| STATE OF FLORIDA ‘DEPARTMENT OF HEALTH DEPARTMENT OF H EALTH, _»P TONER, v. | CASE NO. 2018-17785 AITOR AIZPURUA, LMI, RESPONDENT. Petitioner Depa ment of Health (Department) files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent Aitor Alzpurua, L.M Ty 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 (2018), and Chapters 456 and 480 Florida Statutes (2018). . 2. At all times material to this Complaint, Respondent was licensed to practice massage therapy within the State of Florida, having been issued license number MA 85892. . 3. Atall times material to this Complaint, Respondent’s address of record was 10975 NWj72"™ Terrace, Doral, Florida 33178. 4. Atall times in to this Complaint, Respondent was employed as a massage therapist at Massage Envy in Hollywood, Florida. 5. Onor ~L 14, 2018, Patient L.R., a 48-year-old female, presented to Massage/Envy for a massage with Respondent, 6. Respondent told Patient L.R. that he would try some “Thai n her. Oo message” techniques 7. Patient L.R. laid face down on the massage table, and Respondent climbed up on the table and positioned his body on top of hers. 8. While performing the “Thai massage” techniques on Patient L.R., Respondent pressed his penis against Patient L.R.’s back and his penis became erect. 9. Respondent continued to perform the “Thai massage” techniques on Patient L.R. after his penis became erect. 10. Responden pressed his erect penis against Patient L.R.’s back. © 11. Responden did not disengage from the massage or leave the room when his penis became erect. 1 Thai massage, also commonly known as “yoga massage,” Is a form of assisted yoga performed by the massage therapist, with the lent completely passive throughout. The patient generally remains fully clothed throughout the massage and the massage typically occurs on the floor. 2. Administrative Complaint Dep't of Health v. Aitor Alzpu DOH Case No, 2018-17785 , L.M.T. 12. When ai L.R. told Respondent that she did not want to remain face down onjithe table any longer, Respondent got down off the table and began to massage Patient L.R.’s inner thigh, without her consent. 13. The level of care, skill, and treatment that is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances (standard of care) requires that there be no contact between the genitals of the massage therapist and the patient. 14. respondent failed to meet the standard of care for a massage therapist by pressing 1. penis into Patient L.R.’s back. 15. The snd ( of care requires that, if a message therapist becomes sexually aro sed during a massage, he must cease the massage and leave the treatment room until he is no longer aroused. 16. Respondent failed to meet the standard of care for a massage p. his massage of Patient L.R. and excuse himself therapist by falling to from the room until hé was no longer sexually aroused. 17. The standard of care requires that the massage therapist must not continue to touch la patient while sexually aroused or make the patient aware of the sexual arpusal. Administrative Complaint Dep't of Health v. Aitor Alzpurua, L.M.T. DOH Case No. 2018-17785 7 18, Respondentfailed to meet the standard of care for a massage therapist by continuing; to touch Patient L.R. while he was sexually aroused. 19. Respondent/failed to meet the standard of care for a massage therapist by making Patient L.R. aware of his sexual arousal by pressing his erect penis against hep. Count I -alleges and incorporates paragraphs one through 20. Petitioner ri ten, and twelve, as if fully set forth herein. 21. Section 480.046(1)(p), Florida Statutes (2018), authorizes the Board to impose discipjine against a licensed massage therapist for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. - 22. Section 480.0485, Florida Statutes (2018), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: [V]iolation 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}patlent. Administrative Complaint Deptt of Health v. Aitor Alzpurua, L.M.T. DOH Case No. 2018-17785 23. Rule vor. Florida Administrative. Code, provides in pertinent part: (3) No licenseq massage therapist shall.use the therapist-client relationship to engage in sexual activity with any client and; (4) As.used in this rule, “sexual activity” means any 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 f 24. Respondentliengaged in sexual misconduct and/or sexual activity with a client in one or poe of the following ways: ~ b. Touching Patient L.R.’s inner thigh without her consent. a. Pressing hig penis into Patient L.R.’s back; and/or .25. Based upoh the foregoing, Respondent violated Section 480.046(1)(p), Florid Statutes (2018), by violating Section 480.0485, Florida Statutes (2018) and/or Rule 64B7-26.010, Fiorida Administrative Code. . | . | Count If 26, Petitioner re-alleges and incorporates paragraphs one through eleven, and thirteen through nineteen, as if fully set forth herein. 27. Section 480.046(1)(1), Florida Statutes (2018), authorizes the Board to Impose discipline against a licensed massage therapist for failing to Administrative Complaint Dep't of Health v. Altor Aizpurua, L.M.T. DOH Case No. 2018-17785 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 drcumstances. 28. Respondent failed to meet the standard of care for a massage therapist in one or vt of the following ways: Oo a. Pressing hig penis into Patient LR’s back; b. Making Patient L.R. aware of his erection; 6 Continuing|to touch Patient L.R. while sexually aroused; and/or a on d. Failing to stop the massage and excuse himself from the room until he was no longer sexually aroused. 29. Based upoh the foregoing, Respondent violated Section 480.046(1)(i), Florida Statutes (2018). WHEREFORE, ptitioner respectfully requests that the Board enter an order imposing one or tnore 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 collected, remedial education and/or any gther relief that the Board deems appropriate. , Administrative Complaint Dep't of Health v. Aitor Alzpurud, L.M.T. DOH Case No. 2018-17785 SIGNED this |[14 day becember, 2018, FILED DEPARTMENT OF HEAL DI TH CLERK EPUTY CLERK A mare DEC SHARE a Drago Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Lb VEZ Andrew J. Pietrylo, Jr. Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 118851 (P) (850) 558-9905 (F) (850) 245-4662 (E) Andrew. Pietrylo@flhealth.gov PCP Meeting: eps 11, 2018 PCP Members: Phillips Administrative Complaint Dep't of Health v, Aitor Aizpurua, L.M.T. DOH Case No. 2018-17785 Respondent ha in accordance with to be represented present evidence witnesses and to ha on his or her behalf for an administra received by the Respondent receiv Rule 28-106.111(2) fails to request a Administrative Com " NOTICE OF RIGHTS the right to request a hearing to be conducted ection 120.569 and 120.57, Florida Statutes, counsel or other qualified representative, to nd argument, to call and cross-examine e subpoena and subpoena duces tecum issued if a hearing is requested. A request or petition ive hearing must be in writing and must be epartment within 21 days from the day the Administrative Complaint, pursuant to Florida Administrative Code. If Respondent hearing within 21 days of receipt of this laint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28 request for an adm the material facts Complaint must Administrative Code. Mediation und available to resolve | ior charges contained in the Administrative 106.111(4), Florida Administrative Code. Any nistrative proceeding to challenge or contest nform to Rule 28-106.2015(5), Florida r Section 120.573, Florida Statutes, is not his Administrative Complaint. 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 any other discipline imposed. Administrative Complaint Dep't of Health v. Altor Aizpur: DOH Case No, 2018-17785

Docket for Case No: 19-001509PL