Fla. Admin. Code R. 64B7-26.010

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B7-26.010 - Sexual Activity Prohibited

(1) "Sexual Activity" means any direct or indirect contact by any means or person, or between any employee or persons, with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any employee or employee or any person, or which is likely to cause such abuse, humiliation, harassment, degradation, arousal or sexual gratification:

(a) With or without the consent of the employee, or person or persons;

(b) With or without verbal or non-verbal communication that the sexual activity is undesired;

(c) With or without the use of any device or object;

(d) With or without the occurrence of penetration, orgasm or ejaculation;

(e) Including, but not limited to intentional contact with the genitalia, groin, femoral triangle, anus, buttocks, gluteal cleft, breast or nipples, mouth, or tongue; and,

(f) Including, but not limited to the intentional removal of any drape without written specific informed consent of the patient.

(2) Sexual activity in any massage establishment is absolutely prohibited.

(3) No massage establishment owner shall engage in or permit any employee, person or persons to engage in sexual activity in such owner's massage establishment or use such establishment to make arrangements to engage in sexual activity in any other place.

(4) No establishment owner or employee of the massage therapy establishment shall engage in or permit any person or persons to engage in sexual activity in the massage therapy establishment or use the establishment to make arrangements to engage in sexual activity in an other place.

(5) Nothing herein shall be interpreted to prohibit a licensed massage therapist, duly qualified under Rule 64B7-25.001, F.A.C., from practicing colonic irrigation.

Fla. Admin. Code Ann. R. 64B7-26.010

Rulemaking Authority 480.035(7) FS. Law Implemented 480.033, 480.0485 FS.

New 5-31-92, Formerly 21L-26.010, 61G 11-26.010, Amended by Florida Register Volume 48, Number 012, January 19, 2022 effective 2/2/2022, Amended by Florida Register Volume 50, Number 231, November 26, 2024 effective 12/11/2024.

New 5-31-92, Formerly 21L-26.010, 61G11-26.010, Amended 2-2-22.