Massage Law Blog | The Health Law Firm Blog

Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake.

A charge can be filed causing an investigation to be opened against a massage therapist by many different sources and often without any supporting evidence. If challenged and defended by an attorney with knowledge and experience in such matters, these investigations may often be dismissed with no disciplinary action […]

By The Health Law Firm|2024-03-14T10:01:04-04:00May 15, 2018|Florida Board of Massage Therapy, Massage Therapy, Massage Therapy License|

CRIMINAL LAW: Search and Seizure—Probable Cause for Search in Light of—Enactment of Medical Marijuana Law

The guest author of this article is Mark Rieber, Senior Attorney, National Legal Research Group.

In Commonwealth v. Canning, 28 N.E.3d 1156 (Mass. 2015), the court held as a matter of first impression that with the Commonwealth’s new medical marijuana law (“the Act”) in effect, if the police seek a warrant to search a property where they suspect an individual is cultivating or possesses marijuana, then they must first offer information sufficient to provide probable cause to believe that the individual is not properly registered under the Act to possess or cultivate the suspected substance. The court rejected the Commonwealth’s argument that any cultivation of marijuana remained illegal even under the Act. That argument further asserted that to […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Health Law, Medical Marijuana, Search and Seizure|

How to Prepare for an Informal Hearing Before the Florida Board of Massage Therapy

By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law

If you are scheduled to appear for an informal hearing before the Florida Board of Massage Therapy, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Massage Therapy itself for a very limited number of reasons. These will include the following:

1. If you completed an election of rights (EOR) form and agreed that you […]

By The Health Law Firm|2024-03-14T10:01:46-04:00May 15, 2018|Florida Board of Massage Therapy, Massage Therapy|

Finding a Healthcare Providers Service Organization (HPSO) Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Countless times, we have been told by the health professionals we represent, especially advanced registered nurse practitioners (ARNPs), pharmacists, licensed mental health counselors (LMHCs), massage therapists and physical therapists that after they received a complaint regarding their license from the Florida Department of Health (DOH) they had hard time trying to find an experienced attorney in Florida who would accept their professional liability insurance. In this case, I am speaking specifically about Healthcare Providers Service Organization (HPSO) Insurance.

Get Insurance Now.

It is very important for every health professional to carry insurance that covers any investigation, complaint or […]

By The Health Law Firm|2024-03-14T10:01:13-04:00May 15, 2018|Massage Law Blog|

Florida Woman Sues After Claims She Was Sexually Assaulted at Massage Envy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 7, 2017, a woman who accused a Coral Gables Massage Envy masseur of sexual assault filed a civil lawsuit in Miami-Dade circuit court against that franchise’s owner. The suit charges that First World Financial Corp.’s negligence in hiring and business practices cleared the way for the alleged sexual assault by the male licensed massage therapist.

According to the suit, she is seeking compensation for “injury and expense, including but not limited to, psychological and emotional injuries, mental anguish, and the loss of the enjoyment of life.”

I recently wrote a blog about a similar […]

By The Health Law Firm|2024-03-14T10:01:15-04:00May 15, 2018|Massage Law Blog|

Florida Statute on Massage Therapy Establishments: Employees Must Present Documentation to Department of Health and Law Enforcement Agencies

By Lance O. Leider, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Currently there is a fight in Florida, headed by the Attorney General (AG), to stop human trafficking. AG Pam Bondi has worked to make Florida a zero-tolerance state for human trafficking. During the 2012 legislative session, she advocated for legislation that was supposed to crack down on human trafficking.

Section 480.0535, Florida Statutes, is one result of her efforts. The statute contains details on the documentation required for employees working in a massage therapy establishment. These requirements provide the Department of Health (DOH) and law enforcement agencies […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Massage Law Blog|

Orlando Chiropractor Faces 50 Years in Prison for PIP Scam

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

An Orlando health clinic owner and one other person were recently arrested on charges of defrauding multiple insurance companies and payers, according to the Florida Division of Insurance Fraud. Dr. Troy Godsey of Spine Health Solutions, P.A., allegedly provided treatments to”patients” involved in auto accidents. Three insurance companies received a $300,000 bill for reimbursements under the “patients'” personal injury protection (PIP) auto insurance. The companies reportedly paid out $100,000 before realizing it was a scam.

Godsey Operated Under the Pretense That He Was the Sole Owner of the Clinic.

Although Godsey, a licensed […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Massage Law Blog|

Texas Massage Worker Arrested For Offering Sexual Services During Undercover Police Sting

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On April 15, 2016, law enforcement authorities executed a search warrant at Accu Therapy Massage, a massage parlor in Odessa, Texas, suspected of offering customers illicit sexual favors for money, Odessa Police said. A 48-year-old woman was suspected of soliciting an undercover Odessa police detective at the massage parlor and was arrested, a police spokesman said. The suspect was arrested on a single misdemeanor count of prostitution.

The Undercover Sting.

Undercover detectives entered the business and were approached by a female employee who attempted to sell them sexual favors, a police official involved in the ongoing investigation […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Massage Law Blog|

Holding off a Professional License Revocation or Suspension During Appeal

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If you are a physician, dentist, nurse, psychologist, pharmacist, physician assistant, nurse practitioner, massage therapist or other licensed health professional whose license has been recently revoked or suspended, there may still be hope. As a matter of course, you would be required to immediately stop practicing or risk being prosecuted for unlicensed practice, which is a felony. Although this blog deals with Florida law, similar relief may be available in other states, too.

One of the hardest things about having a license suspended or revoked is that it becomes effective immediately, whether there was a […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Massage Law Blog|

Florida Massage Therapist Charged in Sexual Battery Case Following Several Complaints

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On June 24, 2016, a South Florida massage therapist was charged with sexual battery after being accused of assaulting a client during a session in February 2016. The therapist who allegedly worked at Chi Spa in Pompano Beach, Florida, pleaded not guilty on charges of sexual battery on a person older than 18 without violence.

The Complaints.

According to police reports, at least three women claimed to have been inappropriately touched during massage appointments at Chi Spa. Police said the spa’s owner said she was aware of one incident because the woman called to ask for her money […]

By The Health Law Firm|2024-03-14T10:01:47-04:00May 15, 2018|Massage Law Blog|