STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2016-27326 STEVEN HENLEY, 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 (hereinafter “Board”) against Respondent, Steven Henley, L.M.T. (hereinafter “Respondent’”) 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 82418. 3. Respondent’s mailing address of record is 122 Hamilton Avenue, Panama City, Florida 32401. 4. On or about October 24, 2016, Respondent performed a massage on client J.H. (hereinafter “Client”). 5. Respondent failed to explain the draping technique used during the course of the massage to Client. 6. Respondent exposed Client’s buttocks and breasts during the course of the massage, without the consent of Client. 7. Respondent fondled Client’s groin area and her left breast during the course of the massage. COUNT I ' 8. Petitioner realleges and Incorporates paragraphs | one (1) through six (6) as if fully set forth herein. 9. Section 480.046(1)(i), Florida Statutes (2016), provides that the failure to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances constitute grounds for discipline by the Board. Page 2 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326 10. Rule 64B7-30.001 (4) and (5), Florida Administrative Code (2016), states that a therapist’s failure to explain expected draping techniques to a client and/or to appropriately drape a client constitutes a failure to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances. 11. Appropriate draping of a client shall include draping of the buttocks and genitalia of all clients, and breasts of female clients, unless the client gives specific informed consent to be undraped. Rule 64B7- 30.001 (5), Florida Administrative Code (2016). 12. Respondent failed to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances, in one or both of the following ways: a. By failing to explain the draping technique used during the course of the massage to Client; and/or b. By exposing Client’s buttocks and breasts during the course of the massage, without the consent of Client. Page 3 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326 13. Based on the foregoing, Respondent violated Section 480.046(1)(1), Florida Statutes (2016), by failing to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances. COUNT II 14. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 15. Section 480.046(1)(p), Florida Statutes (2016), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 16. Section 480.0485, Florida Statutes (2016), provides that the massage therapist-patient relationship is founded on mutual trust. 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 the patient, in sexual activity outside the scope of practice or the scope of generally accepted . Page 4 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326 examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited. 17. Respondent violated the massage therapist-patient relationship by engaging or attempting to engage the client in sexual activity in one or both of the following ways: a. By exposing Client’s buttocks and breasts during the course of the massage, without the consent of Client; and/or b. By fondling Client's groin area and her left breast during the course of the massage. 18. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 480.0485, Florida Statutes (2016), by violating the patient-therapist relationship by engaging or attempting to engage a client in sexual activity. COUNT ITI 19. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 20. Section 480.046(1)(p), Florida Statutes (2016), provides that a massage therapist is subject to discipline for violating any provision of this chapter or Chapter 456, or any rules adopted pursuant thereto. Page 5 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.; 2017-27326 21. Rule 64B7-26.010, (1) and (3) of the Florida Administrative Code (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), defines “sexual activity”, pertinent part as” (4) [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. 22. Respondent used the massage therapist-patient relationship to engage in sexual activity with the client by direct and/or indirect physical contact with the client in one or both of the following ways: a. By exposing Client’s buttocks and breasts during the course of the massage, without the consent of Client; and/or b. By fondling Client's groin area and her left breast during the course of the massage. Page 6 of 9 DOH v. STEVEN HENLEY, L.M.T, Case No.: 2017-27326 23. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Rule 64B7- 26.010(1) and (3), Florida Administrative Code (2016), using the massage therapist-patient relationship to engage in sexual activity with a client by direct and/or indirect physical contact with a client. WHEREFORE, the Petitioner respectfully requests that the Board 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. [SIGNATURE PAGE TO FOLLOW] Page 7 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326 ro HEALTH ARTMENT OF DEP DEPUTY CLERK CLERK Amber Greene pate NOV 0 5 2018 PCP: 10.31.18 PCP Members: Drago & Havard DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326 SIGNED this 5th day of November, 2018. Celeste Philip, MD, MPH Surgeon General and Secretary [s/ Christina Arzillo Shideler Christina Arzillo Shideler Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 90869 (850) 558-9844 (850) 245-4684 fax Christina.Shideler@flhealth.gov Page 8 of 9 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. Page 9 of 9 DOH v. STEVEN HENLEY, L.M.T. Case No.: 2017-27326

Docket for Case No: 19-000269PL