STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2019-44593 ALEXI ALBERTO MARTINEZ, L.M.T., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Massage Therapy (Board) against Alexi Alberto Martinez, L.M.T., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of massage therapists 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 20098, and worked at Massage and Unwind, located in Hallandale, Florida. 3. Respondent's address of record is 1540 NE 191* Street, Apt. 204, Miami Florida 33179. 4. On October 1, 2019, Patient T.M. was a 31-year-old female. 5. On October 1, 2019, Patient T.M. and her husband S.Y., presented to Massage and Unwind for a couple’s massage. 6. | Respondent performed Patient T.M.’s massage while another massage therapist performed S.Y.’s massage. 7. Patient T.M. and S.Y. received their massages simultaneously while lying on separate tables in the same room. 8. During the massage, while Patient T.M. was lying face up, Respondent moved his hand under the sheet and groped, or grabbed, T.M.’s left breast. 9. Respondent did not obtain Patient T.M.’s specific informed consent before touching her breast. 10. Respondent then placed his hand on Patient T.M.’s chest, slid his hand under the sheet between Patient T.M.’s breasts down and towards her genital area. 11. Respondent placed his hand under Patient T.M.’s underwear and forcefully grabbed, or groped, her pubic bone area with his hand and fingers. DOH v. Alexi Alberto Martinez, L.M.T. 2 DOH Case Number 2019-44593 12. Respondent did not obtain Patient T.M.’s specific informed consent before touching her pubic bone area. 13. Respondent's touching of Patient T.M. was outside the scope of the practice of massage therapy. 14. Section 480.046(1)(p), Florida Statutes (2019), subjects a massage therapist to discipline, including restriction, for violating any provision of chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 15. Section 480.0485, Florida Statutes (2019), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as a: [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. 16. 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... DOH v. Alexi Alberto Martinez, L.M.T. 3 DOH Case Number 2019-44593 (3) 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... 17. Respondent engaged in unlawful sexual activity, and/or engaged or attempted to engage in sexual misconduct in one or more of the following ways: a. Grabbing and/or groping Patient T.M.’s breast without specific informed consent; and/or b. Placing his hand under Patient T.M.’s underwear and grabbing her pubic bone area without Patient T.M.’s specific informed consent. 18. Based on the foregoing, Respondent has 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 of Massage Therapy enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of DOH v. Alexi Alberto Martinez, L.M.T. 4 DOH Case Number 2019-44593 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. SIGNED this “/_ day of (leg , 2020. Réspectfully submitted, FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Amanda Morales & DATE: 5/07/2020 5 a: Linda B. Kipling Qualified Representative DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (p) 850-558-9861 (f) 850-245-4662 (e) Linda.Kipling@@fihealth.gov PCP: May 7, 2020 PCP Members: Drago and Havard NOTICE OF RIGHTS DOH v. Alexi Alberto Martinez, L.M.T. 5 DOH Case Number 2019-44593 NOTICE OF HTS 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. Alexi Alberto Martinez, L.M.T. 6 DOH Case Number 2019-44593

Docket for Case No: 21-001307PL