STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NO. 2012-11651 XIAO LING CHIN, L.M.T., RESPONDENT. ee | 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 Respondent, Xiao Ling Chin, L.M.T., and | in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of massage therapy pursuant to Section 20.43 and Chapters 456 and 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist (LMT) or an applicant to become licensed as a massage therapist within the state of Florida, having been issued license number MA 62002 on or about February 8, 2011. 3. Respondent's address of record is 6740 Yellowstone Boulevard, Forest Hills, New York 11375. 4. On or about September 12, 2012, Petitioner received a complaint that Respondent used fictitious documents from the Florida College of Natural Health (FCNH) — Pompano Beach Campus, in obtaining a Florida massage therapist license. 5. On or about December 22, 2010, Respondent submitted an application for a Florida massage therapist license and with her application she submitted fictitious documents in the Therapeutic Massage Training Program from FCNH. 6. Based upon the application and the fictitious documents submitted to the Department, Respondent was issued a license as a massage therapist. 7. The department was not aware at the time Respondent's license was issued that the documents submitted in support of Respondent's application were fictitious. 8. A former employee of FCNH issued Respondent the fictitious documents and Respondent used these fictitious documents to fraudulently obtain a Florida massage therapist license. 9. FCNH records reflect that Respondent never attended FCNH. COUNT I 10. Petitioner realleges paragraphs one (1) through nine (9), as if fully set forth herein. 11. Section 480.046(1)(0), Florida Statutes (2010), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. 12. Section 456.072(1)(h), Florida Statutes (2010), provides that 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 constitutes grounds for which disciplinary action may be taken. 13. Respondent obtained a massage therapy license on or about January 28, 2011, by fraudulent misrepresentation, or through an error of the Department when Respondent submitted fictitious documents to the Board of Massage Therapy with her application for licensure and was issued a license based upon these fictitious documents. 14. Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2010), and Section 456.072(1)(h), Florida Statutes (2010). COUNT II 15. Petitioner realleges paragraphs one (1) through nine (9) as if fully set forth herein. 16. Section 480.046(1)(0), . Florida Statutes (2010), subjects a massage therapist to discipline for violating any provision of Chapter 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 17. Section 456.072(1)(w), Florida Statutes (2010), 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. 18. Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2010), by for failing to comply with the requirements for profiling and credentialing by submitting a fraudulent transcript and fraudulent Certificates of Completion with her Application, in violation of Section 456.072(1)(w), Florida Statutes (2010). COUNT II 19. Petitioner realleges paragraphs one (1) through nine (9) as if fully set forth herein. 20. Section 480.046(1)(0), Florida Statutes (2010), subjects a licensee to discipline for violating any provision of Chapter 480 or Chapter 456, or any rules adopted pursuant thereto. 21. Pursuant to Section 480.041(1)(b), Florida Statutes (2010), 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. 22, 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. 23. Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2010), 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). 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 the Respondent on probation, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this _10" day of _January 2013. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE JAN 1 1 2008 PCP: January 10, 2013 PCP Members: Smallwood & Nixon John H. Armstrong, MD, FACS Surgeon General & Secretary Tari Rossitto-Van Winkle, R.N., J.B7 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0613908 (850) 245-4640 x. 8139 (850) 245-4684 FAX Xiao Ling Chin, L.M.T. Case No. 2012-11651 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.

Docket for Case No: 13-000776PL