STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-49314 ALEXANDER CHRISTIAN HYMAN, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent Alexander Christian Hyman, 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 (2019); chapter 456, Florida Statutes (2019); and chapter 480, Florida Statutes (2019). 2. At all times material to this Complaint, Respondent was licensed © to practice as a massage therapist within the State of Florida, having been issued license number MA 82235. 3. At all times material to this Complaint, Respondent's address of record was 1830 Aster Drive, Winter Park, Florida 32792. 4. At all times material to this Complaint, Respondent worked at Hand and Stone Massage and Facial Spa (HSMFS), located in Winter Springs, Florida. 5. Onor about June 1, 2019, Respondent performed a massage on Client T.P., a 27-year-old female. 6. During the massage, Client T.P. was completely undressed with a sheet covering her back. 7. Respondent began the massage with Client T.P. lying on her stomach. 8. | Respondent massaged Client T.P.’s glutes and legs. 9. | While Respondent massaged Client T.P.’s leg, he moved his hand higher toward Client T.P.’s inner thigh. 10. Respondent touched Client T.P.’s vaginal area several times with his fingers while massaging her thighs and glutes. 11. Later during the massage, Respondent instructed Client T.P. to turn over and lie on her back. 12. After Client T.P. turned over onto her back, Mr. Hyman grabbed Client T.P.'s hips, placed his hand under the sheet and pressed on Client DOH v. Alexander Christian Hyman, L.M.T. 2 DOH Case Number 2019-49314 T.P.’s vaginal area. 13. the scope of generally accepted examination or treatment of a patient. 14. massage therapist to discipline for violating any provision of chapters 480 or Respondent's actions were outside the scope of practice and/or Section 480.046(1)(p), Florida Statutes (2018), subjects a 456 or any rules adopted pursuant thereto. 15. misconduct in the practice of massage therapy and defines sexual Section 480.0485, Florida Statutes (2018), prohibits sexual misconduct, in pertinent part, as a: 16. [Vjiolation 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 DOH v. Alexander Christian Hyman, L.M.T. DOH Case Number 2019-49314 between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation... 17. Respondent engaged in unlawful sexual activity, and engaged or attempted to engage in sexual misconduct by brushing, rubbing against, and/or touching Client T.P.’s vaginal area. 18. Based on the foregoing, Respondent violated 480.046(1)(p) by violating section 480.0485 and/or Rule 64B7-26.010. WHEREFORE, Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE BLOCK ON NEXT PAGE] DOH v. Alexander Christian Hyman, L.M.T, 4 DOH Case Number 2019-49314 SIGNED this Z3neday of FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: DATE: JAN 2 3 2020 PCP: January 23,2020 PCP Members: Victoria Drago, LMT , 2020. Scott A. Rivkees, ‘M.D. State Surgeon Genera < Gerald C. Henley, II, Esq. Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 558-9832 TELEPHONE (850) 245-4684 FAX Florida Bar No. 1005574 Gerald.Henley @flhealth.gov & Bridget Burke- Wammack DOH v. Alexander Christian Hyman, L.M.T. DOH Case Number 2019-49314 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 pursuant to 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 to any other discipline imposed. DOH v. Alexander Christian Hyman, L.M.T. 6 DOH Case Number 2019-49314

Docket for Case No: 20-002918PL