VY U Rye: PR ae ay 0D STATE OF FLORIDA 00 _ DEPARTMENT OF HEALTH JAN 28° PM 3:43 BOARD OF MASSAGE THERAPY gaye - . ADM? re 2fs uy HEARINGS 7 DEPARTMENT OF HEALTH, PETITIONER, oo £9/ CASE NUMBER: 99-01345 Vs. SWISS WELLNESS SPA, INC. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the a of Massage Therapy against SWISS WELLNESS SPA, INC., hereinafter referr “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency regulating the 455, Florida Statutes; and Chapter 480, Florida St Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted) Health Care Administration, hereinafter “Agency,” to investigative, and Assurance, councils, or boards, as appropriate. d to as charged with practice of massage pursuant to Section 20.43, Florida Statutes; Chapter atutes. Pursuant to the authority of ° with the Agency for provide consumer complaint, prosecutorial services required by the Division of Medical Quality 2. Respondent is, at all times material hereto a duly licensed massage establishment, having been issued license number MM 8944. i i i | U ww) 3. Respondent’s last known address is 3121 West Hallandale Beach Blvd., Suite 114, Pembroke Park, Florida 33009. 4. On or about January 30, 1999 an employee of the Respondent massaged the penis of an undercover detective. 5. On or about February 16, 1999 an investigation led to arrest for prostitution at the Respondent establishment. 6. Respondent owner acknowledged the nature of the police activity at her establishment. 7. Respondent stated that it was difficult to monitor all activities at her establishment. 8. Respondent failed to prevent occurrences of sexual activity at her establishment. 9. Respondent advertised and operated under the name “Heavens Dream” a name not assigned to Respondent’s license number. 10. The “Heavens Dream” ad was deceptive because it was a “come on” for prostitution activity and did not contain the proper name or establishment license number. COUNT I 11. Petitioner repeats and re-alleges paragraphs 1 --10 above. 12. Based on the foregoing, Respondent permitted sexual activities to occur and is subject to discipline for violating Sections 480.0485; 480.04 6 (1)(k) Florida Statutes, which prohibits sexual misconduct in the practice of a massage therapy. COUNT II 13. Petitioner repeats and realleges paragraphs 1-10 above. U UO. . 14. Based on the foregoing, Respondent is guilty of violating Section 480.046 (1) (k) Florida Statutes by violating Section 480.047 (1)(b) Florida Statutes by operating a massage establishment unless it has been duly licensed. COUNT III 15. Petitioner repeats and realleges paragraphs 1 —10 above. 16. Based on the foregoing, Respondent has violated. Section 480.046 (1)(d) Florida Statutes by engaging in false, deceptive or misleading advertising. WHEREFORE, Petitioner respectfully requests the Board of Massage Therapy enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the me on probation, assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. SIGNED ais rdy of ( \ fg her , 1999. Chief Attorney ' Agency for Health Care Administration | GY Le couNsEL FOR PETITIONER: DEPARTMENT OF HEALTH Gary L. Asbell, Senior Attorney EPUTY CLERK - : Agency for Health Care Administration CLERK phemae 9, rr Practitioner Regulation - Legal a™-¥ - ; P.O. Box 14229 p 4-2E-99 pate__/O" | Tallahassee, FL 32317-4229 P° ; (850) 414-1981 Hareisen and Gran GLA/rmj

Docket for Case No: 00-000491