Division of Administrative Hearings, Florida
Filed: May 29, 2003
(1) Whether Respondent, Thomas Oakley Miller, L. M. T., used his massage therapist-patient relationship to induce or attempt to induce Patients J. G., K. L. or J. F. to engage, or to engage or attempt to engage, Patients J. G., K. L. or J. F. in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of Patients J. G., K. L. or J. F. thereby violating Subsection 480.046(1)(o), Florida Statutes, by violating Section 480.0485, Florida Statutes, and Florida Administrative Code Rules 64B7-26.010(1), (2), and (3); (2) Whether the alleged sexual activity or attempts at sexual activity with Patients J. G., K. L. or J. F. occurred in Respondent's massage establishment, thereby violating Subsection 480.406(1)(o), Florida Statutes,1 by violating Florida Administrative Code Rules 64B7-26.010(1), (2), and (3); and (3) Whether Respondent engaged in gross or repeated malpractice or failed to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances when providing massage therapy to Patients J. G., K. L. or J. F., thereby violating Subsection 480.046(1)(h), Florida Statutes.Respondent, a massage therapist, used his therapist-patient relationships to attempt to induce patients to become sexually involved with him.
