STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2014-21973 YUN O. SHIN, LMT, 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, Yun O. Shin, LMT, 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, and Chapters 456 and 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice massage therapy in the state of Florida pursuant to Chapter 480, Florida Statutes, having been issued license number MA 55703 on or about March 5, 2009. 3. Respondent's mailing address of record is 4328 Edgewater Drive, Apartment C103, Orlando, Florida 32804. 4. At all times material to this complaint, Respondent was an employee of Head to Toe Massage, doing business at 624 East Colonial Drive, Orlando, Florida. 5. On or about April 7, 2014, the Metropolitan Bureau of Investigation (MBI) of the Orange County Sheriff's Office conducted an undercover investigation of Head to Toe Massage. 6. On or about April 7, 2014, Respondent provided a massage to an undercover MBI agent, A.B. (Officer A.B.). 7. During the course of the massage, Respondent offered and/or - agreed to perform manual masturbation on Officer A.B. 8. During the course of the massage, Respondent touched Officer A.B.’s penis with her hand. 9. Section 480.046(1)(p), Florida Statutes (2013), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. DOH v. SHIN, LMT 2014-21973 Page 2 of 6 10. Section 480.0485, Florida Statutes (2013), prohibits sexual misconduct in the practice of massage and states, in pertinent part, that: 11. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Rule 64B7-26.010(4), Florida Administrative Code (F.A.C.), defines “sexual activity” as: 12. {Ajny direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this subsection, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation has occurred. Respondent engaged in sexual misconduct by using the massage therapist-patient relationship to induce or attempt to induce a patient to engage, or to engage or attempt to engage a patient, in sexual activity outside the scope of practice of massage in one or more of the following ways: DOH v. SHIN, LMT 2014-21973 Page 3 of 6 a) byoffering and/or agreeing to perform manual masturbation on Officer A.B.; and/or b) by touching Officer A.B.’s penis. 13. Based on the foregoing, Respondent has violated Section 480.046(1)(p), Florida Statutes (2013), through a violation of Section 480.0485, Florida Statutes (2013). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one 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 Respondent on probation, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE BLOCK ON FOLLOWING PAGE] DOH v. SHIN, LMT 2014-21973 Page 4 of 6 SIGNED this (944 day of October 2016. Celeste Philip, MD, MPH Surgegn General and Secretary Carrie B. McNamara Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 FILED Florida Bar # 0062029 ee RMN CLERK (850) 245-4640 . (850) 245-4684 FAX CLERK: enala) feonarcl Carrie.McNamara@flhealth.gov DATE Db - 1 PCP: 10/18/2016 PCP Members: Burke-Wammack & Wasylyna DOH v. SHIN, LMT 2014-21973 Page 5 of 6 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. DOH v. SHIN, LMT 2014-21973 Page 6 of 6

Docket for Case No: 18-001137PL