STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ww CASE NO. 2019-51819 NELSON WILBUR BLOSSER, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent Nelson Wilbur Blosser, 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 (2019), and chapters 456 and 480, Florida Statutes (2019), 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 16521. 3. At all times material to this Complaint, Respondent's address of record was 5300 SW 109" Place Road, Ocala, Florida 34476.1 4. At all times material to this Complaint, Respondent was not employed as a massage therapist. 5. On or about September 29, 2019, Patient S.C., an adult female, presented for a massage from Respondent. 6. During the massage, Respondent exposed Patient S.C.’s breasts. 7. Patient S.C. did not give Respondent specific informed consent to expose her breasts. 8. During the massage, Respondent exposed Patient S.C.’s vagina and buttocks. 9. Patient S.C. did not give Respondent specific informed consent to expose her vagina and/or buttocks. 10. During the massage, Respondent repeatedly placed his clothed penis and scrotum in Patient S.C.’s hands. 11. Respondent moaned repeatedly during the massage. 12. Respondent touched Patient S.C.’s groin region. 13. Respondent touched Patient S.C.’s vagina. 1 Respondent may have additional addresses of 10694 SW 67" Avenue, Ocala, Florida and 1111 NE 25% Avenue, Suite 504, Ocala, Florida 34470. 2 Administrative Complaint Dep't of Health v. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 14, Respondent placed one or more fingers between Patient S.C.'s labia. 15. Respondent touched Patient S.C.’s clitoris. 16. Respondent touched the outside of Patient S.C.’s vaginal opening. 17. Respondent spread Patient S.C.’s buttocks and exposed her anus. 18. Respondent touched the area around Patient S.C.’s anus opening. Count I 19. Petitioner re-alleges and incorporates paragraphs one through eighteen as if fully set forth herein. 20. Section 480.046(1)(p), Florida Statutes (2019), authorizes the 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. 21. Section 480.0485, Florida Statutes (2019), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: [V]iolation 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 Administrative Complaint Dep't of Health v. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 practice or the scope of generally accepted examination or treatment of the patient. 22. 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... 23. Respondent engaged in sexual misconduct and/or sexual activity with a client in one or more of the following ways: a. b. h. j. Exposing Patient S.C.’s breasts; Exposing Patient S.C.’s genitalia and buttocks; . Placing his clothed penis and scrotum in Patient S.C.’s hands; . Moaning repeatedly during the massage; . Touching Patient S.C.’s groin region; . Touching Patient S.C.’s vagina; . Placing his finger(s) between Patient S.C.’s labia; Touching Patient S.C.’s clitoris; Touching the outside of Patient S.C.’s vaginal opening; Spreading Patient S.C.’s buttocks to expose Patient S.C.’s anus; 4 Administrative Complaint Dep't of Health v. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 and/or k. Touching the area around Patient S.C.’s anus opening. 24. Based upon the foregoing, Respondent violated section 480.046(1)(p), Florida Statutes (2019), by violating section 480.0485, Florida Statutes (2019) and/or Rule 64B7-26.010, Florida Administrative Code. Count iT 25. Petitioner re-alleges and incorporates paragraphs one through seven as if fully set forth herein. 26. Section 480.046(1)(i), Florida Statutes (2019), 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. 27. 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 Dep't of Health v. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 (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. 28. Respondent failed to drape Patient S.C.’s breasts, vagina, and buttocks during a massage, without her specific informed consent. 29. Based upon the foregoing, Respondent violated section 480.046(1)(i), Florida Statutes (2019). . WHEREFORE, Petitioner respectfully requests that the Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondeni’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. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 SIGNED this! dayor_(@eed. _, 2000, Respectfully submitted, abcd Loy Linda B. Kipling Qualified Representative FILED DEPARTMENT OF HEALTH DEPUTY CLERK FL DOH Prosecution Services Unit ; 4052 Bald Cypress Way, Bin C-65 CLERK: Cute {Mocs Tallahassee, FL 32399-3265 DATE: __ (P) (850) 558-9861 (F) (850) 245-4662 (E) Linda.Kipling@fihealth.gov PCP Meeting: March 11, 2020 PCP Members: Drago and Whitridge Administrative Complaint Dep't of Health v. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819 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 alieged 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 shali 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. Nelson Wilbur Blosser, L.M.T. DOH Case No. 2019-51819

Docket for Case No: 20-003397PL