Updated: 06/02/2019
One of the most common things I hear from people after taking my 10 Hour Florida Massage Law and Rules Course is:
Now I have to get a massage establishment license too?
Most likely, yes.
A massage establishment license is required for any business (spa, chiropractor [see the new exception below], home business, etc) that offers massage therapy services.
Here are what the Law and Rules say on the subject:
480.046 F.S. Grounds for disciplinary action by the board…
(o) Practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.
64B7 30.001 F.A.C.
(3) Offering massage therapy at a sports event, convention or trade show without obtaining the written approval of the owner or property manager of the site at which the sports event, convention or trade show is held.
In general, if a client comes to you, you need an establishment license. If you go to your client (i.e. a mobile business), you do not need an establishment license. Again, this is a generalization; exceptions do exist.
A massage therapist license is indicated by the prefix “MA” (Ivy Hultquist, L.M.T. MA66325).
A massage establishment license is indicated by the prefix “MM”.
Who should obtain the establishment license?
If you are an employee, the owners of the business will need to purchase this license, not the massage practitioner. Massage practitioners should always verify that their place of business holds a valid establishment license. If an establishment is found without a valid license, it is typically the practitioner that is penalized the most, not the establishment.
If you are in a renting situation, either the landlord or the massage practitioner may purchase the establishment license. An establishment license is owner specific so if the license is filed in the therapist’s name and the therapist leaves, she/he may take that establishment license to a new location. If the establishment license is in the name of the landlord then the license will remain at the facility (chiro, salon, etc..) if the therapist leaves.
Need the massage establishment application? Apply Online or Printable
How long does it take to get my establishment license approved?
Most people report that it takes about 1-1/2 to 2 weeks to receive notification that their application was received and reviewed.
It then takes about another week to complete the reviewing process and approve your application.
After the application is approved, you can make an appointment with the health inspector (after you have everything ready).
The inspector may call before they show up for the inspection, but this is not required. When they do arrive for your inspection, everything on the checklist should be ready as if you are going to open the next business day. Be ready. If you are not ready, you can always ask to delay the inspection.
I would estimate this process can take anywhere from 3-6 weeks depending on how quickly you want or can be inspected. It can take longer though, much longer. Please prepare ahead of time so that you can open your business and lessen the time you are without income.
What are the inspectors looking for?
They are looking to make sure you are compliant with 64B726.003. I have copied this rule below. 64B726.003 Massage Establishment Operations.
- Facilities, Each establishment shall meet the following facility requirements:
- Comply with all local building code requirements.
- Provide for the use of clients a bathroom with at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning materials, sanitary towels or another hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle.
- Maintain toilet facilities in a common area of the establishment. Establishments located in buildings housing multiple businesses under one roof such as arcades, shopping malls, terminals, hotels, etc., may substitute centralized toilet facilities. Such central facilities shall be within three hundred (300) feet of the massage establishment.
- If equipped with a whirlpool bath, sauna, steam cabinet and/or steam room, maintain clean shower facilities on the premises.
- Personnel.
- A licensed massage therapist must be on the premises of the establishment if a client is in a treatment room for the purpose of receiving massage therapy.
- Safety and sanitary requirements. Each establishment shall:
- Provide for safe and unobstructed human passage in the public areas of the premises; provide for removal of garbage and refuse; and provide for safe storage or removal of flammable materials.
- Maintain a fire extinguisher in good working condition on the premises. As used herein “good working condition” means meeting the standards for approval by the State Fire Marshal. Such standards are presently contained in Chapter 69A21, F.A.C.
- Exterminate all vermin, insects, termites, and rodents on the premises.
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Maintain all equipment used to perform massage services on the premises in a safe and sanitary condition, including the regular application of cleansers and bactericidal agents to the massage table.
Unless clean sheets, towels, or other coverings are used to cover the massage table for each client, “regular application,” as used herein, means after the massage of each client.
If clean coverings are used for each client, then “regular application” shall mean at least one time a day and also whenever oils or other substances visibly accumulate on the massage table surface.
- Maintain a sufficient supply of clean drapes for the purpose of draping each client while the client is being massaged, and launder before reuse all materials furnished for the personal use of the client, such as drapes, towels and linens. As used herein “drapes” means towels, gowns, or sheets.
- Maintain lavatories for hand cleansing and/or a chemical germicidal designed to disinfect and cleanse hands without the use of a lavatory in the treatment room itself or within 20 feet of the treatment area.
- Maintain all bathroom and shower facilities and fixtures in good repair, well-lighted and ventilated.
- Financial responsibility and insurance coverage.
- Each establishment shall maintain property damage and bodily injury liability insurance coverage. The original or a copy of such policy shall be available on the premises of the establishment.
Updates
Fingerprinting and Background Check
As of July 1st, 2014, new massage therapists are required to submit digital fingerprints before a license is issued. Currently licensed massage therapists had until 1/31/2015 to meet this requirement. This new rule applies to establishment owners, too. Read about the new fingerprinting law on my other site for Florida massage therapists, Advanced Massage Techniques.
New Rule pertaining to chiropractors employing licensed massage therapists
As of July 1st, 2014, licensed massage therapists employed by chiropractors will not need a massage establishment license. Independent contractors or renters (this indicates you are not an employee) still need a massage establishment license.
Establishment Business Hours
A new law pertaining to business hours of massage establishments took effect on October 1, 2013. House bill 7005 prohibits the operation of massage establishments between the hours of midnight and 5:00 AM. Exemptions apply to: health care facilities, hotels, timeshares, and airports if the massage is performed under a medical prescription.
The new law also states that a massage establishment cannot be used as a primary residence unless it is zoned for residential use.
Photo Display with License
Licenses need to be prominently displayed near the entrance so the public and inspector (and the general public) can see it. The practitioner’s license needs to have an attached recent 2 x 2 photo.
Other Tips
- No two inspectors are the same. Most inspectors will give you time to fix some minor deficiencies, but they don’t have to give you this extra time.
- I have seen and heard that the most forgotten item on the inspection list is the fire extinguisher.
- A few inspectors will require linens to be in an enclosed container (you could use a large Tupperware tote), or inside an enclosed cabinet. This is not clearly stated in the rules, but it can be enforced.
- Some inspectors have problems with the uncovered memory foam facerest covers. And they should in my opinion. Keep them properly covered and sanitary.
- Some practitioners suggest having a table cleaner that is non-tuberculocidal on hand.
- Make sure your bathroom has paper towels, soap to wash hands, or/and antibacterial hand sanitizer.
- Check local-county and city- ordinances for additional licenses you may need (business or occupational).
- Don’t forget to renew your establishment license every two years with your massage license. They all need to be renewed by August 31st, every odd year. Learn more about the requirements for renewing your massage license.
If you plan to hire a nail specialist, facials specialist, cosmetologist, or barber, you also will need to obtain either a Florida barbershop or salon license.
As always, please let me know if you have any questions.
Florida massage practitioners: Please feel free to share any tips, suggestions, or experiences you have had with inspections or the establishment licensing process.
Hi Ivy,
I have a few questions about massage establishments here in Florida. I was wondering if I could connect privately? Thanks!
Yes! You can email me at [email protected] or text me at 319-560-4143. I am traveling to Florida right now and those are the best ways to contact me.
Hello. I’m hoping you could direct me or have some experience with getting a Nevada massage license. I am current with no complaints in FL (500 hours) and wish to get a Nevada massage license. They require 550 hours. I called the board and she referred me to a school, apparently 15 years experience doesn’t count here. I asked what specifically type of hours I would need and they told me they weren’t sure? Probably business and ethics but I kind of need a specific answer on that one. I’d hate to go to get hours that won’t count.
I also have my RN in FL, CA, and NV. In FL they are both regulated by the Department of Health but it’s a different area of regulation here. Any ideas would be greatly appreciated.
If they will not give you any advice, I would be reluctant too. Since it says none of their fees (almost $500) are refundable!
My best advice is to ask again. Your situation is likely very common! If you do not get any help, contact a local school or NV AMTA chapter.
http://massagetherapy.nv.gov/uploadedFiles/massagetherapy.nv.gov/content/Applicants(1)/HowtobecomelicensedinNevada2018.pdf
Does any other rules apply for trying to setup a small area in my home, does the same rules apply, and can I set up a small massage room in my home legally?
Check with your local government for zoning and business regulations. There are no state laws against having an MM in a residentially zoned home. An MM cannot be in a home that is zoned business.
Hi I have a question about the establishment license. I wanted to start the process before I find a place so is that possible or would they need a location to even start? I’m trying to get a place with two estheticians and we are running into issues because they are not sure we all can be under the same roof. We all have llc and I will be the only one doing massage.
If I want to rent/ share space in an office with other therapist who have their own LLC’s, as well as separate massage establishment licenses, do I have to get my own or can I work under theirs?
Also do you have info on the differences between IC vs. Employees and how they are to be treated?
A location can only have one massage establishment license. If the location has one already, you should be able to work there. I would contact the board just to make sure. There are no specifications on ICs vs Employees and MM licenses.
I currently work as LMT under a local business with establishment license. I am dual licensed as facial specialist along with the other LMtS. Does the busines need whole other state license for the facials? Currently only are inspected by dept of health for massage .
You will need a salon license in Florida if you are licensed under the cosmetology board.
Here is my other website on how to get a Florida salon license.
Hi Ivy! I’m a newly licensed massage therapist and I’m also a yoga instructor. I am debating on beginning a yoga class where I teach a class involving massage as part of the yoga practice (yogassage). Would the studio require a massage establishment license if I did go this route? I’m really green to this side of things.
Thank you!
IF massage therapy takes place in the studio, an establishment license would be required. Best wishes!
Hi Ivy –
I am going to relocate into the Miami Beach area within the next few months. I would like
to work out of my house. I already have my Massage license and now understand I would also
need an establishment permit, but am I allowed to work out of my house?
thanks!
Sherrin
It depends on your county/city government and their zoning regulations. You will need to contact them and ask.
Hi Ivy,
Thanks for this article, very usefulinformation.
However, I still have one subject I don’t seem to completely understand here. Let me tell you a bit about myself and then I get to the question.
I just moved to Florida and currently do not have a FL license. Does this mean I can get an establishment license and operate as a subcontractor while obtaining my FL license?
Please advise, this would be essential for going forward in my business.
No. All therapists in an establishment must be licensed. You can own one, but cannot work as a massage therapist without a license.
So I have been trying to arrange to get my establishment license now going on 4 weeks of back-and-forth phone calls and emails and crossed wires I’m about to pull my hair out.
I finally have an appointment to get an inspection next week Friday. I see where it has to be renewed every two years on the odd year just like my massage license. So this means like my massage license that I got in March I have to pay to renew it again in August of this year am I going to have to go through all of this again before August for the establishment license as well?
I believe establishment licenses are like massage licenses, meaning, you will need to renew both licenses by 8/31/2017. From what I have been told, you can renew each license anytime after June 3rd. That is when there are 90 days left in the renewal period. Anyone that gets/applies for a massage license, and likely an establishment license, during that 90-day window will not need to renew until 8/31/2019.
If I were to have a booth at a farmers market and provide chair massage (weekly market, seasonally) would I need an establishment license then?
This is always a controversial subject in FL LMT forums. I would contact the board office to see what they suggest to do in this situation. I just do not feel comfortable making a recommendation not to have one, but I understand how hard the logistics would be to meet all the establishment requirements in this type of a venue.
If I have a client or two come to my house for a massage 1-2x a month, am I required to have an establishment license? What if I travel to someone’s house? Does that require more than my FL Massage license?
The general rule is if you go to a client, you do not need an establishment license. If a client comes to you, you do need one.
Hi I took my certification in 2008. What do I need to do to up date my hours. So I can start working with my certification.
Florida does not have certification, only licensing. Are you trying to get licensed or reactivate a license?
Hi I have questions, after reading your info. Is it true that I can go to a work organization that has there own license, and massage there with just my certificate.
What “certificate”? Florida does not have certificates, only licenses.
I’d like to open a massage establishment in Florida. Do I need any additional licenses or only the establishment license?
Establishment owners do not need to be licensed massage therapists.
Is a business license the same as establishment license?
I do not think so. I usually hear a business license, or occupational license, used by local governments (cities and counties).
The place I was working for was busted recently for not having an establishment license and not having licenses displayed publicly. Thankfully, I was not in trouble, but she can no longer have therapists there till she gets her establishment license. She claims she didn’t know she had to have one since she does facials. Does that mean she can no longer stay open as well??
Hi! I am not from Florida but was hoping you can still assist. I have an establishment in NJ, and had it for about 10 years now. The inspector usually comes around November but this year they came mid December. They have given me a list of things that I need to fix, change, etc…..these are things that was not an issue during last years inspection. Either way, they have given me a long list and I feel it is not fair that they have come so late during the year and expect me to have everything fixed in a matter of 2 – 3 weeks. Also, for this inspection, I felt it was much more “invasive” than usual. This may be normal but I just was not use to it as it never happened before. So my 2 questions are 1. is it ok for me to ask for an extension on my deadline since they have come later than normal this year? And it is correct to assume that for an inspection, they have the right to open and go through every drawer and cabinet? I understand if you do not know the laws of NJ…even insight on how it works in Florida will be greatly appreciated
Hi Mallory,
Every inspector is different. If you are having trouble meeting the deadline, call your board of massage and ask what can be done. They may have an appeals or extension process for you.
Hi there I a m just beginning my research and came across your page 🙂 My question is
If two LMTs plan to share a space within a Dr practice, without a “business name”, how should we expect to obtain a Establishment License? Seems like maybe it would be easiest if the Doctor office got the license, otherwise could two therapists work under one establishment license without a business name using one of the therapist names?
It may be easier for the Dr to own the license. If you leave, you cannot transfer the license and will have to pay the application fee again.
But, it would be just as easy for one of you two to own it. The license will need to be in one person’s name. I do not see how you could do both. If one of you wants to own the license, then that is fine. The other person can still work there.
I am looking to have a mobile massage business in Florida. I am moving back next year. I am currently licensed in another state. Unfortunately, I won’t be massaging due to a horrible car accident. Do I need an massage establishment license?
Generally, mobile businesses do not need establishment licenses.
I understand that the mobile practitioners do not need an establishment license, but what would they need in order to practice? (Other than their license)
Possibly city/county business permits/licenses
Hello Ivy,
Thank you for your blog….
My question is pretty simple…I have been looking to open a business and have always
wanted to open something that helps people at an affordable rate…My question is do
I need to be a licensed massage therapist if I wanted to open a massage establishment?
Mind you I will not be massaging anyone…I will only employee therapists.
Hi Carlo, You can own an establishment and not be an LMT.
HI Ivy, thanks for all the information you have on your site! I have a question: I am the owner of a gym, and a few licensed massage therapists have reached me wanting to rent my space to perform their massage services. Would I need a license for that? It wouldn’t be full time (actually not more than 4h a day in the best case). Thanks much!
Yes. Even for 4 hours a day. Any place that has license massage activity needs a license.
Along those lines, I’m looking to approach a few CrossFit gyms to drum up some business – do a demonstration and such. If it seems like it might be lucrative to set up shop there a few hours a week, how would an inspection work there?
I’m an Active Release Techniques provider. The clients stay clothed. I don’t use sheets (use disinfecting wipes on the table between each client) . I would bring in a portable table, but there isn’t a designated room for me. It would likely be in a corner, out on the gym floor.
Thanks in advance!
I hope you can help 🙂 I have a few local physicians interested in having me come to their clinics and provide massages on a regular basis for their patients. I figured I would get a head start on the establishment license before I made any final commitments. I want to do the establishment license under my name, no special business name, so I can travel to multiple locations and take it with me. I have started an application for an establishment license but stopped because I am unsure what to do. I was intending to just use my home address since I have multiple places I will be going. How does the inspection come into play? I could easily set up a room at my home for an inspection, however, I do not have a separate entrance to that specific room. Any suggestions would be greatly appreciated!!! Thank you!
This is a unique situation. Since you will be regularly attending these places, you will likely need a license at each location. One establishment license does not cover multiple locations from what I understand. I would call the board office and see what they say about your situation.
So Ivy, I can not get a straight answer from anyone, I hope you can help. I am a chiropractor looking into renting space at a massage establishment.
1. Do I need a massage establishment license, does the existing massage establishment license cover me or does my chiropractic license cover me (and massage therapists that I employ/1099).
2. The massage therapists employed by the existing establishment can they perform services to my patient’s as an independent contractor (1099) or should they be paid as an employee.
3. Can I bill commercial insurances for the services they perform on my patient’s.
I hope you can shed some light on this for me. Thank you!
These are just my thoughts. Always check with the board to verify this information, just to make sure nothing has changed.
1. Do I need a massage establishment license, does the existing massage establishment license cover me or does my chiropractic license cover me (and massage therapists that I employ/1099).
There was a new rule a few years ago that massage therapists that were EMPLOYEES of a chiropractor did not need to have an establishment license in the chiro clinic. All other employment arrangements would need an establishment license. I would think if your business is part of that business, it would cover it. If you are a separate business, I would think getting one would be the best idea, just to be sure.
2. The massage therapists employed by the existing establishment can they perform services to my patient’s as an independent contractor (1099) or should they be paid as an employee.
If you are directing the massage professional in any way – what to do, when to show up etc – they typically need to be employees. LMTs are often misclassified as independent contractors when they really are employees.
3. Can I bill commercial insurances for the services they perform on my patient’s?
There was some PIP reform a few years ago in FL that drastically changed LMTS ability to bill insurance for massage in Florida. If the LMT is an employee, this may change the ability for you to bill for manual therapy. I am just not sure about this one.
I know I do not have any definitive answers for you, but I hope this helps you a little.
Hi do i need a massage establishment if i want to open a pip clinic?
If massage therapy by a licensed massage therapist takes place there, then yes.
Hi there, I have a question about a establishment inspection checklist. It states to provide storage or removal of flammable materials. I have been a therapist for 15 years and I have never seen a special approved container or bin in any office or spa that I have been employed. This will be my first establishment inspection, as I will be renting space in a accupuncture office. Thanks for any feedback.
Each inspector is different on certain details. It is best to be prepared. I know many have used large rubbermaid totes for their storage of linens. Best of luck with your inspection!
Hi Ivy,
Thanks for your great site. I am about to apply for massage establishment license in Miami and they require finger prints. My question: I already did the fingerprints prior to renewing my Massage license in August last year. Will those fingerprints suffice or do I have to do it all over again? Thanks
I know there is a way to link up your fingerprints to your establishment when you login to your account on the Board website if you already had a MM license. However, with a new MM license, I am not sure how to do that. I wish I had a better answer for you, but I would call the board of massage about this questions and see what they say to do. Let me know what they say.
My wife applied for both LMT and establishment licenses within a 6-month span and they used one set of prints for both. Tip: She had success with DTIS: Daon Trusted Identity Service. DTIS operates the nation’s largest civilian clearinghouse for fingerprints.
Thanks for the information, Keith!
Hi ivy!
I have a question for you. After pass the inspection when u will get the massage establishment license?
I actually do not know. I would hope within a couple weeks if all your other paperwork is in order. You can always login and check the status to see if it has been issued before the license physically gets to you.
Hi Ivy,
I have a private company doing business at a Florida State Park as a concessionaire. We want to offer beach front cabana massages, Is that allowed? Would my MM and Malpractice INS. be enough? Also, they do have fully stocked and clean bathroom within the 300 ft. requirement which is a plus.
Thank you in advance for your help!
I do not see why you could not if you can meet all the inspection requirements and your agreement does not prohibit it. Business liability insurance proof would be needed at the inspection. You likely already have occupational licenses for your other business if your county requires it.
Thank you so much for a great site and all your help! I have learned a lot just by reading others’ questions and your responses. My question is, what other hands on practitioners’ establishment licenses will cover massage therapy? For instance, a salon or spa owner once told me their establishment license included massage. I wasn’t sure I felt comfortable going along with that.
Great question! You have good reason to question their response. Only a “Massage Establishment License” will cover a Licensed Massage Therapist working in their business. You cannot work under another professions establishment license. The massage profession and cosmetologists are regulated by two different boards Florida. Their board is not regulated under the MQA, like massage therapy. The only exceptions I know of is mobile massage professionals and EMPLOYEES of chiropractors (not renters or independent contractors) do not need a massage establishment licensed.
For more about Florida salon license, I suggest http://www.floridacosmetologist.com.
Is it possible to open a practice/establishment for massage in residential zone in own house? Sarasota county.
Hi George, Contact the county courthouse and your city to see if there are any zoning issues or special requirements in your area. Sorry I do not have any specific information for you. I just cannot keep up with each municipality in addition to the state.
what are the penalties to the massage therapist for performing massage in a spa that doesn’t have a massage establishment license. I started working at a spa doing facials and nails. I am also licensed in massage but found out they don’t have their establishment license and did 2 massages before I realized this and told them I can do no more till they get their establishment license but now I am concerned about losing my massage license for my mistake.
HI Patty, This is a great reminder for LMT’s to check if their employer or location has a valid establishment license, because the Board does fine/discipline the establishment AND the LMT’s working there. 64B7-30.002 Disciplinary Guidelines of FAC lists the offenses and fines for 1st and subsequent offenses. You can read this on the Board website, under resource and administrative code.
What kind of licenses and insurance would a LMT need to have a mobile massage where they go to the clients home and/or business?
An establishment license is generally not required for mobile massage therapists. Most massage professionals are able to use their professional liability insurance to cover them as mobile massage professionals.
Hi Ivy,
Could you differentiate mobile massage therapist vs. my earlier question about doing a few hours a week at a CrossFit gym? For what it’s worth, I do have an establishment license. Could the CrossFit appointments be considered out-calls from my business?
Does a mobile massage therapist have no home base?
Thanks again!
The whole establishment license is a grey area – it isn’t just about chair massages, clothing, or a home base. I find it more to be about regularity and if the client or LMT travels. But, since this would be a regular few hours, you very well may need a MM license. In this situation, I do not feel comfortable saying “no license needed”. I would feel best if you contacted the BOM and asked them for this situation.
Hi Ivy, I am a marriage and family therapist and just opened an LLC so I could add other practitioners under the company as independent contractors including a LMT or two. A friend informed me that I need the massage establishment license and I found your site while looking for more information. I know it makes the most sense for me to apply for the license but under the laws and rules for me to be treating some appropriately as an independent contractor (vs an employee) I am not supposed to supply them with the tools/supplies necessary for work (in this case massage table, linens, lotions, etc). I have not found anyone to hire just yet so the room is empty. I hope to find someone soon but of course no guarantees on that! My question is should I wait until I have hired someone to start this process or get it started now? You mentioned it can take several weeks to even get to the inspector stage of the process and then may be able to delay the inspection, should I start the process and then hope to delay if necessary to have the LMT set up the space? Thanks in advance!
Hi Jessica,
Those IC/Employees rules are tricky, aren’t they? Honestly, I have not thought about the legal aspects of the owner having the license with IC’s. This is just my opinion, this is not legal advice (disclaimer ;). A massage establishment license does not imply employment, only that massage therapy may take place by a licensed massage therapist on the premises of your business and location.
If you get the establishment license, it stays at your location. As the owner, you would now need to be fingerprinted, too (just FYI).
If you do find an IC, they can get an establishment license and then transfer it to another location if they decide to leave.
My opinion – If you have the time, I would just let the LMT get the license and handle the fingerprints, paperwork, and inspection for their business. Even if it takes more time. Best wishes!
What is the difference between establishment license name and doing business as name on the application for establishment license.
I am a massage therapist using office space in a building i also rent for my online web business.
I would like to keep it separate from my current business.
Do I use my name as both the establishment license name and dba name ? Do I need to create a business name? What if I want to hire employees later on?
Thank you for your help
A DBA is something you typically register with a local government. I would put whatever name is on your establishment license as the name and DBA. If the name of the business is your name, put that.
Hello Ivy,
I am the sole proprietor of my business and rent a room in a executive office complex. I have a LMT friend that wants to work out of my space when I’m not there and will share in the rent. What do we need to do to make that happen? Thank you so much for any help in the matter.
Sincerely,
Aaron
I think anyone with a valid massage license can work in a licensed massage establishment. So as long as you have an establishment license, which you are legally required to have, I do not think anything additional needs to be done.
I am a lpn, I trained as a lmt but my licence is not valid at this time, I am a trained reflexolgist since 96 i would like to open a small place do i have to be a lmt or can i use my lpn as a lcence to touch? I am in florida
I am looking to move into a building that has about 16 offices all located within the same entrance. There is already a massage therapist working in the building who has an establishment license in place, however, the address on the establishment license specifies the suite number.
Can I work in the building under this establishment license even though I will be in a different suite, but at the same building address? Or would I need to get her to modify the license to remove the suite number? Or will I need to get my own license?
Thanks!
Hello Ivy, Thank you and many blessings for all the help you give all of us, I’m a licensed Massage therapist I will be renting a room from a friend that owns a new massage studio in Orlando FL, the place already has a establishment license to do massage only do I need to get an establishment license my self as I will be renting not working for her, I’m also a licensed cosmetologist and will like to provide facials in the room that I’m renting will I need a separate establishment license for that as well if I do get one for massage thank you for all your help.
The establishment license is for the location, not specific to the person. You should be able to work legally as a massage therapist with your current massage license. Cosmetology is licensed under a separate board and department (not the DOH, but the DPBR). In addition to establishment license for massage, you will also need a salon license from the Florida Board of Cosmetology.
Here is website for more about Florida facial specialist registrations and Florida salon licenses.
Greetings Ivy,
Thank you for all your time, expertise and help for us!
You stated that a Massage Establishment License can be issued to an LMT. I may be working from two different Physicians during the same week. May I get one License and bring it back and forth to the two different facilities?
With respect,
Thomas
Fantastic question! I believe you will only need to pay for one license if it is just under the name of your business and not the place you are working. (you will own the license and not the Physicians). If this is the case, you will have two inspections; one at each location. I would email the board of massage to verify this. You may need to pay for a duplicate license to hang at the 2nd location.
Let me know what you find out. Best wishes!
Hello! I have been doing research on obtaining a massage establishment license to operate out of my home. I have not had much luck finding exact information. Do you know the requirements of operating out of your home? I have a separate room that I would like to set up for massage. Is it possible to obtain a license to operate out of your home? Also, I will operate as an individual and I don’t have a business name. Is that ok or do I need to be incorporated or LLC? Thank you for your help. You seem to be really resourceful!! I look forward to hearing from you! 🙂
Having an LLC is nice for legal reasons, but is not required to obtain establishment license.
There is no state law about having a massage establishment in your home. That may fall under local ordinances.
there is a new state law about living a massage establishment. If your home is zoned business, you may not live in it. This is to help with human trafficking. people living under those horrible conditions sometimes live in the business and sleep beds in the back of the store/business.
Can you please email me that law citation? I cannot find it and I know a business that the massage therapists are living in the business. I want to report it but don’t know where to start. They also work until 11pm at night or later.
The violation would likely be this Florida Statute – 480.0475 Massage establishments; prohibited practices.
(Here is the entire Bill – http://www.flsenate.gov/Session/Bill/2013/7005/BillText/er/PDF)
The place to file a complaint would be here:
http://floridasmassagetherapy.gov/help-center/how-do-i-file-a-complaint/
Thank you!!
Aloha Ivy!Do i need to be a License Massage therapy to open a Small Spa.I will be the one investing and managing .And what permits will i need as an owner ?Establisment its one of them right?Thank you for your time!ALOOOHA!Susana
Aloha, Susana!
Any time a massage client comes to you, you need a massage establishment license. If you go to their location, you generally do not need one.
As far as permits, that varies from county to county or city to city. Contact your county courthouse or city hall to see what you need (business license or occupational licenses). They may require you to file your DBA with them.
Best wishes!
Hello,
A gym is interested in having me work for them. They do not have a room for massage, so basically I would be massaging out in the open or behind a partition.
I am wondering if this complies with the massage establishment license rules and regulations. I cant seem to find any information about this dilemma.
I would appreciate your input!
Thanks so much,
Samantha
Good Morning, Samantha!
That is a little tricky. I do not think the rules state anything about the room size, needed doors or even privacy. You can call the Board and ask them. Likely they will not have a great answer for you. As long as you are able to adhere to the establishment rules (bathrooms, sinks, fire exits, etc) and give your clients the privacy the deserve (which is an ethics issue, not a FL law issue), then I would think it should be okay.
Hi Ivy, Your blog is very helpful so Thank you for creating.
I have been working in a spa setting in Florida and am now thinking about opening up my own place. I have not secured/leased a facility yet and I will be the only person working as a LMT but wanted to know if I needed to have this first before applying for a establishment license? In reading your blog I see that I will need to obtain an additional licenses. I want to make sure I have everything covered that will be needed to open this type of business. Can you please give some guidance on that and tell me if what I have listed below is complete or if there is anything else you feel additional?
General Liability Insurance – personal as a LMT
Massage Establishment License
Business Tax Receipt (county specific)
Business License (D/B/A ; LLC ; Corp etc)
Office Renters Insurance (cover items within the office space)
This looks very good. I cannot think of anything else you would need. Best wishes!
Hi
Need to know if you have informations for foot spa massage and Manicure Salon. Which steps shouls we follow and licenses should be ontained? Thanks a lot
I don’t. Nail techs are not under the MQA like the massage board. Try here – https://www.myfloridalicense.com/intentions2.asp?chBoard=true&boardid=05
I really need to piggy back off this question. I have a massage license and my two friends are esthetician and we want to have a place together. I would be the massage therapist, they will be offering facials , waxing and tattooing. We went to the city to find out about zoning and they said all three of us need to get a certificate of use since we all are getting a llc. Then they Said I( the massage therapist) can only use a certain percentage of the area (25% Or less ) for massaging. The rooms does not have a sinks, but we can install one. The bathrooms are a few feet away for the clients to use . My question is What type of Insurance do I need to carry for this type of business ? What are the requirements for my space , like do i need to have my own sink or can we use the public one? Will I get inspected by someone yearly? Also , I wanted to do in home massage for clients so what do I have to do for that? My friends can’t help me because they don’t do massage and this is all our first time trying to run a business. I really love this platform you have created because it’s very helpful. Thank you
I am just finishing up a post for opening a salon in Florida. It will be ready next week. The estheticians will need a salon license and you will need a massage establishment license. The post will have a sample inspection list for establishment licenses and list of requirements for insurance for massage establishments. Local authorities do have the right to make their own laws, and some of them are really, really annoying and unnecessary. 25%? For what reason??
Hello Ivy,
my question is do we need a massaged license establishment if we offer free massages to our clients.
thanks,
Noi
Hi Noi
I would assume if a licensed massage therapist is providing massage at a location, regardless of price, you would need an establishment license. This is only my assumption. You can always email question to the BOM if you want a definitive answer.
Dear Ivy,
thanks for “holding my hand” and helping me keep my sanity while dealing with the Board of Massage in Florida. I talked to many people there, giving me all different answers, I am glad my medical licenses and national credentials were not as frustrating as dealing with florida rules and tel. staffing. They have the most convoluted system I have dealt with in my 45 years in health care…this includes working with hospital systems! I finally got the florida license. thanks again for advice and positive attention when I was ready to give up.
So glad to hear you got your license! Best wishes as you begin your career in FL! I am back in Iowa, but will be back down when the weather turns cold here. Hoping to arrange a get together with some FL LMT’s when I return.
have you seen a contract that I can hire a LMT on an as needed basis. Really important until we get a base of clients. I just can’t afford to have an LMT on staff waiting for new clients to schedule.
Hello Mac,
I have not seen a contract for something like that. I would think if you start telling people when to show up instead of when they can have a room to work, you start running into employee IRS rules and not independent contractor rules.
I wish I could be of more help in this area, but it is not my expertise.
Hello Ivy,
Thank you for your post and helping clarify some questions I had about establishment license. I live in a home in Orlando, FL and it has a addition to it. The Studio area is attached in the back of my home, has it’s own entrance, bathroom, kitchen, and room. I would like to open this studio up for massage and want to make sure I meet the legal requirements.
I rent a home and it is in a residential area… How do I know if the home is in compliance with all local building code requirements?
What companies do you recommend for property damage and bodily injury liability insurance coverage?
I appreciate any help or guidance you could direct me in.
Thank you
Brandy Watters, LMT
Hi Brandy,
Occupational licenses and zoning laws are not my strong suit. Every city/municipality is different. There are just too many to keep up with. So, here are a few places you could look to start for getting an occupational license and check zoning.
Info on Orlando Occupational License -http://www.orlandowebwizard.com/how_to_start_a_small-business.html (ask about zoning here too – or check with the city clerk)
DBA registration for FL = https://efile.sunbiz.org/ficregintro.html
Getting a Fed EIN Tax ID number – http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online
As far as insurance, I have Massage Mag Insurance Plus. I have been happy so far, but luckily have not had to use the coverage. It does include slip and trip with your bodily injury coverage.
I hope this helps!
Hi Ivy,
Just to give you an update. After following your website advice and getting your manuals I am now a LICENSED FL MASSAGE THERAPIST!
Yes I put it in CAPS because I am so happy. I wanted to thank you for sharing your knowledge and making this step an EASY one!
I won’t be in Florida until March but am already looking at getting information on rental property to view so I can apply for my Establishment License :):)
Thanks Ivy!!
YAY, Ayesha!
I love, love, LOVE IT when people let me know that they got their license! I wish you the best of luck on your move in March. Please feel free to contact me anytime if you have any questions along the way.
Thank you so much Ivy!
Ivy,
First I’d like to say thank you for your informative site.
I’m renting a room in a wellness center in Florida and I’ve received my establishment license. The owner of the center told me he thinks I also need a “business” license. I believe he is confusing the business license (which he already has for the center) with the massage establishment license – this is his first time renting to an lmt. I’m working under a DBA not an “Inc.” or “LLC”, if that makes any difference.
If I am correct, where can I get the info to show him proof to ease his mind?
Thank you.
Hi Peter,
He may be confused, but there are lots of cities in FL that also require local business, or occupational, licenses. Like you need more licenses, right? Which towns, cities, or counties require them is more than I can currently keep up with at this time. Usually it is just a place where you register your DBA or the type of business you are running. Call your county or city’s clerk’s office for more information. The fee varies depending on the type of business and where it is located. Hopefully you do not need one. Best of luck!
Hi Ivy! I am about to get my license and I was recently offered to rent space in a yoga studio. I will be my own entity, doing business as sole proprietor and simply renting a room inside the studio. The owner is not an LMT. I am required to have an establishment license, correct?
I looked into the details, and I am caught in the legalese:
Proof of insurance states: 1) proof of insurance MUST list the exact business name, address and owner(s) of the establishment as listed on the application and 2) only an LMT who is the owner of an establishment can use ins from a professional organization to satisfy the requirements for establishment license.
Soo–1) do I need an E-license? Assuming I do, then: 2) if it’s going in my name, then since I am not the owner of the yoga studio am I not allowed to use my FSMTA ins? 3) Do I list myself as the owner on the application, with the address of the yoga studio, since it’s like I own myself, my sole proprietorship, and I’ll be doing my business at the studio?
Thanks much, you’re the _only_ helpful resource I found on the web about this stuff!
Hi Laura
You are correct that you do need an establishment license. After that, things get kind of tricky. It depends what you want to do.
It depends if you are going to use the studio’s name in advertising, or use your own business name.
Laura LMT MAXXXXXX at Yoga Studio MMXXXXX or
Laura LMT MAXXXXXX at Laura’s Spa MMXXXXX
It also depends if you want to be able to take the license with you when you leave, or if the Yoga Studio wants to own the license and keep it.
Because of these variables, I would suggest you figure out what you want to do and then contact the BOM. I just do not want to make you get more insurance than you need. I think they would have the best answer for you, even though it will take some time to call them and explain it.
Sorry about my delay. I had 3 messages from this blog go to my spam folder for some reason. Just catching up now!
Hi Ivy,
Thank you for this great blog!
I’m hoping you can further clarify with my situation 🙂
I’m insured with Insurance Plus. I’m going to be renting a room in an acupuncture clinic as a sole proprietor DBA Riverside Orthopedic Massage (in Florida).
The FLBOM requires property damage insurance. Is this what Insurance Plus is calling renters insurance or is it their general liability/trip and fall? Bodily injury liability, I’m guessing is their malpractice/professional liability insurance. Is their amount enough to satisfy FLBOM to get an establishment license?
I’m just insured under my name/MA#. Is that ok or does my insurance have to be under my DBA name? I went back and didn’t see that option when applying for Insurance Plus.
If the inspector doesn’t call before showing up, how will I know when to be there? I can’t start working there until I have an establishment license and the acupuncture physician isn’t there 9-5, all 5 days a week.
Thank you so much!
Hi Ivy, I just got my Massage Establishment license today a large part of it due to you and this site helping me get ready for the application process and inspection. Here’s my question here in Flroida as I’m sure you know we therapists must lamenate our licenses have a passport size picture on it and frame it to hang on the wall. I know I need to frram and hang my establishment license but does it also need my picture affixed to it and does it need to be laminated as well? Can’t wait to hear from you thank you for all or your advice!
-Ashley
Ashley,
Sorry about the delay in getting this posted. Congrats on your establishment license!
I have never heard that it needs to be laminated, or that an establishment license require a picture – just practitioner licenses.
Best wishes in your new establishment!
I intend to rent space in an Acupuncture facility that is also a medical facility. The acupuncture physician says he does massage (tui na) and that massage is covered under his medical facility license. Should I apply for an establishment license or is it covered under the medical facilities license. I will only be doing 15 min spot treatments. in Florida by the way
Hi Vondette,
I do not know about the LAc, but If a licensed massage therapist is offering massage therapy at a location, a massage establishment license would be required. I have not heard of and exclusion for a medical facility. You can ask the BOM though. They will be open Tuesday, but may have a lot of people calling in with renewal questions.
Ivy
I am a business/massage establishment owner and one of my contract employees has informed me that she does not need malpractice insurance because she thinks that if anyone is hurt while receiving a massage under my roof, no matter who gives the massage, that my company is liable. Never heard such a thing! Please clarifyi.
Thank You!
I have always required individual therapists to have their own insurance
Terri,
Ummm… No.
If you are paying her malpractice/professional liability insurance, then she is covered (which it does not sound like this is the case).
So, she needs to get liablity insurance -now.
Here is what I use (affiliate link) http://www.massagemagins.com/bloggy.
And I would not let her work until she is covered (it can be done easily in a day). Most states require MT’s to have their own insurance to practice.
What she may think is that she is covered for your business liability – say if a client slips/trips or falls on your property.
Hello! Thank you for your website! I am an immigrant from Russia. In Russia I am a licensed massage therapist with experience of over 10 years. Now I live in Florida and want to work in a profession. Unfortunately, I have bad English, but I am learning every day. I work at a low work and I do not have a lot of money for training in massage school. I want to know if you are running this version. I want to take 400 hours of online theory, 200 hours of full time in the “U.S. Career Institute “. I know exactly what this company is officially accredited by the state of Colorado. I’m very comfortable online learning, as it is associated with poor English. Then, I want to pass a state exam in the same place in Colorado, get a license (Colorado). And then I’ll deal with Colorado license transfer for a license in Florida. Say it work? Sincerely, Nikolay
Hi Nikolay – Florida is quite picky about the hours requirement. I would highly doubt they would accept the online education hours. Colorado may be okay, but just getting your license there will not automatically get you an FL license. I would verify this information with the FL board first before signing up for the program if you are thinking about moving to FL someday. I hope this helps!
We have been approached by someone who will soon be getting his massage therapist license.
We have a small (900 sq ft) open space salon where we currently offer hair services and mani/pedis. He seems to think he will be able to clear a space on the salon floor and screen it off to perform massages. There are no enclosed treatment rooms or space (or resources) for them. He wants us to pay the application and licensing fees, which he says he will reimburse us a portion. He also is offering a 60/40 split (his is the 60). He has projected earnings for our share of about $400+ a week. I don’t find this whole scenario feasible, it leaves too many questions unanswered. My research has turned up inaccuracies in the info he’s given us in the establishment licensing procedure. What are your thoughts on this whole thing?
Susan – Please excuse my delay – I am have been busy with the FL Renewal and not checked this site for a few weeks. I am a little leery of the projected earnings since the person is new to the MT field. Building a business takes a lot of time. If things do not add up in your opinion, then I would pass. If you are okay with working with this person and taking a gamble on the earnings while the business is started, then go for it. If the establishment license is in your business’ name, it will stay with you. I hope this helps!
I have a FL massage establishment license. Can my second treatment room be rented out or must the LMT be either an employee or independent contractor of mine to use my establishment license?
Thank you!
Hi Leah, I would think that the license is location specific and you would not need anything additional for the same location (regardless of the employment situation). This is a great question and I would email the Board just to make sure you are okay.
A very good post. I think massage therapy business is good and has chances of flourishing this business are quite good. I am planning for a business, so just looking at the pros and cons of it. Can you please explain in detail what all will be needed and how much investments are needed? Is it a field which can promise good earnings? Please reply asap. 🙂 Thank you..!!
now that I know about the establishment lic. what about the insurance coverage? Should I keep my personal liability and add Establishment Insurance ? Where should I look for the insurance?
It depends on what you mean by “establishment insurance”
You will need personal liability (amta, abmp or massage mag) and property insurance. Some massage liability plans include this, others dont. You may just need to contact your provider and ask What your plan includes.
On the establishment application under ownership type do I check “other” if my company is a LLC? Also, in my case two of us own the LLC but only the LMT(majority owner) will be running it so do both of us still get listed as owners or just the LMT and will the LMT’s Massage Mag insurance satisfy the insurance requirements?
I do have massage mag insurance, but I actually do not have an establishment license (living in Iowa currently). So, I am not sure if it is sufficient. Does Massage Mag include Personal Property Insurance? If it does, I would call the BOM and ask them if the amount of coverage is sufficient. That would be my only concern. While you are on the phone (you can email them too-easier) ask them about the establishment classification. I would be willing to bet, that “other” is what you need to mark down. Wish I have more definite answers for you. But those are some things that I am not entirely clear about. Good questions!
What are the limitations upon opening a practice out of your home? I live in a 2 bedroom 1 1/2 bathroom condo. It is two stories. The first floor is the living room, kitchen, half bath and office which is a separate room with a door. The second floor is 2 bedrooms and a bathroom. I remember from school that if you open a practice in your home you need a separate entrance strictly for your massage practice that is separate from the rest of your house. Is this true? Also, my condo is zoned both business and residential. I would use the first floor strictly for business and I would live upstairs. My question is would I be able to get a massage establishment license with these conditions?
Hi Ben,
I wish I had better answers for you, but I think I recommend contacting the Board about this one (you can email them too). I want to say it sounds fine, but I am just not sure exactly that is what they will say. If the BOM says it is okay, I would think you should have a nice office for yourself. I even think I may be a little jealous. Best wishes!
Hi Ivy, thanks for sharing your info with us. My question is: Are massage establishments located in private residences in Florida required to be ADA compliant in term of access and bathrooms? In our zoning, we are permitted by the City to have a massage establishment in our home; however, our home is likely not ADA compliant. Thanks for any help you can give us.
Sorry Beth – I have been out of town and did not get the message from this email! I am not aware the the DOH will check for ADA compliance during an establishment inspection. If you are making improvements to the house, then you may need to keep ADA compliance in mind, but otherwise I do not think ADA compliance is required for your massage establishment to be granted a license – http://www.ada.gov/pubs/mythfct.txt. You can always email the BOM and ask.
Hello, I love your web page! Thanks so much for having this site filled with great information! I am wondering how I find out if I am able to offer massage at my residence?
Also, I am thinking of renting a room at a nail salon. How do I find insurance to carry if I am not a member of FSMTA,NCBTMB, AMTA etc. ? Can I just call my regular homeowners insurance and have it added?
Hi Andrea, Sorry about the delay in my response. This post went to my spam folder!. You can get business insurance anywhere.And as far as practitioner liability I am sure they could find something for you too. I get my insurance from Massage Mag Insurance Plus and have been happy with their coverage. You might want to check them out if you have not got anything yet. Again, so sorry about my delay!
Do Government agencies need an establishment license? They are under even more strict guidelines than any board.
I do not see any exclusions for the establishment license, so I would assume they do need one. You could always contact the BOM and ask to verify this if you are interested in practicing in one.
Thank you for posting all the information you do. It has been very helpful to me.
Question, I have been going around and around between the insurance company and trying to get someone at the FL board to answer the phone.
I am going to be working in an office out of an Athletic Training Facility. We have chosen to let the Athletic Facility get the massage establishment license so they can have other therapists come if I choose to leave. We have everything ready, but when I called their insurance agent to find out if the “establishment” part is covered (keep in mind this is all under one roof), I was given an attitude as if to say the Facility should not be the one with the coverage, but instead the therapist as he/she is the one working on the client. SO, my question is, when they say that a Massage Establishment is required to have personal and bodily insurance coverage, does the bodily part refer to someone who falls in your room/area and the insurance carried by the individual therapist covers if he/she is being sued for injuring the client?
The personal part of the policy is fine as it covers if anything is stolen in my area. But the bodily is another issue and I can’t seem to get this to work out.
Please help if you are able to.
I think I understand your question. I will try to answer.
There are two types of insurance you need for the establishment-
One – Personal Property Insurance – This is the “slip and trip” insurance if someone falls and gets hurt on their property (which should include where you work). The facility should already have this type of insurance I would imagine.
Two – Every MT needs to have there bodily injury/malpractice insurance (AMTA-ABMP-Massage Mag Ins Plus). This is the insurance you need in case you hurt someone during a massage. I doubt the facility can buy this for you. I would just keep a copy of your insurance on hand for the inspection.
Does this help?
Thank you very much for your response. I am sorry, I said personal and I meant property damage. : ( My dilemma is that the packet I printed for a massage establishment license says “the owner(s) or corporation(s) are/is required to maintain property damage and bodily injury liability insurance coverage”. No one is able to tell me what “bodily injury” is. I contacted the board at one point and was told that the bodily injury insurance covers the establishment and not the therapist. I tried calling them back for more details and have not been able to get an answer. So, am I to assume that bodily injury means slip and fall? I have searched the statutes and internet and spoke to an agent and no one can seem to answer what is “bodily injury” coverage for an establishment. Have I sent you in to a whirlwind with me? hahahaha Thank you again.
Its my great pleasure to visit your blog and to enjoy your awesome posts here.
As a LMT in fl. I want to rent a room from acupuncture practice can I get the establishment lic or does the owner of the business I’m renting from have to get the lic? Thanks Brenda
That is a great question! I do not see a place where it says you cannot have it, but I am not entirely sure about this. That means you should contact the BOM to verify what is best for you to do. I will be emailing them tomorrow and I will post their answer here too.
Just a few questions – Are you going to advertise under the LAc’s business name, or will you be advertising under your own business name?
In the meantime… Here is an article I recently read about two massage therapists in FL that were fined for no establishment license.
Okay Brenda,
Here is my reply from the FL BOM…
“An establishment license is owner specific so if the license is filed in the therapists name and the therapist leaves then the license is that therapists and she/he may take the license to a new location. If the establishment is listed as the owner of the license then the license will remain at the facility (chiro, salon, etc..).
So now you just need to decide what is best for you 😉 I hope this helps. Good Luck!