Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: WEI BING TANG, L.M.T.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Dec. 21, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 29, 2013.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO.: 2012-13770
WEI BING TANG, L.M.T.
RESPONDENT. /
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health (“Petitioner” or “Department”, files
this Administrative Complaint against the Respondent, WEI BING TANG,
L.M.T. (“Respondent”), and states:
1. Petitioner is the state agency charged with regulating the
practice of massage therapy, pursuant to Chapters 20, 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 59811.
3. Respondent's address of record is 7060 Taft Street, Hollywood,
Florida 33024.
‘iled December 21, 2012 11:50 AM Division of Administrative Hearings
4. On or about October 14, 2009, Respondent submitted a State of
Florida Application for Licensure as a massage therapist (“Application”) to
the Florida Department of Health Board of Massage Therapy (“Florida
Board”).
5. On her Application, Respondent indicated that she attended East-
West Institute of Hand Therapy and Oriental Medicine Institute in America.
6. Respondent did not indicate on her Application that either East-
West Institute of Hand Therapy or Oriental Medicine Institute in America
are Florida Board Approved Schools.
7. Respondent indicated that she attended an apprenticeship
program at Oriental Medicine Institute in America.
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).
11. The FCNH transcript indicates that Respondent started the FCNH
Therapeutic Massage Training Program (Transfer of Licensure) on May 20,
2010, and completed the program on May 21, 2010.
12. Respondent also submitted, with her Application, a FCNH
Certificate of Completion of fifteen hours of Therapeutic Massage Training
Program (Transfer of Licensure) dated May 21, 2010.
13. Also submitted with Respondent's Application was a FCNH
Certificate of Completion of two hours of Prevention of Medical Errors
dated May 21, 2010.
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. 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.
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.
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. Respondent violated Section 456.072(1)(h), Florida Statutes
(2009), by obtaining her license to practice massage therapy in the State of
Florida through error of the Department of Health or by fraudulent
misrepresentation by submitting a fraudulent transcript and fraudulent
Certificates of Completion with her Application.
21. Based on the foregoing, Respondent has violated Section
480.046(1)(0), Florida Statutes (2009), by violating Section 456.072(1)(h),
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.
COUNT TWO
22. Petitioner realleges paragraphs 1 through 16, as if fully set forth
herein.
23. 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.
24. 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.
25. Respondent violated Section 456.072(1)(w), Florida Statutes
(2009), by submitting a fraudulent transcript and fraudulent Certificates of
Completion with her Application.
26. Based on the foregoing, Respondent has violated Section
480.046(1)(0), Florida Statutes (2009), by violating Section 456.072(1)(w),
Florida Statutes (2009), by for failing to comply with the requirements for
profiling and credentialing.
COUNT THREE
27. Petitioner realleges and incorporates by reference the
allegations in paragraphs 1 through 16 as if fully set forth herein.
28. Section 480.046(1)(0), Florida Statutes (2009), 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 (2009), 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 (2009), 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 (2009).
WHEREFORE, Petitioner respectfully requests that the Board of
Massage Therapy enter an order imposing one or more of the following
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 lox day of _(7U0per"_, 2012.
John H. Armstrong, MD
State Surgeon General and Secretary of Health
UEC A, I
ndace A. Rochester
Assistant General Counsel
DEPARTWENT OF HEALTH Florida Bar No. 0078393
. andata Barton DOH Prosecution Services Unit
Ce 10/7/2012 4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
(p) 850-245-4640
(f) 850-245-4662
CandaceRochester@doh.state.fl.us
PCP Date: October 15, 2012
PCP Members: Karen Harrison, Lydia Nixon
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.
Docket for Case No: 12-004130PL
Issue Date |
Proceedings |
May 01, 2013 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-2, to the agency.
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Apr. 29, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Apr. 26, 2013 |
Agreed Motion to Relinquish Jurisdiction filed.
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Apr. 26, 2013 |
Amended Notice of Withdrawal filed.
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Apr. 25, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Apr. 25, 2013 |
Notice of Withdrawal of Count Two filed.
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Apr. 25, 2013 |
Notice of Filing Petitioner's Proposed Exhibits filed.
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Apr. 23, 2013 |
Joint Pre-hearing Stipulation filed.
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Mar. 15, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 30, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
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Mar. 14, 2013 |
Petitioner's Response to Respondent's Motion to Continue ALJ Hearing filed.
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Mar. 13, 2013 |
Motion for Continuance filed.
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Mar. 08, 2013 |
Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of M. Wade) filed.
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Feb. 15, 2013 |
Order Denying Motion to Consolidate Related Cases.
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Jan. 22, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 22, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
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Jan. 17, 2013 |
Unopposed Motion to Continue ALJ Hearing filed.
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Jan. 03, 2013 |
Order of Pre-hearing Instructions.
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Jan. 03, 2013 |
Notice of Hearing by Video Teleconference (hearing set for January 29, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Dec. 21, 2012 |
Joint Response to the Initial Order filed.
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Dec. 21, 2012 |
Initial Order.
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Dec. 21, 2012 |
Election of Rights filed.
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Dec. 21, 2012 |
Agency referral filed.
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Dec. 21, 2012 |
Hearing Demand and Answer to Administrative Complaint filed.
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Dec. 21, 2012 |
Administrative Complaint filed.
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