Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: TERRENCE GRYWINSKI MASSAGE
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Lakewood Ranch, Florida
Filed: Jan. 15, 2021
Status: Set for Hearing by Zoom Conference.
Latest Update: Dec. 23, 2024
Summary: The issues to be resolved are whether Respondent committed the offenses charged in the Administrative Complaints and, if so, what penalties should be imposed.Petitioner did not prove by clear and convincing evidence that Respondent committed sexual misconduct. Recommends dismissal of Administrative Complaint.
STATE OF FLORIDA
BOARD OF MASSAGE THERAPY
DEPARTMENT OF HEALTH,
Petitioner,
v. CASE NO. 2019-39761
TERRENCE GRYWINSKI MASSAGE,
Respondent.
SS
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 (“Board”) against Respondent,
Terrence Grywinski Massage, and alleges:
1. Petitioner is the state department charged with regulating
the practice of massage therapy pursuant to section 20.43, Hlrida
Statutes; chapter 456, Florida Statutes; and chapter 480, Florida
Statutes.
2. At all times material to this Complaint, Respondent was a
licensed massage establishment in the state of Florida, having been
issued license number MM 18059.
3. Respondent establishment is owned by Terrence Brian
Grywinski, L.M.T.
4. | Respondent establishment’s mailing address of record is
6419 Meandering Way, Lakewood Ranch, Florida 34202.
5. Respondent's physical location is 1188 Tamiami Trail,
’ Sarasota, Florida 34236.
6. In or about December 2017, Patient M.M., a female patient,
had a craniosacral therapy session with Mr. Grywinski at Respondent
establishment's physical location.
7. Craniosacral therapy is a form of massage therapy.
8. During the course of the session, Mr. Grywinski stated that
Patient M.M.’s breasts seemed “tense.”
9. At Mr. Grywinski’s direction, Patient M.M. removed her shirt,
bra, shorts, and/or underwear.
10. Mr. Grywinski remained in the room during this time.
11. After Patient M.M. reestablished herself on the table, Mr.
Grywinski failed to drape Patient M.M.
12. Mr. Grywinski then “cupped” Patient M.M.’s breasts with
glass cups.
DOH v. Terrence Grywinski Massage Page 2 of 7
DOH Case No.: 2019-39761
13. Mr. Grywinski massaged around the cups.
14. Mr. Grywinski removed the cups and proceeded to massage
Patient M.M.’s breasts.
15. Mr. Grywinski massaged Patient M.M.’s groin area and
buttocks.
16. Mr. Grywinski stated that Patient M.M. “had buns of steel,”
and/or that Mr. Grywinski was a “horny old man.”
17. Remaining in the room while a patient disrobes, failing to
drape a patient, touching and/or rubbing a female patient’s breasts,
touching and/or rubbing a patient’s buttocks, touching and/or rubbing a
patient’s groin, commenting on a patient’s body, and/or referring to
oneself as a “horny old man” are sexual acts that are outside the scope
of practice and/or the scope of generally accepted examination or
treatment of a patient.
18. Section 480.046(1)(p), Florida Statutes (2017), 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.
19. Section 480.0485, Florida Statutes (2017), prohibits sexual
misconduct in the practice of massage and specifically provides that:
DOH v. Terrence Grywinski Massage Page 3 of 7
DOH Case No.: 2019-39761
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 examination or treatment of the patient.
Sexual misconduct in the practice of massage therapy is
prohibited.
20. Rule 64B7-26.010(1) and (3) of the Florida Administrative
Code (2017), 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”, in
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.
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DOH Case No.: 2019-39761
21.
Rule 64B7-26.010(2), Florida Administrative Code (2017),
states that no massage establishment owner shall engage in or permit
any person or persons to engage in sexual activity in such owner's
massage
establishment or use such establishment to make
arrangements to engage in sexual activity in any other place.
22.
in sexual
Respondent establishment’s owner, Mr. Grywinski, engaged
misconduct in the practice of massage by using the massage
therapist-patient relationship to induce or attempt to induce, or to
engage or attempt to engage Patient M.M. in sexual activity outside of
the scope
a
b.
23.
480.046(1
of practice in one or more of the following ways:
. By remaining in the room while Patient M.M. disrobed;
By massaging Patient M.M.’s breasts;
. By massaging Patient M.M’s buttocks;
. By massaging Patient M.M.’s groin;
. By commenting on Patient M.M.’s body; and/or
By referring to himself as a “horny old man.”
Based on the foregoing, Respondent violated Section
)(p), Florida Statutes (2017), through a violation of Section
DOH v. Terrence Grywinski Massage Page 5 of 7
DOH Case No.
: 2019-39761
480.0485, Florida Statutes (2017), and/or Rule 64B7-26.010(1), (2),
and/or (3), Florida Administrative Code.
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 the Respondent on probation, corrective action, refund of fees billed
or collected, remedial education and/or any other relief that the Board
deems appropriate.
SIGNED this _.'.> day of ( e Pologa , 2020.
Scott A. Rivkees, M.D.
FILED State Surgeon General
DEPARTMENT OF HEALTH =
DEPUTY CLERK . ~ y
CLERK: Amanda Morales - PY NO ow as oy) ——
DATE: 10/29/2020 annie L. Hart
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 820989
(850) 558-9896
(850) 245-4684 fax
Dannie.Hart@flhealth.gov
DLH/km
PCP: October 28, 2020
PCP Members: Phillips & Whitridge
DOH v. Terrence Grywinski Massage Page 6 of 7
DOH Case No.: 2019-39761
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.
Please be advised that mediation under Section 120.573,
Florida Statutes, is not available for administrative disputes
involving this agency action.
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. Terrence Grywinski Massage Page 7 of 7
DOH Case No.: 2019-39761
Docket for Case No: 21-000181
Issue Date |
Proceedings |
May 26, 2021 |
Notice of Substitution of Counsel (Amanda Forbes) filed.
|
May 25, 2021 |
Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for July 12 and 13, 2021; 1:00 p.m., Eastern Time).
|
May 24, 2021 |
Notice of Dates of Mutual Availability for Final Hearing filed.
|
May 21, 2021 |
Respondents' Notice of Cancellation of Taking Zoom Deposition filed.
|
May 21, 2021 |
Respondents' Motion for Continuance of Final Hearing filed.
|
May 13, 2021 |
Respondents' Notice of Taking Zoom Deposition (Complainant MM) filed.
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May 11, 2021 |
Petitioner's Amendment to Notice of Taking Deposition Testimony via Video Teleconference (Buhler) filed.
|
May 10, 2021 |
Order on Motion for Protective Order.
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May 07, 2021 |
Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (Buhler) filed.
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May 06, 2021 |
Response in Opposition to Petitioner's Objection to Non-Party Subpoena and Motion for Protective Order filed.
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Apr. 29, 2021 |
Petitioner's Objection to Respondents' Notice of Intent to Serve Subpoena Duces Tecum without Deposition on a Nonparty and Motion for Protective Order filed.
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Apr. 22, 2021 |
Petitioner's Notice of Serving Second Response to Respondents' Joint First Set of Interrogatories filed.
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Apr. 20, 2021 |
Respondents' Notice of Intent to Serve Subpoena Duces Tecum on a Non-Party filed.
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Apr. 15, 2021 |
Respondents' Notice of Service of Amended Answers to Petitioner's First Set of Interrogatories filed.
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Apr. 13, 2021 |
Petitioner's Notice of Serving Responses to Respondents' Joint First Set of Interrogatories, Joint First Request for Admissions and Joint First and Second Requests to Produce filed.
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Mar. 31, 2021 |
Amended Notice of Hearing by Zoom Conference (hearing set for June 15 and 16, 2021; 1:00 p.m., Eastern Time).
|
Mar. 30, 2021 |
Petitioner's Unopposed Motion to Reschedule Final Hearing filed.
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Mar. 24, 2021 |
Respondents' Notice of Intent to Serve Subpoena Duces Tecum on Non-Parties filed.
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Mar. 24, 2021 |
Respondents' Joint Second Request for Production of Documents to Petitioner Florida Department of Health filed.
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Mar. 12, 2021 |
Notice of Service of Respondent's Joint First Set of Interrogatories to Petitioner filed.
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Mar. 12, 2021 |
Petitioner's Notice of Taking Deposition Testimony Via Video Teleconference (T. Grywinski) filed.
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Mar. 12, 2021 |
Respondents' Joint First Request for Production of Documents to Petitioner Florida Department of Health filed.
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Mar. 12, 2021 |
Respondents' Joint First Request for Admissions filed.
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Mar. 12, 2021 |
Order Rescheduling Hearing by Zoom Conference (hearing set for June 15, 2021; 9:30 a.m., Eastern Time).
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Mar. 11, 2021 |
Joint Response to Order Granting Continuance of Hearing filed.
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Mar. 04, 2021 |
Order Granting Continuance and Requiring Status Report (parties to advise status by March 15, 2021).
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Mar. 04, 2021 |
Respondents' Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
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Mar. 03, 2021 |
Respondent, Terrence Grywinski Massage's Responses to Petitioner's First Request for Production of Documents filed.
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Mar. 03, 2021 |
Respondent, Terrence Brian Grywinski, L.M.T.s Responses to Petitioner's First Request for Production of Documents filed.
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Mar. 03, 2021 |
Respondents' Notice of Intent to Serve Subpoena Duces Tecum on a Non-Party filed.
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Mar. 03, 2021 |
Agreed Motion for Continuance of Final Hearing filed.
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Mar. 02, 2021 |
Petitioner's Notice of Taking Deposition Testimony via Video Teleconference (T. Grywinski) filed.
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Feb. 24, 2021 |
Respondent, Terrence Grywinski Massage's Response to Petitioner's First Request for Admissions filed.
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Feb. 24, 2021 |
Respondent, Terrence Grywinski, L.M.T.'s Response to Petitioner's First Request for Admissions filed.
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Feb. 23, 2021 |
Notice of Appearance (Ann Prescott) filed.
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Feb. 23, 2021 |
Notice of Appearance (Ann Prescott; filed in Case No. 21-000181 ).
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Feb. 12, 2021 |
Amended Order of Pre-hearing Instructions.
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Feb. 12, 2021 |
Notice of Appearance (Achal Aggarwal) filed.
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Feb. 12, 2021 |
Notice of Appearance (Lance Leider) filed.
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Feb. 08, 2021 |
Notice of Court Reporter filed.
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Jan. 29, 2021 |
Notice of Telephonic Pre-hearing Conference (set for March 16, 2021; 10:00 a.m., Eastern Time).
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Jan. 29, 2021 |
Order of Pre-hearing Instructions.
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Jan. 29, 2021 |
Notice of Hearing by Zoom Conference (hearing set for April 6, 2021; 9:30 a.m., Eastern Time).
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Jan. 28, 2021 |
Order of Consolidation (DOAH Case Nos. 21-0180 and 21-0181)
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Jan. 27, 2021 |
Joint Response to Initial Order filed.
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Jan. 25, 2021 |
Notice of Serving Petitioner's First Request for Interrogations, First Request for Production and First Request for Admissions to Respondent filed.
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Jan. 21, 2021 |
Initial Order.
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Jan. 15, 2021 |
Election of Rights filed.
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Jan. 15, 2021 |
Notice of Scrivener's Error filed.
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Jan. 15, 2021 |
Administrative Complaint filed.
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Jan. 15, 2021 |
Agency referral filed.
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