STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2016-10932 MINGLI LI, L.M.T., RESPONDENT. eS 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 (“Board”) against the Respondent, Mingli Li, 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, and chapters 456, Florida Statutes; and chapter 480, Florida Statutes. 2. Atall times material to this Complaint, Respondent was licensed to practice massage therapy in the state of Florida, having been issued license number MA 80545 on or about November 23, 2015. 3. Respondent’s address of record is 4435 Colden Street, Apartment 4L, Flushing, New York 11355. 4. Atall times material to this complaint, Respondent was employed as a massage therapist at Golden Asian Massage, LLC, doing business as The Wood Massage (“Golden Asian”), located at 1218 Winter Garden Vineland Road, Suite 124, Winter Garden, Florida. 5. Onor about March 9, 2016, Metropolitan Bureau of Investigation (MBI) conducted an investigation of Golden Asian. 6. On or about March 9, 2016, Respondent performed a massage on an undercover law enforcement officer, Officer F.M. 7. During the course of the massage,. Respondent offered and/or agreed to perform manual masturbation on Officer F.M. 8. During the course of the massage, Respondent touched Officer F.M.'s penis with her hand. COUNT I 9, Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. DOH v. Mingli Li, L.M.T. 2016-10932 Page 2 of 8 10. Section 480.046(1)(p), Florida Statutes (2015), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board. 11. Section 480.0485, Florida Statutes (2015), prohibits sexual misconduct in the practice of massage and states, in pertinent part, that: 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. 12. Manual masturbation and/or touching a patient’s penis with the massage therapist’s hand constitutes sexual activity outside the scope of . massage practice or the scope of generally accepted examination or treatment of the massage patient. Rule 64B7-26.010(4), Florida Administrative Code. 13. 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. Mingli Li, L.M.T. 2016-10932 Page 3 of 8 a. By offering and/or agreeing to perform manual masturbation on Officer F.M.; and/or b. By touching Officer F.M.’s penis with her hand. 23. Based on the foregoing, Respondent has violated section 480.046(1)(p), Florida Statutes (2015), through a violation of section 480.0485, Florida Statutes (2015). COUNTI 14. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 15. Section 480.046(1)(p), Florida Statutes (2015), 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. 16. Rule 64B7-26.010(1) and (3), of the Florida Administrative Code, 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), Florida Administrative Code, defines “sexual activity” as: DOH v. Mingli Li, L.M.T. 2016-10932 Page 4 of 8 [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. 17. Respondent used the therapist-client relationship to engage in sexual activity with a client or to make arrangements to engage in sexual activity with a client in one or more of the following ways: a, By offering and/or agreeing to perform manual masturbation on Officer F.M.; and/or . b. By touching Officer F.M.’s penis with her hand. 18. Respondent engaged in sexual activity in a massage establishment by touching Officer F.M.’s penis with her hand. 19, Based on the foregoing, Respondent has violated Section 480.046(1)(p), Florida Statutes (2015), through a violation of Rule 64B7- 26.010(1) and/or (3), Florida Administrative Code. DOH v. Mingli Li, L.M.T. 2016-10932 Page 5 of 8 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. SIGNED this 14th day of February, 2018. Celeste Philip, MD, MPH Surgeon General and Secretary . [Sf Christina Arzillo Shideler Christina Arzillo Shideler Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 FILED Tallahassee, FL 32399-3265 oR eRUT CLERK Florida Bar # 90869 CLERK Angel Sanders 4 2018 (850) 558-9844 pare FEB De (850) 245-4684 FAX Christina.Shideler@fihealth.gov PCP: 2.14.2018 PCP Members: Drago, Whitridge DOH v. Mingli Li, L.M.T. 2016-10932 Page 6 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. 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. Mingli Li, L.M.T. 2016-10932 Page 8 of 8

Docket for Case No: 19-002389PL