STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2014-17745 PING LI, LMT, 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 Ping Li, LMT and 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 in the State of Florida, having been issued license number MA 69382. 3. Respondent's mailing address of record is 6724 16ist Street, Apartment 3-H, Flushing, New York 11365. There is also an alternate address available for Respondent at 21 Covert Avenue, Floral Park, New York 11001. 4. On or about March 12, 2011, Respondent was arrested and charged in the state of New York, Nassau County — Hempstead, for the 1) Unauthorized Practice of a Profession and 2) Unauthorized Use of a Professional Title. 5. On or about August 8, 2011, in the District Court of Nassau County — Hempstead, in case number 2011NA005613, Respondent entered a plea of guilty to a reduced charge of Disorderly Conduct. The Unauthorized Practice of a Profession charge was dismissed. 6. On or about April 20, 2012, Respondent submitted a Massage Therapist Licensure Application (Application) to the Florida Board of Massage Therapy. 7. Under the Criminal History section of the Application, Respondent was asked “Have you EVER been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense?” You must include all misdemeanors and Page 2 of 11 DOH vy. PING LI, LMT Case No.: 2014-17745 felonies, even if adjudication was withheld. In response to the question, Respondent selected “No”. 8. On or about July 24, 2013, the Osceola County Sheriff’s Office (OCSO) conducted an undercover investigation at Bodywork of Asia (Bodywork), due to receiving multiple complaints regarding acts of prostitution being committed by employees at area massage spas. 9. Acting in an undercover capacity, an officer with OCSO, arrived at Bodywork and were greeted by two employees, who were later identified as X.H., owner of Bodywork, and Respondent. 10. The undercover officer said that both, X.H. and Respondent, asked if he would be interested in a two girl massage. 11. The undercover officer said that he was directed to a room and told to remove his clothing before the massage and X.H. asked, “Do you want more of us?” 12. The undercover officer agreed and X.H. said that it would be $150 for both, X.H. and Respondent. 13. The undercover officer said that both, X.H. and Respondent, removed their clothing and started to climb on top of him. Page 3 of 11 DOH v, PING LI, LMT Case No,: 2014-17745 14. The undercover officer stopped them and asked what he was getting for the price. 15. X.H. told the undercover officer that she and Respondent would give him a “hand job” (common slang term for manual manipulation of the male genitals by use of a clinched fist), oral, and he could touch and lick them. 16. The undercover officer told X.H. that he could give her $150 and return later with the remainder. 17. The pre-serialized investigative funds were given to both, X.H. and Respondent, and they agreed to meet the undercover officer later. 18. The undercover agent departed Bodywork and members of the OCSO Tourism Policing Unit (TPU) responded to Bodywork and made contact with X.H. and Respondent. 19. The pre-serialized investigative funds were recovered from both, X.H. and Respondent, and both were arrested for prostitution and living off the proceeds of prostitution. 20. Onor about January 30, 2014, in the County Court of the Ninth Judicial Circuit in and for Osceola County, Florida, in case number Page 4 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 2013MM003267, Respondent entered a plea of nolo contendere to Prostitution. 21. Respondent did not report this plea of nolo contendere to the Board, in writing, within thirty (30) days. COUNT I 22. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth therein. 23. Section 480.046(1)(0), Florida Statutes (2011), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 24. Section 456.072(1)(w), Florida Statutes (2011), provides that failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application constitutes grounds for discipline by the Board of Massage Therapy. Page 5 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 25, Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2011), through a violation of Section 456.072(1)(w), Florida Statutes (2011), by failing to provide initial information on her Application or failing to timely provide updated information to her Application. COUNT It 26. Petitioner realleges and incorporates paragraphs one (1) through three (3) and eight (8) through nineteen (19) as if fully set forth therein. 27. Section 480.046(1)(p), Florida Statutes (2013), provides that violating any provision of this chapter or 456, or any rules adopted pursuant thereto, constitutes grounds for discipline by the Board of Massage Therapy. 28. Section 480.0485, Florida Statutes (2013), 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. Page 6 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 29. 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 when Respondent removed her clothing and climbed on top of the undercover officer and offered to perform manual manipulation on the undercover officer during the course of a massage. 30. 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). COUNT IIT 31. Petitioner realleges and incorporates paragraphs one (1) through three (3) and eight (8) through nineteen (19) as if fully set forth therein. 32. Section 480.046(1)(c), Florida Statutes (2013), provides that being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of massage or to the ability to practice massage constitutes grounds for discipline by the Board Page 7 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 of Massage Therapy. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter. 33. The underlying facts of the offense took place in a massage establishment where Respondent was employed and occurred while Respondent was providing a massage in her capacity as a licensed massage therapist. 34. Based on the foregoing, Respondent violated Section 480.046(1)(c), Florida Statutes (2013). COUNT IV 35. Petitioner realleges and incorporates paragraphs one (1) through three (3), twenty (20), and twenty-one (21) as if fully set forth therein. 36. Section 480.046(1)(p), Florida Statutes (2013), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 37. Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty Page 8 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board of Massage Therapy. 38. Respondent failed to report her January 30, 2014 plea of nolo contendere to Prostitution to the Board, in writing, within thirty (30) days. 39. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2013), through a violation of Section 456.072(1)(x), Florida Statutes (2013), by failing to report to the Board, in writing, within 30 days after she had entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 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 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 block on next page| Page 9 of 11 DOH v. PING LI, LMT Case No.: 2014-17745 SIGNED this [1 day of _{/ FILED Department Of Health Deputy Clerk CLERK Sanders pars. MAY 18 2016 DOH v. PING LI, LMT PCP: 5/12/16 PCP Members: Phillips & Brooks OOH v. PING LI, LMT Case No.: 2014-17745 2016. Celeste Philip, MD, MPH Interim State Surgeon General eryl D.’Roberts Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar #0120509 (850) 245-4640 (850) 245-4684 fax CASE NO. 2014-17745 Page 10 of 11 DOH v. PING LI, LMT CASE NO. 2014-17745 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 11 of 11 DOH v. PING LI, LMT Case No.: 2014-17745

Docket for Case No: 20-002856PL