Petitioner: DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY
Respondent: NELSON WILBUR BLOSSER
Judges: E. GARY EARLY
Agency: Department of Health
Locations: Ocala, Florida
Filed: Jul. 29, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 24, 2020.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Ww CASE NO. 2019-51819
NELSON WILBUR BLOSSER, L.M.T.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health (Department) files this Administrative
Complaint before the Board of Massage Therapy (Board) against Respondent
Nelson Wilbur Blosser, 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), and
chapters 456 and 480, Florida Statutes (2019),
2. At all times material to this Complaint, Respondent was licensed
to practice massage therapy within the State of Florida, having been issued
license number MA 16521.
3. At all times material to this Complaint, Respondent's address of
record was 5300 SW 109" Place Road, Ocala, Florida 34476.1
4. At all times material to this Complaint, Respondent was not
employed as a massage therapist.
5. On or about September 29, 2019, Patient S.C., an adult female,
presented for a massage from Respondent.
6. During the massage, Respondent exposed Patient S.C.’s breasts.
7. Patient S.C. did not give Respondent specific informed consent to
expose her breasts.
8. During the massage, Respondent exposed Patient S.C.’s vagina
and buttocks.
9. Patient S.C. did not give Respondent specific informed consent to
expose her vagina and/or buttocks.
10. During the massage, Respondent repeatedly placed his clothed
penis and scrotum in Patient S.C.’s hands.
11. Respondent moaned repeatedly during the massage.
12. Respondent touched Patient S.C.’s groin region.
13. Respondent touched Patient S.C.’s vagina.
1 Respondent may have additional addresses of 10694 SW 67" Avenue, Ocala, Florida and 1111 NE 25%
Avenue, Suite 504, Ocala, Florida 34470.
2
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
14, Respondent placed one or more fingers between Patient S.C.'s
labia.
15. Respondent touched Patient S.C.’s clitoris.
16. Respondent touched the outside of Patient S.C.’s vaginal opening.
17. Respondent spread Patient S.C.’s buttocks and exposed her anus.
18. Respondent touched the area around Patient S.C.’s anus opening.
Count I
19. Petitioner re-alleges and incorporates paragraphs one through
eighteen as if fully set forth herein.
20. Section 480.046(1)(p), Florida Statutes (2019), authorizes the
Board to impose discipline against a licensed massage therapist for violating
any provision of chapters 480 or 456, Florida Statutes, or any rules adopted
pursuant thereto.
21. Section 480.0485, Florida Statutes (2019), prohibits sexual
misconduct in the practice of massage therapy and defines sexual
misconduct, in pertinent part, as:
[V]iolation 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
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
practice or the scope of generally accepted examination or
treatment of the patient.
22. Rule 64B7-26.010, Florida Administrative Code, provides in
pertinent part:
(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 between persons which is intended
to erotically stimulate either person or both or which is likely to cause
such stimulation...
23. Respondent engaged in sexual misconduct and/or sexual activity
with a client in one or more of the following ways:
a.
b.
h.
j.
Exposing Patient S.C.’s breasts;
Exposing Patient S.C.’s genitalia and buttocks;
. Placing his clothed penis and scrotum in Patient S.C.’s hands;
. Moaning repeatedly during the massage;
. Touching Patient S.C.’s groin region;
. Touching Patient S.C.’s vagina;
. Placing his finger(s) between Patient S.C.’s labia;
Touching Patient S.C.’s clitoris;
Touching the outside of Patient S.C.’s vaginal opening;
Spreading Patient S.C.’s buttocks to expose Patient S.C.’s anus;
4
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
and/or
k. Touching the area around Patient S.C.’s anus opening.
24. Based upon the foregoing, Respondent violated section
480.046(1)(p), Florida Statutes (2019), by violating section 480.0485,
Florida Statutes (2019) and/or Rule 64B7-26.010, Florida Administrative
Code.
Count iT
25. Petitioner re-alleges and incorporates paragraphs one through
seven as if fully set forth herein.
26. Section 480.046(1)(i), Florida Statutes (2019), authorizes the
Board to impose discipline against a licensed massage therapist for failing 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.
27. Rule 64B7-30.001, Florida Administrative Code, provides in
pertinent part that that:
The following acts shall constitute the 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:
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
(5) Failure to appropriately drape a client. 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.
28. Respondent failed to drape Patient S.C.’s breasts, vagina, and
buttocks during a massage, without her specific informed consent.
29. Based upon the foregoing, Respondent violated section
480.046(1)(i), Florida Statutes (2019).
. WHEREFORE, Petitioner respectfully requests that the Board enter an
order imposing one or more of the following penalties: permanent revocation
or suspension of Respondeni’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 page follows.)
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
SIGNED this! dayor_(@eed. _, 2000,
Respectfully submitted,
abcd Loy
Linda B. Kipling
Qualified Representative
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK FL DOH Prosecution Services Unit
; 4052 Bald Cypress Way, Bin C-65
CLERK: Cute {Mocs Tallahassee, FL 32399-3265
DATE: __ (P) (850) 558-9861
(F) (850) 245-4662
(E) Linda.Kipling@fihealth.gov
PCP Meeting: March 11, 2020
PCP Members: Drago and Whitridge
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
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 alieged 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 shali
assess costs related to the investigation and prosecution of a
disciplinary matter, which may include attorney hours and costs,
on the Respondent in addition any other discipline imposed.
Administrative Complaint
Dep't of Health v. Nelson Wilbur Blosser, L.M.T.
DOH Case No. 2019-51819
Docket for Case No: 20-003397PL
Issue Date |
Proceedings |
Aug. 24, 2020 |
Order Relinquishing Jurisdiction Without Prejudice and Closing File. CASE CLOSED.
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Aug. 20, 2020 |
Motion to Relinquish Jurisdiction filed.
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Aug. 12, 2020 |
Order of Pre-hearing Instructions.
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Aug. 12, 2020 |
Notice of Hearing by Zoom Conference (hearing set for October 6, 2020; 9:00 a.m.; Ocala).
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Aug. 11, 2020 |
Petitioner's Amended Response to the Initial Order filed.
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Aug. 10, 2020 |
Notice of Serving Petitioner's Response to Initial Order to Respondent filed.
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Aug. 07, 2020 |
Joint Response to Initial Order filed.
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Aug. 03, 2020 |
Notice of Serving Petitioner's Referral Letter, Copy of Administrative Complaint, and Copy of Election of Rights to Respondent filed.
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Aug. 03, 2020 |
Notice of Serving Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production to Respondent filed.
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Jul. 31, 2020 |
Certificate of Service filed.
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Jul. 30, 2020 |
Initial Order.
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Jul. 29, 2020 |
Election of Rights filed.
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Jul. 29, 2020 |
Administrative Complaint filed.
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Jul. 29, 2020 |
Agency referral filed.
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