice under Florida law. This includes:
- Techniques that fall within the legal definition of massage therapy
- Supervision requirements for apprenticeships
- Rules related to mobile massage, establishment licensure, and advertising
- Disciplinary Authority
The Board has the final say in disciplinary cases brought against licensees. After a complaint is investigated and prosecuted by the DOH, the Board reviews the evidence and issues penalties when violations are proven. These may include:
- Fines
- Probation
- Mandated education or treatment
- Suspension or revocation of a license
Does the Board of Massage Therapy Investigate Complaints?
This is a common misunderstanding. The Board does not investigate complaints directly. That responsibility lies with the Bureau of Health Care Practitioner Regulation (BHPR)—a division of the DOH.
However, the Board plays a key role in the later stages of a disciplinary case. Here’s how the process works:
Step-by-Step: What Happens in a DOH Disciplinary Case
Step 1: Complaint Filed
Anyone can file a complaint—patients, employers, co-workers, or anonymous parties. Common complaint topics include:
- Inappropriate or unethical conduct
- Sexual misconduct
- Practicing without a valid license
- Inaccurate or fraudulent documentation
Violations of scope of practice
Step 2: Complaint Review
The BHPR reviews the complaint for legal sufficiency:
- Is the allegation within the Board’s jurisdiction?
- If not, it’s dismissed. If yes, an investigation is opened.
Step 3: Formal Investigation
BHPR assigns an investigator who:
- Interviews the complainant and witnesses
- Reviews records and documentation
- Requests a response from the massage therapist
Step 4: Prosecution Review
The Prosecution Services Unit (PSU) within DOH evaluates the investigation findings. If enough evidence exists, they file an Administrative Complaint outlining the alleged violations.
Step 5: Probable Cause Panel
The PSU presents the complaint to a Probable Cause Panel, typically made up of two or three members of the Board of Massage Therapy.
- If probable cause is found, the case moves forward.
- If not, it may be closed or resolved with a letter of guidance.
Step 6: Election of Rights (EOR)
The licensee has 21 days to respond by selecting an option on the Election of Rights form:
- Formal hearing (disputing facts before an administrative law judge at DOAH)
- Informal hearing (admitting to facts, requesting leniency)
- Settlement negotiations
Failing to respond results in a default judgment, which can lead to automatic license suspension or revocation.
Step 7: Administrative Hearing or Settlement
If a formal hearing is chosen, the case goes to the Division of Administrative Hearings (DOAH). After the hearing, the judge submits a Recommended Order to the Board.
Step 8: Final Order Issued by the Board
The Florida Board of Massage Therapy issues the final decision. Penalties may include:
- Public reprimand
- Suspension or revocation
- Fines
- Continuing education mandates
- Probation or monitoring
Emergency Orders: EROs and ESOs
In cases where the DOH believes a practitioner poses an immediate threat to the public, they may issue an:
- Emergency Restriction Order (ERO)
- Emergency Suspension Order (ESO)
These orders are effective immediately and prevent the licensee from practicing while the investigation continues.
Elevate Legal Services, PLLC, has significant experience defending massage therapists against emergency actions. We can petition to modify or vacate these orders and prepare a strong response to the underlying complaint.
Common Grounds for DOH Discipline Against Massage Therapists
Massage therapists should be aware of the types of violations that most often lead to disciplinary action:
- Practicing with an expired or inactive license
- Failing to complete required continuing education
- Criminal convictions, especially related to drugs, violence, or fraud
- Touching clients in a sexual or inappropriate manner
- False advertising or misrepresentation
- Failure to maintain clean and safe facilities
Practicing beyond the legally defined scope
Why Legal Representation Matters
DOH complaints and administrative hearings are serious legal matters. If handled improperly, even a minor infraction can result in:
- Public discipline
- Permanent licensing restrictions
- Revocation of your right to practice in Florida
With Elevate Legal Services, PLLC, you get:
- A legal team that knows the DOH and Board processes
- Skilled representation in administrative hearings
- Assistance with Election of Rights forms and deadlines
- Negotiation of settlements and consent agreements
- Defense against emergency orders
We don’t just protect your license—we protect your future.
What To Do If You Receive a Complaint or Order
- Act immediately – You typically have 21 days to respond.
- Do NOT contact the complainant – It can harm your defense.
- Preserve all documentation – Save CE records, treatment notes, and communications.
- Call Elevate Legal Services, PLLC – Our team can assess your case and start building a defense.
Let’s Defend Your License—Before It’s Too Late
If you’re facing a DOH complaint, Administrative Complaint, ERO, or ESO, don’t delay. Your massage therapy license and livelihood are on the line.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to schedule your confidential consultation.
We defend massage therapists across Florida in all stages of DOH investigations and disciplinary hearings.
The Board of Massage Therapy may issue the final order, but what happens next is up to you. Let’s help.
