STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2017-18172 ANGEL L. TORRES CARBALLO, L.M.T., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department), hereby files this Administrative Complaint before the Board of Massage Therapy against Respondent Angel L. Torres Carballo, 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; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist within the state of Florida, having been issued license number MA 65188. 3. | Respondent’s address of record is 2368 NW 35* Street, Apt. 8, Miami, FL 33142 4. At all times material to this complaint, Respondent was employed to provide massage therapy services at Ananda Spa, an unlicensed massage establishment, located in Miami, Florida. 5. On or about October 3, 2017, H.G., a 25-year-old female, presented to Ananda Spa for a 4:00 PM massage appointment. 6. | Respondent greeted H.G. upon her arrival and directed her to the massage room. He instructed H.G. to undress and lay face down on the massage table, and left the room momentarily to allow her to undress. 7. Respondent returned to the room and began to massage H.G.'s legs and back. 8. | Respondent asked H.G. to turn over and lay on her back. He then massaged her legs, shoulders, and collar bone area. 9. | Respondent then began massaging H.G.'s breast area, pulled the blanket that had been covering her breasts down without her consent, and grabbed her breasts and began kissing one of her bare breasts around her nipple. Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 10. H.G. immediately pushed Respondent away, covered herself, and confronted Respondent about his actions. 11. Respondent apologized to H.G. and begged her not to say anything. COUNT I 12. Paragraphs one through eleven are realleged and incorporated as if fully set forth herein. 13. Section 480.046(1)(p), Florida Statutes (2017), subjects a massage therapist to discipline for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 14. Section 480.0485, Florida Statutes (2017, prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct as a: 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. 15. Rule 64B7-26.010, Florida Administrative Code, provides in pertinent part: Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 (1) Sexual activity by any person or persons in any massage establishment is absolutely prohibited; (3) No licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client and; (4) As used in this rule, “sexual activity” méans any 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... 16. Respondent committed sexual misconduct in one or more of the following ways: a. Grabbing H.G.’s breast or breasts; b. Kissing or placing his mouth on H.G.’s breast. 17. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2017), by violating Section 480.0485, Florida Statutes (2017), and/or Rule 64B7-26.010, Florida Administrative Code. COUNT II 18. Paragraphs one through eleven are realleged and incorporated as if fully set forth herein. 19. Section 480.046(1)(p), Florida Statutes (2017), subjects a massage therapist to discipline for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 20. Section 480.046(1)(i), Florida Statutes (2017), prohibits gross or repeated malpractice or the failure to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances. 21. Rule 64B7-30.001(5) provides in pertinent part: The following acts shall constitute the failure to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances: (5) Failure to appropriately drape a_ client. Appropriate draping of a client shall include draping of the buttocks and genitalia of all clients, and breasts of female clients, unless the client gives specific informed consent to be undraped. 22. Respondent failed to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances in one or more of the following ways: a. Exposing H.G.’s breasts without her informed consent. 23. Based on the foregoing, Respondent violated section 480.046(1)(p), Florida Statutes (2017) by violating section 480.046(1)(i), Administrative Complaint ° DOH v. Angel L. Torres Carballo, L.M.T. Case No,: 2017-18172 Florida Statutes (2017), by violating Rule 64B7-30.001(5), Florida Administrative Code. © COUNT III 24. Paragraphs one through eleven are realleged and incorporated as if fully set forth herein. 25. Section 480.046(1)(p), Florida Statutes (2017), subjects a massage therapist to discipline for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 26. Section 480.046(1)(0), Florida Statutes (2017), subjects a massage therapist to discipline for practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show. 27. Respondent practiced massage at Ananda Spa, a site, location, or place which is not duly licensed as a massage establishment and which does not fall under one of the enumerated exceptions. Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 28. Based on the foregoing, Respondent violated section 480.046(1)(p), Florida Statutes (2017) by violating section 480.046(1)(0), Florida Statutes (2017) 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, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _29th_ day of November , 2017. Celeste Philip, M.D., M.P.H. Surgeon General & Secretary Keath Pumphoey Keith Humphrey Assistant General Counsel Florida Bar No.: 93767 Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 FILED DEPARTMENT OF HEALTH PUTY CLERK, DEPU cuerk facho, Lyoue pate NOV 2 9 2017 PCP Date: November 29, 2017 PCP Members: Phillips & Havard Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172 Telephone: (850) 558-9855 Facsimile: (850) 245-4684 Email: Keith. Humphrey @flhealth.gov 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 pursuant to 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 i in addition to any other discipline imposed. Administrative Complaint DOH v. Angel L. Torres Carballo, L.M.T. Case No.: 2017-18172

Docket for Case No: 18-002998PL