Criminal Penalties, Unlicensed Practice and Course Review

About 28 minutes · ss. 480.047, 480.049 and 456.065, F.S.

20.1 Why the law backs licensing with criminal penalties

Chapter 1 explained that licensing exists because clients cannot judge the safety of massage for themselves. A license system only works if the people who skip it face real consequences. Two statutes supply them: s. 480.047 (the massage act's own prohibited acts) and s. 456.065 (the general unlicensed-practice statute for health professions). Section 456.065(1) states the Legislature's intent plainly: "vigorous enforcement of licensure regulation for all health care professions is a state priority," and the unlicensed practice of a health care profession "is strictly prohibited."

20.2 Why the law is strict about unlicensed practice

Students sometimes ask why the penalties for practicing without a license are so heavy, including a felony and a mandatory minimum. The answer comes from what a license means. Chapter 1 explained that a client cannot judge for herself whether a practitioner is safe. The license is the public's assurance that someone has checked.

The harm is hidden. A client who is injured by an unlicensed practitioner often does not know until later. A person who has not been screened, trained or tested may miss signs that a client should not be treated, or may harm a client through ignorance.

Unlicensed practice undercuts honest practitioners. A therapist who completed 500 hours of education, passed an exam and pays renewal fees competes against someone who did none of it. The law protects the profession as well as the public.

Unlicensed practice shelters other crimes. As Chapter 15 explained, illicit businesses often use massage as a cover. Strong penalties give law enforcement a tool, and they send a signal to those who would use a licensed profession as a front.

The statute treats practice and offers alike. Section 456.065 punishes attempting and offering to practice, not only practicing. Holding yourself out as licensed, or applying for a job that requires a license without saying that you do not have one, is within the prohibition.

Enforcement has several routes. The Department can use criminal referral, a cease and desist notice, a citation, a civil action and an injunction. A person who practices without a license may face several of these together.

The practical lesson is simple. The license must be active, valid and in the right status on every day that you practice, and everyone you employ must meet the same standard.

20.3 Section 480.047: acts that are unlawful

Section 480.047(1) makes it unlawful for any person to:

• (a) hold himself or herself out as a massage therapist, or practice massage therapy, unless duly licensed or specifically exempted (Chapter 3);
• (b) operate any massage establishment unless duly licensed (with the exception for teaching at a board-approved school, Chapter 11);
• (c) permit an employed person to practice massage therapy unless duly licensed;
• (d) present as his or her own the license of another;
• (e) allow the use of his or her license by an unlicensed person;
• (f) give false or forged evidence to the Department in obtaining any license (Chapter 5);
• (g) falsely impersonate any other license holder;
• (h) use or attempt to use a license that has been revoked; and
• (i) otherwise violate any provision of the Act.

Subsection (2) provides: "Except as otherwise provided in this chapter, any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

Notice who is covered. Item (c) reaches the employer: an owner who lets an unlicensed person work on clients commits an offense even if the owner did none of the massage. Items (d) and (e) cover both sides of license borrowing: the person who uses another's license and the licensee who lends it. Holding out is itself an offense; actual treatment is not required.

20.4 Reading section 480.047 item by item

The nine items in section 480.047(1) fall into four groups. Seeing the groups makes the list easier to remember.

Group one: practicing and holding out without a license. Item (a) covers holding yourself out as a massage therapist or practicing massage therapy without a license or a specific exemption. Item (b) covers operating a massage establishment without a license. Chapter 11 described the exception for teaching at a board-approved school.

Group two: the employer's duty. Item (c) covers permitting an employed person to practice without a license. Chapter 2 defined employee to include independent contractors and lessees, paid or not, so the duty reaches everyone working in the establishment.

Group three: abuse of licenses. Items (d) and (e) cover both sides of license borrowing: presenting another person's license as your own, and allowing an unlicensed person to use yours. Item (g) covers falsely impersonating another license holder, and item (h) covers using or attempting to use a revoked license.

Group four: dishonesty and the catch-all. Item (f) covers giving false or forged evidence to the Department in obtaining a license, which Chapter 5 described. Item (i) covers otherwise violating any provision of the Act.

A few observations help.

Holding out is enough. A person who advertises herself as a massage therapist without a license has committed an offense under item (a), whether or not she treats anyone.

Lending a license is as serious as borrowing one. A licensed therapist who lets a friend or an employer use her license number has committed an offense under item (e), even if she receives nothing in return.

The penalty is a first-degree misdemeanor. Under subsection (2), a violation is a misdemeanor of the first degree, punishable as provided in sections 775.082 or 775.083, unless the chapter provides otherwise. The ladder later in this chapter gives the general maximum for that level.

The Act is cumulative. A single act can violate item (a) and be disciplinary grounds under Chapter 18 and a violation of section 456.065. The Department and prosecutors choose how to proceed.

20.5 Section 456.065: unlicensed practice of a health care profession

Because a massage therapist is a health care practitioner (Chapter 2), s. 456.065 applies too. It is deliberately harsher than s. 480.047, and it adds administrative and civil remedies to the criminal ones.

What it prohibits. Under subsection (2)(d)1., it is a felony of the third degree to "practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license to practice that profession." The statute spells out how broad that is:

• It includes practicing on a suspended, revoked or void license.
• Applying for employment in a position that requires a license, without telling the employer you do not currently hold a valid, active license, is deemed an attempt or offer to practice without a license.
• Holding oneself out, by any means of communication, as able to practice the profession or to provide services that require a license, is deemed an attempt or offer.

The statute adds: "The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year." That is a rare feature in licensing law: a mandatory minimum.

Serious injury. Under (2)(d)2., practicing without an active, valid license when the practice results in serious bodily injury is a felony of the second degree, again with a minimum penalty of a $1,000 fine and a minimum mandatory incarceration of one year. "Serious bodily injury" means death; brain or spinal damage; disfigurement; fracture or dislocation of bones or joints; limitation of neurological, physical or sensory function; or any condition that required subsequent surgical repair.

Inactive and delinquent licenses. Chapter 9 explained the license statuses. Section 456.065(2)(d)3. sets the criminal consequence of practicing in the wrong one:

• Practicing, attempting or offering to practice with an inactive or delinquent license for any period up to 12 months is a misdemeanor of the first degree.
• Doing so when the license has been inactive or delinquent for 12 months or more is a felony of the third degree.
• The minimum penalty is 30 days' imprisonment and a $500 fine.

The statute treats practicing with an inactive or delinquent license for up to 12 months as a lesser crime than practicing with no license, but it is still a crime with a mandatory minimum. Chapter 19 noted that the Board's citation rule allows a $250 administrative citation for practicing on a delinquent license if the license is reinstated within 90 days. That administrative treatment is separate from criminal exposure. The citation does not decide whether a prosecutor may act, so do not treat a lapsed renewal as a minor paperwork matter.

Relationship between the two statutes. Section 456.065(2)(d) applies "in addition to ... the criminal violations and penalties listed in the individual health care practice acts." So an unlicensed massage practitioner may face the first-degree misdemeanor of s. 480.047, the felony of s. 456.065, or both, depending on the facts and the prosecutor's charging decision. Treat the harsher statute as the working risk.

20.6 Which license status am I in? A decision guide

Because the penalties depend on the status of the license, a therapist should know exactly where she stands on any given day. The guide below connects the statuses in Chapter 9 to the consequences in this chapter. It is a study aid, and the status rules in Chapter 9 control.

Active and current. You may practice. Keep the renewal date, the continuing education and the address of record current.

Delinquent. A license becomes delinquent when a renewal is missed. You may not practice. Practicing, attempting or offering to practice on a delinquent license for up to 12 months is a first-degree misdemeanor, with a minimum penalty of 30 days' imprisonment and a $500 fine. The Board's citation list contemplates a $250 citation if the license is reinstated within 90 days, but the citation does not control the criminal question.

Inactive. An inactive license means you chose to stop practicing. You may not practice. The same criminal rule applies as for a delinquent license.

Delinquent or inactive for 12 months or more. Practicing, attempting or offering to practice is a third-degree felony, with the same minimum penalty.

Suspended. You may not practice. Practicing on a suspended license is within the felony of section 456.065(2)(d)1., and it is also a new ground for discipline for violating an order.

Revoked. You may not practice, hold yourself out or use the license. Using or attempting to use a revoked license is unlawful under section 480.047(1)(h), and practicing without an active license is a felony.

Null and void. As Chapter 9 explained, a license that is missed for two consecutive cycles becomes null and void. You have no license, and you must reapply as the statute and rules provide.

No license yet. A graduate who has passed the exam but has not been issued a license is unlicensed. Supervision by a licensed therapist does not change that.

Applying for a job. Applying for a position that requires a license without telling the employer that you do not currently hold a valid, active license is deemed an attempt or offer to practice.

Three habits keep a therapist in the right column.

Check the status in the Department's public lookup. Do it before you begin each renewal period and any time you are unsure.

Calendar the renewal. Chapter 9 explained that renewal falls on August 31 of odd-numbered years. Put reminders on the calendar months ahead.

Stop work the day you learn of a problem. If you learn that your license is delinquent or inactive, do not treat another client until the problem is resolved. A day of practice on a delinquent license is a day of criminal exposure.

20.7 Administrative and civil tools against unlicensed practice

Section 456.065(2)(a)–(c) gives the Department a toolkit that does not depend on a prosecutor:

• Cease and desist notice. When the Department has probable cause to believe an unlicensed person violated Chapter 456 or a practice act, it may issue a notice to cease and desist. It may also issue one to anyone who aids and abets unlicensed practice by employing the unlicensed person. The notice is not agency action that triggers a hearing; the Department may seek an injunction or writ of mandamus to enforce it.
• Administrative citation penalty. The Department may impose by citation a penalty "not to exceed $5,000 per incident," set by rule between $500 and $5,000. If the subject does not dispute the citation within 30 days after service, it becomes a final order. Each day the unlicensed practice continues after a cease and desist notice is a separate violation, and the Department recovers its investigation and prosecution costs.
• Civil penalty through the circuit court. The Department may seek a civil penalty of $500 to $5,000 for each offense, plus court costs and reasonable attorney fees and, if it prevails, costs of investigation and prosecution.
• Injunction under the massage act. Section 480.049 separately authorizes the Department to file a proceeding in the state's name for "a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the department," cumulative with other remedies and criminal prosecution.

A licensed owner or manager who employs an unlicensed person is therefore exposed on four fronts at once: criminal (s. 480.047(1)(c)), administrative (cease and desist and citation), civil, and disciplinary (Chapter 18's aiding-the-unlicensed ground).

20.8 An owner's routine for staying on the right side

The remedies in this chapter fall hardest on owners and managers who employ unlicensed people, because the statute treats employing as aiding and abetting. A routine for hiring and supervising staff is the best protection.

Verify every person who will touch a client. Use the public lookup, compare the result with photo identification and save a dated copy.

Verify again each renewal cycle. A license that was active last cycle may not be this cycle.

Do not accept "pending" or "applied." Chapter 18 made the same point. A receipt for an application is not a license.

Count everyone who works in the establishment. Employees, independent contractors, lessees and anyone else who provides massage services must hold an active license.

Do not let supervision stand in for a license. An unlicensed person working "under supervision" is still practicing without a license, and the owner who permits it is exposed.

Brief staff in writing. Make sure every worker knows that she must stop and tell you at once if her license is not active.

Keep the establishment's own paper in order. The establishment license, the designated manager and the insurance should all be current.

Act at once on a notice. If the Department sends a cease and desist notice, stop the activity at once, because each day after the notice is a separate violation. Consult an attorney.

Keep records. Keep the roster, the verification results, the hiring file and any written policy.

Report what must be reported. A manager who learns of an unlicensed person working should act the same day, and should consider whether Chapter 15 or Chapter 16 duties also apply.

20.9 The criminal ladder across the course

The table collects every criminal penalty you met and the chapter where it was taught. The sentencing maximums come from the general penalty statutes (ss. 775.082 and 775.083); a court may impose less, and some statutes add minimums.

Part 2: Cumulative review (15 minutes)

20.10 Reading the criminal ladder

The ladder collects penalties that were taught in different chapters. Reading it as a whole teaches several lessons.

The same conduct can sit on two rungs. A person who practices without a license may face the first-degree misdemeanor of section 480.047, the felony of section 456.065, or both, depending on the facts and the prosecutor's decision. Treat the harsher statute as the working risk.

Repetition climbs the ladder. Several statutes in the course raise the level for second or later offenses. The identification rule starts as a second-degree misdemeanor, becomes a first-degree misdemeanor for a second violation and a third-degree felony for a third or later. The hours and living-quarters rule is a first-degree misdemeanor for a first violation and a third-degree felony for a second or later.

Injury climbs the ladder. Unlicensed practice that results in serious bodily injury is a second-degree felony.

Time climbs the ladder. Practicing on an inactive or delinquent license for 12 months or more is a felony, where less than 12 months is a misdemeanor.

Mandatory minimums are rare and serious. Section 456.065 provides minimum penalties, which means a court has less room to reduce the sentence. A therapist should not assume that a court will treat a first offense leniently.

Other crimes sit above the course. Human trafficking, sexual battery and the other offenses in section 787.06 and the lists in Chapters 6, 12 and 19 are serious felonies, and they also trigger mandatory denial and emergency suspension.

The ladder shows the stakes. A single day of practicing on a lapsed license, a single act of letting an unlicensed friend take a client or a single missed update can lead to criminal charges. The ordinary habits of checking status, verifying staff and keeping records are the best protection.

20.11 The course on one page

This section is a deliberate review. It restates the most important numbers and deadlines so that you can check them in one place. Each is explained in the chapter shown.

20.12 How the course fits together: ten themes

The table above is a map of the rules. Behind the rules are themes that recur in almost every chapter. Recognizing them helps you answer fact-pattern questions even when the exact rule is not in your memory.

Theme one: the license must be real, active and in the right status. Chapters 3, 5, 9, 18 and 20 all return to this idea. Practicing, employing and advertising all depend on the license being valid.

Theme two: the statute outranks the rule, and the rule outranks policy. Chapter 1 explained the hierarchy, and Chapter 17 applied it to the five-location exception. When two documents conflict, find the higher authority.

Theme three: the establishment is responsible for its people. Chapters 2, 12, 13, 16, 19 and 20 show that owners and managers answer for the conduct and status of employees, including independent contractors.

Theme four: documents come first. Records, consent forms, rosters, logs and verification results appear in almost every chapter. If it is not written down, it is hard to prove.

Theme five: consent is specific. Chapter 10 explained informed consent and specific written consent for undraping. Chapter 16 showed that consent is not a defense to sexual misconduct. Know where consent matters and where it does not.

Theme six: short deadlines run against the practitioner. Three days, ten days, 15 days, 20 days, 30 days and 48 hours appear in the course. Calendar them.

Theme seven: silence is risky. Failing to report a conviction, a violator, an allegation or a trafficking concern can be a violation of its own.

Theme eight: an arrest or an allegation can have effect before a hearing. Emergency suspension and the manager's three-day report show that the system can act before guilt is decided.

Theme nine: consequences climb with repetition, harm and time. The criminal ladder and the Board's guidelines both scale this way.

Theme ten: protect the person in front of you. Assess, explain, drape, consent, refer, report, keep boundaries. The rules about practice all come back to the client's safety and dignity.

When you meet a question you cannot answer from memory, ask which of the ten themes applies. The theme will usually point to the right answer or at least eliminate the wrong ones.

20.13 Numbers worth memorizing, grouped

The one-page table lists the rules by topic. Memory is often easier when numbers are grouped by size. The groupings below are a study aid. They repeat points taught in the chapters and add nothing new.

Hours and short deadlines. 48 hours: prescription window after a positive drug test. 3 days: manager's report of a potential sexual misconduct violation, and a manager's notice to the Board on leaving. 7 days: endorsement license after a complete file. 10 days: notices on a new manager and officer changes, and the end of confidentiality after probable cause. 15 days: correcting a minor violation after notice.

Twenty and thirty. 20 days: written response to a complaint. 24 hours of continuing education per cycle. 30 days: written report of a conviction or plea to the Board, disputing a citation and the weekly hours cap of 30 hours for school programs.

Large periods. 1 year: client log retention. 2 of the last 4 years: practice for endorsement. 5 years: no discipline for endorsement. 6 years: time limit to file an administrative complaint, with exceptions. 12 months: the dividing line between misdemeanor and felony for inactive or delinquent practice.

Percentages and sizes. 35 percent: light penetration for windows. 50 percent: maximum obstruction. 11 by 15 inches and 32-point type: the trafficking sign.

Hours of instruction. 500 hours: the school curriculum. 6 hours a day: the daily maximum. 1-hour trafficking course.

Money. $10,000: maximum administrative fine per count. $250, $500 and $100: examples of citation fines. $1,000 and $500: minimum fines under section 456.065.

Board. 7 members: 5 therapists and 2 laypersons. 4-year terms. A quorum is a majority of the current membership.

Dates. August 31 of odd-numbered years: renewal. December 31, 2025: end of the temporary distance-learning chart.

Use the groups for self-testing. Cover the right side and say the meaning of each number. When you hesitate, return to the chapter.

20.14 Preparing for the final exam

The final exam contains 50 four-choice questions, and you have 2,400 seconds, which is 40 minutes, to answer them. A score of 70 percent passes. That means at least 35 correct answers. The exam is gated until you have completed all 20 chapters. The suggestions below will help you use the time well.

Know the format. Every question has four choices, and you choose one. The results show which questions you answered correctly and which you missed, but they do not reveal the correct answers. If you do not pass, you may review the chapters and try again.

Pace yourself. Forty minutes for 50 questions is about 48 seconds a question. Read each question carefully, answer the ones you know and move on. You can mark a question for later and come back.

Read the whole stem. Many questions describe a situation. Details such as dates, counts and who did what often decide the answer. Underline them mentally.

Read every option. Wrong answers are written to be plausible. An option that is almost right can be wrong because of one word, such as "only," "always" or "never."

Look for the rule, then the exception. Many rules have an exception, such as the five-location advertising exception or the prescription exception to the hours rule. Ask whether the facts fit the exception completely.

Watch for numbers. If two options differ only by a number of days or hours, the number is the point. Recall the table.

Identify who is responsible. Questions often turn on whether the duty belongs to the therapist, the owner, the manager or every licensed practitioner. Ask who the rule names.

Eliminate. If you cannot find the right answer, eliminate the options that are clearly wrong. Two remaining options give you a good chance.

Use the themes. If you are unsure, ask which of the ten themes the question tests.

Do not change answers without a reason. Your first reading is often right. Change an answer only if you notice a specific detail you missed.

Plan your review. Before the exam, review the glossary and the memory aid in each chapter, the one-page table and the numbers in this chapter. Do not try to memorize statute numbers alone. Understand what each rule does.

Take care of yourself. Rest before the exam, and take it at a time when you can concentrate without interruption.

20.15 A method for fact-pattern questions

The final exam is made of situations, not definitions. A reliable method turns each situation into a series of small decisions. The six steps below work for almost every question in the course, and you can practice them on the scenarios in each chapter.

Step one: identify the actor. Who did the thing in the question? A therapist, an owner, a designated manager, an employee, a client, the Department or the Board? Many wrong answers assign the duty to the wrong person.

Step two: identify the act. State in a few words what actually happened: practiced, advertised, hired, touched, failed to report, missed a date. Strip away the details that do not matter.

Step three: identify the topic. Decide which chapter the facts belong to. If the facts involve a missed renewal, think of Chapter 9 and the license statuses. If they involve a client's advance, think of Chapter 16. If they involve a letter from the Department, think of Chapter 19.

Step four: recall the rule and its exception. Say the rule to yourself. Then ask whether any exception applies and whether the facts fit it completely. An exception that requires every late client to have a prescription is not met when two do not.

Step five: check the number. If the question involves time, count, money or size, find the figure in your memory and compare it with each option. Two options that differ only by a number are testing that number.

Step six: test the answer against the theme. Ask whether the answer protects the client, respects the hierarchy of law and puts responsibility where the statute puts it. An answer that does none of these is probably wrong.

An example shows the method at work, using invented facts. A therapist's license became delinquent in March. In May she treated three clients. The actor is the therapist, and the act is practicing on a delinquent license. The topic is Chapter 20, with a link to Chapter 9. The rule is that practicing on a delinquent license is a crime, and the exception, a short citation, is administrative and does not decide criminal exposure. The period is under 12 months, which points to the lower level. The theme is that a lapsed license is not a paperwork matter. Each step narrows the options until one remains.

20.16 Common misconceptions to avoid

Over many years of teaching, instructors notice the same mistaken beliefs. Checking yourself against them is a quick way to find a gap before the exam.

"A supervised graduate may practice." She may not. A license is required to practice, and supervision does not substitute for it.

"An exempt person is exempt from everything." Exemptions apply only to the extent of the overlap with massage therapy, and only for the activity that qualifies.

"The rule is the law, so it beats the statute." The statute is the higher authority, and a rule cannot take away what the statute provides.

"Consent covers everything." Consent matters for treatment and for specific undraping, but it is not a defense to sexual misconduct.

"An arrest is not a conviction, so nothing happens." An arrest can trigger an emergency suspension of the therapist and the establishment.

"A citation is a punishment I cannot contest." A citation must say that the licensee may choose the regular procedure instead, and an undisputed first citation is not discipline.

"If the complainant withdraws, the case ends." The Department may investigate and the Board may take final action even if the complainant withdraws.

"A minor offense unrelated to massage need not be reported." A conviction or plea to any crime in any jurisdiction must be reported to the Board in writing within 30 days.

"My vendor placed the ad, so it is not my problem." The owner is bound for advertising placed by a third party she directs.

"I am the owner, not the manager, so the manager's duties are not mine." The owner has her own duties, including notice and keeping a designated manager in place, and the establishment answers for what happens under its roof.

"A lapsed license can be fixed later with no consequence." Practicing during the lapse can be a crime with a mandatory minimum.

"The course ends with the law, not the client." Every rule here exists to protect the person on the table. If you keep that in mind, most answers become clear.

20.17 Frequently asked questions

Is practicing without a license always a felony? Under section 456.065(2)(d)1., practicing, attempting to practice or offering to practice a health care profession without an active, valid Florida license is a third-degree felony. Section 480.047 separately provides a first-degree misdemeanor. A prosecutor may choose which to charge, and the facts matter, so treat the felony as the working risk.

Does supervision by a licensed therapist make unlicensed practice lawful? No. A person without a license is not authorized to practice, whether or not she is supervised, and a licensed person who permits it is exposed.

What counts as an offer to practice? The statute deems applying for a position that requires a license without disclosing that you do not hold a valid, active license, and holding yourself out by any means of communication as able to provide services that require a license, to be attempts or offers.

What if I forgot to renew by accident? The statute does not make an exception for accident. If your license has become delinquent, stop practicing and contact the Department to resolve it. Chapter 9 explains the process.

May an unlicensed person work as a receptionist at a massage establishment? The statute prohibits an unlicensed person from practicing massage therapy. Chapter 2's definition of employee includes people whose duties involve any aspect of the establishment, so a receptionist is an employee, but she may not provide massage therapy. Make sure her duties stay outside the practice of massage therapy.

May I lend my license number to a colleague who is waiting for her license? No. Allowing an unlicensed person to use your license is unlawful under section 480.047(1)(e).

Can the Department act without a prosecutor? Yes. It can issue a cease and desist notice, impose a citation penalty, seek a civil penalty and ask a court for an injunction.

Do these penalties apply to people who are exempt under Chapter 480? The exemptions in Chapter 3 apply to the extent of overlap with massage therapy. A person who is lawfully exempt is not practicing without a license within that scope, and a person who goes beyond the exemption can lose its protection.

Where can I confirm the current text? The Florida Statutes, the Florida Administrative Code and the Board's current notices. Chapter 1 explained how to find them.

20.18 More scenarios to practice

Scenario F: The helpful friend. A licensed therapist with a full schedule lets her friend, who has finished school but is waiting for her license, take two of her clients. She says she will stay in the building. What is the exposure?

Discussion. The friend is practicing without a license, which is unlawful under section 480.047(1)(a) and may fall within section 456.065. The therapist has aided and assisted an unlicensed person, which is a ground for discipline, and may be committing an offense by allowing the practice. Supervision does not make it lawful. The therapist should stop at once.

Scenario G: The missed renewal. A therapist realizes in October of an odd-numbered year that she forgot to renew by August 31. She has treated clients for six weeks since then. What should she do?

Discussion. Her license has become delinquent, and practicing on it exposes her to the criminal consequence for practice on a delinquent license, with a minimum penalty. She should stop practicing at once, contact the Department to learn how to reinstate and consult an attorney if she is concerned about exposure. The Board's citation for a short delinquency is administrative and does not decide the criminal question.

Scenario H: The job application. A therapist whose license is inactive applies for a position at a spa that requires an active license. She does not mention the status, planning to reactivate before her start date. Is there a problem?

Discussion. The statute deems applying for employment in a position that requires a license, without telling the employer that you do not currently hold a valid, active license, to be an attempt or offer to practice. She should tell the employer, and she should not begin work until the license is active.

Scenario I: The owner's notice. An owner receives a cease and desist notice about a worker whose license was never active. The owner removes the worker from the schedule, but the worker comes in again a week later and treats two clients. What is the owner's exposure?

Discussion. Each day that unlicensed practice continues after a cease and desist notice is a separate violation. The owner may also face criminal exposure for permitting an unlicensed person to practice, disciplinary action for aiding the unlicensed, and civil penalties. She should enforce the removal, consult an attorney and document her steps.

Scenario J: The borrowed number. A new therapist, nervous about a delayed license, puts a colleague's license number on her business cards. The colleague knows and says nothing. What are the problems?

Discussion. The new therapist is presenting another person's license as her own, which is unlawful under section 480.047(1)(d), and she is advertising as licensed without a license. The colleague is allowing the use of her license by an unlicensed person under item (e). Both face criminal and disciplinary exposure, and the advertising rules in Chapter 17 are also violated.

Chapter summary

Section 480.047 makes it unlawful to hold yourself out as a massage therapist or practice without a license, operate an establishment without a license, permit an employed person to practice without a license, present another's license as your own, allow your license to be used by an unlicensed person, give false or forged evidence in obtaining a license, impersonate a license holder, use a revoked license and otherwise violate the Act. A violation is a first-degree misdemeanor.

Section 456.065 is harsher. Practicing, attempting or offering to practice a health care profession without an active, valid Florida license is a third-degree felony with a minimum penalty of a $1,000 fine and one year of incarceration. If the practice results in serious bodily injury, it is a second-degree felony with the same minimum. Practicing on an inactive or delinquent license for up to 12 months is a first-degree misdemeanor, and for 12 months or more is a third-degree felony, with a minimum penalty of 30 days' imprisonment and a $500 fine.

The Department may issue a cease and desist notice, impose a citation penalty of up to $5,000 per incident, seek a civil penalty of $500 to $5,000 per offense and seek an injunction under section 456.065 or section 480.049. An owner who employs an unlicensed person is exposed on criminal, administrative, civil and disciplinary fronts at once.

The criminal ladder places each offense in the course by level, and three factors raise the level: repetition, serious harm and time. The one-page review table, the ten themes, the grouped numbers and the exam suggestions help prepare for the final exam. Statutes and rules change, so confirm the current text before relying on any point in this course.