Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: SHAO HUA YIN, L.M.T.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Apr. 01, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 14, 2013.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2012-14008
SHAO HUA YIN, L.M.T.,
RESPONDENT.
/
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, Shao Hua Yin, 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 62232.
3. Respondent’s address of record is 150-10 71% Avenue,
Apartment 61, Flushing, New York 11367.
4. On or about November 12, 2010, 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
Healing Hands Institute, where she completed 600 hours of massage
therapy training on December 1, 2009.
6. Healing Hands Institute 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 (2010), 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 following Respondent's
Application was a transcript from Florida College of Natural Health
(“FCNH’).
Page 2 of 8
10. The FCNH transcript represents that Respondent earned 500
credit hours in the FCNH Therapeutic Massage Training Program (Transfer
of Licensure).
11. The FCNH transcript indicates that Respondent started the
program on December 2, 2010, and completed the program on December
3, 2010.
12. Respondent also submitted, following her Application, a FCNH
Certificate of Completion of 12 hours of Therapeutic Massage Training
Program (Transfer of Licensure) dated December 3, 2010.
13. Also submitted following 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 3, 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
Page 3 of 8
480.041(1)(b), Florida Statutes (2010), Respondent is not qualified to be
licensed, or to practice, as a massage therapist in the State of Florida.
COUNT ONE
17. Petitioner realleges and incorporates by reference the
allegations in paragraphs 1 through 16 as if fully set forth herein.
18. 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.
19. Section 456.072(1)(h), Florida Statutes (2010), 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 (2010), 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 (2010-2011).
Page 4 of 8
COUNT TWO
21. Petitioner realleges and incorporates by reference the
allegations in paragraphs 1 through 16 as if fully set forth herein.
22. 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.
23. 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.
24. 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 THREE
25. Petitioner realleges and incorporates by reference the
allegations in paragraphs 1 through 16 as if fully set forth herein.
Page 5 of 8
26. Section 480.046(1)(o), Florida Statutes (2010), subjects a
licensee to discipline for violating any provision of Chapter 480 or Chapter
456, or any rules adopted pursuant thereto.
27. 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.
28. 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.
29. 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
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 _|S** day of _Octoke_, 2012.
John H. Armstrong, MD
State Surgeon General and Secretary of Health
FILED
DEPARTMENT OF HEALTH
eee CLERK Jenjfer L\ Friedberg, Esq.
cue “0/17/2012 Assistant General Counsel
Florida Bar No. 0021640
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
(P) 850-245-4640
(F) 850-245-4662
(E) Jenifer_Friedberg@doh.state.fl.us
PCP Date: October 15, 2012
PCP Members: Karen Harrison; Lydia Nixon
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: 13-001174PL
Issue Date |
Proceedings |
May 14, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 14, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
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May 13, 2013 |
Motion to Compel Discovery and to Deem Petitioner's Requests for Admissions Admitted filed.
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Apr. 29, 2013 |
Notice of Taking Telephonic Deposition Duces Tecum in Lieu of Live Testimony (of M. Wade) filed.
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Apr. 29, 2013 |
Notice of Taking Telephonic Deposition (of S. Hua Yin) filed.
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Apr. 10, 2013 |
Order of Pre-hearing Instructions.
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Apr. 10, 2013 |
Notice of Hearing by Video Teleconference (hearing set for May 31, 2013; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Apr. 09, 2013 |
Joint Response to the Initial Order filed.
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Apr. 02, 2013 |
Notice of Serving Petitioner's First Request for Admissions, Interrogatories and Request for Production of Documents filed.
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Apr. 02, 2013 |
Initial Order.
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Apr. 01, 2013 |
Notice of Appearance (filed by L. Wilhite-St. Laurent).
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Apr. 01, 2013 |
Administrative Complaint filed.
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Apr. 01, 2013 |
Notice of Filing Election of Rights; Election of Rights filed.
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Apr. 01, 2013 |
Agency referral filed.
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