STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH Petitioner, Vv. Case No. 2016-10940 YING PAN, L.M.T., 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 (“Board”) against Ying Pan, L.M.T., (hereinafter Respondent), and in support thereof 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 70647 on or about October 9, 2012. 3. Respondent's address of record is 1369 79th Street, 1st Floor, Brooklyn, New York, 11228. 4. At all times material to this complaint, Respondent was practicing massage at Lussis Spa & Massage, located at 11062 International Drive, Suite 156, in Orlando, Florida. 5. On or about March 10, 2016, Respondent provided a massage at Lussis Spa & Massage to an undercover law enforcement officer of the Metropolitan Bureau of Investigation, Officer N.A. 6. During the course of the massage, the Respondent offered and/or agreed to perform manual masturbation on Officer N.A. 7. During the course of the massage, Respondent offered and/or agreed to perform oral sex (fellatio) on Officer N.A. 8. During the course of the massage, Respondent touched Officer N.A.’s penis. 9. During the course of the massage, Respondent removed a part of her clothing, exposing one of her breasts to Officer N.A. 10. During the course of the massage, Respondent placed Officer N.A.’s hand on her buttocks and/or her exposed breast. DOH v. Pan, LMT 2016-10940 Page 2 of 6 11. Section 480.046(1)(p), Florida Statutes (2015), provides that violating any provision of chapter 480 or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board of Massage Therapy. 12. Section 480.0485, Florida Statutes (2015), provides that sexual misconduct in the practice of massage is prohibited and defines sexual misconduct 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. 13. Rule 64B7-26.010(4), Florida Administratlve Code (F.A.C.), defines “sexual activity” as: [A]ny 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 and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal Intercourse. For purposes of this subsection, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation has occurred. DOH v. Pan, LMT 2016-10940 Page 3 of 6 14. Respondent used the massage therapist-patient 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 in one or more of the following ways: a) By offering and/or agreeing to perform manual masturbation on Officer N.A.; b) By offering and/or agreeing to perform oral sex (fellatio) on Officer N.A.; ° c) By touching Officer N.A.’s penis; d) By exposing her breast to Officer N.A.; and/or e) By placing Officer N.A.’s hand on her buttocks and/or exposed breast. 15. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2015), through a violation of Section 480.0485, 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 Respondent’s license, DOH v. Pan, LMT 2016-10940 Page 4 of 6 restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probatlon, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 51h day of Ayal , 2017, Celeste Philip, MD, MPH Surgeon General and Secretary Carrie B. McNamara Assistant General Counsel Fla. Bar No. 0062029 Department of Health 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 DEPARTMENT OF HEALTH Telephone: (850) 245-4640 Ear. a Facsimile: (850) 245-4684 PATE apr 0.6 207 Carrie.McNamara@flhealth.gov PCP: 4/5/2017 PCP Members: Whitridge, Drago DOH v. Pan, LMT 2016-10940 Page 5 of 6 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. DOH v. Pan, LMT * 2016-10940 Page 6 of 6

Docket for Case No: 18-004072PL