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DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs LI ZHAO, LMT, 19-000076PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000076PL Visitors: 9
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: LI ZHAO, LMT
Judges: LINZIE F. BOGAN
Agency: Department of Health
Locations: Altamonte Springs, Florida
Filed: Jan. 07, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 26, 2019.

Latest Update: Jul. 04, 2024
STATE OF FLORIDA - BOARD OF MASSAGE THERAPY - DEPARTMENT OF HEALTH, Petitioner, ve a CASE NO, 2012-17264 LI ZHAO, 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 Li Zhao, 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 52952, 3. | Respondent’s mailing address of record is 445 Douglas Avenue, #2205.L, Altamonte Springs, Florida 32714. 4, On or - about January 14, 2013, in the County Court of the Ninth Judicial Circuit in and for Orange County, Florida, in Case No, 2012-MM- ~ . 009549-A-O, Respondent pled nolo contendere to one count of disorderly conduct. 5. According to the Information filed | in the referenced criminal case, on or about July 27, 2012, Respondent offered to engage in sexual activity with a law enforcement officer in exchange for money, ‘while ‘employed as a massage therapist at Far Orient Massage, located at 1011 ‘North Mills Avenue, Orlando, Florida. 6. Section 480.046(1}(c), Florida Statutes (2012), provides that- being convicted or found guilty, regardless ad adjudication, of a crime in any jurisdiction which directly relates to the practice of massage or. to the ability to practice massage constitutes grounds for disciplinary action: “Any plea of nolo contendere shall be considered a conviction for purposes of this chapter. ~W 7. Respondent was convicted of a crime directly related to the practice of massage therapy, by entering a plea of nolo contendere to disorderly conduct. re 8. ‘Based on the foregoing, Respondent violated Section - 480.046(1)(c), Florida Statutes (2012), by entering a plea of nolo contendere to a crime. directly related to the practice of _massage-or-the ability to practice massage. a co mee . a 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, w . SIGNED this {St day of 2013. John H. Armstrong, MD, FACS State Surgeon General and Secretary DEPARTMENT OF HEALTH Assistant General-Counset DATE J Tee DOH Prosecution Services Unit. ae 4052: Bald Cypress Way, Bin C-65. “Tallahassee, Fi: 32399- 3265 Florida Bar # 0250340 ~ « (850) 245-4444, ext. 8163 (850) 245-4681 fax PCP: 07/11/13 -PCP Members: Harrison & Nixon NOTICE OF: ‘RIGHT Ss | . Respondent ‘has the right . te 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’cali and cross-examine witnesses and to have subpoena and ‘subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COST: Ss Respondent is placed ‘on. notice that_Petitioner-has-incurred ~¢osts 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. ve nnn a

Docket for Case No: 19-000076PL
Issue Date Proceedings
Feb. 26, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 26, 2019 Unopposed Motion to Relinquish Jurisdiction without Prejudice filed.
Feb. 25, 2019 Joint Motion for Extension of Time to File the Joint Pre-hearing Stipulation filed.
Feb. 22, 2019 Order Granting Motion to Amend Administrative Complaint
Feb. 18, 2019 Unopposed Motion to Relinquish Jurisdiction filed.
Feb. 11, 2019 Amended Notice of Taking Deposition of Respondent filed.
Feb. 11, 2019 Notice of Taking Deposition of Respondent filed.
Jan. 18, 2019 Order Accepting Qualified Representative.
Jan. 16, 2019 Order of Pre-hearing Instructions.
Jan. 16, 2019 Notice of Hearing by Video Teleconference (hearing set for March 7, 2019; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
Jan. 14, 2019 Joint Response to Initial Order filed.
Jan. 10, 2019 Motion to Appear as Qualified Representative filed.
Jan. 08, 2019 Notice of Serving Petitioner's First Request for Production, First Set of Interrogatories and First Request for Admissions to Respondent filed.
Jan. 08, 2019 Initial Order.
Jan. 07, 2019 Administrative Complaint filed.
Jan. 07, 2019 Answer to Administrative Complaint filed.
Jan. 07, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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