I Can t Give You a Massage Because My Liscenes Has Been Revoked Again
Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it afterward Find of an Investigation)
Mon, September 17, 2012
A accuse tin can be filed causing an investigation to be opened confronting a massage therapist by many different sources and often without any supporting evidence. If challenged and dedicated past an chaser with noesis and experience in such matters, these investigations may ofttimes be dismissed with no disciplinary action confronting the massage therapist'due south license. A massage therapist ofttimes has to spend tens of thousands of dollars on school tuition and sacrifice a year or more than of their lives to come across the bones criteria for licensing. In many cases this is only a stepping stone for a afterwards degree and license in another healthcare specialty, such as physical therapy, nursing, acupuncture, or chiropractic medicine. I of the maxims that the Romans took as truth was: "A good reputation is more than valuable than money," (attributed to Publilius Syrus approximately 100 B.C.). Socrates wrote in approximately 400 B.C.: "Regard your good proper noun as the richest jewel you lot tin can mayhap be possessed of." However, despite the fact that you may have worked hard, sacrificed and paid a fortune for an education and training in massage therapy, many are willing to sacrifice their personal reputation rather than paying a few thousand dollars to fight unjust charges against them. What they exercise non realize is the permanent black mark that will be placed on their record and the long term devastating consequences of any such action. It is my opinion, based on what I have seen at Florida Lath of Massage Therapy meetings and reviewing Florida Board of Massage Therapy meeting minutes, very few massage therapists, when confronted with an investigation or charges, rent an chaser to defend them. This may be because they exercise non accept the financial resources or considering they underestimate the harm that will be caused to their personal or professional reputations. Regardless, in my personal stance and experience: ane. Few massage therapists return their ballot of rights (EOR) forms on time and therefore, a default is entered against them. 2. Few massage therapists render their ballot of rights (EOR) forms to state they are contesting the facts and want a formal hearing to contest the charges against them. 3. Few massage therapists even bother to show up at informal hearings involving their licenses. 4. When they do, they prove up at a hearing with a spouse or friend to represent them instead of an experienced attorney familiar with such matters (Q: If y'all needed brain surgery, would you lot have information technology performed by a spouse or friend instead of an experienced neurosurgeon?) 5. If they do retain an attorney to advise and represent them, they either go with the cheapest 1 they tin detect or become with one who has no experience at all before the Board of Massage Therapy. (Q: If you needed brain surgery, would you pay your family practice doc to perform it?) Often physicians and others concerned about liability bug inquire our advice on asset protection in instance they are sued. We suggest them that their best way of protecting their assets is to purchase expert insurance that will pay for a legal defense that protects them confronting unjust police suit. The same principle applies to massage therapists; except that massage therapy insurance is much, much cheaper, and the major liability that a massage therapist will face is ordinarily from a complaint against his or her license. If you purchase massage therapy liability insurance, you must brand sure that it covers defense expenses of a complaint filed against your license. Many such policies do non. Additionally, you should be certain that it provides at least $25,000 in coverage for such matters. This should exist sufficient to provide adequate coverage in the upshot a fully contested formal hearing is required to defend yous. We take seen many policies and they are as dissimilar every bit night and day in this coverage. When purchasing a professional liability policy, e'er enquire almost such coverage. Get the coverage stated in writing. To date, the only company nosotros take experienced which is providing such coverage for massage therapists, and at an incredibly low price, is Healthcare Providers Service System (HPSO). Compare this with any yous have now. If you lot know of others that provide this coverage, I would similar to hear from yous. It has been my personal experience that a massage therapist will be 30 or 40 times more likely to need licensure defense coverage as ever to need defence against a civil lawsuit. Boosted Consequences of Discipline on Your Massage Therapy License. There are many, many boosted adverse consequences that you lot will experience if you receive bailiwick on (especially revocation of) your massage therapy license. First and foremost, this is on your record forever; it never comes off and cannot exist expunged. Additionally, it will be reported to the National Practitioner Data Bank (NPDB) and bachelor anywhere y'all go in the future in any state, to any licensing board. There are many others. I will particular these in a future blog. Many massage therapists believe that the easy and inexpensive fashion out if a complaint is filed and an investigation is opened is to resign their license. This is treated the aforementioned every bit a disciplinary revocation and is reported that mode. You should never expect to work in health care again or to have a health professional license in any other wellness specialty or in any other state. If the state brings charges against your massage therapy license, the burden of proof is on the state, just as in a criminal investigation. You do not have to prove anything, and in most cases, you lot should never make any statement to an investigator or attorney representing the state department of health; these tin can only be used against you to show the country'southward case against you. You tin can remain silent, non say anything and not produce any evidence, and the state may not have enough witnesses or evidence to ever prove a case confronting you. Most massage therapists, their non-lawyer representatives and their inexperienced lawyer representatives make a very big mistake. They propose the massage therapist to be interviewed or to make a argument "explaining themselves." There is no criminal defense attorney worth his or her salt that would always advise a criminal defendant to do this. Why then must they take get out of their senses and suggest a health professional person to practise this in a "quasi-criminal" or "quasi-penal" investigation? This is nigh always very bad advice. And so, request a formal hearing and contest the facts. Don't admit to them! In determination, accept precautions and defend your professional livelihood, your professional reputation and your professional person license. This is Florida. We accept hurricanes. If you have a business firm you ain, you purchase insurance on it to protect yourself in the issue of a hurricane. Without your license, y'all will not have an income and you volition not be able to even make house payments. Why wouldn't you purchase professional person insurance that would pay for a defense force in the event of that worst case scenario, an investigation of your license. Why wouldn't y'all defend yourself to the max if this happened? This will probably experience worse to you lot and have worse long-term implications to you lot financially than any hurricane. Stay tuned to this blog for more than. Do not wait until action has been taken against yous to consult with an experienced attorney in these matters. Few cases are won on entreatment. It is much easier to win your case when there is proper time to fix and you have requested a formal hearing and then that you lot may actually dispute the facts being declared against y'all. The lawyers of The Health Law Firm are experienced in both formal and informal authoritative hearings and in representing massage therapists in investigations and at Florida Board of Massage Therapy hearings. Phone call now or visit our website www.TheHealthLawFirm.com . "The Health Constabulary House" is a registered fictitious business concern name of George F. Indest 3, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999. 
By George F. Indest Iii, J.D., 1000.P.A., LL.Thou., Board Certified past The Florida Bar in Health Law
Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to surrender their license. Either option is probable to be a mistake.
Massage Therapists Oft Go on to Obtain Licenses in Other Health Specialties.
Your Professional Reputation and Your Personal Reputation Are Your Greatest Assets.
Most Massage Therapists Practise Not Defend Themselves When Confronted with Charges.
Your Best Line of Defense: Buy Insurance with Professional person License Defense force Coverage.
Voluntary Relinquishment after Investigation Has Started Treated as Revocation, the "Death sentence."
Burden of Proof Is on the State to Prove the Allegations Against You lot; You Don't Take to Testify Anything.
Conclusion: Defend Your Reputation and Your License.
Don't Wait Until It's As well Late; Consult with an Experienced Health Law Attorney Early.
About the Author: George F. Indest III, J.D., One thousand.P.A., LL.M., is Lath Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Business firm, which has a national exercise. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Wellness Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
Tag Words: Florida Board of Massage Therapy, Florida College of Natural Wellness, massage therapist, license investigation, breezy hearing, formal hearing, election of rights (EOR), license, license disciplined, license revoked, defence attorney, massage therapy defense, licensure defense coverage, voluntary relinquishment, authoritative complaint, authoritative charges
Copyright © 1996-2012 The Wellness Law Firm. All rights reserved.
Comments:
Response to: Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Observe of an Investigation)
Tuesday, September 25, 2012
Massage Therapist says:
This is good to know. I will send this to all my therapists friends to make sure everyone has the correct understanding of what happens when your license is revoked. We are big believers in massage and its benefits and would detest to see this happen to anybody. http://thehealinglife.org/massage-therapy/ Thanks for the good info.
Response to: Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Detect of an Investigation)
Saturday, March 23, 2013
Olexandra Syshchenko says:
How much, do you think, it may cost to fight for revoked licence? Should I pay afterwards attorney thinks we can win the process?
Response to: Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)
Sunday, October 26, 2014
Lynnea Hebner says:
Take a felony for ten years never lost my license at present must have level ii dorsum basis bank check will have to send in my license what tin can I do to finish this
Response to: Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Find of an Investigation)
Sunday, July three, 2016
Nicholas Brownish says:
I am a massage therapist in Illinois and I am curious if you lot either represent in IL or know of any one that does. I have less than 20 days to respond to my challenge of my liscens and I mnot sure information technology volition be worth it in the finish and what they are maxim is an automatic revocation in this country. Thank you for any assistance you tin can provide. Nicholas Brown
Response to: Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it later on Notice of an Investigation)
Monday, Oct 22, 2018
Ying Xi Tao says:
Very helpful information. Thank y'all. I had my OR massage license for over a yr now. A couple of months agone, I received a letter from the Board of Massage Therapists charging me for something I didn't do. They sent me a letter subsequently requesting my signature to voluntaryly surrendering my license other wise they will open an investigation. I know that I'm innocent and I want to fight in court simply my English limited. I hired an attorney but he doesn't think I'd win the case. So I may have to "voluntaryly surrendering my license" just can I promise to reinstate my license in the future? Thank you kindly for your response.
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