Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: STEVEN HENLEY, L.M.T.
Judges: JAMES H. PETERSON, III
Agency: Department of Health
Locations: Panama City, Florida
Filed: Jan. 16, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 12, 2019.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
BOARD OF MASSAGE THERAPY
DEPARTMENT OF HEALTH,
Petitioner,
Vv. CASE NO. 2016-27326
STEVEN HENLEY, L.M.T.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Petitioner, Department of Health, by and through
its undersigned counsel, and files this Administrative Complaint before the
Board of Massage Therapy (hereinafter “Board”) against Respondent,
Steven Henley, L.M.T. (hereinafter “Respondent’”) and 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 Complaint, Respondent was a
licensed massage therapist in the State of Florida, having been issued
license number MA 82418.
3. Respondent’s mailing address of record is 122 Hamilton
Avenue, Panama City, Florida 32401.
4. On or about October 24, 2016, Respondent performed a
massage on client J.H. (hereinafter “Client”).
5. Respondent failed to explain the draping technique used during
the course of the massage to Client.
6. Respondent exposed Client’s buttocks and breasts during the
course of the massage, without the consent of Client.
7. Respondent fondled Client’s groin area and her left breast
during the course of the massage.
COUNT I
' 8. Petitioner realleges and Incorporates paragraphs | one (1)
through six (6) as if fully set forth herein.
9. Section 480.046(1)(i), Florida Statutes (2016), provides that
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 constitute grounds
for discipline by the Board.
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DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
10. Rule 64B7-30.001 (4) and (5), Florida Administrative Code
(2016), states that a therapist’s failure to explain expected draping
techniques to a client and/or to appropriately drape a client constitutes a
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.
11. 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. Rule 64B7-
30.001 (5), Florida Administrative Code (2016).
12. 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 both of the following ways:
a. By failing to explain the draping technique used during
the course of the massage to Client; and/or
b. By exposing Client’s buttocks and breasts during the
course of the massage, without the consent of Client.
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DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
13. Based on the foregoing, Respondent violated Section
480.046(1)(1), Florida Statutes (2016), by failing 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.
COUNT II
14. Petitioner realleges and incorporates paragraphs one (1)
through seven (7) as if fully set forth herein.
15. Section 480.046(1)(p), Florida Statutes (2016), provides that
violating any provision of this chapter or chapter 456, or any rules adopted
pursuant thereto constitutes grounds for discipline by the Board.
16. Section 480.0485, Florida Statutes (2016), 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 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
. Page 4 of 9
DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
examination or treatment of the patient. Sexual misconduct in the practice
of massage therapy is prohibited.
17. Respondent violated the massage therapist-patient relationship
by engaging or attempting to engage the client in sexual activity in one or
both of the following ways:
a. By exposing Client’s buttocks and breasts during the
course of the massage, without the consent of Client; and/or
b. By fondling Client's groin area and her left breast during
the course of the massage.
18. Based on the foregoing, Respondent violated Section
480.046(1)(p), Florida Statutes (2016), through a violation of Section
480.0485, Florida Statutes (2016), by violating the patient-therapist
relationship by engaging or attempting to engage a client in sexual activity.
COUNT ITI
19. Petitioner realleges and incorporates paragraphs one (1)
through seven (7) as if fully set forth herein.
20. Section 480.046(1)(p), Florida Statutes (2016), provides that a
massage therapist is subject to discipline for violating any provision of this
chapter or Chapter 456, or any rules adopted pursuant thereto.
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DOH v. STEVEN HENLEY, L.M.T.
Case No.; 2017-27326
21. Rule 64B7-26.010, (1) and (3) of the Florida Administrative Code
(2016), absolutely prohibits sexual activity by any person or persons in a
massage establishment, and provides that no licensed massage therapist
shall use the therapist-client relationship to engage in sexual activity with any
client or to make arrangements to engage in sexual activity with any client.
Rule 64B7-26.010(4), defines “sexual activity”, pertinent part as”
(4) [A]ny 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.
22. Respondent used the massage therapist-patient relationship to
engage in sexual activity with the client by direct and/or indirect physical
contact with the client in one or both of the following ways:
a. By exposing Client’s buttocks and breasts during the
course of the massage, without the consent of Client; and/or
b. By fondling Client's groin area and her left breast during
the course of the massage.
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DOH v. STEVEN HENLEY, L.M.T,
Case No.: 2017-27326
23. Based on the foregoing, Respondent violated Section
480.046(1)(p), Florida Statutes (2016), through a violation of Rule 64B7-
26.010(1) and (3), Florida Administrative Code (2016), using the massage
therapist-patient relationship to engage in sexual activity with a client by
direct and/or indirect physical contact with a client.
WHEREFORE, the Petitioner respectfully requests that the Board
enter an order imposing one or more of the following penalties: permanent
revocation or suspension of license, restriction of practice, imposition of an
administrative fine, issuance of a reprimand, placement of the Respondent
on probation, corrective action, continuing education and/or any other
relief that the Board deems appropriate.
[SIGNATURE PAGE TO FOLLOW]
Page 7 of 9
DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
ro HEALTH
ARTMENT OF
DEP DEPUTY CLERK
CLERK Amber Greene
pate NOV 0 5 2018
PCP: 10.31.18
PCP Members: Drago & Havard
DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
SIGNED this 5th day of November, 2018.
Celeste Philip, MD, MPH
Surgeon General and Secretary
[s/ Christina Arzillo Shideler
Christina Arzillo Shideler
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 90869
(850) 558-9844
(850) 245-4684 fax
Christina.Shideler@flhealth.gov
Page 8 of 9
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.
Page 9 of 9
DOH v. STEVEN HENLEY, L.M.T.
Case No.: 2017-27326
Docket for Case No: 19-000269PL
Issue Date |
Proceedings |
Feb. 12, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 11, 2019 |
Joint Motion to Relinquish Jurisdiction without Prejudice filed.
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Jan. 29, 2019 |
Order of Pre-hearing Instructions.
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Jan. 29, 2019 |
Notice of Hearing (hearing set for March 22, 2019; 9:00 a.m., Central Time; Panama City, FL).
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Jan. 22, 2019 |
Joint Response to Initial Order filed.
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Jan. 22, 2019 |
Order Accepting Qualified Representative.
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Jan. 17, 2019 |
Motion to Appear as Qualified Representative filed.
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Jan. 17, 2019 |
Notice of Service of Discovery filed.
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Jan. 17, 2019 |
Initial Order.
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Jan. 16, 2019 |
Amended Election of Rights filed.
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Jan. 16, 2019 |
Administrative Complaint filed.
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Jan. 16, 2019 |
Agency referral filed.
|