STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2012-12136 JUN HE, L.M.T., RESPONDENT. a | 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, Jun He, 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 64097. 3. Respondent's address of record is 121 South State Road 7, Plantation, Florida 33317. 4. On or about June 10, 2011, 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 for Licensure, Respondent indicated that she attended Americana College, in Los Angeles, California, for massage therapy training, and that she graduated on October 8, 2010. 6. Americana 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 (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 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 18, 2011, and completed the program on June 3, 2011. 12. Respondent also submitted, with her Application, a FCNH Certificate of Completion of 66 hours of Therapeutic Massage Training Program (Transfer of Licensure) dated June 3, 2011. 13. Also submitted with Respondent's Application was a FCNH Certificate of Completion of two hours of Prevention of Medical Errors dated june 3, 2011. 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 (2010), 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 (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 violating Section 456.072(4)(h), 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). 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 (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 violating Section 456.072(1)(w), 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 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)(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. 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. 29. 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. 30. 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). 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 Odor , 2012. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders pATE 10/9/2012 John H. Armstrong, MD State Surgeon General and Secretary of Health jenifer : Friedberg, Esq. _. 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 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: 13-001180PL