STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2015-14419 WENPANG ZHANG, 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 Wenpang zhang, 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 71578 on or about January 4, 2013. 3. Respondent's mailing address of record is 532 Sabai Paim Circle, Altomonte Springs, Florida 32701. 4. Section 480.041(6), Florida Statutes (2014), provides that massage therapists who were issued a license before July 1, 2014, must submit to the background screening requirements of s. 456.0135 by January 31, 2015. 5. Section 456.0135(1), Florida Statutes (2014), provides in relevant part that an application for initial licensure received on or after January 1, 2013, under chapter 458, chapter 459; chapter 460, chapter 461, chapter 464, s. 465.022, or chapter 480 shall include fingerprints pursuant to procedures established by the department through a vendor approved by the Department of Law Enforcement and fees imposed for the initial screening and retention of fingerprints. 6. Respondent failed to submit to the background screening requirements of Section 456.0135 by January 31, 2015. 7. Section 480.046(1)(p), Florida Statutes (2014), provides that violating any provision of this chapter or ‘chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. Page 2 of 5 DOH v. Wenpang Zhang, LMT Case No.: 2015-14419 Date: 10/28/2016 8. Respondent did not submit to the background screening requirements of Section 456.0135(1) (2014), Florida Statutes by January 31, 2015, as required by Section 480.041(6), Florida Statutes (2014). 9. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2014), through a violation of Section 480.041(6), Florida Statutes (2014). 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 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. Page 3 of 5 DOH v. Wenpang Zhang, LMT Case No,: 2015-14419 Date: 10/28/2016 SIGNED this [Ghaay of Outynly , 2016. Celeste Philip, MD, MPH Surgeon General and Secretary Cecilie Dale Sykes Assistant General Counsel DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALT Tallahassee, FL 32399-3265 cnex __aneeucaueess Florida Bar # 0250340 pate DEC 13206 (850) 245-4640, ext. 8163 (850) 245-4684 fax PCP: 12/07/16 PCP Members: Havard & Drago Page 4 of 5 DOH v. Wenpang Zhang, LMT Case No.: 2015-14419 Date: 10/28/2016 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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 5 of 5 DOH v. Wenpang Zhang, LMT Case No.: 2015-14419 Date: 10/28/2016

Docket for Case No: 18-002284PL