STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 99-01666 Brett O Meyer, RESPONDENT. / ee 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 BRETT O MEYER, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of massage therapy 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 a Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and at all times material hereto, 4 duly licensed massage therapist, having been issued license number MA 0017378. 3. Respondent's last known address is 1708 NE 20" Avenue, Ft. Lauderdale, Florida 33483. ewer COT RISE 4. Between November 1998 and January 1999 inclusive Respondent treated patient K.S. at an establishment located at 1600 South Federal Highway Pompano Beach Florida, pursuant to a Doctor’s prescription for the patient. 5. - During one or more of the visits for treatment Respondent and the patient engaged in sexual activity, including oral sex. COUNT] 6. Petitioner realleges and incorporates by reference the allegations of paragraphs 1-5 as if fully stated herein. 7. Based on the foregoing Respondent has violated Section 480.046 (1) (k) Florida Statutes and violated Section 480.0485 Florida Statutes by engaging in prohibited sexual misconduct in the practice of massage therapy. COUNT II ves ss 8. Petitioner realleges and incorporates by reference the foregoing allegations of paragraphs 1-5 asif fully stated herein. 9. Based on the foregoing Respondent has violated Section 480.046 (1) (kK) Florida Statutes by violating Section 64B7-26.010 (1) (3) (4) Florida Administrative Code by engaging in prohibited sexual activity and by using the therapist patient relationship to engage in sexual activity. : 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 ofa reprimand, placement of the Respondent on probation, i wep wee en assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. ; SIGNED his they of _MPeralar_. 1999. Robert G: Brooks, M.D. ; Secretary, Department pf Health ancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: LEG Gary L. Asbell, Senior Attorney ™ Florida Bar Number 0853615 FILED _ Agency for Health Care Administration MeN f HEALTH Petitioner Regulation - Legal EPAR LER! . P.0.Box 14229 — veengerey 9. Tallahassee, FL 32317-4229 cLeRK = (850) 410-3469 "a [s/t — DATE. GLA/ffm 99 PCP: /0-27- Morrison and Rostlle DATE:

Docket for Case No: 02-000281PL