WU U STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER(S): 98-23147 DREAMSTATE MASSAGE STUDIO, A 0 , / Y RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Massage against DREAMSTATE MASSAGE STUDIO hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of massage pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 480, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and at all times material hereto, a duly licensed massage establishment having been issued license number MM-1008. 3. Respondent's last known business address is 2318 Winter Woods Blvd., Suite D, Winter Park, Florida 32792. t UW ) . 7 OR 4. On or between September 15, 1998 and February 5, 1999 the Metropolitan i ° Bureau of Investigation (hereinafter referred to as MBI) Vice Unit conducted an undercover . investigation of Respondent's establishment. 5. Establishment owner admitted to hiring unlicensed massage therapists. . 6. Respondent owner admitted to sending unlicensed massage therapists on “out- calls” for the purpose of prostitution. 7. The Respondent owner admitted to performing sex for money and performing oral sex on clients. 8. Of the four massage rooms in the establishment, semen samples were collected from all four rooms. 9. On or about February 5, 1999, MBI closed down the Respondent's massage establishment. 10. Respondent applied for, and received a change of location permit for the massage establishment and is currently doing business at a new location. COUNTI 11. Petitioner repeats and re-alleges the allegations of paragraphs 1 through 10 above. 12, _ Based on the foregoing, sexual activity took place in the Respondent establishment and arrangements for further sexual activity were made there, making Respondent subject to discipline pursuant to Section 480.046 (1) (k), Florida Statutes, for violating Rule 64B7-26.010, Florida Administrative Code, absolutely prohibiting sexual activity in the practice of massage therapy. U U COUNT i 13. __ Petitioner repeats and re-alleges the allegations of paragraphs 1 — 10 above. 14. Based on the foregoing, Respondent hired unlicensed massage therapists and advised them to practice contrary to the provisions of this chapter and is subject to discipline pursuant to Section 480.046 (1) (e), Florida Statutes, for aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to the provisions of this chapter or to a rule of the department or board. COUNT III 15. Petitioner repeats and re-alleges the allegations of paragraphs 1 — 10 above. 16. Based on the foregoing, the Respondent’s owner engaged in sexual activities for money and is subject to discipline pursuant to Section 480.0485; 480.046 (1) (k) Florida Statutes, for inducing the patient to engage in sexual activities outside the scope of practice or the scope of generally accepted examination or treatment of a patient. a UW . as WHEREFORE, Petitioner respectfully requests the Board of Massage Therapy enteran « “%- order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation and/or any other relief that the Board of Massage Therapy deems appropriate. SIGNED this PW aay os Vedarnker 1999. Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration OUNSEL FOR PETITIONER: ary L. Asbell, Senior Attorney Agency for Health Care Administration Petitioner Regulation - Legal P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 414-1981 ; GLA/fim FILED pEPARTMENT OF HEALTH PCP: Harrison & Gran EPUTY CLERK CLERK Q. ‘um DATE: July 14, 1999 , Ql- Se} DATE

Docket for Case No: 00-000674