STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2020-30741 ANTONIO RESTREPO, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health (Department) files this Administrative Complaint before the Board of Massage Therapy (Board) against Respondent Antonio Restrepo, 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 (2020); and chapters 456 and 480, Florida Statutes (2020). 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 89764. 3. Respondent’s address of record is 9897 Liberty Court, Boca Raton, Florida 33434. 4. At all times material to this Complaint, Respondent was employed as a massage therapist at Hand & Stone Massage and Facial Spa (HSMEFS), a massage establishment located in Miami, Florida. 5. On September 17, 2020, Respondent performed a full-body massage on Patient E.H., a woman. 6. During the last five minutes of the massage, Patient E.H. was lying face-up on the massage table, covered by a draping. 7. Respondent reached underneath the draping and rubbed Patient E.H.’s breasts for one-to-two minutes. Respondent rubbed Patient E.H.’s nipples. 8. Patient E.H. immediately asked Respondent to stop the massage and leave the room. 9. | Respondent apologized to Patient E.H., stated that he thought that Patient E.H. was a beautiful woman, and left the room. 10. Patient E.H. did not consent to Mr. Restrepo touching her breasts and/or her nipples. 11. Patient E.H. called HSMFS later in the day and reported Mr. Restrepo’s conduct. 12. HSMES staff confronted Mr. Restrepo about his conduct, and he 2 DOH v. Antonio Restrepo, L.M.T. Case Number 2020-30741 stated, “I did something wrong.” 13. Section 456.072(1)(v), Florida Statutes (2020), authorizes discipline against a massage therapist for engaging or attempting to engage in sexual misconduct as defined and prohibited by section 456.063(1), Florida Statutes (2020). 14. Section 456.063(1) provides that sexual misconduct is a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. 15. Section 480.046(1)(p), Florida Statutes (2020), provides that violating any provision of chapters 480 or 456 or any rules adopted pursuant thereto constitutes grounds for discipline against a massage therapist. 16. Section 480.0485, Florida Statutes (2020), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: [Violation of the massage therapist-patient relationship through which the massage therapist 3 DOH v. Antonio Restrepo, L.M.T. Case Number 2020-30741 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. 17. 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... (2) No licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client, and; (4) Asused 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... 18. Respondent engaged in unlawful sexual activity and/or engaged or attempted to engage in sexual misconduct by rubbing Patient E.H.’s breasts and/or touching her nipples during the massage. 19. Based upon the foregoing, Respondent violated section 456.072(1)(v) and/or violated section 480.046(1)(p), by violating section 480.0485 and/or Rule 64B7-26.010, Florida Administrative Code. WHEREFORE, Petitioner respectfully requests that the Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of 4 DOH v. Antonio Restrepo, L.M.T. Case Number 2020-30741 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. SIGNED this 17 day of _November _, 2020. Scott A. Rivkees, M.D. State Surgeon General Anna R. Norris Anna R. Norris, Esq. Florida Bar No. 65963 Assistant General Counsel Office of the General Counsel Prosecution Services Unit DEPARTMENY Qi HEALTH Florida Department of Health 4052 Bald Cypress Way, Bin #C-65 CLERIC Tallahassee, Florida 32399-3265 NOV 1 8 2029 Telephone: (850) 558-9902 DATE neers Facsimile: (850) 245-4684 Email: Anna.Norris@flealth.gov PCP Date: 11/17/2020 PCP Members: Drago and Brooks DOH v. Antonio Restrepo, L.M.T. Case Number 2020-30741 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 (2020), 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 (2020), 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 (2020), 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 any other discipline imposed. DOH v., Antonio Restrepo, L.M.T. Case Number 2020-30741

Docket for Case No: 21-001205PL