STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, Vv. : . CASE NO. 2017-11510 YUJUAN MA, L.M.T., Respondent. / ADMINISTRATIVE COMPLAINT COMES: NOW the Petitioner Department of Health and files this Administrative Complaint before the Board of Massage Therapy (hereinafter Board) against Yujuan Ma, L.M.T., 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 69277. 3. Respondent’s address of record is 7719 Mordecai Street, Jacksonville, Florida 32210. 4. On or about June 28, 2017, an undercover detective with the Jacksonville Sheriff’s Office Vice Unit, presented to A Sweet Spa, located at 5515 Roosevelt Boulevard, Jacksonville, Florida 32244, 5. The detective paid Respondent $40.00 for a 30-minute massage. 6. During the massage session, Respondent offered to masturbate the detective for $80.00. 7. Respondent was arrested for offering to commit or engage in prostitution or assignation. 8. — Respondent's actions were outside the scope of practice and/or the scope of generally accepted examination or treatment, . COUNT I 7: 9. Petitioner realleges and incorporates paragraphs one through eight as if fully set forth herein. 10. Section 480.046(1)(p), Florida Statutes (2016), provides that violating any provision of this chapter or chapter 456, or any rules adopted DOH v. Yujuan Ma, L.M.T Case No. 2017-11510 pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 11. Section 480.0485, Florida Statutes (2016), prohibits sexual misconduct in the practice of massage therapy 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, 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 therapy by offering and/or agreeing to perform masturbation on the detective. 13. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 480.0485, Florida Statutes (2016), when she Induced or attempted to induce the detective to engage, or engaged or attempted to engage the DOH v. Yujuan Ma, L.M.T Case No. 2017-11510 detective in sexual activity outside the scope of practice or the scope of generally accepted examination. COUNT It 14. Petitioner realleges and incorporates paragraphs one through eight as if fully set herein. 15. Section 480.046(1)(p), Florida Statutes (2016), 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. 16. Rule 64B7-26.010(1) and (3) of the Florida Administrative Code (F.A.C.) (2016), absolutely prohibit sexual activity by any person or persons in any massage establishment, ar | 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), F.A.C., defines “sexual activity” as: . [A]ny direct or indirect physical contact by any person or between person 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 4 DOH v. Yujuan Ma, L.M.T Case No. 2017-11510 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 make an arrangement to engage in sexual activity with the detective by offering to masturbate him. 18. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Rule 64B7- 26.010(1) and/or (3), F.A.C. (2016). WHEREFORE, the -Petitioner respectfully requests that the Board of Massage Therapy: erieer 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] DOH v. Yujuan Ma, L.M.T Case No. 2017-11510 SIGNED this 23rd day of January, 2019. s/_ Gerald C. Henley, | Gerald C. Henley, II Assistant General Counsel FILED HEALTH DEPARTMENT OFERK Florida Bar No. 1005574 DEPUTY a ‘ - xe Angel Senders DOH Prosecution Services Unit ae JAN 2 4 ay — 4052 Bald Cypress Way, Bin C-65 oo Tallahassee, FL 32399-3265 Telephone (850) 558-9832 Fax (850) 245-4684 Gerald. Henley@flhealth.gov PCP Date: January 23, 2019 PCP Members: Christopher Brooks-Chairperson - Pete Whitridge- Panel Member DOH v. Yujuan Ma, L.M.T Case No. 2017-11510 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 adivined that mediation _— 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. Yujuan Ma, L.M.T Case No. 2017-11510 Kuby 4, Hemgten, oq - cree rerrs 1G Rikcner ss, 7 OFF Ptintic Blvd. Sumeys] it gis POgy, Ween Beych ;FL Sae33 ij i c=—> Er o2 1° —-$ 006.800 free 0001768169 APR 04 2019 a oe 7017? Obb0 o600 3417 2408 = MAILED FROM ZIP CODE 32233 Gerald C. Healey, 2D, Fsq- ASs Bent Generel (ounse( OH Prestcction Services Ute 4Yo52 Bad Cy press Way P Brn C-65 Tallahasse FL 32399. 3265 ; SB2S5S-s2e5es Se ELLE TU LOSS TLTLERE ALES LEST

Docket for Case No: 21-000789PL