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STATE OF FLORlDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

Petitioner,

vs. Case No, 2009-05015

P.03

JEFFl;RY PAUL OEMJmCO, L.R.1.,

Re pondent.

ADMINISTRATIVE COMPLAINT

COMES NOW, rctltlon r, Department of Health (hereinafter "Petitioner''), by and through its undersigned . counsel, and. files this Administrative Complaint betore the Board of Mas,:;age Therapy against the Respondent, Jeffery Pciul Demarco, L.M.T. (hereinafter "Respondent"),.and in support thereof alleges:

1. Petitioner is the state department charged with. regulating the practice of massage therapy pursuant lo Chapters 20, 1156, and 480, Florida Statutes.

   
   

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2. At all times material to this order, Respondent was licensed as a ma1,sage therapist in the Slate of Horida, pursuant to Chapter 480, Florida Statutes, having been issued a massage therapist license on or ahout January 15, 1992.

3. At all times material to this order, as it pertains to patient/client K.L., Respondent was a massage therapist at Anushka Spa (hereinafter "Anushka"), located at 701 Rosemary Avenul", Suite 200, West Palm Beach, Florida 33'101.

4. on or about Februa1y 7, 7009, patlent/dient K.L. went to Anushka for her first massage, and Respundent was assigned to provide K.L. with her massa_ge.

5. Respundent began by mc1ssaging K.L.'s arms and legs. The Respondent then asked K.L to turn onto her stomach. Thf" Respondent then massaged the back of K.L.'s legs and her buttocks.

6. The Respondent then positioned K.L. on her right side. Soon thereafter, K,L. began to feel that she was going to fall off of the massage table.

7. Respondent helped K.L regain her position on the massage table and placed his hand between K.L.'s legs.

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850 414 1989

B. K.L. was positioned on her back, and Respondent left K.L. completely undraped. The Respondent theh began massaging K.L.'s breasts.

1. k, the Respondent was rnassaging K.L.'s breasts, he then kissed K.L.'s left breast.

2. K.L. immediately arose and asked Respondent what he was doing.

   
   

   The Respondent replied by stating that he was ju giving K.L., "a little kiss."

   
   

3. K.L. then jumped off of the massage table, put on her robe and screamed for the respondent to leave the room. The Respondent remained in the room and slated to K.L., "I didn't c.lo anything. T didn't do anything. You're cra'Z'/,"

12.. K.L. left the room and reported the incident to the owner of the establishment. K.L: also reported the incident to the West Palm Beach Police Department.

COUNT I

1. Petitioner adopts and realleges paragraphs one (1) through twelve

   
   

   1. as if fully set torth herein.

      
      

2. Section 456.072(l)(v), Florida Statutes (2008) provides that a licen$ee is subject to discipline for engaging or attempting to engage in sexual

   
   

   P.05

   
   

   
   

   
   

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   misc.;onduct as defined and prohibited by Section 456.063(1), Florida Statutes

   
   

   (2008).

3. Section 456.063(1), Florida Statutes (2008), states that sexual professional relationship through which the hec1llh care practitioner uses such

   misconduct in the practice of a health care profession means violutlon of the relationship to engage or attempt to engage the patient/client in, or to induce or

   attempt to induce such µerson to engage in, verbal or physical s1::Jxual activity outside the scope of the professional practice of such health care profession.

4. As set forth previously, Respondent violated his professional relationship with his patient/client by using his status as a licl::lnsed massage therapist to engage or attempt to engage K.L. in sexual activity.

5. Based upon the fon"going, Respondent has violated Section 456.072(1)(v), Florida Statutes (2008).

   COUNT II

   
   

6. Petitioner adopts and rcalleges paragraphs one (1) through thirteen

   
   

   1. as if fully set forth herein.

   
   

7. Section 480.046(1)(0), Florida Sratutes, (2008), provides, violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Massage Therapy,

   
   

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8. Section 480.0485, Florida Statutes (2008), provides that the massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship tci induce or attempt to induce the patient/client to engage or

   attempt to engage the patient/dient in sexual activity outside the scope of

   
   

   practice or the sc:ope of genl::!rally accepted examination or treatment· of the patient/client. Sexual activity In th!:! practice of massage therapy is prohibited.

9. As s!:!t fo,th above, Respondent violatf'd the massage therapist- patient relationship by !:!xploiting KJ..'s trust and used his status as il licensed massage therapist to engage or attempt to engage K.L. in sexual activity.

2.2.. Based upon the foregoing, Respondent violated Section 480.0485;

Florida Statutes (2008), pursuant to Section 480.046(1)(0), Floridil Statutes,

2008.

WHEREFORE, the Petitioner respectfully requests that the Board o.f Massage Therapy enter c1n order imposing one or more of the following penalties: perm,ment revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund

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850 414 1989

of fees billed or collected, remedial education and/or any other relief that the

P.08

Board deems appropriate.

SIGNED this day of tA pf!, fL

2009.

Ana M. Viamonte Ros, M.O., M.P.H,

State Surgeon General

DE HLEO

CLCRK H

CLERK PAiR:TxMEyNT OF HEALT DATE 4. _ _.,J,a .

. ...:.;;>-oq

PCP; 4 /.Ii.,,/ 0 q

Don/\. Hyn n

Assistant General Counsel

-- ---'=o o,:,H-i-::-P""'ro-s-=ec. utiun Services

4052 Bald Cypress Way, Bin C-65

Tallahassee, FL 32 99-3265

FBN: 0270695.

(850) 245-4640

(850) 245-4684 FAX

PCP Members: n, 1-O.lcJi

'

.-u!'..,.,ffn_ t

wa1(1-e.1..)

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850 414 1989

Jeffrey Paul Demarco, L.M.T. Case number 2.009-05015

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence i1Rd argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested.

NOTICE. REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred c115ts related to the inve5,tigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the B11ard shall assess cos;ts related to the investigation and pivsecution of a discipliniuy matter, which may include art11rney hours and costs, on the Respondent io addition to any other discipline impose

P.09

Docket for Case No: 11-000745PL