Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: TANG LONG LIFE THERAPY MASSAGE
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: May 30, 2014
Status: Closed
Recommended Order on Wednesday, December 31, 2014.
Latest Update: Jun. 25, 2015
Summary: The issues in both cases is whether the respondents violated section 480.046(1)(o), Florida Statutes (2012), which prohibits a violation of any provision within chapter 480 or any rule adopted pursuant to chapter 480, and, if so, what penalty should be imposed. In DOAH Case 14-2552PL, the specific issue is whether Respondent Hong Tang (Respondent Tang) violated section 480.0485 by using the massage therapist-patient relationship to induce or attempt to induce patients to engage in sexual activit
Summary: The issues in both cases is whether the respondents violated section 480.046(1)(o), Florida Statutes (2012), which prohibits a violation of any provision within chapter 480 or any rule adopted pursuant to chapter 480, and, if so, what penalty should be imposed. In DOAH Case 14-2552PL, the specific issue is whether Respondent Hong Tang (Respondent Tang) violated section 480.0485 by using the massage therapist-patient relationship to induce or attempt to induce patients to engage in sexual activity outside the scope of the practice of massage therapy. In DOAH Case 14-2551, the specific issue is whether Respondent Tang owned and practiced massage therapy at Respondent Hong Tang Long Life Therapy Massage (HTLLTM) and whether Respondent Tang violated Florida Administrative Code Rule 64B7-26.010(2) by engaging in, or attempting to engage in, sexual activity, indirectly or directly, within the massage establishment and outside the scope of her practice of massage therapy.Petitioner failed to prove that massage therapist induced or tried to induce sexual activity when undercover deputy requested sex and Respondent agreed. Absence of physical contact precludes finding massage establishment guilty.
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14002551AFO
STATE OF FLORIDA BOARD OF MASSAGE THERAPY
DEPARTMENT OF HEALTH,
Petitioner,
Final Order No. DOH-15-0813-FO MQA
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FILED DATEMAY 2 8 2015
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vs. DOH CASE NO.: 2013-13884
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DOAH CASE NO.: 14-2551 LICENSE NO.: MM 28:9:;93
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HONG TANG LONG LIFE THERAPY MASSAGE,
Respondent.
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FINAL ORDER
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THIS CAUSE came before the BOARD OF MASSAGE THER,R,y (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on April 30, 2015, in Tampa, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order (a copy of which is attached hereto as Exhibit A) in the above-styled cause. Petitioner was represented by Louise St. Laurent, Assistant General Counsel. Respondent was not present but was represented by Jack A. Goldberger, Esquire.
Upon review of the Recommended Order, the argument of the
parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions.
FINDINGS OF FACT
The findings of fact set forth in paragraphs 1, 2, 3, 4 of the Recommended Order are approved and adopted and incorporated herein by reference.
There is competent substantial evidence to support the findings of fact.
CONCLUSIONS OF LAW
The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 464, Florida Statutes.
The conclusions of law set forth in paragraphs 10, 11, 12, 13 14, 15, 24, 25, 26, 27, and 28 of the Recommended Order are approved and adopted and incorporated herein by reference.
PENALTY
Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be ACCEPTED.
WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the administrative complaint against HONG TANG LONG LIFE THERAPY MASSAGE is DISMISSED. This Final Order shall take effect upon being filed with the
Clerk of the Department of Health.
DONE AND ORDERED this
2015.
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day of M
BOARD OF MASSAGE THERAPY
Christy Robinson Executive Director
for Bridget Burke-Wammack, Chair
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120. 68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by Certified Mail to HONG TANG LONG LIFE THERAPY MASSAGE, Jack A. Goldberger, Esquire, 250 Australian Avenue South, Suite 1400, West Palm Beach FL 33401; to Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida
32399-3060; and by email to Louise St. Laurent, Department of
2u
at-CA
Health-PSU, at Matthew.Witters@flhealth.gov this day of
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, 2015.
7013 1090 0001 0264 2521
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Jack .t- Goldberger, Esq.
250 Australian l:.'9 . South Suite 1400
West Palm Beach, FL 33401
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Deputy Agency Clerk
Docket for Case No: 14-002551
Issue Date |
Proceedings |
Jun. 25, 2015 |
Notice of Appeal (filed in Case No. 14-002552PL).
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May 29, 2015 |
(Agency) Final Order filed (14-2552).
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May 29, 2015 |
(Agency) Final Order filed (14-2551).
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Jan. 23, 2015 |
Respondent's Response to Petitioner's Exceptions to the Recommended Order of Administrative Law Judge filed.
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Jan. 23, 2015 |
Respondent's Response to Petitioner's Exceptions to the Recommended Order of Administrative Law Judge (filed in Case No. 14-002552PL).
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Jan. 15, 2015 |
Petitioner's Exceptions to Recommended Order filed.
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Jan. 15, 2015 |
Petitioner's Exceptions to Recommended Order (filed in Case No. 14-002552PL).
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Dec. 31, 2014 |
Recommended Order (hearing held November 10, 2014). CASE CLOSED.
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Dec. 31, 2014 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Dec. 26, 2014 |
Petitioner's Proposed Recommended Order filed.
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Dec. 26, 2014 |
Respondent's Proposed Findings of Fact and Conclusions of Law filed.
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Dec. 26, 2014 |
Respondent's Proposed Findings of Fact and Conclusions of Law (filed in Case No. 14-002552PL).
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Nov. 26, 2014 |
Transcript of Proceedings (not available for viewing) filed. |
Nov. 10, 2014 |
CASE STATUS: Hearing Held. |
Nov. 03, 2014 |
Notice of Filing Petitioner's Proposed Exhibits filed.
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Nov. 03, 2014 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 31, 2014 |
Amendments to Petitioner's Unilateral Pre-hearing Statements filed on August 18, 2014 and September 17, 2014 filed.
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Sep. 25, 2014 |
Order Denying Motion in Limine and Motion for Daubert Hearing.
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Sep. 22, 2014 |
Petitioner's Response in Opposition to Respondent's Motion for Daubert Hearing filed.
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Sep. 22, 2014 |
Petitioner's Response in Opposition to Respondent's Motion in Limine filed.
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Sep. 19, 2014 |
Respondent's Motion for Daubert Hearing filed.
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Sep. 19, 2014 |
Respondent's Motion in Limine filed.
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Sep. 18, 2014 |
Notice of Taking Depositions (of Agent Anthony Combs and Agent Dan Wood, filed in Case No.: 14-2552) filed.
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Sep. 18, 2014 |
Notice of Taking Depositions (of Agent Anthony Combs and Agent Dan Wood) filed.
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Sep. 18, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 10, 2014; 9:00 a.m.; West Palm Beach, FL).
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Sep. 17, 2014 |
Respondent's Unopposed Motion to Continue Final Hearing filed.
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Sep. 17, 2014 |
Amendments to Petitioner's Unilateral Pre-hearing Statement Filed on August 18, 2014 (filed in Case No. 14-002552PL) filed.
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Sep. 12, 2014 |
Notice of Cancellation of Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
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Sep. 11, 2014 |
Notice of Cancellation of Depositions filed.
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Sep. 10, 2014 |
Amended Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
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Sep. 10, 2014 |
Return of Service (for Gerard Gilroy) filed.
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Sep. 10, 2014 |
Return of Service (for Kevin Lapham) filed.
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Sep. 10, 2014 |
Amended Notice of Taking Deposition (of Kevin Lapham and Gerard Gilroy) filed.
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Sep. 02, 2014 |
Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
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Aug. 28, 2014 |
Notice of Taking Deposition (of Kevin Lapham and Gerard Gilroy) filed.
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Aug. 28, 2014 |
Notice of Serving Respondent's First Request for Production of Documents and First Request for Interrogatories to Petitioner filed.
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Aug. 28, 2014 |
Respondent's Response to Petitioner's First Request for Production of Documents filed.
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Aug. 28, 2014 |
(Respondent's) Notice of Serving Answers to Interrogatories (unsigned) filed.
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Aug. 28, 2014 |
Respondent's Response to Request for Admissions filed.
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Aug. 27, 2014 |
Notice of Taking Deposition in Lieu of Live Testimony (of Jennifer Mason, L.M.T, filed in Case No. 14-002552PL).
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Aug. 26, 2014 |
Notice of Taking Rescheduled Videotaped Deposition in Lieu of Live Testimony (of Agent Christian Padilla) filed.
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Aug. 26, 2014 |
Notice of Taking Telephonic Deposition in Lieu of Live Testimony (of Agent James Fortwangler, filed in Case No. 14-002552PL).
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Aug. 20, 2014 |
Amended Notice of Hearing by Video Teleconference (hearing set for September 26, 2014; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to case style).
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Aug. 19, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 26, 2014; 9:00 a.m.; West Palm Beach, FL).
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Aug. 19, 2014 |
Notice of Appearance - (Casie Barnette) filed.
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Aug. 19, 2014 |
(Petitioner's) Renewed Unopposed Motion for Continuance filed.
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Aug. 18, 2014 |
Petitioner's Unilateral Pre-hearing Statement filed.
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Aug. 15, 2014 |
Order Denying Unopposed Motion for Continuance without Prejudice.
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Aug. 14, 2014 |
Unopposed Motion for Continuance Final Hearing filed.
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Aug. 14, 2014 |
Notice of Cancelling Deposition (of Christian Padilla) filed.
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Aug. 13, 2014 |
Amended Notice of Taking Videotaped Deposition in Lieu of Live Testimony (Christian Padilla) filed.
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Aug. 11, 2014 |
Notice of Taking Videotaped Deposition in Lieu of Live Testimony (of Agent Christian Padilla) filed.
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Jul. 29, 2014 |
Notice of Appearance (Mitchell Beers).
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Jul. 24, 2014 |
Amended Notice of Taking Deposition in Lieu of Live Testimony (S.M., filed in Case No. 14-002552PL).
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Jul. 22, 2014 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of S. M., not available for viewing) filed. |
Jul. 22, 2014 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of Rudiger Bruckner, filed in Case No. 14-002552PL).
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Jul. 22, 2014 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of Hong Tang, LMT, filed in Case No. 14-002552PL).
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Jul. 22, 2014 |
Notice of Appearance of Co-Counsel (Jennifer Friedberg; filed in Case No. 14-002552PL).
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Jul. 22, 2014 |
Notice of Appearance of Co-Counsel (Jennifer Friedberg) filed.
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Jul. 17, 2014 |
Notice of Serving Petitioner's Response to Respondent's First Requst for Production and First Set of Interrogatories filed.
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Jun. 10, 2014 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
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Jun. 05, 2014 |
Order of Pre-hearing Instructions.
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Jun. 05, 2014 |
Notice of Hearing by Video Teleconference (hearing set for August 27, 2014; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Jun. 05, 2014 |
Order of Consolidation (DOAH Case Nos. 14-2551 and 14-2552PL).
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Jun. 05, 2014 |
Joint Response to Initial Order filed.
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May 30, 2014 |
Initial Order.
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May 30, 2014 |
Petition for Formal Hearing and Notice of Factual Dispute as to the Allegations in the Administrative Complaint filed.
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May 30, 2014 |
Election of Rights filed.
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May 30, 2014 |
Administrative Complaint filed.
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May 30, 2014 |
Agency referral filed.
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Orders for Case No: 14-002551
Issue Date |
Document |
Summary |
May 28, 2015 |
Agency Final Order
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May 28, 2015 |
Agency Final Order
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Dec. 31, 2014 |
Recommended Order
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Petitioner failed to prove that massage therapist induced or tried to induce sexual activity when undercover deputy requested sex and Respondent agreed. Absence of physical contact precludes finding massage establishment guilty.
|