STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2014-22284 TINA M. DUTILL, 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, Tina M. Dutill, LMT, and in support thereof alleges: 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 therapist within the State of Florida, having been issued license number MA 35796 on or about April 29, 2002. 3. | Respondent's address of record is 4423 Northwest 6th Place, Gainesville, Florida 32607. 4. On or about August 21, 2006, in the Circuit Court of the Eighth Judicial Circuit in and for Alachua County, Florida, Respondent entered a plea of nolo contendere to and was adjudicated guilty of one count of domestic assault, a misdemeanor. 5. Respondent failed to report her August 21, 2006, conviction to the Board, in writing, within 30 days. COUNT I 6. Petitioner realleges ‘and incorporates paragraphs one (1) through four (4) as if fully set forth herein. 7. Section 456.072(1)(c), Florida Statutes (2006), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for disciplinary action by the Board. 8. Onor about August 21, 2006, in the Circuit Court of the Eighth Judicial Circuit in and for Alachua County, Florida, Respondent entered a DOH v. DUTILL, LMT Page 2 of 5 2014-22284 plea of nolo contendere to and was adjudicated guilty of one count of domestic assault, a misdemeanor. 9. Petitioner’s August 21, 2006, conviction for assault relates to the practice of, or the ability to practice, massage therapy. 10. Based on the foregoing, Respondent violated Section 456.072(1)(c), Florida Statutes (2006). COUNT II 11. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 12. Section 456.072(1)(x), Florida Statutes (2006), provides that 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 constitutes grounds for disciplinary action by the Board. 13. Respondent failed to report her August 21, 2006, conviction to the Board, in writing, within 30 days. 14. Based on the foregoing, Respondent has violated Section 456.072(1)(x), Florida Statutes (2006). DOH v. DUTILL, LMT Page 3 of 5 2014-22284 WHEREFORE, 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, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 224 day of _'@ braary , 2017. Celeste Philip, MD, MPH Surgeon General and Secretary Carrie B. McNamara Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Fla. Bar No. 0062029 FILED . OF HEALTH Telephone: (850) 245-4640 DePADERUTY CLERK Facsimile: (850) 245-4684 CLERK Amber OT Carrie.McNamara@flhealth.gov pATE FEB 2 PCP: 2/22/2017 PCP Members: Havard, Drago DOH v. DUTILL, LMT Page 4 of 5 2014-22284 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. DOH v. DUTILL, LMT Page 5 of 5 2014-22284

Docket for Case No: 20-001736PL