STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-27663 2016-28846 ROBERT L. LINDELOF, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Massage Therapy against Respondent Robert L. Lindelof, 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 70155. 3. | Respondent’s address of record is 3260 Winding Trail, Kissimmee, Florida 34746. Facts Related to Client R.V. 4. Onor about June 5, 2016, Client R.V, a 24-year-old female, had an appointment with Respondent. 5. During the massage, Respondent touched Client R.V/s vagina and/or inserted his finger(s) into Client R.V.’s vagina. 6. Client R.V. did not request, or consent to, Respondent touching her vagina or inserting his finger(s) into her vagina. 7. Respondent’s touching of Client R.V’s vagina and/or inserting his “fingers(s) into Client’R:V’s vagina was outside the scope of practice or the scope of generally accepted examination or treatment. Facts Related to Client D.A. 8. Onor about June 26, 2016, Client D.A., a 20-year-old female, had an appointment with Respondent. 9. During the massage, Respondent rubbed his crotch against Client D.A.'s hand and foot. 10. During the massage, Respondent rubbed his hand over Client D.A.s vagina over her underwear. Administrative Complaint DOH v. Robert L. Lindelof, L.M.T. Case Nos. 2016-27663 2016-28846 11. Client D.A. did not request, or consent to, Respondent rubbing his crotch against her hand or foot or to rubbing her vagina over her underwear. 12. Respondent's rubbing his crotch against Client D.A.’s hand and/or foot and/or rubbing her vagina over her underwear was outside the scope of practice or the scope of generally accepted examination or treatment. 13. Section 480.046(1)(p), Florida Statutes (2015-2016), subjects a massage therapist to discipline for violating any provision of Chapter 480 or 456, Florida-Statutes;-or any rules adopted pursuant thereto. 14. Section 480.0485, Florida Statutes (2015-2016), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: 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. 15. Rule 64B7-26.010, Florida Administrative Code (2015-2016), provides in pertinent part: Administrative Complaint DOH v. Robert L. Lindelof, L.M.T. Case Nos, 2016-27663 2016-28846 (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... 16. Respondent violated Section 480.0485, Florida Statutes (2015- 2016), and Rule 64B7-26.010, Florida Administrative Code (2015-2016), by _ engaging in sexual activity and/or committing sexual misconduct in one or more of the following ways: a. Touching Client R.V.’s vagina; b. Inserting his finger(s) into Client R.V’s vagina; c. Rubbing his crotch on Client D.A.'s hand and/or foot; and/or d. Rubbing his hand over Client D.A’s vagina over her underwear. 17. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2015-2016), by violating Section 480.0485, Florida Statutes (2015-2016), and/or Rule 64B7-26.010, Florida Administrative Code (2015-2016). Administrative Complaint DOH v. Robert L. Lindelof, L.M.T. Case Nos. 2016-27663 2016-28846 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 242° day of _Dreembec _, 2016. Celeste Philip, M:D:, M.P.H.- Surgeon General and Secretary Assistant General Counsel Fla. Bar No. 99658 Florida Department of Health Office of the General Counsel coo tpite eu DEPUTY CLERK CLERK: 4052 Bald Cypress Way, Bin C-65 DEC 2 9 20 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4444 ext. 8150 Facsimile: (850) 245-4662 Email: Robert.Summers@flhealth.gov RFS/plp PCP Date: December 29, 2016 PCP Members: Robyn Havard Victoria Drago Administrative Complaint DOH v. Robert L, Lindelof, L.M.T. Case Nos. 2016-27663 2016-28846 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. Robert L. Lindelof, L.M.T. Case Nos. 2016-27663 2016-28846

Docket for Case No: 17-001488PL