_ STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF MASSAGE THERAPY 92 JAN 17 PH 12:35 DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: MA 1999-03584 DJURDSJINA GINA RADENKOVICH, L.M.T., A/K/A GINA R. GANT, L.M.T., RESPONDENT. ADMINISTRATIVE COMPLAINT. COMES NOW, the Petitioner, Department of Health (hereinafter sometimes referred to as “Petitioner”) and files this Administrative Complaint before the Board of Massage Therapy against DIURDJINA GINA RADENKOVICH, L.M.T., A/K/A GINA R. GANT, L.M.T., (hereinafter referred to as “Respondent”) and alleges the following: 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 456, Florida Statutes, (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 480, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes, the Department of Health 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. cs cape eres See mmersanpess nee 2. Respondent is and was at all times material hereto a licensed massage therapist in the State of Florida having been issued license number MA 0016902 by the Board of Massage Therapy. 3. Respondent’s last known address is 1460 Golden Gate Parkway, #102, Naples, Florida 34105. 4. Atall times material hereto, Respondent was employed at Complete Body Massage (““CBM”), a massage establishment located at 1460 Golden Gate Parkway, #102, Naples, Florida 34105. 5. Onor about May 6, 1999 Deputy Geoff Fahringer presented to Respondent at CBM fora complete one-half (1/2) hour body massage for a price equal to thirty-five and No/100s dollars ($35.00). 6. During the massage, Respondent removed the towel covering Deputy Fahringer’s genital area without first obtaining Deputy Fahringer’s specific informed | consent to being undraped. 7. During the massage, Respondent massaged Deputy Fahringer’s genital area and attempted to masturbate Deputy Fahringer by touching his testicles and penis. COUNTI 8. Petitioner repeats and realleges paragraphs one (1) through seven (7) above as if fully set forth herein. ) 9. Respondent violated Section 480.046(1)(k), Florida Statutes, by violating Rule 64B7-26.010(1), Florida Administrative Code, by engaging in sexual activity in a massage establishment. COUNT U 10. Petitioner repeats and realleges paragraphs one (1) through seven (7) above as if fully set forth herein. 11. Respondent violated Section 480.046(1)(k), Florida Statutes, by violating Section 480.0485, Florida Statutes, and Rule 64B7-26.010(3), Florida Administrative Code, by using the massage therapist-patient 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. COUNT It 12. Petitioner repeats and realleges paragraphs one (1) through seven (7) above as if fully set forth herein. oe 13. Respondent violated Section 480.046(1)(k), Florida Statutes, by violating Rule 64B7-30.001(5), Florida Administrative Code, by failing to appropriately drape Deputy Fahringer. WHEREFORE, Petitioner respectfully requests the Board of Massage Therapy to 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; assessment of costs of investigation and prosecution; and/or any other relief that the . Board of Massage Therapy deems appropriate. See menses se BpCe pm get mer rere” ‘stone tis_O_ ay of _( ty ai , 2001. Robert G. Brooks, M.D. F L D Secretary, Department of Health Tr pARTMENTOF HEAL DPA NS he CLERK Nancy M. Snurkowski, Chie? Attorney DATE vxve Agency for Health Care Administration COUNSEL FOR PETITIONER: Lori C. Desnick, Senior Attorney LCD Agency for Health Care Administration Practitioner Regulation-Legal 2727 Mahan Drive, Building 3, MS-39 Tallahassee, Florida 32308 Telephone: (850) 410-3465 Fax: (850) 414-1991 FBN 0129542 PCP: Cressor and Owen DATE: July 25,2001 » LCD:rab 07/27/01 coenprgepe cco

Docket for Case No: 02-000278PL