STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-24642 JOHNATHAN LORAS NUGENT, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent Johnathan Loras Nugent, 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 (2018), and Chapters 456 and 480, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to practice massage therapy within the State of Florida, having been issued license number MA 78396. 3. At all times material to this Complaint, Respondent's address of record was P.O. Box 695, New Port Richey, Florida 34656. 4, At all times materia! to this Complaint, Respondent was employed as a massage therapist at Essentials Massage and Facials of Trinity (Essentials) in Trinity, Florida. 5. Onor about September 20, 2018, Patient P.W., an adult female, presented to Essentials for a massage from Respondent. 6. During the massage, Respondent exposed Patient P.W.’s buttocks and vagina on multiple occasions. 7. Patient P.W. did not give Respondent specific informed consent to expose her buttocks or vagina. 8. Respondent touched Patient P.W.’s labia with his fingers. 9. Respondent placed one or more fingers inside P.W.'s labia. 10. Patient P.W. told Respondent that she did not want to be touched there. 11. Respondent told Patient P.W. that she could touch him if she wanted. Count I 12. Petitioner re-alleges and incorporates paragraphs one through eleven as if fully set forth herein. 13. Section 480.046(1)(p), Florida Statutes (2018), authorizes the 2 Administrative Complaint Dep't of Health v. Johnathan Loras Nugent, L.M.T. DOH Case No. 2018-24642 Board to impose discipline against a licensed massage therapist for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 14. Section 480.0485, Florida Statutes (2018), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: [VJiolation 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: (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” means 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 engaged in sexual misconduct and/or sexual activity with a client in one or more of the following ways: a. Exposing Patient P.W.’s buttocks and vagina; b. Touching Patient P.W.’s labia with his fingers; 3 Administrative Complaint Dep't of Health v. Johnathan Loras Nugent, L.M.T. DOH Case No. 2018-24642 c. Placing his finger(s) inside Patient P.W.'s labia; and/or d. Telling Patient P.W. that she could touch him if she wanted. 17. Based upon the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2018), by violating Section 480.0485, Florida Statutes (2018) and/or Rule 64B7-26.010, Florida Administrative Code. Count IE 18. Petitioner re-alleges and incorporates paragraphs one through seven as if fully set forth herein. 19. Section 480.046(1)(i), Florida Statutes (2018), authorizes the Board to impose discipline against a licensed massage therapist for failing 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. 20. Rule 64B7-30.001, Florida Administrative Code, provides in pertinent part that that: 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; Administrative Complaint Dept of Health v. Johnathan Loras Nugent, L.M.T, DOH Case No. 2018-24642 (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. 21. Respondent failed to drape Patient P.W.’s buttocks and vagina during a massage, without her specific informed consent. 22. Based upon the foregoing, Respondent violated Section 480.046(1)(i), Florida Statutes (2018). WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. (Signature page follows. ) Administrative Complaint Dep't of Health v. Johnathan Loras Nugent, L.M.T. DOH Case No. 2018-24642 SIGNED this_[7/_ day of Aor , 2019, Respectfully submitted, Ah ft FILED LE yr. DEPART oom Assistant General Counsel! FL DOH Prosecution Services Unit CLERK: CQhustr Morus 4052 Bald Cypress Way, Bin C-65 pate:___APR'1 7 20139 Tallahassee, FL 32399-3265 Florida Bar Number 118851 (P) (850) 558-9905 (F) (850) 245-4662 (E) Andrew. Pietrylo@flhealth.gov PCP Meeting: April 17, 2019 PCP Members: Wakeman & Spassoff Administrative Complaint Dep't of Health v. Johnathan Loras Nugent, L.M.T. DDH Case No. 2018-24642 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Johnathan Loras Nugent, L.M.T. DDH Case No. 2018-24642

Docket for Case No: 20-000645PL