STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, vs. , CASE NUMBER: 99-61904 JAMES WHITED, JR., O1-O3al PU RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Massage Therapy against JAMES WHITED, JR., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of massage pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 480, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is a duly licensed massage therapist, having been issued license number MA 29917. 3. Respondent’s last known address is 3609 Post St., Jacksonville, FL 32202. EXHIBIT A tabbies* 4. On or about March 16, 1993, Respondent was charged with violating section ; 784.07 Florida Statutes, a battery. 5. On or about July 6, 1993, Respondent pled no contest (case no: 93-435MM02) in ‘and for Nassau County, FL., and the disposition of the case was adjudication withheld. 6. On or about August 12, 1999, Respondent checked “no” to question 6A on his massage therapy application when asked if he ever pled no contest to a crime, misdemeanor or felony, “even if adjudication was withheld.” By checking no on his massage therapy application, Respondent has violated Section 480.046(1)(a), Florida Statutes. : 7. On or about August 12, 1999, Respondent submitted to the Department of Health and the Board of Massage Therapy his massage therapy application. On or about September 3, 1999, the Department of Health received Respondent’s application. 8. Respondent has supplied incorrect information on his massage therapy application and the Board relied on the accuracy of this information in his application to give him a license, thereby violating Section 455.624(1)(h), by error of the Board. 9. Respondent has procured a license through an error of the Board. 10. Respondent has attempted to procure a license from the Board, by knowingly giving false information in the course of applying for a license from the Board. COUNTI 11. Petitioner repeats and re-alleges paragraphs 1 —10 above. 12. Based on the foregoing, Respondent has violated section 480.046(1)(a), Florida Statutes, by attempting to procure a license to practice massage by fraudulent misrepresentation. EXHIBIT i A. 3 COUNT II 13. Petitioner repeats and re-alleges paragraphs 1-10 above. 14. Based on the foregoing, Respondent has violated section 480.047(1)(f), Florida Statutes, by giving false evidence on his massage therapy application, thereby violating section 480.046(1)(k), Florida Statutes. COUNT III 15. Petitioner repeats and re-alleges paragraphs 1-10 above. 16. Based on the foregoing, Respondent has violated Section 455.631, Florida Statutes, by attempting to obtain a license from the Board by knowingly giving false information in the course of applying for a license from the Board, thereby violating section 455.624(1)(q), Florida Statutes. COUNT IV 17, Petitioner repeats and re-alleges paragraph 1-10 above 18. Based on the foregoing, Respondent has violated Section 455.624(1)(h), Florida Statutes, by attempting to obtain a license by fraudulent misrepresentation, or through an error of the Board, thereby violation Section 455.624(1)(q), Florida Statutes. 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 Respondent on probation, tabbies” EXHIBIT assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. SIGNED this DIO day of NAL, , 2000. Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration ; : FILED DEPARTMENT OF HEALTH COUNSEL FOR PETITIONER: DEPUTY CLERK Rudolph C. Campbell, Senior Attorney gr LER ero Agency for Health Care Administration G-/Y. Practitioner Regulation- Legal 3 pre 24-60 DATE__Co-/ 1-2 2727 Mahan Drive, Bldg. #3 vsser antl . Tallahassee, FL 32317-4229 CSS Kost (850) 410-3465 . RCC/ffm PEP F268 ; Roselle ard Sal, EXHIBIT i_A

Docket for Case No: 01-000321PL

Orders for Case No: 01-000321PL