STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-10055 ARLENES CORRAL RODRIGUEZ, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Massage Therapy (Board) against, Arlenes Corral Rodriguez, L.M.T., 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 within the State of Florida, having been issued license number MA 60228. 3. Respondent's address of record is 15443 S.W. 184" Street, Miami, Florida 33187. 4. Onor about October 31, 2012, the Board filed Final Order with the Clerk of the Department of Health in case number 2011- 03962. By the terms of the Final Order, Respondent was required to pay an administrative fine of $200.00 and costs of $2,134.22 within twelve months of the filing of the Final Order. 5. On or about August 3, 2015, Respondent was granted a 22 month extension by the Board Chair at that time. The terms of the extension stated that Respondent would make monthly payments of $100. 6. On or about November 18, 2015, Respondent paid the $200.00 fine and $230.00 towards the cost amount. Respondent also paid monthly payments from November 2015 through March 2016. 7. On or about March 9, 2016, Respondent was granted a 24 month extension to pay the referenced fine and costs by the Board Chair at that time. The terms of the extension stated that DOH v. Arlenes Corral Rodriguez, L.M.T. 2 Case No. 2017-10055 Respondent was to make 21 monthly payments of $86.55 and one final payment of $86.67, beginning on June 8, 2016. 8. | Respondent did not begin submitting monthly payments for the costs imposed in case number 2011-03962 on June 8, 2016. 9. Section 480.046(1)(1), Florida Statutes (2015), provides that violating a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department constitutes grounds for discipline by the Board of Massage Therapy. 10. Based on the foregoing, Respondent violated Section 480.046(1)(1), Florida Statutes (2015), by violating a lawful order of the Board. WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or DOH v. Arlenes Corral Rodriguez, L.M.T. 3 Case No. 2017-10055 collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this | day of 2018. Celeste\Philip, M.D., M.P.H. Surgeon General and Secretary DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL. 32399-3265 DEPUTY CLEI Florida Bar Number 93590 crerk ube, (850) 558-9856 pate __JUL 1.7 2018 (850) 245-4684 fax ———— mary.iglehart@flhealth.gov PCP: 7.11.18 PCP Members: Drago & Haynes DOH v. Arlenes Corral Rodriguez, L.M.T. 4 Case No, 2017-10055 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. DOH v. Arlenes Corral Rodriguez, L.M.T. 6 Case No. 2017-10055 Teh Last. 896840.01 LAW OFFICES OF FL Bah $0.47 0 AVELINO J. GONZALEZ, PA. 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Docket for Case No: 18-005045PL