STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2015-05770 BERHANE OLIVER, LMT, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy (hereinafter “Board”) against Berhane Oliver, LMT, and alleges: 1. Petitioner is the state department 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 in the State of Florida, having been issued license number MA 61590 on or about January 7, 2011. 3. | Respondent’s mailing address of record is 62 Southeast Sixth Avenue, Delray, Florida 33483. 4. On or about July 9, 2015, in the County Court in and for Broward County, Florida, Case Number 15000339CF10A, Respondent entered a plea of nolo contendere to Touch or Strike/Battery/Domestic Violence, a misdemeanor. 5. Section 456.072(1)(x), Florida Statutes (2015), provides that failing to report to the board, or the department if there is no 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 constitutes grounds for disciplinary action by the Board. 6. Respondent failed to report his July 9, 2015, nolo contendere plea to the Board, in writing, within 30 days. 7. Based on the foregoing, Respondent violated Section 456.072(1)(x), Florida Statutes (2015). 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 license, restriction of Page 2 of 4 DOH v. OLIVER, LMT 2015-05770 practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this_81 day of _c/ ecumbver , 2016. Celeste Philip, MD, MPH 1) General and Secretary Carrie B. McNamara Assistant General Counsel Fla. Bar No. 0062029 FILED pEPARTMENT OF HEALTH DEPUTY CLERK Department of Health CLERK ANGEL SATE 4052 Bald Cypress Way, Bin C-65 pave DEC 1B OU Tallahassee, Florida 32399-3265 Telephone: (850) 245-4640 Facsimile: (850) 245-4684 Carrie. McNamara@flhealth.gov PCP: December 7, 2016 PCP Members: Havard, Drago Page 3 of 4 DOH v. OLIVER, LMT 2015-05770 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 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. Page 4 of 4 DOH v. OLIVER, LMT 2015-05770

Docket for Case No: 17-005302PL