STATE OF FLORIDA DEPARTMENT OF HEALTH ‘DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2012-03882 BENJAMIN PRIMM, IV, L.M.T., Respondent. a | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health (Department), by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against the Respondent, Benjamin Primm, IV, 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, Florida Statutes (2011); Chapter 456, Florida Statutes (2011); and. Chapter 480, Florida Statutes (2011). 2. At all times material to this order, Respondent was licensed as a massage therapist in the State of Florida, pursuant to Chapter 480, Florida Statutes (2011), having been issued license number MA 65344. DOH v. Benjamin Primm, IV, L.M.T. DOH Case Number 2012-03882 3. Respondent’s address of record is 302 Earl Street, Longwood, Florida 32750. 4 On or about March 10, 2012, A.S. and his wife preserited to Massage Envy Spa, located in Altamonte Springs, Florida, for separate massage sessions scheduled at 3:00 p.m. 5. Respondent was the massage therapist designated to perform the massage service for A.S. 6. While massaging A.S., Respondent reached between A.S.'s legs and groped A.S.'s groin area. 7. Respondent continued to massage A.S.'s inner thigh and groped A.S.'s penis and testicles several times. 8. As Respondent moved his hand out from A.S.'s genital area, Respondent's finger touched A.S.'s anal area. 9. A.S. asked Respondent to end the massage and Respondent left the room. . 10. Section 480.046(1)(0), Florida Statutes (2011), provides that violating any provision of Chapter 480 or Chapter 456, Florida Statutes, or any rules adopted pursuant thereto, constitutes grounds for ‘disciplinary action by the Board of Massage Therapy. DOH v, Benjamin Primm, IV, LM.T. 2 Case Number 2012-03882 11. Section 480.0485, Florida Statutes (2011), ‘provides that the massage therapist-patient relationship is founded on mutual trust, Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce such person to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited. 12. Rule 64B7-26.010, Florida Administrative : Code, provides, in pertinent part: ob (1) Sexual activity by any person or persons in any massage establishment is absolutely prohibited. (3) No licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client and, (4) As used in this rule, “sexual activity” means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which is, likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this subsection, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As DOH v. Benjamin Primm, IV, L.M.T. 3 Case Number 2012-03882 used herein, sexual activity can involve the use of any device or object and is not dependent._on whether penetration, orgasm or ejaculation “has occurred.... 13. Respondent exercised influence within a massage therapy relationship for the purpose of engaging or attempting to engage a patient in sexual activity when he groped A.S.’s penis, testicles and/or anus. 14. Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2011), by violating Section 480.0485, Florida Statutes (2011), and/or Rule 64B7-26.010 (1), (3), and (4), Florida Administrative Code. 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, 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. DOH v. Benjamin Primm, IV, LMT. 4 Case Number 2012-03882 SIGNED this _[%4/_ day of _{ NGL 2012. STEVEN L. HARRIS, M.D., M.Sc. Interim State Surgeon General Florida Department of Health Jennifer A. Tschetter Interim General Counsel Florida Department of Health DANIEL HERNANDEZ . Chief Legal Counsel Prosecution Services Unit ALICIA ADAMS Assistant General Counsel Florida Bar Number 0065248 Florida Department of Health Office of the General Counsel “4 OF HEALTH 4052 Bald Cypress Way Bin-C-65 cera OteRK Tallahassee, Florida 32399-3265 CLERK ane PD Sanders Telephone: (850) 245-4640 DATE Facsimile: (850) 245-4662 Email: Alicia_Adams@doh.state.fl.us AA/tgc PCP: May 17, 2012 PCP Members: Karen Harrison and Lisa Oliver . DOH v. Benjamin Primm, IV, L.M.T. Case Number 2012-03882 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. DOH v. Benjamin Primm, IV, L.M.T. 6 Case Number 2012-03882

Docket for Case No: 13-001741PL