Advertising Rules

About 28 minutes · ss. 480.0465 and 480.046(1)(d)–(e), F.S.; s. 456.072(1)(a), (m) and (t), F.S.; s. 456.062, F.S. (for contrast); Rule 64B7-33.001, F.A.C. (definition of "advertising medium": see Chapter 2)

17.1 Why advertising is regulated

Chapter 1 explained that the Act protects the public from economic harm as well as physical harm, and Chapter 15 explained why the Legislature is concerned about illicit businesses posing as massage establishments. Advertising is where these concerns meet. A client chooses a practitioner on the basis of what the advertisement says; an unlawful operation recruits customers the same way. The advertising rules therefore do two jobs: they give the public the information needed to verify that a practitioner or business is licensed, and they prohibit advertising that trades on illegal services or deceives.

Chapter 2 defined "advertising medium" broadly: any newspaper, airwave or computer transmission, telephone directory listing (other than a bare name-address-telephone listing), business card, handbill, flyer, sign (other than a building directory) or other written or electronic advertisement. A website, a social media page or post, an online directory profile, a text message campaign, a map listing and a business card are all advertising media. Everything in this chapter applies to each of them.

17.2 How a regulator reads an advertisement

Most students read advertising as a client does, looking for price, location and a reason to call. A regulator reads the same page differently. She asks a short list of questions in a fixed order, and learning that order lets you review your own advertising before anyone else does.

Question one: what kind of thing is this? If it is an advertising medium.">advertisement of massage therapy services in any advertising medium, the whole chapter applies. The definition is broad, as Chapter 2 explained, and it does not depend on whether you paid for the space. A free post on your own social media page is an advertisement if it promotes your services.

Question two: whose names appear? Every licensed therapist and every licensed establishment named in the advertisement needs a license number shown. The regulator makes a list of the names on the page and checks the numbers against it.

Question three: is the identifying information there? The physical address of the establishment and the telephone number provided to the Department should appear, subject to the statutory exception for owners of more than five locations.

Question four: does the advertisement identify the type of license? If it names a practitioner, it should tell the reader that she is a licensed massage therapist.

Question five: what does it say about services? The regulator looks for any statement, or any coded wording, that sexual, escort or prostitution services are available, and for claims that are false, deceptive or misleading.

Question six: where is it? The regulator looks at the placement. An advertisement on a website known for advertising prohibited services is a violation however it is worded.

Question seven: who put it there? The regulator asks whether the advertisement was placed by the therapist, the owner, an employee or a third party directed by one of them. Each is bound.

You can use the same seven questions as a self-check. If you can answer each one with confidence, the advertisement is in good shape.

17.3 What every advertisement must contain

Section 480.0465(1) is the core requirement: "Each massage therapist or massage establishment licensed under this act shall include the number of the license in any advertising medium.">advertisement of massage therapy services appearing in any advertising medium, including, but not limited to, newspaper, airwave transmission, telephone directory, Internet, or other advertising medium." It continues: "The advertisement must also include the physical address of the massage establishment and the telephone number that has been provided to the department as part of the licensing of the establishment."

The Board's Rule 64B7-33.001 implements this and adds detail:

• Subsection (1): each licensed therapist or establishment must include the license number in any advertisement of massage services.
• Subsection (2): any advertisement in any advertising medium "shall include the license number of each licensed massage therapist and each licensed massage establishment whose name appears in the advertisement," plus the establishment's physical address and the telephone number provided to the Department through licensing.
• Subsection (3): the rule repeats the definition of advertising medium, expressly including the Internet.
• Subsection (4): nothing prohibits use of a properly registered corporate or fictitious name, if registered according to Florida law (the "doing business as" name introduced in Chapter 2).

The consequence of the "each ... whose name appears" language is practical. An ad for an establishment that names three therapists must carry the establishment's license number and the license number of each of the three therapists. An advertisement that names a therapist and an establishment needs both numbers. If you are not sure whose numbers belong, list every licensed person or business named.

The exception, and a statute-versus-rule point. Section 480.0465(1) contains an exception: "the inclusion of the physical address and telephone number is not required for an advertisement by a massage establishment whose establishment owner operates more than five locations in this state." The Board's rule, as we reviewed it, does not repeat that exception. Chapter 1 taught the principle: the statute is the higher authority, and a rule cannot take away what the statute provides. A multi-location operator that relies on the exception is relying on the statute, and should read both texts, keep its license numbers in every advertisement (the exception does not affect them) and confirm any doubt with the Board.

Therapists with no establishment. The statute speaks of the address of the massage establishment and the telephone number given to the Department when the establishment was licensed. A therapist who works only at clients' homes, offices or at events under the exceptions in Chapter 11 does not operate an establishment. Such a therapist must still include a license number in every advertisement. How to treat the address and telephone elements in that setting is a question to ask the Board.

17.4 What a compliant advertisement looks like

Abstract rules are easier to follow when you have seen a model. The example below is fictional. The names, numbers and address are invented for teaching, and the layout is one of many possible approaches.

Riverside Therapeutic Massage Establishment license MM-0000000 (example only) 123 Example Street, Anytown, Florida (example only) Telephone: (555) 555-0100 (example only)

Maria Example, Licensed Massage Therapist, license MA-0000000 (example only) Therapeutic massage by appointment. Gift certificates available.

Walk through the seven questions. The establishment and the therapist are both named, and each has a license number. The address and telephone number are present. The therapist is identified as a licensed massage therapist, which meets the license-type disclosure. The services are described plainly. Nothing in the wording suggests anything other than therapeutic massage. The advertisement does not claim to cure anything. If a second therapist were added to the advertisement, her name, title and license number would be added too.

Now consider small variations that change the analysis.

If the ad names only the establishment. Only the establishment's number is required for the license-number element, but if a therapist's name is not shown, her number is not required. The address and telephone number are still expected.

If the ad names only the therapist and she works in an establishment. Her number is required, and the statute also calls for the establishment's address and telephone number. If the establishment's name is shown, its number is required too.

If the advertisement is a business card. A business card is an advertising medium. The same elements belong on it. Many therapists find that the back of the card has room for the license information.

If space is very small. The rules do not provide a shorter version for small spaces. If an advertisement cannot hold the required information, the answer is a different format, not omission. A short online post can link to a page that holds everything, but the post itself is still an advertisement and the safest course is for it to carry the license number.

17.5 Medium by medium

Because the definition of advertising medium is so wide, it helps to walk through the places where therapists actually advertise. The notes below are practical applications of the rules in this chapter. They do not add requirements that the text does not state.

Your own website. Put the license information where every visitor will see it, such as a footer that appears on every page, and repeat it on pages that promote services. Keep the address and telephone number current.

Online directory and map listings. A profile you create on a directory is an advertisement, and so is a listing you claim. Fill in every field the directory offers for license information. Choose directories carefully, because the placement rule applies to online advertisements on a website known for advertising prohibited services.

Social media profiles. A profile biography is an advertisement if it promotes your services. Put the license number and the license type in the bio, since a bio is always visible. Posts that promote a service or a special are advertisements too, so a short line with the license number at the end of such posts is a sound habit.

Short-form video and stories. A video that promotes services is an advertisement. Put the required information in the caption or on screen, and keep a copy of what you published.

Email and text campaigns. A promotional email or text message to clients is an advertisement in an electronic medium. Put the license information in the signature block or footer of the message.

Business cards, flyers and handbills. These are named in the definition. Put the full set of required information on each.

Signs. The definition covers a sign other than a building directory. A storefront sign that names the business and promotes services is an advertisement. Ask the Board how the license-number requirement applies to exterior signage if you are unsure.

Print advertising and directories. A newspaper or magazine advertisement, and a telephone directory listing that goes beyond a bare name, address and telephone number, are advertising media.

Gift certificates and menus. These are not named in the definition, but if they promote your services to the public, treat them as advertising and carry the information.

Podcasts and radio. Airwave transmission is named in the statute. If you advertise on air, ask the Board how to give the required information in an audio format, and consider also publishing it in a written form that accompanies the ad.

Employee and personal accounts. An employee who promotes the establishment on her personal social media is advertising, and the establishment owner may be responsible if the advertisement was directed. Give employees clear guidelines and a template.

17.6 What an advertisement may never say

Section 480.0465(2) was strengthened in 2024. "A massage therapist, an establishment owner, an employee, or any third party directed by the establishment owner or employee, may not place, publish, or distribute, or cause to be placed, published, or distributed, any advertisement in any advertising medium which states prostitution services, escort services, or sexual services are available."

Three features:

• Who is bound. Therapists, owners, employees and any third party they direct, which reaches marketing agencies, web designers, freelancers and anyone the business hires to post or distribute advertising. An owner cannot avoid responsibility by having a vendor write the listing.
• "Cause to be" placed. It is enough to arrange for the advertisement, even if someone else actually publishes it.
• "States ... are available." The prohibition is on advertisements that state such services are available. Coded wording that clearly communicates the same thing (and that regulators read in context) is treated by the Board as the same violation, and it is also a recognized trafficking indicator (Chapter 15).

A companion provision, s. 480.046(1)(e), makes it a ground for discipline to advertise "to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in s. 480.0485" (Chapter 16).

17.7 Wording that crosses the line, and wording that does not

Students often ask where the line is. The statute says that advertisements may not state that prostitution, escort or sexual services are available, and the Board reads wording in context. Since the line is drawn by meaning, the best guide is to ask how a reasonable reader would understand the advertisement.

Plain description is safe. Say what you actually do: therapeutic massage, sports massage, prenatal massage, deep tissue massage, relaxation massage, by appointment, performed by a licensed therapist. Plain words attract the clients you want and cause no regulatory concern.

Coded wording is dangerous. Phrases that hint at extra services, such as references to special extras, discretion, "happy endings," or "everything included," can be read as a statement that sexual services are available. Treat any wording that would make a reasonable reader think more is on offer than therapeutic massage as off limits.

Images are part of the message. Photographs, icons and stock images that suggest sexual services can be read as part of the statement. Use images that show a professional setting: a treatment room, a table, a therapist in professional clothing, a client who is properly draped.

Names and descriptions can mislead. A business name or tagline that suggests something other than therapeutic massage can draw the wrong attention. A name is a legal choice, and Chapter 2 described the registration of a corporate or fictitious name. The name should also fit the services.

Pricing language can send signals. Pricing based on what is shown or done, not on time, can suggest services that are not therapeutic. Time-based pricing is the usual model for therapeutic massage.

Hours can send signals. Very late hours alone are not prohibited, but together with other indicators, they can add to a pattern. Be sure your hours reflect your actual business.

Reviews can bring trouble. If a reviewer describes your services in a way that suggests more than therapeutic massage, do not endorse or repeat the review. Respond politely that you offer therapeutic massage only, and ask the platform to remove inappropriate content if you can.

A test you can apply. Show the advertisement to a person who does not know your business and ask what services she thinks you offer. If she names anything other than therapeutic massage, revise.

17.8 Where an advertisement may never appear

Section 480.0465(3) adds a place-based prohibition, also aimed at the same targets: a massage therapist, establishment owner, employee, or third party they direct "may not place, publish, or distribute, or cause to be placed, published, or distributed, any online advertisement on any website known for advertising prostitution services, escort services, or sexual services."

This provision does not depend on what the advertisement says. A perfectly worded, fully compliant advertisement is still a violation if it appears on a website known for advertising those services. The reasoning is that the audience and context make the placement itself a signal. Before using any online directory, classified site or listing service, confirm what the site is known for. If the site is known for that kind of advertising, do not use it, no matter how the listing is worded.

17.9 Choosing where to advertise

The placement rule creates a due-diligence duty. A therapist or owner who wants to use a new directory, classified site or listing service should ask a few questions first.

What is the site known for? Search the name of the site together with words describing its reputation. News coverage, public statements by law enforcement or the Department, and the site's own categories can show what it is known for.

What categories does it offer? A site with sections devoted to adult services or escorts is a warning sign. If a massage category sits beside such sections, the context may be treated as part of the placement.

What do other listings look like? If other listings in the massage category use coded wording or suggestive images, your listing will appear among them. A reader will see yours in that context.

Would you be comfortable explaining the placement? If the Board asked why you chose the site, would your answer be comfortable? If not, choose another site.

Is the site recommended by reputable sources? Professional associations, the Board's own communications and reputable business directories are safer sources of leads than unknown sites.

What do you do if you find yourself on a bad site? Remove the listing at once and keep a record of the date. If a vendor placed it, tell the vendor in writing to remove it and to stop. Review other placements the vendor made.

What if the site changes? A site that was neutral can become known for prohibited advertising. Recheck your listings every few months, and remove any that are on sites whose reputation has changed.

17.10 Working with marketing vendors

Many owners use web designers, agencies or freelancers to build sites and manage listings. The statute binds any third party directed by the owner or employee, and it covers causing an advertisement to be placed. An owner who hires a vendor is therefore responsible for what the vendor does on her behalf. Good vendor management protects the business.

Choose the vendor carefully. Ask for examples of other work. Be wary of a vendor who promises large volumes of customers quickly or who suggests that "extras" attract more bookings.

Brief the vendor in writing. Give the vendor a short written brief that states the rules: the license numbers, address and telephone number, the license-type wording, the ban on any statement that prohibited services are available, the ban on sites known for such advertising and the requirement that claims be truthful. Ask the vendor to confirm that she understands.

Put the rules in the contract. A contract can require the vendor to follow the advertising rules, to obtain approval before publishing anything and to remove any content on request. It can also say that the vendor may not post on any site without approval. Keep the contract simple and have an attorney review it if you can.

Approve everything before it goes live. Ask to see every advertisement, listing and page before publication. A rule that nothing is published without the owner's approval is the best protection against surprises.

Keep control of the accounts. The owner should hold the master login for the website, directories and social accounts, or at least have administrator access. A vendor who controls the only login can post without oversight.

Review what is published. After the vendor posts, check the live version. Make sure it matches what you approved.

Keep a list of every site where the vendor has posted. When the relationship ends, ask for the list and remove or take over each listing. Old listings that remain after a vendor leaves are a common source of problems.

Respond at once to problems. If you discover a problematic advertisement, tell the vendor in writing to remove it, confirm removal, and consider whether to continue the relationship.

17.11 False, deceptive or misleading advertising

The statute also reaches ordinary deception. Under s. 480.046(1)(d), "false, deceptive, or misleading advertising" is a ground for discipline. Chapter 456 backs this up with grounds that apply to every health care practitioner: making misleading, deceptive or fraudulent representations in or related to the practice (s. 456.072(1)(a)) and making deceptive, untrue or fraudulent representations or employing a trick or scheme in or related to the practice (s. 456.072(1)(m)). Chapter 18 lists these among the grounds; here are the advertising applications.

Examples of advertising that raises these concerns:

• Claiming credentials you do not hold: a title, certification, degree or specialty you have not earned. (Chapter 3 noted that credentials are also part of the disclosure to clients for complementary or alternative treatment.)
• Claiming to hold a license or be exempt when you are not: Holding yourself out as a licensed massage therapist without a license is also an offense (s. 480.047(1)(a), Chapter 20).
• Claiming to treat, cure or diagnose conditions beyond what the license permits (Chapter 3).
• Misrepresenting prices, services or who will provide them: a bait-and-switch, or advertising a licensed therapist while sending an unlicensed person.
• Using another person's license number or an expired or fictitious number: it is separately unlawful to present another's license as your own or to allow your license to be used by an unlicensed person (s. 480.047(1)(d), (e), Chapter 20).
• Fake or misleading testimonials and photos: a client review or a before-and-after claim that is invented, paid for without disclosure, or does not reflect real results can be a deceptive representation.
• Implying an official endorsement: suggesting that the Board or the Department approves, recommends or guarantees a practitioner or business.

The test is not whether the statement is technically true in some narrow sense. It is whether the advertisement, read as a reasonable client would read it, is false or likely to mislead.

17.12 Health claims and massage

Advertising for massage therapy sits close to health care, and it is easy to drift into claims about health that the license does not support. Chapter 3 explained that a massage therapist does not diagnose, prescribe or claim to cure. Those limits apply to advertising as well.

Do not promise cures. An advertisement that says massage will cure a disease, remove toxins, reverse a medical condition or replace medical care is likely to be false or misleading. Massage can help people relax, relieve muscle tension and improve comfort, and the advertisement can say so in measured terms.

Do not claim to diagnose. A therapist may notice findings and refer, but she does not diagnose. Avoid language such as "we diagnose and treat your condition."

Use measured language. Words such as "may help," "can support" and "many clients report" are more accurate than words such as "guaranteed," "eliminates" or "permanently fixes." Do not use measured language as a loophole for a claim that is really a promise. If the overall impression is that a result is certain, the advertisement is likely misleading.

Be careful about specialties. If you advertise a specialty such as prenatal or oncology massage, make sure that you have the training you describe and that the claim fits what your license permits. Do not use a title that suggests a credential you do not hold.

Be careful about comparisons. Statements such as "the best in Florida" or "the only licensed therapists in town" are claims that can be false or misleading. If you cannot prove a comparison, do not make it.

Be careful about before-and-after claims. A result that is unusual should not be presented as typical. A photograph or testimonial that does not reflect real results can be a deceptive representation.

Testimonials. Use real reviews from real clients, with permission. Do not invent reviews, do not pay for reviews without disclosure and do not edit a review so that it says something the client did not say. Chapter 10's confidentiality rules also apply: do not identify a client or reveal any health information without written permission.

Do not suggest an official endorsement. Do not use language, seals or logos that suggest the Board or the Department approves or recommends your business.

Discounts and promotions. The promotion can be as attractive as you like, but it must be accurate. State the real price, the real terms and any limits. A bait-and-switch, such as advertising a low price for a service that is not actually available at that price, is deceptive.

17.13 A related disclosure: the type of license

Section 456.072(1)(t) imposes a rule on every health care practitioner. A practitioner must identify to a patient, "through written notice, which may include the wearing of a name tag, or orally," the type of license under which the practitioner is practicing, and "any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds." (The paragraph does not apply to a practitioner providing services in a facility licensed under chapters 394, 395, 400 or 429, and each board decides by rule how its practitioners may comply.)

For a massage therapist, this means that an advertisement that names you should say that you are a licensed massage therapist, in addition to carrying your license number. A stylized or invented title that does not tell the client the type of license you hold does not meet the paragraph. Failure to make the disclosure is a ground for discipline.

A contrast worth noting. Section 456.062 requires a special capitalized statement in advertisements for free, discounted-fee or reduced-fee services by health care practitioners licensed under a list of chapters (medicine, osteopathy, chiropractic, podiatry, naturopathy, optometry, nursing, pharmacy, dentistry, midwifery and others). As printed in the 2026 statutes, Chapter 480 is not among the chapters listed. The requirement that applies to the listed professions therefore does not by its terms apply to massage therapists. All the other advertising rules in this chapter, including truthfulness and the license-number and address requirements, apply to promotions and discounts. If you also hold another license that is listed in s. 456.062, the statement requirement may apply when you advertise under that license.

17.14 Advertising questions that come up in practice

The therapist who works in two places. A therapist who works at two establishments should be careful to use the correct establishment's information in each advertisement. Mixing up addresses, telephone numbers or license numbers can mislead clients and can create a record problem.

The name change. If a therapist's name, the establishment's name or a telephone number changes, every listing must be updated. Keep a list so that none is missed. Old listings with outdated information can mislead clients.

The new license. A new graduate who has not yet received a license number should not advertise as a licensed therapist. Chapter 20 describes the offense of holding yourself out as licensed without a license. Wait until the license is issued and the number is known.

The expired or inactive license. An advertisement that continues to run after a license has lapsed is a risk. Chapter 9 explained renewal. If your license is not active, take down advertisements that present you as licensed until it is.

The mobile therapist. A therapist who works at clients' homes, offices or events has no establishment, so the address element is not a good fit. She must still include her license number and should identify herself as a licensed massage therapist. Ask the Board how to handle the address and telephone elements.

The franchise or chain. The statutory exception for owners of more than five locations applies to the address and telephone number, not to license numbers. A company that relies on the exception should confirm its approach with the Board and keep license numbers in every advertisement.

The joint promotion. If you appear in an advertisement with another business, such as a gym or a salon, the advertisement is still an advertisement for your services. Make sure the required information is present, and that the other business's wording is also appropriate.

The referral program. A program that rewards clients for referrals is a business decision, but the advertising of it must be truthful and must not suggest anything improper.

The gift card. A gift certificate or card that promotes your services should carry the license information, the same as any other promotional item.

The advertisement written by a client. If a client posts a review or a recommendation, you are not the author, but you should not repost or promote wording that suggests prohibited services. Ask the client to revise or ask the platform to remove it.

The out-of-state template. Advertising templates written for other states may not include Florida's required elements. Adapt any template before use.

The old advertisement that is still online. Search for your name and business name periodically. Remove or correct old advertisements and listings that remain.

17.15 Record keeping and routine checks

The advertising rules are easiest to follow when they are part of a routine. A small set of habits, applied regularly, prevents most problems.

Keep dated copies. Save a copy of every advertisement as published, with the date and the place. Screenshots, PDFs and copies of printed pieces all work. If the Board asks what you published on a given date, you can answer.

Keep a master record of required information. One document should list your license number, the establishment's license number, the address and telephone number as provided to the Department, and your approved wording. Update it when anything changes.

Keep an advertising register. List every place you advertise, the date it was posted, who posted it, the date it was last checked and whether it needs updating.

Check monthly. Once a month, review the register. Open each listing and compare it with the master record. Fix anything that is out of date.

Check after every change. Whenever the license number, the address, the telephone number, the staff or the name changes, update every listing the same week.

Brief every new employee. Give each new worker the advertising guidelines and a template. Ask her to confirm that she will follow them and will not post anything promoting the business without approval.

Respond promptly to complaints. If a client, a colleague or the Board raises a concern about an advertisement, review it at once, correct it and note what you did.

Know how long to keep records. The text reviewed for this course does not state a retention period for advertising records. Ask the Board, and in the meantime keep records for as long as is practical.

Make one person responsible. In a larger establishment, name a person who owns the advertising checklist. If everyone is responsible, no one is.

Write the rules down for the team. A short one-page guide that lists the required elements, the banned wording, the approval step and the name of the person to ask turns the checklist into something every employee can actually use. Review it with new staff on their first day, and again each year, so that the habits stay fresh and nobody has to guess whether a post is acceptable before they publish it on behalf of the business.

17.16 Advertising checklist

Use this list for every ad, web page, profile and directory listing. It works for a business card and a social media bio alike.

1. License number(s): each licensed therapist and each licensed establishment named in the ad.
2. License type: the practitioner is identified as a licensed massage therapist.
3. Establishment address and telephone number as provided to the Department (unless the more-than-five-locations exception applies).
4. Registered business name: a corporate or fictitious name registered under Florida law.
5. No statement that sexual, escort or prostitution services are available, including coded wording and images that suggest it.
6. No placement on a website known for advertising those services, and no placement through a vendor that does so.
7. Truthful credentials, services, prices, results and reviews.
8. Vendors briefed: anyone you direct to post or distribute advertising is bound by the same rules, and you are responsible for what they do on your behalf.
9. Review after changes: whenever your license number, address, telephone number, staff or name changes, update every listing and web page.
10. Keep copies: retain a dated record of what you published.

17.17 Frequently asked questions

Does a social media post count as an advertisement? If it promotes massage therapy services, yes. A social media page or post is an advertising medium under the broad definition, and the license number requirement applies.

What if the platform limits the number of characters? The rules do not provide an exception for short formats. Put the license number in the profile biography, which is always visible, and use a short line in promotional posts. If a format cannot hold the required information, choose another format.

Do I need my license number on a business card? A business card is named in the definition of advertising medium, so the advertising requirements apply to it.

Do I have to put the number of every therapist in the practice on the website? The requirement is tied to names. If a therapist's name appears in the advertisement, her number belongs there. A page that names no therapists needs only the establishment's number, with the address and telephone number.

Can I advertise a discount? Yes. Discounts are lawful. The promotion must be truthful, and it must include the required information. Section 456.062's capitalized statement applies to the professions listed in that section, and Chapter 480 is not among them as printed in the text reviewed here.

Can I use the word "therapeutic" in my business name? Using the word is not prohibited, but the name must be registered properly if it is a fictitious name, and the name must not be misleading.

Is it a violation if a client posts something inappropriate on my page? The statute addresses advertisements placed or caused to be placed by the therapist, owner, employee or a third party they direct. A client's post is not such an advertisement, but you should remove or correct it, since leaving it up can be read as endorsing it.

Can I list my services as "medical massage"? The term may suggest a medical credential or diagnosis. Chapter 3 explained that massage therapists do not diagnose. Ask the Board before using a term that may suggest more than the license permits.

What if I am not sure whether wording is acceptable? Choose plain wording. If you are still unsure, ask the Board.

17.18 More scenarios to practice

Scenario G: The bio with a link. A therapist's social media bio says "Licensed massage therapist, book below" with a link to her booking page, but shows no license number. The booking page has the number. Is the bio compliant?

Discussion. The bio is an advertisement in an electronic medium, and the safest reading of the statute is that the number should appear in the advertisement itself. A link to a page that carries the number is helpful but is not the same as including it. She should add the number to the bio.

Scenario H: The directory that changed. An owner listed her establishment on a directory several years ago. The site has since added a section for adult services. She has not looked at it recently. What should she do?

Discussion. The placement rule applies to a website known for advertising prohibited services. She should review the site, consider what it is known for now, and if it has that reputation, remove her listing at once and record the date. She should check her other listings too.

Scenario I: The "medical massage" claim. A therapist advertises "medical massage that cures chronic pain and removes toxins." What are the problems?

Discussion. The claims to cure and to remove toxins are the kind of claims that are likely to be false or misleading, and they go beyond the scope of massage therapy described in Chapter 3. The phrase "medical massage" may also suggest a medical credential. She should describe her services in measured terms, and she should identify herself as a licensed massage therapist.

Scenario J: The employee's personal account. An employee posts a promotion for the establishment on her personal account, with a photograph that is suggestive and a caption that hints at extra services. The owner did not know. What is the exposure?

Discussion. The statute binds employees and third parties directed by the owner or employee. The employee's post may violate the prohibition on stating that sexual services are available. The owner should remove the post, address the matter with the employee, adopt clear guidelines, and consider whether the matter raises a concern that should be reported. Chapter 16 describes the reporting duties.

Scenario K: The new graduate. A graduate who has passed the exam but has not yet received her license starts advertising as a "licensed massage therapist" to build a client list. Is that permitted?

Discussion. No. Holding yourself out as licensed before the license is issued is both a deceptive representation and an offense under Chapter 20. She should wait until the license is issued and the number is known. In the meantime, she may be able to describe her education accurately without claiming a license, but she should not accept clients for massage therapy until she is licensed.

Chapter summary

Advertising is regulated to protect the public from deception and from illicit businesses. Every advertising medium.">advertisement of massage therapy services in any advertising medium, including the Internet, must include the license number, and an establishment's advertisement must include the physical address of the establishment and the telephone number provided to the Department. The Board's rule requires the license number of each licensed therapist and each licensed establishment whose name appears, and the statute excuses the address and telephone number for owners of more than five locations in the state.

An advertisement may not state that prostitution, escort or sexual services are available. The prohibition binds therapists, owners, employees and any third party they direct, and it covers causing an advertisement to be placed. A separate provision prohibits online advertising on any website known for advertising such services, whatever the wording of the advertisement. Advertising that induces or attempts to induce unlawful sexual misconduct is a ground for discipline.

False, deceptive or misleading advertising is also a ground for discipline. Examples include claiming credentials you do not hold, claiming to be licensed when you are not, claiming to cure or diagnose, misrepresenting prices or services, using another person's license number, publishing fake testimonials and implying official endorsement. The test is how a reasonable client would read the advertisement.

Every health care practitioner must identify the type of license she holds, and an advertisement naming a practitioner must identify it, so a massage therapist's advertisement should call her a licensed massage therapist. The special statement in section 456.062 applies to the professions that statute lists, and Chapter 480 is not among them in the text reviewed here.

Good practice means using a template, briefing and controlling vendors, checking where you advertise, keeping dated copies, maintaining a register and reviewing it regularly.