STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2015-00114 TRACY STEWART, LMT, RESPONDENT. 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, Tracy Stewart, 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 18270 on or about December 20, 1994. 3. Respondent's address of record is 950 South Orlando Avenue, Cocoa Beach, Florida 32931. 4. On or about August 27, 2008, Respondent pled nolo contendere to and was adjudicated guilty of 1) Possession of Drug Paraphernalia (Possession) and 2) Resisting an Officer without Violence (Resisting without Violence) in Case Number 05-2008-MM-014685- AXXX-XX in the County Court, in and for Brevard County, Florida. 5. Respondent failed to report these pleas to the Board, in writing, within 30 days. 6. Section 480.046(1)(0), Florida Statutes (2008), 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. 7. Section 456.072(1)(x), Florida Statutes: (2008), subjects a massage therapist to discipline for failing to report to the 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. 8. Respondent pled nolo contendere to Possession and DOH v. Tracy Stewart, LMT Case No. 2015-00114 Resisting without Violence on or about August 27, 2008, and failed to timely report these pleas to the Board, in writing, within 30 days. 9. Based on the foregoing, Respondent has violated Section 480.046(1)(0), Florida Statutes (2008), through a violation of Section 456.072(1)(x), Florida Statutes (2008). 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this (gi day of Seplewlary. 2016. Celeste Philip, MD, MPH Surgeon Genera] and Secretary DOH Prosécution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0099413 (850) 245-4444 ext, 8178 (850) 245-4684 FAX DOH v, Tracy Stewart, LMT Case No. 2015-00114 FILED DEPARTM DEPUTY LeteeTH PCP: 9/1/16 CLERK; PCP Members: Whitridge & Brooks SEP 9 6 NOTICEOFRIGHTS "A"&—_? 2016 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 under 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. DOH v. Tracy Stewart, LMT Case No. 2015-00114

Docket for Case No: 16-006821PL