Massage Therapists play a vital role in promoting wellness, alleviating pain, and enhancing the quality of life for countless Floridians. However, with that privilege comes strict scrutiny by the Florida Department of Health (DOH) and the Board of Massage Therapy. When a complaint arises—especially one alleging violation of Florida Statute 456.072(1)(v)—the consequences can threaten your license, reputation, and livelihood.
At Elevate Legal Services, PLLC, based in Boca Raton, we’re dedicated to protecting licensed professionals—including massage therapists—when facing DOH Administrative Complaints and disciplinary hearings. Whether you’re just beginning an investigation or already under formal complaint, our team is here to defend your license and guide you every step of the way.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] to schedule your confidential consultation today. Early intervention can make all the difference.
What Is Florida Statute 456.072(1)(v)?
F.S. 456.072(1)(v) allows the Department of Health and licensing boards—including the Board of Massage Therapy—to discipline a licensee who:
“…fails to make disposal of controlled substances in the presence of a pharmacist, physician, or licensed health care practitioner authorized to prescribe such substances, by law, or otherwise fails to comply with provisions relating to controlled substances.”
Though typically associated with medical professionals, this statute is relevant to massage therapists in Florida when it comes to documentation, referral, or handling records that involve controlled substances, especially in integrated care settings where massage therapists coordinate with other healthcare providers.
Suppose you’ve received an Administrative Complaint citing F.S. 456.072(1)(v). In that case, it means the DOH believes you failed to uphold legal responsibilities tied to controlled substances, or mishandled prescribed care, records, or referrals.
Common Violations of F.S. 456.072(1)(v)
Understanding the most frequent violations is the first step toward preventing them—and crafting an effective defense if you’re already under investigation.
- Failure to Refer Appropriately
Massage therapists are expected to refer patients who present medical symptoms or require controlled medication oversight. Failure to do so can result in complaints under F.S. 456.072(1)(v).
- Incomplete or Inaccurate Documentation
While massage therapists don’t prescribe medication, they work in settings where patient charts may link to controlled substance usage. Misrecording or failing to document referrals can trigger complaints tied to this statute. - Unauthorized Discussion of Medications
Providing medical advice about prescription drugs or discussing usage beyond the massage scope violates both licensing rules and oversight statutes. - Providing Treatments That Should Accompany Medical Oversight
When a massage therapist treats serious conditions without involving a prescribing medical provider, the DOH may allege improper patient care, even when no direct handling of medications occurs. - Aiding Patients in Medication Misuse
Any form of assistance—intentional or not—that contributes to the misuse of prescribed medications may be tied to the “controlled substances” provisions of F.S. 456.072(1)(v).
Why DOH Takes These Complaints Seriously
DOH complaints under F.S. 456.072(1)(v) can have serious ramifications:
- Patient Safety Concerns: Improper referral or documentation can harm vulnerable patients.
- Liability for Opioid-Related Injuries: Massage therapists in multidisciplinary settings may be drawn into opioid misuse incidents through treatment records, or the lack thereof.
- Scope of Practice Enforcement: The DOH relies on this statute to uphold professional boundaries and prevent acts requiring medical oversight.
Consequences can range from license probation to suspension or revocation. In serious cases, a fine and public reprimand are added penalties.
Step-by-Step Guide to Responding to a DOH Administrative Complaint
Here’s how to effectively handle a complaint under F.S. 456.072(1)(v):
Step 1: Thoroughly Review the Complaint
- Note the date, setting, and specifics of the allegation.
- Identify whether it stems from a patient, medical provider, or legal agency.
- Gather all related records immediately.
Step 2: Contact an Administrative Law Attorney
- Elevate Legal Services, PLLC, specializes in defending against DOH actions.
- We can assess the complaint and plan a legal response.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected]
Step 3: Preserve All Evidence
- Secure patient notes, referral logs, communications, and intake forms.
- Save emails, texts, or voicemail relevant to referrals or treatment coordination.
Step 4: Respond to the Complaint
- You must file your “Election of Rights” form, choosing:
- Informal Hearing: Admit the fact but contest the discipline
- Formal Hearing: Dispute the complaint and challenge findings
- Mitigation Negotiation: Seek a consent order or settlement
Always consult your attorney before making this choice.
Step 5: Develop a Robust Defense
Your attorney will:
- Contextualize the situation—medical oversight and intent matter.
- Challenge evidence, argue scope limitation, and demonstrate patient focus.
- Negotiate disciplinary outcomes—or aim for withdrawn charges.
Step 6: Represent You in Hearings
- If a formal hearing occurs, your attorney follows evidence rules, calls expert witnesses, and cross-examines DOH.
Step 7: Appeal If Necessary
- If the DOH rules against you, your attorney can file a petition for judicial review in Circuit Court.
What You Can Do Right Now
- Review and improve referral policies
- Use clear forms and standardized messaging to patients
- Document every case involving medical conditions or controlled medication coordination
- Participate in continuing education for recognizing symptoms requiring referral
Why Choose Elevate Legal Services, PLLC?
Facing a DOH complaint under F.S. 456.072(1)(v)? Here’s why you should choose us:
Laser-focused on administrative law and DOH defense
Deep experience with Board of Massage Therapy cases
Proven ability to reduce or dismiss complaints before trial
Full-service care: from preventive audits to post-hearing appeals
We fight to protect your license and your future.
Final Thoughts
An Administrative Complaint under Florida Statute 456.072(1)(v) can feel overwhelming, but early, strategic action can be the difference between continued practice and lost livelihood. Keeping careful documentation, following protocols, and responding quickly is your best defense.
Call Elevate Legal Services, PLLC now at 561-770-3335 or email [email protected] for a confidential consultation. Don’t let a single complaint threaten your career. We fight to defend you so you can focus on what matters most—your patients.
