COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against Respondent, Bai Mei Wu, L.M.T., and in support thereof alleges:
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.
Respondent's address of record is 121 South State Road 7, Plantation, Florida 33317.
On or about December 17, 2007, Respondent submitted a State of Florida Application for Licensure as a massage therapist to the Florida Department of Health, Board of Massage Therapy (''Florida Board").
Filed December 6, 2012 11:01 AM Division of Administrative Hearings
On her Application for Licensure, Respondent indicated that she attended Royal Irvin College.
Respondent also indicated on her Application, that Royal Irvin College is not a Florida Board-approved School.
Respondent's Application further reveals that Respondent did not attend an apprenticeship program.
Submitted to the Florida Board with Respondent's Application for Licensure was a transcript from Florida College of Natural Health, a Florida Board-approved massage school, representing that Respondent earned five hundred credit hours in the Florida College of Natural Health Therapeutic Massage Training Program (Transfer of Licensure).
The transcript indicates that Respondent started the program on December 13, 2007, and completed the program on December 13, 2007.
Respondent also submitted, with her Application for Licensure, a Florida College of Natural Health Certificate of Completion of twelve hours of Therapeutic Massage Training Program (Transfer of Licensure) dated December 13, 2007.
2
DOH V. Bai Mei Wu, LMT
DOH Case Number 2012-13891
Also submitted with Respondent's Application for Licensure was a Florida College of Natural Health Certificate of Completion of two hours of Prevention of Medical Errors dated December 13, 2007.
On or about December 24, 2007, the Florida Board approved Respondent's Application for Licensure as a massage therapist and issued Respondent license number MA 52226.
On or about July 19, 2012, the Vice President of Compliance and Institutional Effectiveness for Florida College of Natural Health (''V.P.") certified that the Florida College of Natural Health transcript Respondent submitted with her Application for Licensure is fraudulent.
On or 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 for licensure.
COUNT ONE
Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through thirteen (13) as if fully set forth herein.
Section 456.072(1)(h), Florida Statutes (2007), subjects a
licensee to discipline for attempting to obtain, obtaining, or renewing a
DOH v. Bai Mei Wu, LMT 3
license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.
Respondent obtained her license to practice massage therapy through error of the Department or by fraudulent misrepresentation by submitting a fraudulent transcript and fraudulent Certificates of Completion with her Application for Licensure as a massage therapist in the State of Florida.
Based on the foregoing, Respondent violated Section 456.072(1)(h), Florida Statutes (2007), by obtaining a license as a massage therapist through error of the Department or by fraudulent misrepresentation.
COUNT TWO
Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through thirteen (13) as if fully set forth herein.
Section 456.072(1)(w), Florida Statutes (2007), subjects a licensee 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.
Respondent made misleading, untrue, deceptive, or fraudulent representations by submitting a fraudulent transcript and fraudulent Certificates of Completion with her Application for Licensure as a massage therapist in the State of Florida.
Based on the foregoing, Respondent violated Section 456.072(1)(w), Florida Statutes (2007), by making misleading, untrue, deceptive or fraudulent representations on her initial licensure application.
COUNT THREE
Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through thirteen (13) as if fully set forth herein.
Section 480.046(1)(0), Florida Statutes (2007), subjects a licensee to discipline for violating any provision of Chapter 480 or Chapter 456, or any rules adopted pursuant thereto.
Pursuant to Section 480.041(1)(b), Florida Statutes (2007), 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.
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.
Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2007), 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 (2007).
