a el Received Event (Event Succeeded) 6) Y - / (22 7 Date: 5/6/2004 Time 2:36 PM P : : Sender: 13 Duration: 3 min 18 sec Fo hh Company: MMAY-G6-2004 14147 ATTY GEN OFC gsa-922-6425 po _ : 84713 RECEE STATE OF FLORIDA FEB 3, 2 2004 BOARD OF MASSAGE THERAPY ‘ DEPARTMENT OF HEALTH, apMnSTRATHS SS Petitioner, vs. Case No. MA 2003-20332 CARLOS AYALA, , Respondent. | oar DMINISTRATIVE COMPLAIN i COMES NOW Petitioner, Department of Health, (hereinafter *Petitioner’) by and through its undersigned attorneys and files its Administrative Complaint against S AYALA, (hereinafter “Respondent” and alleges: NATURE OF THE ACTION 4. This is an action to impose administrative penalties and assess costs Respondent, CARLO related to the investigation and prosecution of the allegations against Respondent 2. and 480.046(1)(o) and 480.0465, Florida Statutes. JURISDICTION AND VENUE Cbs pods Sections 120.569 and 120.57, pursuant to Sections 456.07 2. This tribunal has jurisdiction pursuant to Florida Statutes. 3. Venue shall be determined pursuant to Rule 28-106.207, Florida me Administrative Code. - a emmentll Received Event (Event Succeeded) Date: 5/6/2004 Time: 2:36 PM Pages: 4 Sender 3 Duration: 3 min 18 sec ow Number Company: . mayY-a6-20a4 14:47 Suuhiant: ATTY GEN OFC 850-922-6425 P.a@5713 PARTIES 4. Effective July 1, 4997, Petitioner is the state agency charged with regulating a : the practice of massage therapy pursuant to Section 20.43, Florida Statutes, and ) Chapters 456° and 480, Florida Statutes. 5. At all times material hereto Respondent has been licensed as a massage therapy, having been issued license number MA 33194 on May 2, 2001. 6. Respondent's last known address is 4989 Capital Circle NE, Tallahassee, Florida 32808. COUNT1 7. On August 6, 2003, Investigator Rhonda Meyer conducted a routine inspection of Respondent's massage establishment, which is known as Ayala International. , Cos 8. During her inspection, Investigator Meyer acquired one of Respondent's business cards advertising massage. services under Respondent's name, but did not contain Respondent's massage therapist license number. 9. Section 480,046(1)(0) of the Florida Statutes provides that the “following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.72(2): Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.” §480.046(1)(0), Fla. Stat. 40. Additionally, Section 480.0465 of the Florida Statdfes provides that *felach massage therapist or massage establishment licensed under the provisions of this act __ Received Event (Event Succeeded) Date: §/6/2004 Time: 2:36 PM Bean, ; 13 Duration: 3 min 18 sec en jer: ‘ Company: Fav timber og . Suhiact- 4 14:48 ATTY GEN OFC 858-922-6425 shall include the number of the license in any advertisement of massage services appearing in any newspaper, airwave transmission, telephone directory, or other advertising medium.” §480.0465, Fla. Stat. 41. Respondent violated Sections 480.046(1)(0) and 480.0465 of the Florida Statutes by failing to include his massage therapist license number in an advertisement; therefore, Respondent's license is subject to discipline by this Board. COUNT II 42. Petitioner re-asserts and incorporates by reference paragraphs one (4) through eleven (11). P.@6713 43. Also during the August 6, 2003, inspection, investigator Myers found a bottle «: of expired lidocaine. 14. Investigator Myers questioned Respondent about the bottle of lidocaine and Respondent told her that he uses the lidocaine to inject into a patient's hemorrhoids before doing colonic irrigation. . 45. Section 480.046(1)(i) of the Florida Statutes provides that the “following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform.” §480.046(1)(i), Fia. Stat. 46. Respondent violated Section 480.046(1)(i) of the Florida Statutes by practicing beyond the scope of his massage therapist license as permitted by law by injecting patients with lidocaine before performing colonic irrigation; therefore, Respondent's license is subject to discipline by this Board. 3 Received Event (Event Succeeded) Date: §/6/2004 Pages: 13 Time: 2:36 PM Sender: Duration: 3 min 18 sec Fow Number: Company: . MAY-@6-2084 14:48 Suthinnt- ATTY GEN OFC 858-922-6425 P.87713 . a CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BOARD OF MASSAGE THERAPY to enter an order imposing one or more of the following penalties pursuant to Section 456.072, Florida Statutes and Rule 64B7-30,002, Florida Administrative Code: a. Revocation or suspension of Respondent's license, b. Restriction of Respondent's practice, c. An administrative fine; d. Areprimand; e, Probation; and/or. f. Any other penalty the Board deems appropriate. Dated this Y say of _Fabesvacy 2004. Respectfully submitted, : CHARLES J. CRIST, JR. Fi LED Attomey General DEPARTMENT OF HEALTH ~ DEPUTY GLERK . oy ot SL crerkho a. Colman Lice Ge Mi Stable pare___ aio o4_ Assistant Attorney General Department of Legal. Affairs PL-01 The Capitol Tallahassee, Florida 32399-1050 (850) 414-3300 a“ PCP: Harrison and Owens DATE: January 28, 2004 Received Event (Event Succeeded) Received Event (EventSucceeded) Date: 5/6/2004 Time: 2:36 PM P. : Booger: 13 Duration: 3 min 18 sec : Company: Fav Number: Guhiact MAY-@6-2804 14:48 ATTY GEN OFC 858-922-6425 P.@8/713 OTICE OF HEARING RIGHTS ND ASSESSMENT OF COSTS RESPONDENT !S HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO BRIAN STABLEY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL. AFFAIRS, PL-01 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050. ; RESPONDENT IS PLACED ON NOTICE THAT PETITIONER HAS INCURRED COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF THIS MATTER. PURSUANT TO SECTION 456.072(4), FLORIDA STATUTES, THE BOARD SHALL ASSESS COSTS RELATED TO THE INVESTIGATION AND PROSECUTION OF A DISCIPLINARY MATTER, WHICH MAY INCLUDE ATTORNEY HOURS AND COSTS,ON THE RESPONDENT IN ADDITION TO ANY OTHER DISCIPLINE IMPOSEO CERTIF E OF SERV | HEREBY CERTIFY that a true and correct copy has been served by certified mail this yh day of Le brtasarrg , 2004 to : CARLOS AYALA, 1989 Capital Circle NE, Tallahassee, Florida 32808. fitcan 4 . Brian J. Stabley Zz Assistant Attorney General

Docket for Case No: 04-001659PL