STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vs. PHILIP MICHAEL HILLMER, CASENO.: 98-00801 Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Massage Therapy against PHILIP MICHAEL HILLMER, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of physical therapy pursuant to Section 20.43, Florida Statutes (1997); Chapter 455, Florida Statutes; and Chapter 480, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes (1997), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a licensed massage therapist, having been issued license number MA0016334. 4. Respondent’s last known address is 15482 Copra Lane, Fort Myers, Florida 33908. 5. _At all times material hereto, Respondent owned and operated a massage establishment known as Superior Muscular Skeletal Therapy (“Superior”), 17264 San Carlos Blvd., #309, Fort Myers Beach, Florida 33391. 6. Superior is a licensed massage establishment, having been issued permit number MM0005594 on January 26, 1995. 7. In or about January 1997, Respondent performed massage therapy on a client at Superior. 8. At that time and place, Respondent engaged the client in sexual activity at Superior. 9. On or about March 3, 1997, Respondent performed massage therapy ona client at Superior. 10. At that time and place, Respondent engaged the client in sexual activity at Superior. 11, On or about October 28, 1997, Respondent pleaded nolo contendere to one count of misdemeanor battery for the sexual acts committed at Superior on or about March 3, 1997. 12. On or about December 11, 1997, Respondent performed massage therapy on a client at Superior. 13. At that time and place, Respondent engaged the client in sexual activity at Superior. a] - WHEREFORE, Petitioner respectfully requests the Board of Massage enter an Order imposing one or more of the following penalties: imposition of an administrative fine not to exceed $1,000, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED iD cay of Ylovwors , 1998) Robert G. Brooks, M.D. Secretary, Department of Health By: Nancy M. st COUNSEL FOR AGENCY: Susan B. Bodell gfdld Senior Attorney Florida Bar Number 0987859 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-9697 SBB\jeg PCP; Rose//0 4 CYESSok. YeIY Chief Attorney On Behalf of the Agency for Health Care Administration FILED DEPARTMENT OF HEALTH QEPUTY CLERK CLEAK fe Ria Q, enw DATE - $5

Docket for Case No: 01-000591PL