STATE OF FLORIDA BOARD FO MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2016-21689 XIAOJING CAO, LMT, RESPONDENT. ee! M TIVE 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 the Respondent, XIAOJING CAO, 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, and Chapters 456 and 480, Florida Statutes, 2. At all times material to this Complaint, Respondent was licensed to practice massage therapy in the state of Florida pursuant to Chapter 480, Florida Statutes, having been issued license number MA 80512 on or about November 20, 2015. 3. Respondent's mailing address of record is 4870 NE 1% Terrace, Fort Lauderdale, Florida 33334. 4. Atall times material to this complaint, Respondent was employed as a massage therapist at Ting Ting Spa, Inc. located at 6151 Washington Street, Hollywood, Florida 33023. 5. Onor about August 16, 2016, Respondent provided a massage to an undercover detective of the Hollywood Police Department (PD) at Ting Ting Span Inc. . 6. During the course of the massage, Respondent offered to perform manual masturbation on the detective and touched his genitals. 7. Section 480.046(1)(p), Florida Statutes (2016), 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. 8. Section 480.0485, Florida Statutes (2016), prohibits sexual misconduct in the practice of massage and states, in pertinent part, that: sexual misconduct in the practice of massage therapy means 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 . XIAOJING CAO 2016-21689 Page 2 of 6 . the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. 9. Rule 64B7-26.010(1) and (2), Florida Administrative Code (F.A.C.) (2016), absolutely prohibits sexual activity by any person or persons in a massage establishment, and provides that no licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client or to make arrangements to engage in sexual activity with any client. Rule 64B7-26.010(4), |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. 10. Respondent engaged in sexual misconduct by using the massage therapist-patient relationship to induce or attempt to induce a patient to engage, or to engage or attempt to engage a patient, in sexual activity outside XIAOJING CAO 2016-21689 Page 3 of 6 the scope of practice of massage by offering to perform manual masturbation on the detective and by touching the detective’s genitals. 11. Based on the foregoing, Respondent has violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 480.0485, Florida Statutes (2016), and/or Rule 64B7-26.010, F.A.C. 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. [SIGNATURE BLOCK ON THE FOLLOWING PAGE] XIAOJING CAO 2016-21689 Page 4 of 6 SIGNED this 16 day of May, 2017. FILED DEPARTMENT OF HEALTH DEPUTY CL CLERK Amber Greene DATE M AY AT PCP Date: May 10, 2017 CLERK UT Celeste Philip, MD, MPH rgeon General & Secretary Jaquetta Johnson General Counsel secution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0112977 (850) 245-4444, ext. 8186 Jaquetta. Johnson@fihealth.gov PCP Members: Havard/Brooks XIAOJING CAO 2016-21689 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 oer 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. XIAOJING CAO 2016-21689 Page 6 of 6

Docket for Case No: 18-004961PL