STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NOs. 2015-10523 2016-10310 FREDERICK DOST, L.M.T., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Massage Therapy against Respondent Frederick Dost, 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; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist within the state of Florida, having been issued license number MA 41700. F 3. | Respondent's address. of record is P.O. Box 662232, Orlando, Florida 32869. 4. Onor about August 18, 2014, Respondent performed a massage on Patient M.D., a 32 year-old female at Massage Envy, located in Orlando, Florida.* 5. During the massage, while standing on Patient M.D.’s side, Respondent reached under the draping covering Patient M.D. and touched Patient M.D.'s breasts. 6. | Respondent repositioned himself and stood near Patient M.D.’s head. 7. Respondent pushed his genitals into Patient M.D.’s head. 8. Respondent reached under the draping covering Patient M.D. and cupped, or touched, Patient M.D.’s breasts. Respondent moved his hands in a circular motion around Patient M.D.'s breasts and nipples for approximately one minute. 9. Respondent did not obtain Patient M.D.’s consent prior to touching her breasts. 10. On or about January 13, 2016, Respondent performed a ' Facts related to Department of Health Case No. 2015-10523 Administrative Complaint DOH v. Frederick Dost, L.M.T, Case Nos. 2015-10523 & 2016-10310 massage on Patient W.H., a 60 year-old female at the Massage Experience, located in Siesta Key, Florida. 11. During the massage, Respondent removed his genitals from his pants and rubbed, or touched, Patient W.H.’s face, neck and shoulder with his genitals. 12. Section 480.046(1)(p), Florida Statutes (2015), subjects a massage therapist to discipline for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 13. Section 480.0485, Florida Statutes (2015), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct as a: violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient 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. 14. Rule 64B7-26.010, Florida Administrative Code, provides in pertinent part: (1) Sexual activity by any person or persons in any massage 2 Facts related to Department of Health Case No. 2016-10310 Administrative Complaint DOH v. Frederick Dost, L.M.T. Case Nos. 2015-10523 & 2016-10310 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... 15. Respondent committed sexual misconduct in one or more of the following ways: a. Touching Patient M.D.’s breasts and nipples without Patient M.D.'s specific, informed consent; b. Touching Patient M.D.’s head with his genitals; and/or c. Touching Patient W.H.’s neck, shoulder, and cheek, with his genitals. 16. Based on | the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2015), by violating Section 480.0485, Florida Statutes (2015), and/or Rule 64B7-26.010, Florida Administrative Code. Administrative Complaint DOH v. Frederick Dost, L.M.T. Case Nos. 2015-10523 & 2016-10310 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 374 day of JUNE 2016. Celeste Philip, M.D., M.P.H. State Surgeon General & Secretary of Health, State of Florida CHeaummmens Kristen Summers, Esq. Assistant General Counsel Fla. Bar No. 112206 FILED Florida Department of Health Department Of Health Office of the General Counsel Deputy Clerk 4052 Bald Cypress Way, Bin C-65 CLERK Angel Sanders DATE JUN 0 3 2016 Tallahassee, Florida 32399-3265 — Telephone: (850) 245-4444 ext. 8136 Facsimile: (850) 245-4684 Email: kristen.summers@flhealth.gov KMS PCP Date: June 3, 2016 PCP Members: Pete Whitridge, Robyn Havard Administrative Complaint DOH v. Frederick Dost, L.M.T. Case Nos. 2015-10523 & 2016-10310 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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. Administrative Complaint DOH v. Frederick Dost, L.M.T. Case Nos. 2015-10523 & 2016-10310

Docket for Case No: 16-004895PL