To learn more details about the FSMTA Professional Liability Insurance Policy, please visit this page.

LEGISLATIVE REPORT:
TO:  FSMTA
FROM:  JANET MABRY
DATE: May 6, 2010
RE:  LEGISLATIVE REPORT 2010 SESSION
  
The 2010 session was once again dominated by budget shortfall projections and every special interest fighting for their piece of the budget pie.   Add to that the veto of two Republican backed bills, one dealing with teachers and the other the reinstatement of leadership funds and top it off with Governor Crist declaring that he will be running as and Independent it is a wonder that FSMTA legislation even got a hearing.
 
For FSMTA the 2010 legislature had two focal points:
•     Offensively we were trying to pass legislation dealing with the horrific crime of human trafficking that is rampant in the state of Florida, with traffickers hiding behind individual massage licenses and massage establishment licenses.  HB 633 by Representative Burgin and its senate companion SB 966 by Senator Joyner moved through the legislative process until the last week.  In the House Representative Burgin was successful in passing the bill out of the House with a vote count of 114 yeas and 0 nays. In the Senate the bill passed easily through its first two committees but ultimately died in the Rules committee. The bill was ultimately stopped for first amendment rights issues.  We learned a lot this first year and I feel confident that we will have even a better bill next year.
 
•     Defensively, we dealt with HB 139 by Representative Fresen. all session long.  Although the bill, which dealt with deleting examination licensure requirements for students of certain schools, was never heard in committee, that did not stop Representative Fresen, during the last two weeks of session, in trying to amend on to every health care bill heard on the floor a facsimile of the original bill.  The amendment that would have allowed temporary massage licenses with no examination was also offered by Senator Gaetz on the Senate floor. During the last week of session we saw the amendment show up on SB 752, HB 1503 and HB 1143.  Representative Fresen also tried to get the language placed in the budget conforming bills. We needed lots of help defeating these amendments (over and over again) In the Senate, Senators Joyner, Bullard, Jones and Aronberg were very helpful.  In the House Representative Burgin was tireless in fighting this amendment off.  Also Representatives Fetterman, Saunders and Grimsley deserve FSMTA’s thanks.
 
Other legislation of interest to FSMTA was SB 2272 by Senator Fasano relating to pain-management clinics.  This bill modifies and enhances the regulation of pain management and pain-management clinics in Florida.  Paul Lambert was vigilant in protecting massage therapist under this bill during the whole legislative process. 
 
Another bill that we worked on all session on was SB 752 by Senator Gaetz.  This bill had some relief in it for practitioners that were caught last year in the Gaetz fraud and felony bill SB 1986.  However, this bill did not pass.  We worked closely with other allied health professionals but ultimately Senator Gaetz (sponsor of the bill) was unwilling to amend the needed sections on to other legislation that was moving through the process.

Amy Hagen, 36, of Pensacola, massage therapist with Edge Family Chiropractic, succeeding Lorena Hayes, appointed for a term beginning March 31, 2010, and ending October 31, 2013.

Lydia Nixon, 28, of Pensacola, self-employed massage therapist, succeeding Lynda Wolfe, appointed for a term beginning March 31, 2010, and ending October 31, 2013.

Lisa Oliver, 38, of Margate, vice president of academic affairs, Keiser Career College, succeeding Irene Andriole, appointed for a term beginning March 31, 2010, and ending October 31, 2012.

IMPORTANT NOTICE FROM THE BOMT - POSSIBLE SCAM:
We were recently made aware of a telephone scam, whereby a licensee received a call from a woman indicating she was from the Bureau of Quality Assurance, Department of Health calling to advise his license to practice medicine was being suspended effective immediately because he failed to forward a new set of fingerprints to them. She was very convincing and indicated the mail had not been returned to their offices; however, she could put a “stay” on the suspension if he immediately sent in his fingerprints. When asked if he could go to a local police station to have them taken, she told him she would call the police station to find out if they had the correct card that was needed and that she would call the doctor back. She called him back and said the police station did not have the card and said she could FEDEX it to him and all she needed was a credit card number to charge him $25.37. She proceeded to tell him she couldn’t use the credit card he had used with them previously and that she needed a new card number, which he provided. Later, the doctor became suspicious and called both credit card companies, finding out that upwards of $10,000 had been charged to his credit cards.

In order to make our licensees aware of this potential scam and to help ensure protection of their information, the following message is being placed on: all board pages; the first page of the online services portal; the message pages after the practitioner logs into their account; and the FAQs on the online services portal:

IMPORTANT MESSAGE -
The Department of Health, Division of Medical Quality Assurance, is dedicated to protecting your personal information against fraud and scams. You can help protect your license and personal bank accounts by being cautious in giving out your own personal information such as first name, last name, business name, email address, userid/password, financial information (credit card, bank account number, PIN), social security number, and driver’s license number. We will never request personal credit card or bank account information over the telephone. If we require information from you, we will notify you in writing and request that you provide the information by mail or online only after you have safely and securely logged in to your account.

If you believe that someone may be using your account without your permission, please contact us immediately at 850-488-0595.

Services for Licensed Massage Therapists:
Renew License
Update Address
Print Confirmation of License
Request Duplicate License

Applicants & those considering getting a Florida Massage Therapy License:
Licensure Evaluation Tool (Directs you on how to get a FL license)
Apply for Licensure Online
MQA Examination Services
Applicant Status Check

Last, but not least, you can fill out a questionairre to see if you are affected by Florida Statute 456.0635.

If your license question is not answered on FLHealthsource.com, you can browse the
FL Board of Massage Therapy website or call the Board of Massage Therapy at 850-245-4161.

Vision Statement: “To Promote Public Awareness of Massage Therapy in Florida Through Education and Professionalism”

The Florida State Massage Therapy Association (FSMTA) is the oldest professional massage therapy association, founded in 1939.  Furthermore, FSTMA is the only association that works exclusively for therapists who practice in the state of Florida.

This ALERT is posted on the Florida Board of Massage Therapy Website.

If this law affects you, please contact FSMTA at 877-376-8248 and let us know.

For more information, please visit the links provided below.

This new law is Florida Statute 456.0635 and contains references to the following laws:

Florida Statutes,  Chapter 409

Florida Statutes, Chapter 817

Florida Statutes, Chapter 893

United States Code, Chapter 13 (ss. 801-970) (455 KB pdf)

United States Code, Chapter 42 (ss. 1395-1396) (4.75 MB pdf)

You have several ways to provide us with your email address.  You can log in to your FSMTA profile to add or update your email, you can contact us online or by phone (877-FSMTA4U), or you can write it on your paper renewal form. 

If you don’t currently have an email address on file with FSMTA Central Office, then you are missing out!  We send out email newsletters with helpful information to keep you in touch.  Also, your Local Chapter probably sends out email reminders about their monthly meetings, where you can get free CEs!

We hope you’ll join us in our efforts to help the environment, keep you in touch, and keep membership dues low by ensuring we have a current email address.

Follow this link to check it out:
http://www.facebook.com/group.php?gid=49303458825#