DS oh NJ SO o 8 STATE OF FLORIDA z= DEPARTMENT OF HEALTH m BOARD OF MASSAGE THERAPY A 2 = 2 DEPARTMENT OF HEALTH, P By nm 22 PETITIONER, vs. CASE NUMBER: 99-60929 3 Bee MARY JO SULLIVAN, LMT xs = RESPONDENT, - 2 / TORS rey uw 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 MARY JO SULLIVAN, LMT, 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 456, Florida Statutes (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), 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, at all times material hereto a duly licensed massage therapist, having been issued license number MM 0017120. oS C u o LNaWLavdsg *WaAgoS HW 3. , Respondent’s last known address is 2110 NE 397 Street-A Six, Ft. Lauderdale, FL, 33308. 4, On or about September 28, 1999, Respondent disseminated an advertisement for massage services in Florida by means of an internet website. 5. The internet advertisement did not contain Respondent’s name as listed on her massage therapist license, but rather a fictitious name “Miss Mare”. 6. _The internet advertisement was misleading, deceptive or false because it advertised massage services but provided a fictitious name not associated with Respondent’s massage therapist licensure. 7. The internet advertisement was false, deceptive or misleading because it was a “come on” for prostitution activity. 8. The internet advertisement was false, deceptive or misleading because it wrongfully conveyed the message that the Respondent could legally charge a fee for services and perform service that are and were prohibited by Rule 64b7-26.010(1)(2)(3), Florida Administrative Code, including stroking and massaging the whole body, because services advertised were either intended to cause erotic stimulation or likely to cause erotic stimulation or likely to cause erotic stimulation of Respondent and/or client or customer responding to the internet ad to obtain Respondent’s services. _ COUNTI 6. Petitioner repeats and realleges paragraphs 1-5 7. Based on the foregoing, by failing to publish her name as it appears on her license, Respondent has violated Section 480.046(1)(k), Florida Statutes, by violating Rule 64B7-33.001(1), Florida Administrative Code. oe COUNT II 8. Petitioner repeats and realleges paragraphs 1-5 9. Based on the foregoing, by failing to include her license number in an advertisement for massage services, Respondent has violated Section 480.046(1)(k), Florida Statutes, by violating Section 480.0465, Florida Statutes, COUNT III 10. _ Petitioner repeats and realleges paragraphs 1-5. 11. Based on the foregoing, by engaging in deceptive and misleading advertisement, Respondent has violated Section 480.046(1)(d), Florida Statutes, and Section 455.624(1)(a)(m), Florida Statutes (currently 456.072(a)(m), Florida Statutes). COUNT IV | 12. Petitioner repeats and realleges paragraphs 1-8. 13. The internet advertisement offered massage services that indicated a purchaser of the services would be “teased and tantalized” throughout the massage, this is a violation of Section 480.0485, Florida Statutes, 480.046(1)(4), Florida Statutes, and 455.624(1)(0), Florida Statutes(currently 456.072(1)(0), 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, Se ee tae ae ae ae eee er assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. SIGNED this XW aay of | at j hh 2001. Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurko Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Rudolph C. Campbell, Senior Attorney ac DEPARTMENT OF H; Agency for Health Care Administration ; DEPUTY CLERK Practitioner Regulation - Legal CLERK Vehi Re Feo 2727 Mahan Drive, Bldg. #3, MS-39 : - Tallahassee, FL 32308 pate__.3 o7 FBN 0159824 E (850) 410-3465 : PCP: Cressor & Owen Date: 1/5/2001 ld ies lh a ae ee) PET er

Docket for Case No: 02-000279PL