STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH Petitioner, vs. Case No. 2012-04049 SHENGJUAN YANG, LMT, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (hereinafter Petitioner), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against the Respondent, Shengjuan Yang, LMT, (hereinafter Respondent), and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of massage therapy pursuant to Chapters 20, 456, and 480, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a massage therapist in the State of Florida, pursuant to Chapter 480, Florida Statutes, having been issued license number MA 58259 on or about February 22, 2010. 3. | Respondent's address of record is 4047 Okeechobee Boulevard, #209, West Palm Beach, Florida 33409. 4. At all times material hereto, Respondent performed massage therapy at Lucky Dragon Day Spa, Inc. (Lucky Dragon), located at 2122 E. Colonial Drive, Orlando, Florida 32803. 5. On or about January 26, 2012, a Metropolitan Bureau of Investigation (MBI) undercover Agent (UC), posing as a client, went to Lucky Dragon and was given a massage by Respondent, a/k/a Jessie. 6. During the massage, when the UC turned over on his back, Respondent removed her black shirt and black bra, exposing her bare breasts and motioned her hand up and down, simutating a “hand job.” When Respondent negotiated with the UC a price of $100 US currency for a “blow job”, she took off her white skirt, exposing her hairy pelvic area. The UC refused the offer and gave the take down signal. 7. MBI agents then entered Lucky Dragon and_ arrested Respondent. She was charged with Prostitution and Remaining in a place for the purpose of Prostitution. 8. On or about June 20, 2012, Respondent entered a plea of nolo contendere to Disorderly Conduct and Enter/Remaining in Place for Prostitution, in the County Court of Orange County, Florida, in Case 2012- MM-000865000A0Xx. COUNT I 9. Petitioner realleges paragraphs one (1) through eight (8), as if fully copied herein. 10. Section 480.046(1)(0), Florida Statutes (2011), provides that violating any provision of chapter 480 or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Massage Therapy. 11. Section 456.072(1)(x), Florida Statutes (2011), subjects a licensee to discipline for failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 12. Respondent failed to report to the Board in writing within 30 days of June 20, 2012, that she entered a plea of nolo contendere to Disorderly Conduct and Enter/Remaining in Place for Prostitution, in the County Court of Orange County, Florida, in Case 2012-MM-000865000A0x. 13. Based on the foregoing, Respondent violated Section 480.046(1)(0), and 456.072(1)(x), Florida Statutes (2011). COUNT II 14. Petitioner realleges paragraphs one (1) through eight (8), and ten (10), as if fully copied herein. 15. Section 456.072(1)(c), Florida Statutes (2011), provides that being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession, constitutes grounds for which disciplinary action may be taken. 16. Respondent entered a plea of nolo contendere on June 20, 2012, to disorderly conduct and enter/remaining in place for prostitution, which crimes were committed during Respondent's practice as a massage therapist. 17. Based on the foregoing, Respondent has violated Section 480.046(1)(0), and 456.072(1)(c), Florida Statutes (2011). WHEREFORE, the 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, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 17". day of September, 2012. FILED TH RTMENT OF HEAL DEPART MN CLERK Sanders CLERK Ange 012 DATE SEP ~ PCP: 9/17/12 John H. Armstrong, MD State Surgeon General and Secretary of Health S. iConcilio Assistant General Counsel DOH Prosecution Services 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 FBN: 0949027 (850) 245-4640, Ext. 8129 (850) 245-4684 FAX sam_diconcilio@doh.state.fl.us PCP Members: Karen Harrison & Bridget Burke-Wammack 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 impose.

Docket for Case No: 13-001182PL