STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2014-21755 SUN T. AKANA, 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 Sun T. Akana, L.M.T. and 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 a licensed massage therapist in the State of Florida, having been issued license number MA 60503. 3. Respondent's mailing address of record is 7850 Ulmerton Road, #8, Largo, Florida 33771. 4. On or about August 28, 2002, the Maryland State Board of Chiropractic Examiners (Maryland Board) filed a Findings of Fact, Conclusions of Law and Order (Order) in the Matter of Sun T. Akana. 5. By the terms of the Order, the Maryland Board determined that Respondent had committed sexual misconduct with a client, and suspended Respondent’s Maryland Massage Therapy Certificate for three months. 6. Onor about August 13, 2010, Respondent submitted a State of Florida Application for Massage Therapist Licensure (Application) to the Florida Board of Massage Therapy. 7. Under the Professional Licensure section of the Application, Respondent was asked “Have you ever had a license or certificate of registration to practice massage therapy or any other licensed profession revoked, suspended or otherwise acted against (including probation, fine reprimand, or surrender of a license) in a disciplinary proceeding or in response to an investigation in any state?”. In response to the question, Respondent selected “No”. 8. Section 480.046(1)(0), Florida Statutes (2010) provides that violation of any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 9. Section 456.072(1)(h), Florida Statutes (2010), provides that attempting to obtain, obtaining, or renewing a license .to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board shall be grounds for discipline. 10. Based on the foregoing Respondent violated Section 480.046(1)(0), Florida’ Statutes (2010), through a violation of Section 456.072(1)(h), Florida Statutes (2010), when she obtained a license to practice by fraudulent misrepresentation, or through an error of the Department or the Board. 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. SIGNED this 20 day of Neccan pe , 2018. sera SP eam DEPUTY CLERK CLERK: DEC 2 0 2018 DA PCP: 12-19-18 PCP Members: Nixon and Phillips Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Derrick J. McBurrows Assistant General Counsel Florida Bar No. 1002311 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone (850) 558-9906 (850) 245-4684 Fax derrick.mcburrows@flhealth.gov 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.

Docket for Case No: 19-001926PL