STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO. 2017-15707 XUEMIN YE, L.M.T., Respondent. / ADMINI: ‘TIVE LAI 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 Xuemin Ye, L.M.T., and alleges: 7 | 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 therapict in the State of Florida, having been issued license number MA 80074. DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 3. Respondent's mailing address of record is 423 E. Grand Avenue, San Gabriel, California 91776. 4. On or about August 29, 2017, Agent Q.A., an agent of the Orlando, Florida Metropolitan Bureau of Investigation (‘MBI”), presented to Radiant Chi Health and Wellness, L.L.C. (‘Radiant’), located at 32 N. Bumby Avenue, Orlando, Florida 32803, in an undercover capacity and was greeted by Respondent. Radiant does business as Cherry Blossom Massage & Spa. 5. Respondent performed a massage on Agent Q.A. . 6. During the massage session, Respondent exposed her breast to . Agent Q.A. and pulled up her dress to reveal to him that she was not wearing any underwear. 7. During the massage session, Respondent negotiated for sex with Agent Q.A. 8. During the massage session, Respondent agreed that Agent Q.A. could engage in anal sex with her and ejaculate into her mouth for $200.00. DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 COUNT I 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. 10. Section 480.046(1)(p), Florida Statutes (2017), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of ¥ Massage Therapy. 11. Section 480.0485, Florida Statutes (2017), prohibits sexual misconduct in the practice of massage therapy and states, in pertinent part, that: 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 examination or treatment of the patient. 12. Respondent engaged in sexual misconduct by using the massage therapist-patient relationship to induce or attempt to induce a patient to engage, or to engage or attempt to engage a patient, in sexual , DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 activity outside the scope of practice of massage therapy in one or more of the following ways: a. _ by exposing her breast to Agent Q.A.; b. by exposing herself to Agent Q.A. to reveal that she was not wearing any underwear; c. by negotiating with Agent Q.A. for sex, and/or d. by agreeing to engage Agent Q.A. to have anal sex with her and ejaculate into her mouth in exchange for $200.00. 13. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2017), through a violation of Section 480.0485, Florida Statutes (2017). | | COUNT II 14. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set herein. 15. Section 480.046(1)(p), Florida Statutes (2017), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 16. Rule 64B7-26.010(1) and (3) of the Florida Administrative Code ("F.A.C.”) (2017), absolutely prohibits sexual activity by any person or persons in any 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), F.A.C., defines “sexual activity” as: [A]ny direct or indirect physical contact by any person or between person 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. “ 17. Respondent used the therapist-client relationship to arrange to engage or engage in sexual activity with Agent Q.A. in one or more of the following ways: a. by exposing her breast to Agent Q.A.; b. by exposing herself to Agent Q.A. to reveal that she was not wearing any underwear; 5 . DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 c. — by negotiating with Agent Q.A. for sex; and/or d. by agreeing to engage Agent Q.A. to have anal sex with her and ejaculate into her mouth in exchange for $200.00 18. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2017), through a violation of Rule 64B7- 26010(1) and/or (3), F.A.C. (2017). 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. [SIGNATURE BLOCK ON NEXT PAGE] DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 SIGNED this AS Mday of ia , 2018, Celeste Philip, MD, MPH Surgeon General and Secretary Gerald’C. Henley, IT Assistant General Counsel Florida Bar No. 1005574 FILED DEPARTMENT OK DOH Prosecution Services Unit cLeRK: Angel Sanger 4052 Bald Cypress Way, Bin C-65 are: JUN | 28 Tallahassee, FL 32399-3265 Telephone (850) 558-9832 Gerald. Henley@fihealth.gov PCP : 6/27/18 PCP Members: Jennifer Wakeman Pete Whitridge _ DOH v. Xuemin Ye, L.M.T. Case No. 2017-15707 zx 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. 8 DOH v. Xuemin Ye, L.M.T, Case No. 2017-15707

Docket for Case No: 20-000976PL