Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: FENGMEI AN, L.M.T.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Health
Locations: Orlando, Florida
Filed: Nov. 14, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 9, 2013.
Latest Update: Dec. 31, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
V. CASE NO. 2012-11569
FENGMEI AN, L.M.T.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the Board
of Massage Therapy against the Respondent, Fengmei An, L.M.T., and in
support thereof alleges:
1. Petitioner is the state agency charged with regulating the practice
of massage therapy pursuant to Section 20.43, Florida Statutes (2012), and
Chapters 456 and 480, Florida Statutes (2012).
2. At all times material to this Complaint, Respondent was licensed
as a massage therapist in the State of Florida, having been issued license
number MA 54642.
3. | Respondent’s address of record is 110-58 63 Avenue, Forest
Hills, New York 11375.
Filed November 14, 2012 4:35 PM Division of Administrative Hearings
4. On or about August 31, 2008, Respondent submitted a State of
Florida Application for Licensure as a massage therapist (“Application”) to the
Florida Department of Health Board of Massage Therapy (“Florida Board”).
5. On her Application, Respondent indicated that she attended
Swedish Institute.
6. Respondent also indicated on her Application that Swedish
Institute is not a Florida Board Approved School.
7. Respondent’s Application further reveals that Respondent did not
attend an apprenticeship program.
8. Pursuant to Section 480.041(1)(b), Florida Statutes (2008), in
order to qualify for licensure as a massage therapist in the State of Florida
pursuant to Chapter 480, Florida Statutes, a person must complete a course
of study at a board-approved massage school or complete an apprenticeship
program that meets the standards adopted by the board.
9. Submitted to the Florida Board with Respondent's Application was
a transcript from Florida College of Natural Health (‘FCNH”).
10. The FCNH transcript represents that Respondent earned five
hundred credit hours in the FCNH Therapeutic Massage Training Program
(Transfer of Licensure).
Page 2 of 8
11. The FCNH transcript indicates that Respondent started the FCNH
Therapeutic Massage Training Program (Transfer of Licensure) on August 27,
2008, and completed the program on August 28, 2009.
12. Respondent also submitted, with her Application, a FCNH
Certificate of Completion of twelve hours of Therapeutic Massage Training
Program (Transfer of Licensure) dated August 27, 2008.
13. Also submitted with Respondent’s Application was a FCNH
Certificate of Completion of two hours of Prevention of Medical Errors dated
August 28, 2008.
14. On or about July 19, 2012, the Vice President of Compliance and
Institutional Effectiveness for FCNH (“V.P.”) certified that the FCNH transcript
Respondent submitted with her Application is fraudulent.
15. On or about July 19, 2012, the V.P. also certified that Respondent
did not complete the courses identified in the certificates Respondent
submitted with her Application.
16. Having not completed courses at, or obtained certificates of
completion from, a Florida Board approved school, as required by Section
480.041(1)(b), Florida Statutes (2008), Respondent is not qualified to be
licensed, or to practice, as a massage therapist in the State of Florida.
Page 3 of 8
COUNT ONE
17. Petitioner realleges paragraphs 1 through 16, as if fully set forth
herein.
18. Section 480.046(1)(0), Florida Statutes (2008), subjects a
massage therapist to discipline for violating any provision of Chapter 480 or
456, Florida Statutes, or any rules adopted pursuant thereto.
19. Section 456.072(1)(h), Florida Statutes (2008), subjects a
massage therapist to discipline for attempting to obtain, obtaining, or
renewing a license to practice a profession by bribery, by fraudulent
misrepresentation, or through an error of the department or the board.
20. Based on the foregoing, Respondent has violated Section
480.046(1)(0), Florida Statutes (2008), by obtaining her license to practice
massage therapy in the State of Florida through error of the Department of
Health or through fraudulent misrepresentation by submitting a fraudulent
transcript and fraudulent Certificates of Completion with her Application, in
violation of Section 456.072(1)(h), Florida Statutes (2008).
COUNT TWO
21. Petitioner realleges paragraphs 1 through 16, as if fully set forth
herein.
Page 4 of 8
22. Section 480.046(1)(0), Florida Statutes (2008), subjects a
massage therapist to discipline for violating any provision of Chapter 480 or
456, Florida Statutes, or any rules adopted pursuant thereto.
23. Section 456.072(1)(w), Florida Statutes (2008), subjects a
massage therapist to discipline for failing to comply with the requirements for
profiling and credentialing, including, but not limited to, failing to provide
initial information, failing to timely provide updated information, or making
misleading, untrue, deceptive, or fraudulent representations on a profile,
credentialing, or initial or renewal licensure application.
24. Based on the foregoing, Respondent has violated Section
480.046(1)(0), Florida Statutes (2008), by violating Section 456.072(1)(w),
Florida Statutes (2008), by for failing to comply with the requirements for
profiling and credentialing by submitting a fraudulent transcript and
fraudulent Certificates of Completion with her Application, in violation of
Section 456.072(1)(w), Florida Statutes (2008).
COUNT THREE
25. Petitioner realleges and incorporates by reference the allegations
in paragraphs 1 through 16 as if fully set forth herein.
Page 5 of 8
26. Section 480.046(1)(0), Florida Statutes (2008), subjects a
licensee to discipline for violating any provision of Chapter 480 or Chapter
456, or any rules adopted pursuant thereto.
27. Pursuant to Section 480.041(1)(b), Florida Statutes (2008), in
order to qualify for licensure as a massage therapist in the State of Florida, a
person must complete a course of study at a Florida Board-approved
massage school or complete an apprenticeship program that meets the
standards adopted by the Florida Board.
28. Respondent is not qualified to hold a license as a massage
therapist because she failed to complete a course of study at a Florida Board-
approved massage school and failed to complete an apprenticeship program
that meets the standards adopted by the Florida Board.
29. Based on the foregoing, Respondent violated Section
480.046(1)(0), Florida Statutes (2008), by obtaining a license as a massage
therapist without completing a course of study at a Florida Board-approved
massage school or an apprenticeship program that meets the standards
adopted by the Florida Board, in violation of Section 480.041(1)(b), Florida
Statutes (2008).
WHEREFORE, Petitioner respectfully requests that the Board of
Massage Therapy enter an order imposing one or more of the following
Page 6 of 8
penalties: permanent revocation or suspension of Respondent's license,
restriction of practice, imposition of an administrative fine, issuance of a
reprimand, placement of Respondent on probation, corrective action, and/or
any other relief that the Board of Massage Therapy deems appropriate.
SIGNED this Q@Y day of OGtober _, 2012.
John H. Armstrong, MD
FILED State Surgeon General and Secretary of Health
DEPARTMENT OF HEALTH y)
DEPUTY CLERK
CLERK Angel Sanders
DATE 10/9/2012
Jenifer L. Friedberg, Esq.
Assistant General Counsel
Florida Bar No. 0021640
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
(P) 850-245-4640
(F) 850-245-4662
(E) jenifer_friedberg@doh.state.fl.us
PCP Date: October 8, 2012
PCP Members: Lorena Haynes, and Joy Buckley
Page 7 of 8
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
Respondent in addition to any other discipline imposed.
Page 8 of 8
Docket for Case No: 12-003667PL
Issue Date |
Proceedings |
Aug. 13, 2013 |
Transmittal letter from Claudia Llado returning Respondent's Proposed Exhibits numbered R-1 through R-44.
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Aug. 13, 2013 |
Transmittal letter from Claudia Llado returning Petitioner's Proposed exhibits numbered 1-4.
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Aug. 09, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Aug. 08, 2013 |
Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
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Jul. 23, 2013 |
Notice of Hearing by Webcast (hearing set for August 13, 2013; 9:00 a.m.; Orlando and Tallahassee, FL).
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Jul. 11, 2013 |
CASE STATUS: Status Conference Held. |
Jul. 05, 2013 |
Notice of Telephonic Status Conference (status conference set for July 11, 2013; 2:30 p.m.).
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Jun. 28, 2013 |
Respondent's Request for Date for Continuation of Hearing and Order Directed to Non-party filed.
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May 23, 2013 |
Petitioner's Status Report filed.
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May 22, 2013 |
Respondent's Unilateral Response to Order Requiring Status Report filed.
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May 16, 2013 |
Respondent, Fendmei An's, Notice of Filing Subpoenas and Returns of Service filed.
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May 15, 2013 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
May 14, 2013 |
Respondent's Objection to Petitioner's Use of Melissa Wade's Deposition Transcript in Lieu of Testmony filed.
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May 14, 2013 |
Respondent's Notice of Filing Returns of Service filed.
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May 13, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
May 13, 2013 |
Notice of Filing Petitioner's Proposed Exhibits filed.
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May 13, 2013 |
Notice of Transfer.
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May 10, 2013 |
Non-parties Florida College of Natural Health and Melissa Wade's Motion for Protective Order filed.
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May 10, 2013 |
Non-parties Florida College of Natural Health and Melissa Wade's Motion for Protective Order filed.
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May 10, 2013 |
Notice of Appearance (Douglas Ede) filed.
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May 10, 2013 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
May 09, 2013 |
Respondent, Fengmei An's, Notice of Filing filed.
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May 08, 2013 |
Amended Notice of Hearing by Video Teleconference (hearing set for May 15 and 16, 2013; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to video teleconference and hearing time).
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May 06, 2013 |
Joint Prehearing Stipulation filed.
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May 02, 2013 |
Order Overruling Objections to Non-party Subpoenas Duces Tecum.
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May 01, 2013 |
Notice of Appearance (R. Claridge) filed.
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Apr. 23, 2013 |
Notice of Taking Telephonic Deposition Duces Tecum (of F. An) filed.
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Apr. 18, 2013 |
Respondent's Response to Petitioner's Objection to Respondent's Notice of Intent to Serve Subpoenas on a Non-party filed.
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Apr. 08, 2013 |
Objection to Respondent's Notice of Intent to Serve Subpoenas on a Non-party filed.
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Apr. 04, 2013 |
Petitioner's Response to Respondent's Second Request for Production of Documents filed.
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Mar. 29, 2013 |
Respondent An's Notice of Intent to Serve Subpoenas on a Non-Party filed.
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Mar. 05, 2013 |
Respondent's Second Request for Production of Documents filed.
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Mar. 05, 2013 |
Order Denying Consolidation.
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Feb. 27, 2013 |
Respondent An's Motion to Clarify Order Denying Motion to Consolidate Related Cases in DOAH Case No.: 12-3610PL filed.
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Feb. 15, 2013 |
Order Denying Motion to Consolidate Related Cases.
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Feb. 15, 2013 |
Notice of Serving Petitioner's Responses to Respondent's Second Set of Interrogatories filed.
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Feb. 12, 2013 |
Notice of Substitution of Counsel filed.
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Feb. 11, 2013 |
Petitioner's Response to Respondent's Motion to Consolidate Related Cases filed.
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Feb. 08, 2013 |
Notice of Appearance (filed by Lance Leider) filed.
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Feb. 04, 2013 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for May 15 and 16, 2013; 9:00 a.m.; Orlando, FL).
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Feb. 04, 2013 |
Respondent An's Motion to Consolidate Related Cases filed.
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Jan. 31, 2013 |
Unopposed Motion for Continuance of Formal Hearing filed.
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Jan. 29, 2013 |
Respondent Fengmei An's Notice of Service of Responses to Petitioner's First Request for Interrogatories filed.
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Jan. 22, 2013 |
Petitioner's Response to Respondent An's Notice of Related Cases filed.
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Jan. 16, 2013 |
Notice of Service of Respondent's Second Set of Interrogatories to Petitioner filed.
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Jan. 15, 2013 |
Respondent An's Notice of Related Cases filed.
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Jan. 14, 2013 |
Order Denying Reconsideration and Rehearing.
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Jan. 11, 2013 |
Respondent's Second Request for Judicial Notice/Official Recognition filed.
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Jan. 07, 2013 |
Respondent Fengmei An's Responses to Petitioner's Request for Admissions filed.
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Jan. 07, 2013 |
Respondent An's Response to Petitioner's Request for Production filed.
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Jan. 04, 2013 |
Petitioner's Response to Respondent's Motion for Reconsideration of, or Rehearing on, Order Denying Respondent's Motion to Dismiss filed.
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Dec. 28, 2012 |
Order Granting Extension of Time.
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Dec. 27, 2012 |
Motion for Extension of Time to File Response to Respondent's Motion for Reconsideration, or Rehearing on, Order Denying Respondent's Motion to Dismiss filed.
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Dec. 21, 2012 |
Respondent's Motion for Reconsideration of, or Rehearing on, Order Denying Respondent's Motion to Dismiss filed.
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Dec. 21, 2012 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 26 and 27, 2013; 9:00 a.m.; Orlando, FL).
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Dec. 20, 2012 |
Joint Motion for Continuance of Formal Hearing filed.
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Dec. 18, 2012 |
Order on Request for Official Recognition.
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Dec. 18, 2012 |
Petitioner's Response and Objection to Respondent's Request for Judicial Notice/Official Recognition filed.
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Dec. 17, 2012 |
Corrected Notice of Taking Telephonic Deposition Duces Tecum (of M. Wade) filed.
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Dec. 17, 2012 |
Notice of Taking Telephonic Deposition Duces Tecum (of M. Wade) filed.
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Dec. 11, 2012 |
Petitioner's Response to Respondent's Motion to Dismiss filed.
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Dec. 10, 2012 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
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Dec. 10, 2012 |
Respondent's Request for Judicial Notice/Official Recognition filed.
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Dec. 05, 2012 |
Order Denying Motion to Dismiss.
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Nov. 29, 2012 |
Order of Pre-hearing Instructions.
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Nov. 29, 2012 |
Notice of Hearing (hearing set for January 16 and 17, 2013; 9:00 a.m.; Orlando, FL).
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Nov. 29, 2012 |
Notice of Transfer.
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Nov. 26, 2012 |
Respondent An's Motion to Dismiss and Supporting Memorandum of Law filed.
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Nov. 21, 2012 |
Joint Response to the Initial Order filed.
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Nov. 21, 2012 |
Respondent Fengmelan, L.M.T.'s Notice of Filing filed.
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Nov. 21, 2012 |
Notice of Appearance (D. Murray) filed.
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Nov. 15, 2012 |
Initial Order.
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Nov. 14, 2012 |
Notice of Appearance (filed by J. Friedberg).
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Nov. 14, 2012 |
Agency referral filed.
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Nov. 14, 2012 |
Election of Rights filed.
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Nov. 14, 2012 |
Administrative Complaint filed.
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