Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: CEDARWOODS DAY SPA
Judges: CLAUDE B. ARRINGTON
Agency: Department of Health
Locations: Pembroke Pines, Florida
Filed: Jul. 06, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 21, 2004.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA ,
BOARD OF MASSAGE THERAPY 03 HAY 29 PH 4: 00
OEY T. ae
DEPARTMENT OF HEALTH, ADMINS ip cj ee
HEATINGS |
Petitioner,
vs, Case No. 02-23688
CEDARWOODS DAY SPA, pase
Respondent. (D - 24 aX
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ADMINISTRATIVE COMPLAINT
COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner”) by and
through its undersigned and files its Administrative Complaint against Respondent,
CEDARWOODS DAY SPA (hefeinafter “Respondent’) and alleges:
ATU F THE ACTI
1. This is an action to impose administrative penalties related to the
investigation and prosecution of the allegations against Respondent pursuant to
Sections 456.072 and 480.046, Florida Statutes.
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 28-1 06.207, Fia. Admin. Code.
RECEIVED
FEB 1 8 2003
ADMINISTRATIVE LAW
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 MM10779 on February 16, 2001.
6. Respondent's last known address is 9125 Taft Street, Pembroke Pines FL
33024.
COUNT I
7. On or about September 4, 2002, Petitioner's inspector conducted a routine
annual inspection of Respondent's premises.
8. Matilda Gomez (hereinafter “Gomez”) was employed by Respondent.
9. Gomez is licensed by the Board of Cosmetology as a “Full Specialist,” license
number 2309. Matilda Gomez was not licensed as a massage therapist in the State of
Florida on the date of the inspection.
10. On the date of the inspection, Gomez was in a room furnished with a
massage table. A man was lying unclothed on the massage table with a towel across
his midsection. Gomez’ hands and arms were covered with lotion.
41. Gomez stated that she was performing a “falacial” on the man, which is the
massaging of the head and shoulders.
‘Formerly Chapter 455, Part Il; see Chapter 2000-160, Laws of Florida.
2
12. Paufa Guillen, owner of Respondent establishment stated that Gomez was
providing a “back cure treatment facial.” This treatment includes the shoulder, neck
and back and involves applying a cleansing cream, applying an exfolliator using
“rotative movements,” applying toner, applying vitamin E to the back “using slow
movements.” :
13. Section 477.013, Florida Statutes, defines various specialities that may be
performed pursuant to a license issued by the Board of Cosmetology.
a. The specialty of “facials” is the massaging or treatment of the face and scalp.
Section 477.013(6)(c).
b. “Body wrapping” is a treatment using herbal wraps to clean and beautify the
skin, but does not include the application of oils, lotions, or other fluids to the body,
except fluids contained in presoaked wraps, and does not include manipulation of the
body’s superficial tissue, other than that arising from compression emanating from the
wraps. Section 477.013(12).
c. “Skin care services” includes the treatment of the skin of the body other than
the head, face ‘and scalp, by the use of a sponge, brush, cloth or similar device to apply
or remove a chemical preparation or other substance. “Skin care services” may not
include massage through the manipulation of superficial tissue. Section 477.013(13).
14. Gomez was manipulating the soft tissue of the customer on the premises on
the date of inspection, and was therefore performing massage therapy.
15. Section 480.047(1)(c), Florida Statutes, provides that it is unlawful to permit
an employed person to practice massage therapy unless duly licensed under Chapter
480.
416. Respondent violated Section 480.046(1)(0), Florida Statutes which provides
that the Board of Massage Therapy may take action against the license of any licensee
who violates any provision of Chapter 480, Chapter 456, or any rules adopted pursuant
thereto, by violating Section 480.047(1)(c), Florida Statutes.
COUNT J!
17. Petitioner realleges and incorporates by reference the allegations in
paragraphs 7 through 14 above.
18. Section 480.046(1)(e), Florida Statutes, provides that the Board of Massage
Therapy may take action against the license of any licensee that aids, assists, procures,
or advises any unlicensed person to practice massage therapy contrary to the
provisions of Chapter 480 or the rules of the Department or the Board.
49. Respondent violated Section 480.046(1)(e), Florida Statutes by employing
an unlicensed person to practice massage therapy.
COUNT Hil
20. Petitioner realleges and incorporates by reference the allegations of
paragraphs 7 through 14 above.
21. Section 480.046(1)(j), Florida Statutes, provides that the Board of Massage
Therapy may take action against any licensee that delegates professional
responsibilities to a person whom the licensee knows is not qualified by training,
experience or licensure to perform.
22. Respondent violated Section 480.046(1)(j) by delegating the performance of
massage therapy to an unlicensed person.
CLAIM FOR REL
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 Rule64B7-30.002, 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 “Z_ day of
PCP: Harrison, Quiring
DATE: January 28, 2003
(a , 2003
Respectfully submitted,
CHARLES J. CRIST, JR.
Attorney General
: ; —
rian Stabley “—————
Senior Assistant Attorney General
Department of Legal Affairs
PL-01 The Capitol
Tallahassee, Florida 32399-1050
(850) 414-3300
NOTICE OF HEARING RIGHTS AND ASSESSMENT OF COSTS , ota
RESPONDENT IS HEREBY NOTIFIED THAT HE/SHE HAS T CRIGHT, TO
REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 440.868 AND v/-
120.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIV' ACTION :
ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR
HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO BRIAN
STABLEY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,
PL-01 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050. MEDIATION IS NOT
AVAILABLE TO RESOLVE THIS COMPLAINT.
RESPONDENT IS PLACED ON NOTICE THAT PETITIONER HAS INCURRED
COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF THIS MATTER.
PURSUANT TO SECTION 456.072(4), FLORIDA STATUTES, THE BOARD SHALL
ASSESS COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF A
DISCIPLINARY MATTER, WHICH MAY INCLUDE ATTORNEY HOURS AND COSTS, ON
THE RESPONDENT IN ADDITION TO ANY OTHER DISCIPLINE IMPOSED.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy has been served by certified mail
this LZ day of fe bwaes, 2003 to: CEDARWOODS DAY SPA 9125 Taft Street,
Pembrook Pines FL 33024 and Michael G. Petit, 19 West Flagler Street, Suite 707, Miami
Brian J. GGA
Assistant Attorney General
FL 33130.
4: 08
Docket for Case No: 04-002338
Issue Date |
Proceedings |
Jul. 21, 2004 |
Order Closing File. CASE CLOSED.
|
Jul. 20, 2004 |
Notice of Settlement Agreement (filed by Petitioner via facsimile).
|
Jul. 07, 2004 |
Order Reopening Case. (formerly DOAH Case No. 03-2016)
|
Jul. 07, 2004 |
Initial Order.
|
Jul. 06, 2004 |
Letter to B. Stabley from M. Petit regarding Notice of Appearance (filed via facsimile).
|
Jul. 06, 2004 |
Request for Hearing (filed via facsimile).
|
Jul. 06, 2004 |
Administrative Complaint (filed via facsimile).
|
Jul. 06, 2004 |
Referral for Hearing (Formerly DOAH Case No.03-2016) filed via facsimile.
|
May 29, 2003 |
Request for Hearing filed.
|
May 29, 2003 |
Administrative Complaint filed.
|
May 29, 2003 |
Referral for Hearing filed.
|