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DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs TANG LONG LIFE THERAPY MASSAGE, 14-002551 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002551 Visitors: 45
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: TANG LONG LIFE THERAPY MASSAGE
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: May 30, 2014
Status: Closed
Recommended Order on Wednesday, December 31, 2014.

Latest Update: Jun. 25, 2015
Summary: The issues in both cases is whether the respondents violated section 480.046(1)(o), Florida Statutes (2012), which prohibits a violation of any provision within chapter 480 or any rule adopted pursuant to chapter 480, and, if so, what penalty should be imposed. In DOAH Case 14-2552PL, the specific issue is whether Respondent Hong Tang (Respondent Tang) violated section 480.0485 by using the massage therapist-patient relationship to induce or attempt to induce patients to engage in sexual activit
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14002551AFO



STATE OF FLORIDA BOARD OF MASSAGE THERAPY

DEPARTMENT OF HEALTH,

Petitioner,

Final Order No. DOH-15-0813-FO MQA

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FILED DATEMAY 2 8 2015


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vs. DOH CASE NO.: 2013-13884

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DOAH CASE NO.: 14-2551 LICENSE NO.: MM 28:9:;93

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HONG TANG LONG LIFE THERAPY MASSAGE,

Respondent.

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FINAL ORDER


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THIS CAUSE came before the BOARD OF MASSAGE THER,R,y (Board) pursuant to Sections 120.569 and 120.57(1), Florida Statutes, on April 30, 2015, in Tampa, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order (a copy of which is attached hereto as Exhibit A) in the above-styled cause. Petitioner was represented by Louise St. Laurent, Assistant General Counsel. Respondent was not present but was represented by Jack A. Goldberger, Esquire.

Upon review of the Recommended Order, the argument of the

parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions.

FINDINGS OF FACT

  1. The findings of fact set forth in paragraphs 1, 2, 3, 4 of the Recommended Order are approved and adopted and incorporated herein by reference.

  2. There is competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW

  1. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 464, Florida Statutes.

  2. The conclusions of law set forth in paragraphs 10, 11, 12, 13 14, 15, 24, 25, 26, 27, and 28 of the Recommended Order are approved and adopted and incorporated herein by reference.

PENALTY

Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be ACCEPTED.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the administrative complaint against HONG TANG LONG LIFE THERAPY MASSAGE is DISMISSED. This Final Order shall take effect upon being filed with the

Clerk of the Department of Health.

DONE AND ORDERED this       

2015.

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day of M    


BOARD OF MASSAGE THERAPY


Christy Robinson Executive Director

for Bridget Burke-Wammack, Chair

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120. 68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by Certified Mail to HONG TANG LONG LIFE THERAPY MASSAGE, Jack A. Goldberger, Esquire, 250 Australian Avenue South, Suite 1400, West Palm Beach FL 33401; to Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida

32399-3060; and by email to Louise St. Laurent, Department of

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at-CA

Health-PSU, at Matthew.Witters@flhealth.gov this day of


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, 2015.



7013 1090 0001 0264 2521

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Jack .t- Goldberger, Esq.

250 Australian l:.'9 . South Suite 1400

West Palm Beach, FL 33401

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Deputy Agency Clerk


Docket for Case No: 14-002551
Issue Date Proceedings
Jun. 25, 2015 Notice of Appeal (filed in Case No. 14-002552PL).
May 29, 2015 (Agency) Final Order filed (14-2552).
May 29, 2015 (Agency) Final Order filed (14-2551).
Jan. 23, 2015 Respondent's Response to Petitioner's Exceptions to the Recommended Order of Administrative Law Judge filed.
Jan. 23, 2015 Respondent's Response to Petitioner's Exceptions to the Recommended Order of Administrative Law Judge (filed in Case No. 14-002552PL).
Jan. 15, 2015 Petitioner's Exceptions to Recommended Order filed.
Jan. 15, 2015 Petitioner's Exceptions to Recommended Order (filed in Case No. 14-002552PL).
Dec. 31, 2014 Recommended Order (hearing held November 10, 2014). CASE CLOSED.
Dec. 31, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 26, 2014 Petitioner's Proposed Recommended Order filed.
Dec. 26, 2014 Respondent's Proposed Findings of Fact and Conclusions of Law filed.
Dec. 26, 2014 Respondent's Proposed Findings of Fact and Conclusions of Law (filed in Case No. 14-002552PL).
Nov. 26, 2014 Transcript of Proceedings (not available for viewing) filed.
Nov. 10, 2014 CASE STATUS: Hearing Held.
Nov. 03, 2014 Notice of Filing Petitioner's Proposed Exhibits filed.
Nov. 03, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 31, 2014 Amendments to Petitioner's Unilateral Pre-hearing Statements filed on August 18, 2014 and September 17, 2014 filed.
Sep. 25, 2014 Order Denying Motion in Limine and Motion for Daubert Hearing.
Sep. 22, 2014 Petitioner's Response in Opposition to Respondent's Motion for Daubert Hearing filed.
Sep. 22, 2014 Petitioner's Response in Opposition to Respondent's Motion in Limine filed.
Sep. 19, 2014 Respondent's Motion for Daubert Hearing filed.
Sep. 19, 2014 Respondent's Motion in Limine filed.
Sep. 18, 2014 Notice of Taking Depositions (of Agent Anthony Combs and Agent Dan Wood, filed in Case No.: 14-2552) filed.
Sep. 18, 2014 Notice of Taking Depositions (of Agent Anthony Combs and Agent Dan Wood) filed.
Sep. 18, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 10, 2014; 9:00 a.m.; West Palm Beach, FL).
Sep. 17, 2014 Respondent's Unopposed Motion to Continue Final Hearing filed.
Sep. 17, 2014 Amendments to Petitioner's Unilateral Pre-hearing Statement Filed on August 18, 2014 (filed in Case No. 14-002552PL) filed.
Sep. 12, 2014 Notice of Cancellation of Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
Sep. 11, 2014 Notice of Cancellation of Depositions filed.
Sep. 10, 2014 Amended Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
Sep. 10, 2014 Return of Service (for Gerard Gilroy) filed.
Sep. 10, 2014 Return of Service (for Kevin Lapham) filed.
Sep. 10, 2014 Amended Notice of Taking Deposition (of Kevin Lapham and Gerard Gilroy) filed.
Sep. 02, 2014 Cross Notice of Taking Depositions in Lieu of Live Testimony (of Kevin Lapham and Gerard Gilroy) filed.
Aug. 28, 2014 Notice of Taking Deposition (of Kevin Lapham and Gerard Gilroy) filed.
Aug. 28, 2014 Notice of Serving Respondent's First Request for Production of Documents and First Request for Interrogatories to Petitioner filed.
Aug. 28, 2014 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Aug. 28, 2014 (Respondent's) Notice of Serving Answers to Interrogatories (unsigned) filed.
Aug. 28, 2014 Respondent's Response to Request for Admissions filed.
Aug. 27, 2014 Notice of Taking Deposition in Lieu of Live Testimony (of Jennifer Mason, L.M.T, filed in Case No. 14-002552PL).
Aug. 26, 2014 Notice of Taking Rescheduled Videotaped Deposition in Lieu of Live Testimony (of Agent Christian Padilla) filed.
Aug. 26, 2014 Notice of Taking Telephonic Deposition in Lieu of Live Testimony (of Agent James Fortwangler, filed in Case No. 14-002552PL).
Aug. 20, 2014 Amended Notice of Hearing by Video Teleconference (hearing set for September 26, 2014; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to case style).
Aug. 19, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 26, 2014; 9:00 a.m.; West Palm Beach, FL).
Aug. 19, 2014 Notice of Appearance - (Casie Barnette) filed.
Aug. 19, 2014 (Petitioner's) Renewed Unopposed Motion for Continuance filed.
Aug. 18, 2014 Petitioner's Unilateral Pre-hearing Statement filed.
Aug. 15, 2014 Order Denying Unopposed Motion for Continuance without Prejudice.
Aug. 14, 2014 Unopposed Motion for Continuance Final Hearing filed.
Aug. 14, 2014 Notice of Cancelling Deposition (of Christian Padilla) filed.
Aug. 13, 2014 Amended Notice of Taking Videotaped Deposition in Lieu of Live Testimony (Christian Padilla) filed.
Aug. 11, 2014 Notice of Taking Videotaped Deposition in Lieu of Live Testimony (of Agent Christian Padilla) filed.
Jul. 29, 2014 Notice of Appearance (Mitchell Beers).
Jul. 24, 2014 Amended Notice of Taking Deposition in Lieu of Live Testimony (S.M., filed in Case No. 14-002552PL).
Jul. 22, 2014 Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of S. M., not available for viewing) filed.
Jul. 22, 2014 Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of Rudiger Bruckner, filed in Case No. 14-002552PL).
Jul. 22, 2014 Notice of Taking Deposition Duces Tecum in Lieu of Live Testimony (of Hong Tang, LMT, filed in Case No. 14-002552PL).
Jul. 22, 2014 Notice of Appearance of Co-Counsel (Jennifer Friedberg; filed in Case No. 14-002552PL).
Jul. 22, 2014 Notice of Appearance of Co-Counsel (Jennifer Friedberg) filed.
Jul. 17, 2014 Notice of Serving Petitioner's Response to Respondent's First Requst for Production and First Set of Interrogatories filed.
Jun. 10, 2014 Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
Jun. 05, 2014 Order of Pre-hearing Instructions.
Jun. 05, 2014 Notice of Hearing by Video Teleconference (hearing set for August 27, 2014; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jun. 05, 2014 Order of Consolidation (DOAH Case Nos. 14-2551 and 14-2552PL).
Jun. 05, 2014 Joint Response to Initial Order filed.
May 30, 2014 Initial Order.
May 30, 2014 Petition for Formal Hearing and Notice of Factual Dispute as to the Allegations in the Administrative Complaint filed.
May 30, 2014 Election of Rights filed.
May 30, 2014 Administrative Complaint filed.
May 30, 2014 Agency referral filed.

Orders for Case No: 14-002551
Issue Date Document Summary
May 28, 2015 Agency Final Order
May 28, 2015 Agency Final Order
Dec. 31, 2014 Recommended Order Petitioner failed to prove that massage therapist induced or tried to induce sexual activity when undercover deputy requested sex and Respondent agreed. Absence of physical contact precludes finding massage establishment guilty.
Source:  Florida - Division of Administrative Hearings

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