FILED DEPARTMENT OF _—— EPUTY CLERK STATE OF FLORIDA BOARD OF MASSAGE THERAPY “ER F< DEPARTMENT OF HEALTH, =e S/S PETITIONER, Vv. - (CASE NO, 2014-17391 | FUNU WEN, LMT, ) 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 Respondent, Funu Wen, LMT, 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; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist (LMT) within the state of Florida, having been issued license number MA 60498, . . 3. Respondent's address of record Is 1104 Beville Road, #A, ~ Daytona Beach, Florida 321.14. . 4. At all times material to this complaint, Respondent was employed as a licensed massage theraplst at Golden Spa, located at 2832 Stirling Road, Suite #J, Hollywood, Florida 33020. 5. On or about May 10, 2011, the Hollywood Police Department Vice, Intelligence, and Narcotics Unit (Hollywood Police) conducted an undercover investigation at Golden Spa. 6. An undercover officer posing as a client received a massage from Réspondent. 7. — After Respondent had completed the massage, Respondent offered to manually stimulate the undercover officer's penis. - 8. The undercover officer told Respondent that he only had fifty dollars on him at that time. , 9, Respondent stated that fifty dollars was acceptable and told the undercover officer to lie down. "10. Respondent accepted the fifty-dollar bill from the undercover officer. | 11, Once Respondent had taken the fifty dollars, the DOH v, Funu Wen, LMT Case No, 2014-17391 undercover officer signaled to the police officers waiting outside. Hollywood Police then entered the facility and — Respondent. 12. On or about July 28, 2041, in the County Court of the Seventeenth Judicial, Circuit, tn and for Broward County, Florida, in Case Number 11-010727-MM-10A, Respondent pled no contest to. one count of Offering to Commit, Committing, or Engaging in Prostitution, Lewdness or Assignation, In violation of Section 796.07(2)(e), Florida Statutes (2011), Adjudication was withheld. 13. Respondent did not. report this plea to the Board, in writing, within 30 days. COUNT I 14. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein, | 15. Section 480.046(1)(0), Florida Statutes (2011), provides that violating any pravision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Beard. of Massage Therapy. _ 16. Rule 64B7-26.010(3), Florida Administrative Code (2011), states that no licensed massage. therapist shall use the theraplst-cllent DOH v. Funu Wen, LMT Case No. 2014-17394 relationship to engage in sexual activity with any cllent or to make arrangements to engage In sexual activity with any client. 17. 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 __—sintercourse, _ 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. (Rule 64B7-26.010(4), Florida Administrative Code, (2011). ; 18. Based on the foregoing, Respondent violated Section 480.046(1)(0), Florida Statutes (2011), through a violation of Rule 6487-26,010(3), Florida Administrative Code (2011), ‘by using the massage therapist-patient relationship to engage in: or to make arrangements to engage in sexual activity with a client. COUNT IT 19. Petitioner realleges and incorporates paragraphs one (1) through twelve (12) as if fully set forth herein. 20. Section 480.046(1}{0), Florida Statutes (2011), provides that violating any provision of chapter 480 or 456, or any rules adopted DOH v. Funu Wen, LMT Case No, 2014-17391 pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. 21. Section 456.072(1)(c), Florida Statutes (2011), provides that being convicted-or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime tn any jurisdiction: which relates to the practice of, or the abllity to practice, a licensee’s profession, constitutes grounds for discipline. 22. Respondent pled -no contest to Offering to Commit, Committing, or Engaging in Prostitution, Lewdness, or Assignation. 23, Licensed massage therapists in the State of Florida are prohibited from using the therapist-client relationship to engage in or to make arrangements to engage In sexual activity with any cllent. (Rule 64B7-26,010(3), Florida Administrative Code). (24, The underlying acts of the offense occurred inside a massage establishment during the course of business; Respondent gave a massage to an undercover officer posing as a client and then offered to engage him in sexual activity, 25. -Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2011), through a violation of Section DOH v, Funu Wen, LMT Case No. 2014-17391 456.072(1){c), Florida Statutes (2011), by pleading no contest to a crime which relates to the practice of massage. COUNT ul 26, Petitioner realleges and incorporates paragraphs one (1) through three (3) and twelve (12) through thirteen (13) as if fully set forth herein, | 27. Section 480.046(1)(0), Florida Statutes (2011), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. : . 28, Section 456.072(1)(x), Florida Statutes (2011), subjects a massage therapist to discipline for falling to report to the board, in writing within 30 days after the licensee has been convicted or found gullty of, or entered a plea of nolo contendere to, regardless of ‘ adjudication, a crime in any jurisdiction, 29, Respondent pled no contest to Prostitution, Lewdness, or . Assignation and did not report this to the Board, in writing, within 30 days. . 30, Based on the foregoing, Respondent has violated Section DOH v, Funu Wen, LMT Case No, 2014-17391 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, i in addition to any other discipline imposed. DOH v, Funu Wen, LMT Case No. 2014-17391

Docket for Case No: 16-003986PL