STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, vs. Case No. MM 2002-26297 ts, 2: . a PAIN RELIEF CENTER, OD2015 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner’) by and through its undersigned attorneys and files its Administrative Complaint against Respondent, PAIN RELIEF CENTER, (hereinafter “Respondent’) and alleges: NATURE OF THE ACTION 1. This is an action to impose administrative penalties and assess costs related to the investigation and prosecution of the allegations against Respondent pursuant to Sections 456.072 and 480.046(1)(o), Florida Statutes and Rule 64B7- 26.008(3) of the Florida Administrative Code (FAC). JURISDICTION AND VENUE 2. This tribunal has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes. 3. Venue shall be determined pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of massage therapy pursuant to Section 20.43, Florida Statutes, and Chapters 456' and 480, Florida Statutes. 5. At all times material hereto Respondent has been licensed as a massage establishment, having been issued license number MM 4890 on February 25, 1994. 6. Respondent's last known address is P.O. Box 565567, Miami, FL 33256. COUNT! 7. On September 9, 2002, Inspector Zulma Del Toro conducted a routine establishment inspection of Respondent's facilities and discovered that Respondent had posted an outdated 2001 massage establishment license. 8. Section 480.046(1)(0) of the Florida Statutes provides that the “following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” 9. Rule 64B7-28.008(3) of the Florida Administrative Code (FAC) states that the “owner of each massage establishment shall conspicuously display a current establishment license issued by the Department on the premises.” 10. The Respondent violated Section 480.046(1)(0) of the Florida Statutes by violating Rule 64B7-28.008(3), FAC, when Respondent failed to conspicuously display ‘Formerly Chapter 455, Part Il; see Chapter 2000-160, Laws of Florida. 2 a current establishment license issued by the Department on the premises; therefore, the Respondent's license is subject to discipline by the Board. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BOARD OF MASSAGE THERAPY to enter an order imposing one or more of the following penalties pursuant to Section 456.072, Florida Statutes and Rule 64B7-30.002, Florida Administrative Code: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's practice; c. An administrative fine; d. Areprimand; e. Probation; and/or f. Any other penalty the Board deems appropriate. Dated this 2?” “ay of