STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-12030 ROBERT BONAVOLTA, L.M.T., 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 (“Board”) against the Respondent, Robert Bonavolta, L.M.T., 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 MA25499. 3. | Respondent's address of record is 4341 9th Place, Vero Beach, Florida 32966. 4. | Onor about May 26, 2018, Respondent performed a massage on Patient C.G., then a sixteen (16) year-old female. 5. At the start of the massage occurring on or about May 26, 2018, Patient C.G. was lying face-down on her stomach, draped with a towel, and was nude, except for thong underwear. 6. | During the course of the massage, Respondent inappropriately touched, rubbed, and/or caressed Patient C.G.’s buttocks with his fingers. 7. During the course of the massage, Respondent told Patient C.G. that she had “very nice gluteus maximus.” 8. During the course of the massage, Respondent touched, rubbed, and/or caressed Patient C.G.’s vagina with his fingers. 9. During the course of the massage, Respondent had Patient C.G. turn over from her stomach to her back. During this transition, Respondent lifted Patient C.G.’s drape upward, towards himself and exposed Patient C.G.’s breasts and/or buttocks. 10. At no point during the massage did Patient C.G. give specific informed consent to be undraped and/or for her breasts, buttocks, and/or DOH v. Robert Bonavolta, L.M.T.; 2019-12030 2 thong underwear to be exposed to Respondent. 11. Inappropriately touching, rubbing, and/or caressing a patient's buttocks with a massage therapist's fingers; telling a patient that they have a very nice gluteus maximus; touching, rubbing, and/or caressing a patient’s vagina with a massage therapist's fingers; and/or undraping and/or exposing a female patient’s breasts, buttocks, and/or thong underwear, constitutes sexual activity outside the scope of massage practice and/or the scope of generally accepted examination or treatment of a massage patient. 12. On or about June 17, 2019, in the County Court of the Nineteenth Judicial Circuit in and for Indian River County, Respondent entered a plea of no contest to, and was adjudicated guilty of, the crime of Battery, in case number 2019MM000671, as prohibited in section 784.03(1), Florida Statutes. 13. Respondent's June 17, 2019, conviction of the crime of Battery related to the inappropriate touching, rubbing, and/or caressing Respondent did to Patient C.G.’s buttocks and/or vagina during the massage Respondent performed on Patient C.G. on or about May 26, 2018. 14. Respondent’s June 17, 2019, no contest plea to the crime of Battery relates to the practice of, or ability to practice, Respondent’s profession as a massage therapist. DOH v. Robert Bonavolta, L.M.T.; 2019-12030 3 15. At all times material to this Complaint, the standard of care for massage therapy required massage therapists to: 1) appropriately drape their clients initially, at the start of the massage; and 2) to take care to ensure that their clients do not become undraped during the course of a massage. 16. Respondent fell below the standard of care during his massage of Patient C.G. by failing to take adequate care to ensure that Patient C.G. did not become undraped during the course of the massage. COUNT I 17. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 18. Section 480.046(1)(p), Florida Statutes (2017), provides that violating any provision of chapter 480 or 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board. 19. Section 480.0485, Florida Statutes (2017), prohibits sexual misconduct in the practice of massage and states, in pertinent part, that: The massage therapist-patient relationship is founded on mutual trust. 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 DOH v. Robert Bonavolta, L.M.T.; 2019-12030 4 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. Sexual misconduct in the practice of massage therapy is prohibited. 20. Rule 64B7-26.010(1) and (3), of the Florida Administrative Code, absolutely prohibits sexual activity by any person or persons in a 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), Florida Administrative Code, defines “sexual activity” as: [A]ny direct or indirect physical contact by any person or between persons 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. 21. Respondent engaged in sexual misconduct in the practice of massage by using the massage therapist-patient relationship to induce or attempt to induce, or to engage or attempt to engage Patient C.G. in sexual activity outside of the scope of practice and/or the scope of generally DOH v. Robert Bonavoita, L.M.T.; 2019-12030 5 accepted examination or treatment of a massage patient, in one or more of the following ways: a. by inappropriately touching, rubbing, and/or caressing Patient C.G.’s buttocks with his fingers; b. _ by telling Patient C.G. that she had a very nice gluteus maximus; c. by touching, rubbing, and/or caressing Patient C.G.'s vagina with his fingers; and/or d. by undraping and/or exposing Patient C.G.’s breasts, buttocks, and/or thong underwear. 22. Based on the foregoing, Respondent violated section 480.046(1)(p), Florida Statutes (2017), through a violation of section 480.0485, Florida Statutes (2017), and/or rule 64B7-26.010(1) and/or (3), Florida Administrative Code. COUNT I 23. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 24. Section 456.072(1)(c), Florida Statutes (2018), provides that being convicted or found guilty of, or entering a plea of guilty or nolo DOH vy. Robert Bonavolta, L.M.T.; 2019-12030 6 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 discipline by the Board. 25. On or about June 17, 2019, Respondent pleaded no contest to the crime of Battery, in violation of section 784.03(1), Florida Statutes, a crime related to the practice or ability to practice massage therapy. 26. Based on the foregoing, Respondent violated section 456.072(1)(c), Florida Statutes (2018), by being convicted of a crime related to the practice of his profession. COUNT ITT 27. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 28. Section 480.046(1)(i), Florida Statutes (2017), provides that gross or repeated malpractice or the failure to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances, constitutes grounds for disciplinary action by the Board. 29. Rule 64B7-30.001(5), Florida Administrative Code (1998), provides that failure to appropriately drape a client, shall constitute the DOH v. Robert Bonavolta, L.M.T.; 2019-12030 7 failure to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances. 30. Rule 64B7-30.001(5), Florida Administrative Code (1998), also provides that appropriate draping of a client shall include draping of the buttocks and genitalia of all clients, and breasts of female clients, unless the client gives specific informed consent to be undraped. 31. Respondent failed to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances when he undraped and/or exposed Patient C.G.’s breasts, buttocks, and/or thong underwear without specific informed consent to do so from Patient CG. 32. Based on the foregoing, Respondent violated section 480.046(1)(i), Florida Statutes (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 Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a DOH v. Robert Bonavolta, L.M.T.; 2019-12030 8 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. SIGNED this _22™ _ day of Januety , 2020. Scott A. Rivkees, MD State Surgeon General! FILED eee Sell DEPARTMENT OF HEALTH chary Bell DEPUTY CLERK Assistant General Counsel . Florida Bar No. 0105735 CLERK: ( h ad Meus ; DOH-Prosecution Services Unit DATE: __jan 22 2628. 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Phone: (850) 245-4666 Fax: (850) 245-4684 E-Mail: zachary.bell@flheaith.gov ZB PCP: January 23, 2020. PCP Members: Victoria Drago, L.M.T.; Bridget Burke, L.M.T. DOH v. Robert Bonavolta, L.M.T.; 2019-12030 9 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 under 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. Robert Bonavolta, L.M.T.; 2019-12030 10

Docket for Case No: 20-002977PL