Frequently Asked Questions.................

This is a list of some of the frequently asked questions that are asked by massage therapists when calling in to FSMTA.

CLINIC REGISTRATION & LICENSURE: DOES THAT APPLY TO ALL LMT’s?

The Governor signed SB 1062 into law on June 15, 2004 which amends the clinic licensure law. SB 1062 took effect as law on June 15. Under the clinic licensure law as amended by SB 1062, LMT practices or massage establishments which are owned in whole or in part by non-health care providers AND WHICH FILE CLAIMS FOR REIMBURSEMENT WITH HEALTH OR PIP INSURERS are required to be licensed by the Agency for Health Care Administration (AHCA) as a “clinic.” SB 1062 repeals the exemptions from clinic licensure previously granted to massage establishments. However, the FSMTA lobby team lobbied the 2004 legislature to include LMTs in the exemption from clinic licensure that applies to other health care providers.

Now, LMTs who wholly own a massage practice, called “clinic” in the clinic licensing statute, or own the massage practice (clinic) in conjunction with another LMT or in conjunction with a spouse, parent, child or sibling are exempt from licensure. That exemption applies to the clinic (massage practice) which file health or PIP insurance claims, even if it is licensed as a massage establishment. However, the massage practice is not eligible for an exemption if a non-health care provider (other than a spouse, parent, child or sibling) owns any part of the practice and which files health or PIP insurance claims and must apply for clinic licensure with the Agency for Health Care Administration (AHCA).

A massage practice which does not file any claims for reimbursement with a health or PIP insurer does not have to be licensed, regardless of whether a non-health care provider own all or part of the practice, because the clinic licensure law ONLY APPLIES TO MASSAGE PRACTICES OR CLINICS WHICH FILE CLAIMS FOR REIMBURSEMENT WITH HEALTH OR PIP INSURERS.

Health or PIP insurers do not have to pay claims for reimbursement form clinics which are required to be licensed but are not so licensed. It is a felony to operate a clinic that is required to be licensed and which is not licensed.

An exempt clinic may apply to the AHCA for a voluntary certificate of exemption showing that the massage practice or clinic is exempt from licensure in the event a health or PIP insurer questions the exemption.

• · 1.Q: I am an LMT who practices alone and no one owns any part of my practice and I do not file any health or PIP insurance claims, I only perform massages for cash; must I be licensed?
• · A: No. The clinic licensure statute amended in 2004 includes the exemption for licensure for massage practices wholly owned by LMTs or together with other LMTs or their spouses, parents, children or siblings
• · 2. Q: I am an LMT who has a massage therapy practice which I solely own and I file for health or PIP insurance reimbursement for some or all of my massage therapies, must I be licensed?
• · A: No. You are exempt from licensure. Any health care practice (clinic) which is wholly owned by a health care provider alone or in conjunction with other health care providers or in conjunction with a spouse, parent, child or sibling is exempt from licensure. However, it is highly recommended that you apply for a voluntary certificate of exemption from licensure.
• · 3. Q: How do I apply for a voluntary application from licensure.
• · A: Go to the AHCA web site for clinic licensure information:
• · www.fdhc.state.fl.us/MCHQ/Health_Facility_
  Regulation/HealthCareClinic/applications.shtml
• · Click on:
• · Application for Certificate of Exemption From Licensure as a Health Care Clinic (323kb .pdf)
• · Instructions for Completing an Application Form for an Exemption (108kb .pdf)
• · Print out the application and instructions. Complete the application and mail to the AHCA as per the instructions. However, the AHCA has not had time to change the application form to conform to the new changes. Therefore, it is recommended that you check the box on page two of the application marked “(3)(f)”, fill in your name as owner of the massage practice, and write across the bottom of the border for (3)(f) that you are applying as a massage therapist licensed under Chapter 480 pursuant to Paragraph 400.9905(3)(g), Florida Statutes, as amended by SB 1062.
• · 4. Q: Is there a fee for filing an application for licensure?
• · A: Yes, there is a $100 fee to process the application for the certificate of exemption from clinic licensure. Enclose a check made payable to AHCA with your application.
• · 5 Q: I own a spa and do not file claims for reimbursement for massage therapy with any health or PIP insurer, must I apply for a license?
• · A: No, the clinic licensure law applies ONLY TO MASSAGE PRACTICES OR ESTABLISHMENTS OR OTHER HEALTH CARE PRACTICES THAT FILE HEALTH OR PIP INSURANCE CLAIMS.
• · 6. Q: I am an LMT employed by a physician or another LMT. Do I need to apply for a certificate of exemption from clinic licensure?
• · A: No. However, your employer may be required to have his or her practice licensed as a clinic unless the practice is exempt from licensure.
• · 7. Q: Does SB 1062 affect the requirement that I maintain an establishment license?
• · A: No. LMTs or anyone else who employs an LMT must continue to maintain a massage establishment license.

• Attached are the finalized Q&A for licensees which may be used in responding to a licensees questions. The Department will use these in responding to inquiries related to these issues. Thank you for your hard work and input on this document.

Department of Health Regulatory Questions

Q1. What is CE Broker and why was it developed?

A1. CE Broker is the name of an electronic tracking system developed for the Department of Health to help track and facilitate audits of continuing education (CE) credits earned by Florida’s health care practitioners. The Department of Health was mandated by law to implement an electronic tracking system.

Q2. How does CE Broker affect my license renewal?

A2. CE Broker or the electronic tracking system has no effect on your ability to renew your license.

Q3. If I, as a licensee, do not have the necessary CE credits reported in CE Broker to meet the CE requirements, will the licensee be disciplined?

A3. If an audit (electronic) indicates you failed to meet your CE requirements, you will be referred for possible action against your license. This process includes an opportunity for you to submit, manually or electronically, proof of your compliance with the CE requirements and thus avoid further action against your license. Only if you cannot prove compliance with your CE requirements will you be subject to further action against your license. Discipline will be conducted according to the licensure rules which govern your profession.

Q4. Will my license be renewed if at time of renewal any or all of my required CE course credits have not been reported to CE Broker?

A4. Yes, your license will be renewed as compliance with your CE requirements is not linked to renewing your license and data in CE Broker is not used during renewal.

Q5. How will the information in CE Broker be used by the Department of Health?

A5. The information collected in CE Broker will allow for the enhanced auditing of licensees by verifying which licensees have completed their required CE hours, in accordance with the laws and rules governing their profession, by the last day of the licensure biennium.

Q6. Can I self-submit a course completion report to CE Broker?

A6. Yes, you may self-report course hours not otherwise reported, if allowed by your profession’s rules, by accessing the CE Broker website, at no cost.

Q7. When does the data in the electronic tracking system apply to me?

A7. The tracking of data relating to your CE course credits begins with your first biennium licensure period after January 1, 2004.

Q8. Is my CE information in CE Broker a public record?

A8. Yes.

Information Systems of Florida Questions

QI. Who is Information Systems of Florida (ISF), Inc.?

AI. ISF is the contract vendor for the Department of Health who developed CE Broker.

QII. Must I subscribe to ISF?

AII. Subscription with ISF is completely voluntary and is not required to self submit CE credits.

QIII. Will I be exposed to a greater risk of CE audit if I do not subscribe to the ISF system?

AIII. No, all licensees will be audited by the Department of Health approximately six months after renewal regardless of whether or not you subscribe.

QIV. Will a subscription to ISF services affect the way I am currently regulated, audited, inspected, monitored or discipline by the Department of Health?

AIV. No, the Department of Health will have no knowledge of who subscribes or doesn’t subscribe to the services offered by ISF.

QV. What advantages would I, as a licensee, gain by subscribing with ISF and paying the subscription fee?

AV. A subscription with ISF gives you 24/7 online access to view your CE transcript and compliance determination, view your chronological course history, search for courses that fulfill the CE requirements for your profession including times and locations, view how a course with count towards meeting your CE requirements, provide notices and reminders for your CE requirements, and provide you access to frequently asked questions about your specific CE requirements, Please visit the ISF website at www.cebroker.com for more information on the advantages of subscribing.

FACTS OF INTEREST:

CE Tracking Database at a Glance (As of June 2, 2004)

Internet hits to CE Tracking Site: 12,387,591

Individual course completions reported to system: 194,550

Individual licensees with data reported to system: 72,560

Amy M. Jones, J.D.
Director
Division of Medical Quality Assurance
Department of Health
4052 Bald Cypress Way
Bin #C00
Tallahassee, FL 32399-3250
850-245-4080 SC 205-4080
Fax 850-414-8209

Q. Where can I get answers regarding licensure?

A. Check the Board of Massage Therapy's website or view click here for Frequently Asked Questions by the BOMT.

Q. How often is the NCBTMB test given?

A. The NCBTMB test is offered and administered by the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB) through Computer Based Testing which is available six days per week, excluding Sunday.

Q. Can I fax my change of address to you or may I leave my change of address on your voice mail or can you take a change of address over the telephone?

A. Yes on all of these when making changes with the FSMTA. The FSMTA does not forward your change of addresses to the Board of Massage Therapy and is the responsibility of the LMT to get the correct information to the Board. You will need to submit a change of address in writing to the Board of Massage Therapy (4052 Bald Cypress Way, BIN #C06, Tallahassee, FL 32399-3259). A change of location for a massage establishment requires the completion of an application and submission of the appropriate fees.

Q. I have questions about the insurance program. Where can I find answers?

A. In order to answer as many insurance questions as we could on this site, we have created a separate FAQ section on our insurance page. Click here to go to the insurance page.

Q. How can I find a Board approved massage therapy school to attend?

A. Review the list of Board approved schools on the Board of Massage Therapy web site (www.doh.state.fl.us/mqa)

Q. I joined the AMTA, does that make me a member of the FSMTA?

A. No, the FSMTA is a separate organization from the AMTA and the AMTA Florida Chapter . The FSMTA was formed in 1939 and is not affiliated with any other massage therapy association.

FSMTA
1089 W Morse Blvd,
Suite C
Winter Park, FL 32789
Office: 407-628-2772
Fax: 407-628-2042
Email: info@fsmta.org