STATE OF FLORIDA BOARD OF MASSAGE-THERAPY

Transcription

1 STATE OF FLORIDA BOARD OF MASSAGE-THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO TING ZHOU, L.M.T., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner Department of Health and files this Administrative Complaint before the Board of Massage Therapy (hereinafter Board) against Respondent Ting Zhou, L.M.T., and alleges: 1. Petitioner is the state agency charged with regulating the practice of Massage Therapy pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist in the State of Florida,_ having been issued license number MA

2 3. Respondent's address of record is 6550 International Drive, Suite 105, Orlando, Florida Another address for Respondent is 5787 Vineland Road, #108, Orlando, Florida On or about July 17, 2015, an agent with the Orlando, Florida, Metropolitan Bureau of Investigation (MBI), presented to Thai Massage and Day Spa (Thai Massage), located at 5787 Vineland Road, 108, Orlando, Florida, 32819, in an undercover capacity and was greeted by Respondent. 5. The agent paid Respondent $55.00 for a 30-minute massage. 6. During the massage session, Respondent grabbed the agent's penis with her hand. 7. She then made a fist and motioned it up and down, indicating manual masturbation. 8. Respondent then negotiated to perform manual masturbation on the agent for $ The agent indicated that he had to go to work and then left the establishment. 10. On or about July 21, 2015, an agent with the Orlando, Florida MBI presented to Thai Massage and was greeted by Respondent. 11. The agent paid Respondent $60.00 for a 30-minute massage. 2

3 12. During the massage, the agent referred to a sex act by pointing at his penis and asked Respondent, "How much for that?" 13. Respondent held up four fingers, indicating $ The agent confirmed the price of the sex act with Respondent. 15. The agent got dressed then exited the establishment. 16. Respondent's actions were outside the scope of practice and/or the scope of generally accepted examination or treatment. COUNT I 17. Petitioner realleges and incorporates paragraphs one through 16 as if fully set forth herein. 18. Section (1)(p), Florida Statutes (2015), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 19. Section , Florida Statutes (2015), prohibits sexual misconduct in the practice of massage therapy and states, in pertinent part, that: Sexual misconduct in the practice of massage therapy means violation of the massage therapistpatient relationship through which the massage therapist uses that relationship to induce or attempt 3

4 to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. 20. Respondent engaged in sexual misconduct by using the massage therapist-patient relationship to induce or attempt to induce a patient to engage, or to engage or attempt to engage a patient, in sexual activity outside the scope of practice of massage therapy in one or more of the following ways: a. by grabbing the agent's penis on or about July 17, 2015; b. by negotiating to perform manual masturbation on the agent on or about. July 17, 2015; and/or c. by negotiating to perform a sex act on the agent on or about July 21, Based on the foregoing, Respondent violated Section (1)(p), Florida Statutes (2015), through a violation of Section , Florida Statutes (2015) when she induced or attempted to induce the agents(s) to engage, or engaged or attempted to engage the 4

5 agent(s) in sexual activity outside the scope of practice or the scope of generally accepted examination. COUNT II 22. Petitioner realleges and incorporates paragraphs one through eight as if fully set herein. 23. Section (1)(p), Florida Statutes (2015), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 24. Rule (1) and (3) of the Florida Administrative Code (F.A.C.) (2015), absolutely prohibits sexual activity by any person or persons in any massage establishment, and provides that no licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client or to make arrangements to engage in sexual activity with any client. Rule 64B (4), F.A.C., defines "sexual activity" as: [A]ny direct or indirect physical contact by any person or between person which is intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this subsection, 5

6 masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device_ or object and is not.dependent on whether penetration, orgasm, or ejaculation has occurred. 25. Respondent used the therapist-client relationship to engage or arrange to engage in sexual activity with the agent(s) in one or more of the following ways: a. by grabbing the agent's penis on or about July 17, 2015; b. by negotiating to perform manual masturbation on the agent on or about July 17, 2015; and/or c. by negotiating to perform a sex act on the agent on or about July 21, Based on the foregoing, Respondent violated Section (1)(p), Florida Statutes (2017), through a violation of Rule 64B (1) and/or (3), F.A.C. (2017), by using the therapist-client relationship to engage in or make arrangements to engage in sexual activity with a client. WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following 6

7 penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this 4 day of Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE OCT PCP : 10/31/18 PCP Members: Victoria Drago, LMT, Robyn Havard Gerald C. Henley, II Assistant General Counsel Florida Bar No DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Telephone (850) Gerald.Henley@flhealth.gov 7

8 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Please be advised that mediation under Section , Florida Statutes, is not available for administrative disputes involving this agency action. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.