FloridaGringo
05-21-24, 21:33
For starters the Bill puts all the pressure on the establishments with respect to record keeping practices and staying in compliance with the new law.
There is some language geared towards preventing trafficking but I think we all want that to stop.
That being said I am only going to cover client / patient related requirements.
1. Establishment must maintain a complete set of legible records in English or Spanish, which must include the date, time, and type of service or treatment provided including the full legal name of the employee who provided the service or treatment and the full legal name, home address, and telephone number of the client or patient. (keep for at least a year).
2. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.
3. No draping can be removed without the written consent of the client. (they can get this out of the away when personal information is taken).
This may sound a little scary but the state did NOT expand in the bill (in any way) as to how the establishment should "confirm" client information. By definition, they could ask you twice to "confirm your information or have you read it and sign or check a box to confirm. Either way that would satisfy the language in the bill. Had they used the word "verify" and included a list of accepted I'd's it would be a different story. You could design and print out a "cheese of the month" I'd card with a selfie on it, laminate it and flash that one time and you're good to go.
There is language that says "a copy of the clients I'd may be used" to satisfy the requirement. The word "MAY" is what's important here as you can decline should they ask (doubt they will ask). This is probably for referrals from a physician for massage therapy. If I owned a business I would never keep a copy of an I'd for obvious legal reasons in the event of a data breach.
That's all there is regarding client privacy.
Now here is the down side: Obviously no sexual acts what so ever and they do go into detail. My favorite is the "femoral triangle". (see below).
"With or without the use of any device or object. With or without the occurrence of penetration, orgasm, or ejaculation. Including, but not limited to, intentional contact with the genitalia, groin, femoral triangle, anus, buttocks, gluteal cleft, breast or nipples, mouth, or tongue. ".
Clothing must cover everything and be opaque,.
There is some language "emergency order suspending the license" that will sweep through and wipe out some locations regarding owners, managers, providers, officers etc with any convictions included in 19 different statutes (sex industry stuff from minor to major).
Everything else is operational and if you really want to know all the hoops they have to jump through you can read the bill. There are also some exemptions for high end hotels with massage services and American Association for Nude Recreation. Who knew?
Disclaimer: I am not an attorney! I have a very particular set of skills and will be consulting several establishments in hopes to keep them in compliance and operating.
There is some language geared towards preventing trafficking but I think we all want that to stop.
That being said I am only going to cover client / patient related requirements.
1. Establishment must maintain a complete set of legible records in English or Spanish, which must include the date, time, and type of service or treatment provided including the full legal name of the employee who provided the service or treatment and the full legal name, home address, and telephone number of the client or patient. (keep for at least a year).
2. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.
3. No draping can be removed without the written consent of the client. (they can get this out of the away when personal information is taken).
This may sound a little scary but the state did NOT expand in the bill (in any way) as to how the establishment should "confirm" client information. By definition, they could ask you twice to "confirm your information or have you read it and sign or check a box to confirm. Either way that would satisfy the language in the bill. Had they used the word "verify" and included a list of accepted I'd's it would be a different story. You could design and print out a "cheese of the month" I'd card with a selfie on it, laminate it and flash that one time and you're good to go.
There is language that says "a copy of the clients I'd may be used" to satisfy the requirement. The word "MAY" is what's important here as you can decline should they ask (doubt they will ask). This is probably for referrals from a physician for massage therapy. If I owned a business I would never keep a copy of an I'd for obvious legal reasons in the event of a data breach.
That's all there is regarding client privacy.
Now here is the down side: Obviously no sexual acts what so ever and they do go into detail. My favorite is the "femoral triangle". (see below).
"With or without the use of any device or object. With or without the occurrence of penetration, orgasm, or ejaculation. Including, but not limited to, intentional contact with the genitalia, groin, femoral triangle, anus, buttocks, gluteal cleft, breast or nipples, mouth, or tongue. ".
Clothing must cover everything and be opaque,.
There is some language "emergency order suspending the license" that will sweep through and wipe out some locations regarding owners, managers, providers, officers etc with any convictions included in 19 different statutes (sex industry stuff from minor to major).
Everything else is operational and if you really want to know all the hoops they have to jump through you can read the bill. There are also some exemptions for high end hotels with massage services and American Association for Nude Recreation. Who knew?
Disclaimer: I am not an attorney! I have a very particular set of skills and will be consulting several establishments in hopes to keep them in compliance and operating.