STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2007-10150 ROLANDO CRUZ, L.M.T. RESPONDENT. / ADMINISTRATIVE COMPLAINT sa/s i|h Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Massage Therapy against Respondent, Rolando Cruz, L.M.T., and in support alleges: 1. Petitioner is the state department charged with regulating the practice of massage therapy pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this order, Respondent was licensed to practice massage therapy in the State of Florida, having been issued license number MA 40162 on or about January 7, 2004. 3. Respondent’s address of record is 860 SW 129 Place, #101, Miami, Florida 33184. FAPSU\Allied Health\Cecelia\Massage Therapy Cases\Cruz, Rolondo\Cruz AC-480.046(f}(0).doc Filed October 3, 2011 9:56 AM Division of Administrative Hearings 4. Respondent was employed as a massage therapist at Tapia Chiropractic Center, between on or about July 2006 through on or about September 2006, 5. Between on or about July 2006 and on or about September, 2006, AR, AH, and DL were patients at Tapia Chiropractic Clinic. 6. During the course of treatment at Tapia Chiropractic Center, each patient usually received the following treatment modalities for treatment of injuries sustained in an automobile accident: Therapeutic Exercises; Hydrotherapy (Hydrobed); Ultrasound, Electric Stimulation, and Massage. 7. Respondent is the person who administered therapeutic exercise, hydrotherapy, ultrasound, electric stimulation, and massage to all three patients when they came to Tapia Chiropractic Center for treatment. 8. Whenever these treatments were administered, Respondent would complete a Physical Therapy treatment sheet that indicated what modalities were administered to each patient on each date. 9. Respondent completed physical therapy treatment sheets for patients AR, AH, and DL for on or about August 7, 8, and 9, 2006. 1:\PSU\Allied Health\Cecelia\Massage Therapy Cases\Cruz, Rolondo\Cruz AC-480.046(f}(a).doc 2 10. None of the services indicated on the physical therapy treatment sheets were actually performed on patients AR, AH, or DL on or about August 7, 8, and 9, 2006. 11. Section 480.046(1)(f), Florida Statutes, (2006), subjects a massage therapist to discipline for making deceptive, untrue or fraudulent representations in-the practice of-massage---- i 12. Respondent has completed treatment forms. that indicated services were provided to patients AR, AH, and DL that they did not actually receive, . 13. Based on the foregoing, the Respondent violated Section 480.046(1)(f), Florida Statutes, (2006), for making deceptive, untrue or fraudulent representations in the practice of massage. ~ WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing oné “or more of ‘the following Penalties: permanent revocation. or_suspension of Respondent's license, ‘restriction of practice, imposition of an: administrative fine, issuance of a reprimand;-placement-of -the-Respendent-on-probation,-corrective_action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. T:\PSU\Allied Health\Cecelia\Massage Therapy Cases\Cruz, Rolondo\Cruz AC-480.046(fi(o).doc 3 SIGNED this ee day of foul , 2008. Ana M. Viamonte Ros M.D., M.P.H., sfjte Surgeon General Cn AU behyur- ; Lele Cecelia D. Jeffe GEPARTM BY Se Assistant General Counsel CLERK. CZ DOH Prosecution Services Unit DATE lavat#-4052 Bald Cypress Way, Bin C-65 marie Tallahassee, FL 32399 Florida Bar # 0007609 (850) 245-4640 ext. 8167 (850) 245-4684 FAX PCP: April 16, 2008 Karen Harrison and Lorena Haynes J:\PSU\Allied Health\Cecelia\Massage Therapy Cases\Cruz, Rolondo\Cruz AC-480.046(f)(a).dac 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 and 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 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. J:\PSU\Allied Health\Cecelia\Massage Therapy Cases\Cruz, Rolondo\Cruz AC-480,046(F}(0).doc 5

Docket for Case No: 11-005086PL