STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2015-18578 DEZHU REN, LMT, RESPONDENT. . ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against Respondent, Dezhu Ren, LMT, 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 ail times material to this Complaint, Respondent was a licensed massage therapist (LMT) within the state of Florida, having been issued license number MA 70734. 3. Respondent’s address of record is 30 Monroe Street, AJ-6, New York, New York 10002. 4. In 2014, the Polk County Sheriffs Office (Sheriff's Office) began investigating the massage establishment where Respondent was employed after receiving numerous complaints about illegal sexual activity occurring within the establishment. 5. On or about March 5, 2014, an undercover officer, J.R. (Officer J.R.) presented at Respondent’s place of employment, posing as a client. | 6. Officer J.R. paid $70.00 for a one-hour massage’ and Respondent walked Officer J.R. into a separate room and instructed him to remove his clothing. 7. When Officer J.R. stated-that he did: not-want to remove his underwear, Respondent asked him again to remove his’ underwear. 8. Officer J.R. did not remove his underwear and laid down on his stomach on the massage table. . 9. During the massage, Respondent pulled down Officer J.R.’s underwear, exposing his buttocks, and began massaging his buttocks and inner thigh area near his genitals. DOH vy. Dezhu Ren, LMT Case No, 2015-18578 10. While Respondent was massaging Officer J.R.’s inner thighs, she again asked him to remove his underwear and began tugging on it. 11. Respondent then removed Officer J.R.'s underwear and threw it across the room. 12. Officer J.R. did not ask or agree to have his underwear removed. | 13. Respondent then asked Officer J.R. to turn over onto his back. Officer J.R. did so, and Respondent covered his genitals with a towel. 14. Respondent then took Officer J.R.’s hand and placed it on his penis, pointed at him, and said, “You?” This implied that he should manually manipulate it-himself. 15. Officer J.R. responded, “No, you,” and pointed at Respondent. 16. - Respondent pointed at herself and asked again, “You?,” to which Officer J.R. responded, “Yeah, you,” and pointed at his own penis. DOH v. Dezhu Ren, LMT Case No. 2015-18578 17. Respondent then walked away from the table, returned, and grabbed Officer J.R.’s penis with both of her hands. 18. Officer J.R. stopped Respondent from .proceeding and notified the police surveillance units through a covert audio recording device, 19. Respondent was then placed under arrest. 20. On or about April 16, 2014, Respondent was charged with one count of Permitting Prostitution within a Building for allegedly receiving or agreeing to receive a person to remain in a place, structure or building, to-wit, for the: purpose of prostitution, lewdness or assignation. 21. On or about October 23, 2014, Respondent pled nolo contendere to one count of Permitting Prostitution within a Building, a second degree misdemeanor, in Case Number 53-2014-MM-001847- AQ00-BA, in the County Court of the Tenth Judicial Circuit, in and for Polk County, Florida. Adjudication was withheld. 22. Respondent did not report this plea to the Board, in writing, within 30 days. DOH v. Dezhu Ren, LMT Case No. 2015-18578 COUNT I 23. Petitioner realleges and incorporates paragraphs one (1) through eighteen (18) as if fully set forth herein. 24. Section 480.046(1)(p), Florida Statutes (2013), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. 25. Section 480.0485, Florida Statutes (2013), prohibits sexual misconduct in the practice of massage 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. 26. Respondent engaged in sexual misconduct when she used the massage therapist-patient 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 of massage in one or more of the following ways: DOH v. Dezhu Ren, LMT Case No. 2015-18578 a) When Respondent continued to ask Officer J.R. to remove his underwear even after he stated he did not want to; b) | When Respondent removed Officer J.R.’s underwear without his consent; c) When Respondent placed Officer J.R.’s hand on his penis; d). When Respondent attempted to instruct Officer J.R. to manually manipulate his own penis; and/or e) When Respondent grabbed Officer J.R.’s penis with her hands. 27. Based on the foregoing, Respondent has violated Section 480.046(1)(p), Florida Statutes (2013), through a violation of Section 480.0485, Florida Statutes (2013). | COUNT II 28. Petitioner realleges and incorporates paragraphs one (1) through twenty-one (21) as if fully set forth herein. 29. Section 480.046(1)(c), Florida Statutes (2014), subjects a massage therapist to discipline for being. convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly DOH v. Dezhu Ren, LMT Case No. 2015-18578 relates to the practice of massage or to the ability to practice massage. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter. 30. Respondent pled nolo contendere to Permitting Prostitution within a Building, , 31. The underlying facts of the offense took place in a massage establishment where Respondent was employed, and occurred during the course of a massage. 32. Based on the foregoing, Respondent has violated Section 480.046(1)(c), Florida Statutes (2014). COUNT IIT 33. Petitioner realleges and incorporates paragraphs one (1) through three (3) and.twenty (20) through-twenty-two (22)-as if fully set forth herein, | 34. Section 480.046(1)(p), Florida Statutes (2014), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for which disciplinary action may be taken by the Board of Massage Therapy. DOH v. Dezhu Ren, LMT Case No. 2015-18578 35. Section 456.072(1)(x), Florida Statutes (2014), subjects a massage therapist to discipline for failing to report to the board, in writing, within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. 36. Respondent pled nolo contendere to Permitting Prostitution within a Building on or about October 23, 2014 and did not report this to the Board, in writing, within 30 days. 37. Based on the foregoing, Respondent has violated Section 480.046(1)(p), Florida Statutes (2014), through a violation of Section 456.072(1)(x), Florida Statutes (2014). 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 Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Dezhu Ren, LMT Case No, 2015-18578 sienep this Ht day of Marcle 2016. ee CLERK: pare_2>-Y—-/ be PCP: 3/3/16 John H. Armstrong, MD, FACS Surgeon General and Secretary Assistant4General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0099413 (850) 245-4444 ext. 8178 (850) 245-4684 FAX * PCP Members: Mr. Whitridge & Ms. Havard DOH v. Dezhu Ren, LMT Case No, 2015-18578 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 tinder 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, i in addition to any other discipline imposed. DOH v. Dezhu Ren, LMT Case No. 2015-18578

Docket for Case No: 20-001688PL