STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2018-17256 ROBERT JAMES BRUSH, L.M.T., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent, Robert James Brush, L.M.T., 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; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice massage therapy in the State of Florida, having been issued license number MA 28761. . | 3. Atall times material to this Complaint, Respondent's address of record was 231 Southeast 12th Avenue, Fort Lauderdale, Florida 33301. 4. Onor about July 4, 2018, Respondent provided massage therapy services to Patient L.W., a female. 5. During the massage, Respondent rested his finger on Patient L.W.‘s labia. 6. During the massage, Respondent. massaged the sides of Patient L.W.’s breasts. 7. Patient L.W. did not consent to Respondent touching, or massaging, her breasts. 8. During the massage, Respondent pushed on Patient L.W.’s feet in a manner that forced her legs open. 9. During the massage, Respondent placed his hands underneath the sheet and massaged Patient L.W.’s breasts and nipples. 10. | At the conclusion of the massage, Respondent ran his hand and fingers down Patient L.W.’s abdomen, over her pubic bone, and down her labia to the middle of her vagina. 11. After the massage was over, Respondent gave Patient L.W. a hug and a kiss on the cheek. Administrative Complaint me Page 2 of 6 DOH v. Robert James Brush, L.M.T. DOH Case No. 2018-17256 12. Respondent's actions were outside the scope of the practice of massage therapy and/or outside the scope of generally accepted examination of treatment of a patient. 13. Section 480.046(1)(p), Florida Statutes (2018), subjects a massage therapist to discipline for violating any provision of Chapters 480 or 456, Florida Statutes (2018), or any rules adopted pursuant thereto. 14. Section 480.0485, Florida Statutes (2018), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as a: 15. [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 examination or treatment of the patient. Rule 64B7-26.010, Florida Administrative Code, provides in pertinent part: (1) Sexual activity by any person or persons in any massage establishment is absolutely prohibited... (3) No licensed 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 Administrative Complaint DOH v, Robert James Brush, L.M.T. DOH Case No, 2018-17256 Page 3 of 6 stimulate either person or both or which is likely to cause such stimulation... 16. Respondent engaged in sexual misconduct by engaging or attempting to engage in sexual: activity outside the scope of the practice of massage therapy or the scope of generally accepted examination or treatment of massage therapy patients in one or more of the following ways: a. By resting his finger on Patient L.W.’s labia; b. By massaging Patient L.W.’s breasts and nipples without Patient L.W.’s informed consent; c. By running his hand and fingers down over Patient L.W.’s pubic bone; and/or d. By running his hand and fingers down Patient L.W.’s labia to the middle of her vagina. 17, Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2018) by violating Section 480.0485, Florida Statutes (2018), and/or Rule 64B7-26.010, Florida Administrative Code. WHEREFORE, Petitioner respectfully requests that the Board 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 Administrative Complaint Page 4 of 6 DOH v. Robert James Brush, L.M.T. , DOH Case No. 2018-17256 : on probation, corrective action, refund of fees billed or collected, remedial education and/or any. other relief that the Board deems appropriate. SIGNED this__ 22° _ day of Pegust- , 2018. PCP: August 22, 2018 Celeste Philip, MD, MPH State Surgeon General and Secretary Ross D. Vickers, Esq. Florida Bar No. 121717 Assistant General Counsel Office of the General Counsel Prosecution Services Unit Florida Department of Health 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 (T) (850) 558-9911 (F) (850) 245-4662 (E) Ross.Vickers@flhealth.gov PCP Members: Christopher Brooks, L.M.T.; Alex Spassoff Administrative Complaint DOH v. Robert James Brush, L.M.T. DOH Case No. 2018-17256 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 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 any other discipline imposed. Administrative Complaint Page 6 of 6 DOH v. Robert James Brush, L.M.T. - : DOH Case No, 2018-17256

Docket for Case No: 19-001865PL