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DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs YUEHUI NI, L.M.T., 12-003884PL (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003884PL Visitors: 11
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: YUEHUI NI, L.M.T.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Dec. 03, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 7, 2013.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2012-13354 Yuehui Ni, L.M.T., | RESPONDENT. SS ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against the Respondent, Yuehui Ni, L.M.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of massage therapy pursuant to Section 20.43, Florida Statutes (2012), and Chapters 456 and 480, Florida Statutes (2012). 2. At all times material to this Complaint, Respondent was licensed as a massage therapist in the State of Florida, having been issued license number MA 56187. 3. Respondent’s address of record is 1300 Southeast 17" Street, Suite D, Ft. Lauderdale, Florida. iled December 3, 2012 3:21 PM Division of Administrative Hearings 4. On or about April 20, 2009, Respondent submitted a State of Florida Application for Licensure as a massage therapist C Application”) to the Florida Department of Health Board of Massage Therapy (“Florida Board”). 5. Onher Application, Respondent indicated that she attended Royal Irvin College. 6. Respondent also indicated on her Application that Royal Irvin College is not a Florida Board Approved School. 7. Respondent's Application further reveals that Respondent did not attend an apprenticeship program. 8. Pursuant to Section 480.041(1)(b), Florida Statutes (2009), in order to qualify for licensure as a massage therapist in the State of Florida pursuant to Chapter 480, Florida Statutes, a person must complete a course of study at a board-approved massage school or complete an apprenticeship program that meets the standards adopted by the board. 9. Submitted to the Florida Board with Respondent's Application was a transcript from Florida College of Natural Health (‘FCNH’). 10. The FCNH transcript represents that Respondent earned five hundred credit hours in the FCNH Therapeutic Massage Training Program (Transfer of Licensure). Page 2 of 8 11. The FCNH transcript indicates that Respondent started the FCNH Therapeutic Massage Training Program (Transfer of Licensure) on April 15, 2009, and completed the program on April 17, 2009. 12. Respondent also submitted, with her Application, a FCNH Certificate of Completion of fifteen hours of Therapeutic Massage Training Program (Transfer of Licensure) dated April 17, 2009. 13. Also submitted with Respondent's Application was a FCNH Certificate of Completion of two hours of Prevention of Medical Errors dated April 17, 2009. 14. On or about July 19, 2012, the Vice President of Compliance and Institutional Effectiveness for FCNH (“V.P.”) certified that the FCNH transcript Respondent submitted with her Application is fraudulent. 15. Onor about July 19, 2012, the V.P. also certified that Respondent did not complete the courses identified in the certificates Respondent submitted with her Application. 16. Having not completed courses at, or obtained certificates of completion from, a Florida Board approved school, as required by Section 480.041(1)(b), Florida Statutes (2009), Respondent is not qualified to be licensed, or to practice, as a massage therapist in the State of Florida. Page 3 of 8 COUNT ONE 17. Petitioner realleges paragraphs 1 through 16, as if fully set forth herein. 18. Section 480.046(1)(0), Florida Statutes (2009), subjects a massage therapist to discipline for violating any provision of Chapter 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 19. Section 456.072(1)(h), Florida Statutes (2009), subjects a massage therapist to discipline for attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board. 20. Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2009), Florida Statutes (2009), by obtaining her license to practice massage therapy in the State of Florida through error of the Department of Health or through fraudulent misrepresentation by submitting a fraudulent transcript and fraudulent Certificates of Completion with her Application, in violation of Section 456.072(1)(h), Florida Statutes (2009). COUNT TWO 21. Petitioner realleges paragraphs 1 through 16, as if fully set forth herein. Page 4 of 8 22, Section 480.046(1)(0), Florida Statutes (2009), subjects a massage therapist to discipline for violating any provision of Chapter 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 23. Section 456.072(1)(w), Florida Statutes (2009), subjects a massage therapist to discipline for failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application. 24, Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2009), Florida Statutes (2009), by obtaining her license to practice massage therapy in the State of Florida through error of the Department of Health or through fraudulent misrepresentation by submitting a fraudulent transcript and fraudulent Certificates of Completion with her Application, in violation of Section 456.072(1)(w), Florida Statutes (2009). COUNT THREE 27. Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through twelve (12) as if fully set forth herein. Page 5 of 8 28. Section 480.046(1)(0), Florida Statutes (2010-2011), subjects a licensee to discipline for violating any provision of Chapter 480 or Chapter 456, or any rules adopted pursuant thereto. 29. Pursuant to Section 480.041(1)(b), Florida Statutes (2010-2011), in order to qualify for licensure as a massage therapist in the State of Florida, a person must complete a course of study at a Florida Board-approved massage school or complete an apprenticeship program that meets the standards adopted by the Florida Board. 30. Respondent is not qualified to hold a license as a massage therapist because she failed to complete a course of study at a Florida Board- approved massage school and failed to complete an apprenticeship program that meets the standards adopted by the Florida Board. 31. Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2010-2011), by obtaining a license as a massage therapist without completing a course of study at a Florida Board- approved massage school or an apprenticeship program that meets the standards adopted by the Florida Board, in violation of Section 480.041(1)(b), Florida Statutes (2010-2011). WHEREFORE, Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following Page 6 of 8 penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, and/or any other relief that the Board of Massage Therapy deems appropriate. SIGNED this Os day of (ch) bev, 2012. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE 10/9/2012 John H. Armstrong, MD State Surgeon General and oe of Health Martin M. Randall Assistant General Counsel Florida Bar No. 0659940 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (P) 850-245-4640 (F) 850-245-4662 (E) martin_randall@doh.state.fl.us PCP Date: October 8, 2012 PCP Members: Lorena Haynes, and Joy Buckley Page 7 of 8 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 Respondent in addition to any other discipline imposed. Page 8 of 8

Docket for Case No: 12-003884PL
Issue Date Proceedings
May 10, 2013 Transmittal letter from Claudia Llado returning Petitioner's Proposed Exhibits numbered 1-2.
May 07, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 06, 2013 Agreed Motion to Relinquish Jurisdiction filed.
May 06, 2013 Notice of Withdrawal of Fraud Allegations filed.
May 02, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
May 02, 2013 Notice of Filing Petitioner's Proposed Exhibits filed.
May 01, 2013 Joint Pre-hearing Stipulation filed.
Mar. 18, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 8, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Mar. 14, 2013 Petitioner's Response to Respondent's Motion to Continue ALJ Hearing filed.
Mar. 14, 2013 Motion to Continue ALJ Hearing (Corrected) filed.
Mar. 14, 2013 Motion to Continue ALJ Hearing filed.
Feb. 15, 2013 Order Denying Motion to Consolidate Related Cases.
Jan. 22, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 26, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Jan. 18, 2013 Amended Notice of Taking Deposition (of Yuehui Ni) filed.
Jan. 17, 2013 Unopposed Motion to Continue ALJ Hearing filed.
Jan. 17, 2013 Notice of Taking Depostition (of Yuehui Ni) filed.
Jan. 03, 2013 Order of Pre-hearing Instructions.
Jan. 03, 2013 Notice of Hearing (hearing set for January 28, 2013; 9:00 a.m.; Fort Lauderdale, FL).
Dec. 11, 2012 Notice of Serving Petitoner's First Request for Admissions, Interrogatories and Request for Production of Documents filed.
Dec. 10, 2012 Joint Response to the Initial Order filed.
Dec. 04, 2012 Initial Order.
Dec. 03, 2012 Amended Hearing Demand and Answer to Administrative Complaint filed.
Dec. 03, 2012 Agency referral filed.
Dec. 03, 2012 Election of Rights filed.
Dec. 03, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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