STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2007-36172 TERESA GONZALEZ, L.M.T., Respondent. “ADMINISTRATIVE COMPLAINT. eI EVE COMPLAINT | COMES NOW, Petitioner, Department of Health: (hereinafter , “Petitioner "\, by and through its undersigned counsel, and files. this Administrative Complaint before the Board of Massage Therapy against the "Respondent, Teresa Gonzalea, L.M.T. (hereinafter “Respondent”), and in . Support thereof alleges: _ . | | 1, Petitioner is the state department charged with regulating the practice of massage therapy pursuant to Section 20, 43, Florida Statutes: Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes, FA\PSU\Allied Health\Don Hyman\Massage Therapy\Gonzaiez\AC-Gonzalez doc . t Filed October 17, 2011 10:16 AM Division of Administrative Hearings ‘i , 6002 £ z 190 2, At all times material to this Complaint, Respondent was a licensed massage therapist within the state of Florida, being issued license. number 40430 on February 11, 2004. | . 3. Respondent's current address of record is 8321 NW 7 Street, # 301, Miami, Florida 33126, . 4. At all times material to this Complaint, Respondent was a Massage therapist at Westland South Medical Center (“Westland”). 5. Respondent treated patients J.P. M.R., and EP, at Westland, ~- along with a licensed chiropractor, ; 6. Upon completion of treatment of Patients J.P., M.R., and E.P,, Respondent maintained records of treatment of these patients, in “patient ; ’ therapy logs.” . 7, Respondent failed to include both objective and assessment information in the. patient therapy logs r egarding these patients. 8. These logs failed to adequately include the treatment for each - patient and how long each treatment lasted. 9. Respondent's treatment notes reflect CPT code 97530 reflecting “therapeutic activities". This code is normally used by physical therapists and occupational therapists. J:\PSU\Allied Health\Don Hyman\Massage Therapy\Gonzalez\AC-Gonzalez.doc : 2 10. Massage therapy is defined as “the manipulation of the soft . tissue of the human body”, Therapeutic activity is not a manipulation of Soft tissue, . | | | 11. When Respondent treated patients J.P, M.R., and E.P. with therapeutic activity, Respondent practiced outside the scope of a massage therapist. 12. When Respondent failed to ‘keep proper massage therapy records, Respondent failed to practice with that level of care, skill and treatment which is recognized by a feasonably prudent massage therapist as being acceptable under similar conditions. and circumstances. COUNT. ONE 13, Petitioner, realleges and incorporates Paragraphs one (1) through twelve (12), as if fully set forth herein. . 14. Section 480.046(1)(0), Florida Statutes (2007), ‘provides, - violating any provision of this chapter [480] o or chapter 456, or any rules adopted pursuant thereto; constitutes grounds for, disciplinary action by the Board of Massage Therapy, 1S. Sections 480.046(1)(i), and 456. 072(1)(o), Florida Statutes (2007), provide that practicing or offering to practice beyond the scope J:\PSU\Allied Health\Dor: Hyman\Massage Therapy\Gonzalez\AC-Gonzalez.doc . 3 } permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.is grounds for disciplinary action by the Board of Massage Therapy. . . . 16. As set forth above, the Respondent practiced beyond the scope permitted by law or accepted professional responsibilities which she knew she was not competent to perform when she treated patients LP., M.R., and E.P. with therapeutic activities, | 17, The Respondent is not a_ licensed physical therapist or occupational therapist within the State of Florida, and does not have a license or the necessary training to treat patients with therapeutic activities, 18.. Based on the foregoing, Respondent violated Sections 480.046(1)(0), 480.046(1)(i); and 456.072(1)(o) Florida Statutes (2006), COUNT TWO 19. Petitioner realleges and incorporates paragraphs one (1) through twelve (12), as if fully set forth herein. 20. Section 480. 046()(h), Florida Statutes (2007), provides, gross or repeated malpractice or the: failure to practice massage with that level J:\PSU\Allied Health\Don Hyman\Massage Therapy\Gonzalez\AC-Gonzalez;doc } of care, skill and treatment witch is recognized by a reasonably prudent massage therapist . as being acceptable under similar. conditions and circumstances is grounds for disciplinary action by the Board of Massage Therapy. | 21. As set forth above, when Respondent failed to keep proper massage therapy records, Respondent failed to practice massage with that level of care, skill and treatment which is recognized by a reasonably . prudent massage therapist as being acceptable under similar conditions and circumstances. , , 22. Based on. the foregoing, Respondent violated Section 480. 046(1)(h), Florida Statutes (2007). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing ¢ one or more of the following restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. J:\PSU\Allied Health\Don Hyman\Massage Therapy\Gonzalez\AC-Gonzalez.doc 5 } SIGNED this 25. dayof__OAphec_ , 2009, Ana M. Viamonte Ros, M.D., MPH State Surgeon General Don H¥man Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 — Florida Bar # 0270695. (850) 245-4640, Ext. 8143 (850) 245-4684 FAX PcP: /0/22/09 PCP Members: Havin é | Hacpras) DEPARTMENT OF HEALTH EPUTY CLE CLERKS WK pave_10/22104 J:\PSU\AHied Health\Don Hyman\Massage Therapy\Gonzalez\AC-Gonzalez.doc i ] TERESA GONZALEZ, LMT DOH CASE NUMBER 2007-36172 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and. subpoena duces tecum issued on his or her behalf if a hearing is requested, NOTICE REGARDING ASSESSMENT OF COSTS | 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 imposed. 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Docket for Case No: 11-005322PL