Leon FL Lawyers | Lealand Lane McCharen -- eLawyers

20-000505PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs MARIA NADAL-CABRAL, L.M.T. (2020)

Division of Administrative Hearings, Florida Filed: Jan. 30, 2020

The issues are whether Respondent failed to submit to background screening, as required by sections 456.0135(1) and 480.041(6), Florida Statutes (2014), and, if so, what penalty should be imposed, pursuant to sections 480.046(1) and 456.072(2).$500 fine and suspension until compliance for the failure to submit to live scan fingerprinting and, thus, to required background screening.

12-003883PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs YU YAO XU, L.M.T. (2012)

Division of Administrative Hearings, Florida Filed: Dec. 03, 2012

The issues in this case are whether Respondent committed the allegations contained in the Administrative Complaint and, if so, the penalty that should be imposed.Petitioner failed to demonstrate that Respondent's license was issued in error, nor did it prove that that Respondent is subject to discipline pursuant to section 480.041(1)(b). Fraud allegations abandoned by virtue of Petitioner's pre-hearing notice.

12-004132PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs HAI ZHEN GONG, L.M.T. (2012)

Division of Administrative Hearings, Florida Filed: Dec. 21, 2012

The issues in this case are whether Respondent committed the allegations contained in the Amended Administrative Complaint and, if so, the penalty that should be imposed.Petitioner failed to demonstrate that Respondent's license was issued in error, nor did it prove that Respondent has not completed an approved course of study. Allegations of fraud personal to Respondent were abandoned.

18-000898PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs SHUFANG LI, L.M.T. (2018)

Division of Administrative Hearings, Florida Filed: Feb. 16, 2018

The issues to be determined are whether Respondent engaged in sexual misconduct in the practice of massage therapy in violation of section 480.0485, Florida Statutes, or in the practice of a health profession, in violation of section 456.072(1)(v), Florida Statutes; and, if so, what is the appropriate sanction.Respondent's use of the massage therapist-patient relationship to attempt to engage in sexual activity warranted fine of $2,500 and revocation of license.

17-005473 DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs BBK FLORIDA, LLC (2017)

Division of Administrative Hearings, Florida Filed: Oct. 03, 2017

The issues to be determined in this matter are whether Respondent, BBK Florida, LLC, a licensed massage business, allowed an unlicensed person to practice massage therapy; and, if so, what disciplinary action is appropriate.The Department established, by clear and convincing evidence, that Respondent allowed an unlicensed individual practice massage therapy in its establishment, which warrants administrative sanctions.

17-003337PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs QIAN GAO, L.M.T. (2017)

Division of Administrative Hearings, Florida Filed: Jun. 12, 2017

The issues are whether the Respondent, a licensed massage therapist, violated applicable sections of the Massage Practice Act, by attempting to engage in prohibited sexual activity with a client or patient; and, if so, what discipline should be imposed.Department of Health proved sexual misconduct (prostitution) by a licensed massage therapist. Clear and convincing evidence standard of proof was met.

17-003336PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs XUMEI SUN, L.M.T. (2017)

Division of Administrative Hearings, Florida Filed: Jun. 12, 2017

The issues are whether the Respondent, a licensed massage therapist, violated section 480.046(1)(c), Florida Statutes (2015),1/ by pleading nolo contendere to one count of prostitution; whether she violated section 456.072(1)(x), Florida Statutes, by failing to report the plea to the Board of Massage Therapy within 30 days, as alleged in the Administrative Complaint filed by the Petitioner; and, if so, the appropriate penalty.Department of Health proved that Respondent pled nolo contendere to prostitution and did not report the plea. Recommend revocation and fine.

16-003870PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs MIN ZHANG, L.M.T. (2016)

Division of Administrative Hearings, Florida Filed: Jul. 12, 2016

The issues to be determined are whether Respondent engaged in sexual misconduct in the practice of massage therapy, in violation of section 480.0485, Florida Statutes and, if so, the appropriate sanction.Petitioner failed to prove the identity of the person alleged to have offered massage services that constituted sexual misconduct by means of admissible, non-hearsay evidence. The Administrative Complaint should be dismissed.

17-001358PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs LAUREN DILLMAN-BELL, L.M.T. (2017)

Division of Administrative Hearings, Florida Filed: Mar. 02, 2017

The issues to be determined in this case are whether the Respondent, Lauren Dillman-Bell, obtained her Florida license to practice massage therapy through fraud or error, in violation of section 456.072(1)(h), Florida Statutes (2009), or made misleading, untrue, deceptive, or fraudulent representations on her application for licensure, in violation of section 456.072(1)(w), both of which constitute violations of section 480.046(1)(o); and if so, the appropriate sanction. (Unless otherwise indicated, citations to the Florida Statutes and rules of the Florida Administrative Code refer to the versions in effect when the Respondent’s license was issued on July 1, 2009.)Respondent did not appear because no good contact information. Petitioner proved that application omitted to disclose criminal history, as required. Recommend: Revoke

14-003041PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs HONG YANG, LMT (2014)

Division of Administrative Hearings, Florida Filed: Jun. 30, 2014

The issues in this case are whether Respondent committed sexual misconduct in the practice of massage, and if so, what disciplinary action should be taken against Respondent’s license.Petitioner proved that Respondent committed sexual misconduct in the practice of massage. Recommend license revocation and $2,500 fine, per discipline guideline rule.

Lealand Lane McCharen