FLORIDA Board of Massage Therapy MINUTES Rosen Plaza 9700 International Drive Orlando, FL 32819 Bridget Burke-Wammack, LMT, CLT Chair Lydia Nixon, LMT Vice-Chair Christy Robinson Executive Director
THURSDAY, October 23, 2014 1 2 3 * Items with an asterisk are untimed items and may be taken up on either day of the meeting. The meeting was called to order by Ms. Burke-Wammack, Chair, at approximately 9:02 a.m. Those present for all or part of the meeting included the following MEMBERS PRESENT: Bridget Burke-Wammack, LMT, CLT, Chair Sharon Phillips, LMT, AP, DOM Jonathan Walker, LMT Robyn Dohn Havard, PLCS Guery Davis, PhD BOARD COUNSEL: Rachel Clark, Esq. Assistant Attorney General MEMBERS EXCUSED: Lydia Nixon, LMT, Vice-Chair STAFF PRESENT: Christy Robinson, Executive Director Alexandra Alday, Program Operations Administrator Marci Poston, Regulatory Specialist II DEPARTMENT PROSECUTING ATTORNEYS: Sharmin Hibbert, Esq., Assistant General Counsel Oaj Gillani, Esq., Assistant General Counsel COURT REPORTER: Dempsey Berryhill Phone: 813.229.8225 4 5 Please note the minutes reflect the actual order agenda items were discussed and may differ from the agenda outline. AUDIO from this meeting can be found online: www.floridasmassagetherapy.gov/meeting-information. 6 7 8 9 10 11 12 13 14 15 16 17 18 DISCIPLINARY PROCEEDINGS Informal Hearings If the Respondent was present the board, as appropriate, accepted unanimously the following motions: 1) The Department asks that you find the Respondent was properly served and that an informal hearing was requested. 2) The Department asks that you adopt the findings of fact as set forth in the Administrative Complaint; 3) The Department asks that you adopt the conclusions of law as set forth in the Administrative Complaint; 4) The Department asks that you accept the case materials and any materials in the addendum into evidence as a part of the record and find that this constitutes a violation of the practice act. If the Respondent was not present, the board, as appropriate, accepted unanimously the following motion: 1) The Department asks that you accept the investigative report into evidence for the purpose of imposing a penalty. 2) The Department asks you find the Respondent was properly served and an informal hearing was requested. 3) The Department asks that you adopt the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act. 19 20 21 22 1. JESSINA F. SOTOMAYOR, LMT, CASE # 2014-01354 PCP: Harrison & Havard Ms. Hibbert represented the Department and presented the case to the board. Ms. Havard was recused due to Florida Board of Massage Therapy Page 2 of 21
23 24 25 26 27 28 Allegations of the Administrative Complaint: Sections 480.046(1)(p) through 480.047(1)(a), F.S. Action Taken: Ms. Burke-Wammack made a motion to impose the following penalty: Reprimand Pay $400 fine within 90 days of the filed final order Pay $1,021.99 costs within 90 days of the filed final order Motion seconded by Mr. Walker, which passed 5/0. 29 30 31 32 33 34 35 36 37 38 39 40 Settlement Agreements 2. RELAX MASSAGE, CASE # 2013-11415 PCP: Harrison & Walker Ms. Gillani represented the Department and presented the case to the board. Mr. Walker was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(p), through 480.047(1)(c) F.S. Action Taken: Ms. Burke-Wammack made a motion to reject the Settlement Agreement. Motion seconded by Ms. Phillips which passed 3/1with Ms. Havard opposing the motion and Mr. Walker recused. The motion was rescinded and the following final action was taken. Final Action Taken: Ms. Havard made a motion to accept the Settlement Agreement and impose investigative costs totaling $1,413.95. Motion seconded by Mr. Davis and passed unanimously with Mr. Walker recused. 41 42 43 44 45 46 47 48 49 3. FANG FANG ESSENTIAL MASSAGE DAY SPA, PCP: Smallwood & Havard CASE # 2014-06554 Ms. Gillani represented the Department and presented the case to the board. Ms. Havard was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), and 480.047(1)(c) F.S. Action Taken: Ms. Burke-Wammack made a motion to accept the Settlement Agreement and impose investigative costs in the amount of $407.45 to be paid within 1 year. Motion seconded by Mr. Walker and passed unanimously with Ms. Havard recused. 50 51 52 53 54 Notice of Withdrawal of Settlement Agreement 73. WEI HAO, LMT, CASE # 2012-11915 PCP: Haynes & Buckley Respondent was not present, counsel Allen Grossman, Esq. was present. Action Taken: Ms. Phillips made a motion to reconsider the Settlement Agreement. Motion seconded by Ms. Havard and passed unanimously. Florida Board of Massage Therapy Page 3 of 21
55 56 Additional Action Taken: Ms. Phillips made a motion to dismiss the case. Motion seconded by Ms. Havard and passed unanimously. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Voluntary Relinquishments Ms. Burke-Wammack made a motion to accept the following voluntary relinquishments items 4 through 14. Motion seconded by Mr. Walker and passed unanimously 4. DIEGO VILA, LMT CASE # 2013-17210 PCP: Waived 5. ARTISTIC EXPRESSIONS DAY SPA, INC., CASE # 2014-00156 PCP: Waived 6. DAYLEANN M. VALLEJO, LMT, CASE # 2013-13017 PCP: Waived 7. EMILIO GOMEZ, LMT, CASE # 2013-11411 PCP: Waived 8. JHONNATHAN A. BLAIR, LMT, CASE# 2014-01388 PCP: Waived 9. BRANDI M. ZEIGLER, LMT, CASE # 2014-00042 PCP: Waived 10. BOHUA ZHANG, LMT, CASE # 2013-01434 PCP: Waived 11. XIAOLI CONG, LMT, CASE # 2013-00074 PCP: Waived 12. SHAWN F. CHACO, LMT, CASE # 2013-19676 PCP: Waived 13. XIANHUI LIU, LMT, CASE# 2013-00399 PCP: Waived 14. TERESA ZHANG, LMT, CASE # 2013-01459 PCP: Waived 71 72 73 74 15. MADELAINE OSORIA, LMT, CASE # 2013-01219 PCP: Smallwood & Burke-Wammack Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Havard made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously and Ms. Burke-Wammack recused. 75 76 77 78 16. WELL-CARE REHAB SERVICES, INC., CASE # 2013-1237 PCP: Smallwood & Burke-Wammack Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Havard made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously and Ms. Burke-Wammack recused. 79 80 81 82 17. DAYLEANN M. VALLEJO, LMT, CASE # 2013-09250 PCP: Smallwood & Phillips Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously and Ms. Phillips recused. 83 84 85 86 87 18. MARCUS G. MCCARTY-TOWERS, LMT, PCP: Smallwood & Walker CASE # 2014-00610 Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Phillips made a motion to accept the voluntary relinquishment. Motion seconded by Ms. Burke-Wammack which passed unanimously and Mr. Walker recused. Florida Board of Massage Therapy Page 4 of 21
88 89 90 91 19. BRANDY M. VINEY, LMT, CASE # 2013-20239 PCP: Harrison & Havard Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously and Ms. Havard recused. 92 93 94 95 20. ASHLEY N. GONZALEZ, LMT, CASE # 2013-17248 PCP: Harrison & Havard Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously and Ms. Havard recused. 96 97 98 99 74. MEI YING XUE, LMT, CASE # 2012-13996 PCP: Harrison & Nixon Respondent was not present, nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to accept the voluntary relinquishment. Motion seconded by Mr. Walker which passed unanimously. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Determination of Waivers 21. COURTENAY J. MADSEN, LMT, CASE # 2014-01419 PCP: Harrison & Havard Ms. Gillani represented the Department and presented the case to the Board. Ms. Havard was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(p), 480.047(1)(a), and 480.046(1)(n) F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Burke-Wammack moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Burke-Wammack made a motion to impose the following penalty: Reprimand Pay $400 fine within 1 year of the filed final order Pay $660.06 costs within 1 year of the filed final order Motion seconded by Mr. Walker which passed unanimously and Ms. Havard recused. Florida Board of Massage Therapy Page 5 of 21
121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 22. RONALD D. BRUINIUS, LMT, CASE # 2013-20200 PCP: Harrison & Phillips & CASE # 2013-19495 Ms. Gillani represented the Department and presented the case to the Board. Ms. Phillips was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), and 480.0485 F.S., and Rule 64B7-26.010(1)(3) and (4), F.A.C. purpose of imposing a penalty. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Burke-Wammack made a motion to impose the following penalty: Revocation Pay $2,500 fine Pay $1,711.91 costs Motion seconded by Mr. Walker which passed unanimously and Ms. Phillips recused. 142 143 144 145 146 147 148 149 150 151 152 153 154 155 23. NAPTHALIE R. NARCISSE, LMT, CASE # 2014-01709 PCP: Harrison & Walker & CASE # 2014-02443 Ms. Gillani represented the Department and presented the case to the Board. Mr. Walker was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 480.046(1)(p) F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Ms. Burke-Wammack and passed unanimously. Florida Board of Massage Therapy Page 6 of 21
156 157 158 159 160 161 162 Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. Final Action Taken: Ms. Havard made a motion to impose the following penalty: Revocation Pay $2500 fine Pay $2,899.27 costs Motion seconded by Mr. Davis which passed unanimously and Mr. Walker recused. 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 24. LIXIA YANG, LMT, CASE # 2014-04060 PCP: Harrison & Walker Ms. Gillani represented the Department and presented the case to the Board. Mr. Walker was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 480.0485 F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. Additional Action Taken: The Department asked the board to the findings of fact and conclusions of law as set forth in the Administrative Complaint, and find that this constitutes a violation of the practice act. Ms. Havard moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. Final Action Taken: Ms. Havard made a motion to impose the following penalty: Revocation Pay $2500 fine Pay $2,899.27 costs Motion seconded by Mr. Davis which passed unanimously and Mr. Walker recused. 182 183 184 185 186 187 188 189 25. FABIAN P. CHANOZ, LMT, CASE # 2013-09369 PCP: Harrison & Walker Ms. Hibbert represented the Department and presented the case to the Board. Mr. Walker was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(k) F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. Florida Board of Massage Therapy Page 7 of 21
220 190 191 192 193 194 195 196 197 198 199 waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. Final Action Taken: Ms. Havard made a motion to impose the following penalty: Suspension of license until costs of previous order are paid to date Pay $137.25 costs within 1 year of the filed final order Motion seconded by Ms. Burke-Wammack which passed unanimously and Mr. Walker recused. 200 201 26. DUSTIN P. DUNCAN, LMT, CASE # 2014-03710 PCP: Smallwood & Havard This item was previously pulled from the agenda. 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 27. CARLOS I. VICTORIA, LMT, CASE # 2013-16131 PCP: Smallwood & Phillips Ms. Hibbert represented the Department and presented the case to the Board. Ms. Phillips was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(k), F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Mr. Walker moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Davis and passed unanimously. Final Action Taken: Ms. Havard made a motion to impose the following penalty: Suspension of license until costs of previous order are paid to date Pay $896.24 costs within 1 year of the filed final order Motion seconded by Mr. Walker which passed unanimously and Ms. Phillips recused. Florida Board of Massage Therapy Page 8 of 21
221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 28. KETTY D. GONZALEZ, LMT, CASE # 2012-06363 PCP: Smallwood & Burke-Wammack Ms. Hibbert represented the Department and presented the case to the Board. Ms. Burke-Wammack was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(ll) F.S. Action Taken: Ms. Phillips made a motion to hear this case as a waiver. Motion seconded by Mr. Walker and passed unanimously. Action Taken: Ms. Phillips made a motion to find that the Respondent was properly served. Motion seconded by Mr. Walker and passed unanimously. purpose of imposing a penalty. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Phillips made a motion to impose the following penalty: Revocation Pay $985.83 costs Motion seconded by Mr. Walker which passed unanimously with Ms. Burke-Wammack recused. 243 244 245 246 247 248 249 250 251 252 253 29. CATHERINE M. GEITNER, LMT, CASE # 2013-10593 PCP: Smallwood & Burke-Wammack Ms. Gillani represented the Department and presented the case to the Board. Ms. Burke-Wammack was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(k),F.S. purpose of imposing a penalty. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Florida Board of Massage Therapy Page 9 of 21
254 255 256 257 258 259 260 Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Phillips made a motion to impose the following penalty: Suspension of license until costs of previous order are paid to date Pay $305.72 costs Motion seconded by Mr. Walker which passed unanimously and Ms. Burke-Wammack recused. 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 30. MYONG N. GATES, LMT, CASE # 2013-09379 PCP: Smallwood & Burke-Wammack Ms. Gillani represented the Department and presented the case to the Board. Ms. Burke-Wammack was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(a), F.S. purpose of imposing a penalty. Mr. Walker moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Phillips moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. Action Taken: Mr. Walker made a motion to impose the following penalty: Revocation Motion seconded by Ms. Havard which passed unanimously and Ms. Burke-Wammack recused. 278 279 280 281 282 283 284 285 286 287 75. XIA LIU, LMT, CASE # 2012-12934 PCP: Haynes & Buckley Ms. Gillani represented the Department and presented the case to the Board. Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(h), and 456.072(1)(w) F.S. purpose of imposing a penalty. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Florida Board of Massage Therapy Page 10 of 21
288 289 290 291 292 293 Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Mr. Walker made a motion to impose the following penalty: Revocation Motion seconded by Ms. Burke-Wammack which passed unanimously. 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 76. LIJUAN FANG, LMT, CASE # 2012-11858 PCP: Haynes & Buckley Ms. Gillani represented the Department and presented the case to the Board. Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(h), 456.072(1)(w), 480.041(1)(b), F.S. purpose of imposing a penalty. Ms. Havard moved on the Department s request. Motion seconded by Ms. Phillips and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Havard made a motion to impose the following penalty: Revocation Pay $2,254.50 costs Motion seconded by Mr. Walker which passed unanimously. 312 313 314 315 316 317 318 319 77. GUOZHEN SHANG, LMT, CASE # 2012-13667 PCP: Harrison & Nixon Ms. Hibbert represented the Department and presented the case to the Board. Ms. Nixon was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(h), 456.072(1)(w), F.S. purpose of imposing a penalty. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Florida Board of Massage Therapy Page 11 of 21
320 321 322 323 324 325 326 327 328 329 waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Burke-Wammack moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Phillips made a motion to impose the following penalty: Revocation Pay $1,422.07 costs Motion seconded by Ms. Havard which passed unanimously. 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 78. YAN YANG-GONZALEZ, LMT, CASE # 2012-14000 PCP: Harrison & Nixon Ms. Hibbert represented the Department and presented the case to the Board. Ms. Nixon was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(h), 456.072(1)(w), 480.041(1)(b), F.S. purpose of imposing a penalty. Ms. Burke-Wammack moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Phillips moved on the Department s request. Motion seconded by Ms. Havard and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Burke-Wammack made a motion to impose the following penalty: Revocation Pay $398.66 costs Motion seconded by Ms. Havard which passed unanimously. 349 350 351 352 353 354 79. XIONG ZHEN TANG, LMT, CASE # 2012-13781 PCP: Harrison & Nixon Ms. Hibbert represented the Department and presented the case to the Board. Ms. Nixon was recused due to Allegations of Administrative Complaint: Sections 480.046(1)(o), 456.072(1)(h), 456.072(1)(w), 480.041(1)(b), F.S. Florida Board of Massage Therapy Page 12 of 21
386 355 356 357 358 359 360 361 362 363 364 365 366 367 purpose of imposing a penalty. Ms. Phillips moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. waived the right to a formal hearing (either by failing to respond at all or timely). Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Ms. Havard moved on the Department s request. Motion seconded by Mr. Walker and passed unanimously. Final Action Taken: Ms. Phillips made a motion to impose the following penalty: Revocation Pay $402.54 costs Motion seconded by Ms. Havard which passed unanimously. 368 369 370 371 372 373 374 375 Recommended Order 80. HONG YANG, LMT, CASE # 2013-19668 PCP: Smallwood & Phillips DOAH CASE# 14-3041 PL Respondent was not present, counsel of record Alex Yu, Esq., was not present. The Department was represented by Ms. Hibbert, Esq., Assistant General Counsel. Ms. Clark explained the Recommended Order was before the Board for final action and explained the process for reviewing the Recommended Order. Ms. Hibbert presented the case to the Board for final action in consideration of the DOAH recommended order. The department filed a three count administrative complaint alleging in: 376 377 378 Count I violation of sections 480.046(1)(o) and 480.0485, F.S.; Count II violation of sections 480.046(1) (p), 456.072(1) (v) and 456.063(1), F.S. Count III violation of section 480.046(1)(p), F.S., and Rule 64B7-28.008(1), F.A.C. 379 380 381 382 383 384 Ms. Hibbert advised the Division of Administrative Hearings (DOAH) recommended the Board of Massage Therapy enter a final order finding Respondent not guilty of the offenses charged in the administrative complaint. Final Action Taken: After discussion, a motion was made by Mr. Walker to accept the Findings of Fact and the Conclusions of Law in the Recommended Order, and impose revocation and $2,500 fine. Motion seconded by Ms. Havard, which passed unanimously. 385 (recess at 5:22 p.m.) Florida Board of Massage Therapy Page 13 of 21
FRIDAY, October 24, 2014 387 ADMINISTRATIVE PROCEEDINGS 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 Applicants with History 31. Adriana Delgado Rocero Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Phillips moved to grant the license unencumbered. Motion seconded by Ms. Havard, which passed unanimously. 32. Stacy Renee Delisa Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Havard moved to grant the license unencumbered. Motion seconded by Mr. Walker, which passed 4/1 with Ms. Burke-Wammack opposing the motion. 33. Harold Rodolfo Espinosa Perez Applicant was not present, nor represented by counsel. Action Taken: After discussion, Ms. Phillips moved to grant the license unencumbered. Motion seconded by Ms. Havard, which passed unanimously. 34. David Gagne Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Phillips moved to require an appearance before the board at one of the next two upcoming board meetings. Motion seconded by Ms. Havard, which passed unanimously. 35. Zhongli Gu Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Phillips moved to require an appearance before the board at one of the next two upcoming board meetings. Motion seconded by Mr. Walker which passed unanimously. 407 408 409 410 411 36. Robert T. Johnson Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack moved to require an appearance before the board at one of the next two upcoming board meetings. Motion seconded by Ms. Phillips, which passed unanimously. 37. Hak Woo Lee Florida Board of Massage Therapy Page 14 of 21
412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Burke-Wammack moved to deny the license for public safety concerns with cupping and heat lamps. Motion seconded by Mr. Walker and failed with Ms. Havard, Ms. Phillips and Mr. Davis opposing the motion. Additional Action Taken: After discussion, Ms. Phillips moved to grant the license on probationary status with the terms of no cupping or heat lamps for two years. Motion seconded by Ms. Burke-Wammack, which passed unanimously. 38. Hui Lin Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Burke-Wammack moved to deny the application as the transcript having been identified as fraudulent. Motion seconded by Mr. Walker which passed 3/2, with Ms. Havard and Ms. Phillips opposing the motion. 39. Cai Zhu Mei Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Motion seconded by Ms. Phillips, which passed unanimously. 40. Heng Bin Sun Applicant was present with interpreter, Bin Liang. Applicant and interpreter were sworn in by the court reporter. Action Taken: After discussion, Ms. Burke-Wammack moved to table the item for the applicant to provide a self-explanation. Motion seconded by Mr. Walker, which passed unanimously. 41. Mikal Temkin Applicant was present without counsel. Applicant was sworn in by the court reporter. Action Taken: After discussion, Mr. Temkin requested to withdraw the application and be issued a refund. 42. Yafeng Yu Applicant was present with counsel, June Zhao, Esq. Applicant was sworn in by the court reporter. Action Taken: After discussion, Ms. Havard moved to grant the license unencumbered. Motion seconded by Ms. Phillips, which passed 4/1 with Ms. Burke-Wammack opposing the motion. 43. Jingfang Zhou Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack moved to deny the license as the applicant does not have sufficient hours of the following educational requirements for licensure: Transcript must be on counterfeit-proof paper. 76 hours Allied Modalities, 15 hours Anatomy & Physiology, 15 hours Business and 15 hours Hydrotherapy. Motion seconded by Ms. Phillips, which passed unanimously. Florida Board of Massage Therapy Page 15 of 21
445 446 447 448 449 Applicants with Foreign Education 44. Mary M. Walker Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack moved to issue the license unencumbered. Motion seconded by Ms. Phillips, which passed unanimously. 450 451 452 Applicants with Out of State Education 45. Wenxian Guo Reynolds This item was previously pulled from the agenda. 453 454 455 456 457 458 459 460 461 462 Applicant Informal Hearings 46. Clifford David Johnson Applicant was present without counsel. Mr. Johnson requested an informal hearing after being issued a Notice of Intent to Deny at the July 2014 general business meeting. Action Taken: After discussion, Ms. Burke-Wammack moved to deny the petition for having not met the requirements set forth in Chapter 120 F.S. Motion seconded by Mr. Walker, which passed unanimously. Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license after determining the Informal Hearing meets the requirements for licensure. Motion seconded by Ms. Havard which passed unanimously. 463 464 465 466 467 468 469 470 471 Petition for Variance or Waiver 47. Deborah Sue Mule Applicant was not present nor represented by counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to approve the Petition for Variance or Waiver based on undue hardship endured with the applicant s massage therapy school attended being closed, and satisfying requirements for Petitions for Variance or Waiver being met as established in Chapter 120, F.S. Motion seconded by Mr. Walker which passed unanimously. Additional Action Taken: After discussion, Ms. Burke-Wammack made a motion to approve the application. Motion seconded by Ms. Havard which passed unanimously. 472 473 474 Petition for Declaratory Statement 48. Janet Jean Hardy This item was previously pulled from the agenda. Florida Board of Massage Therapy Page 16 of 21
475 476 477 478 49. Keith Nassetta (The Foot Rest Inc.) Action Taken: After discussion, Ms. Burke-Wammack moved to deny the petition after citing the definition of massage therapy and determining a license would be required. Motion seconded by Mr. Walker, which passed unanimously. 479 480 481 482 483 484 485 Massage School Review 50. VIP Beauty School Director Gloria St. Germaine, and Ms. Maria were present without counsel. Action Taken: After discussion, Ms. Burke-Wammack made a motion to require a copy of the updated transcript that is compliant with the board of massage therapy, commission for independent education and meets the requirements set forth in Rule 64B7-32.003, F.A.C. Motion seconded by Mr. Walker, which passed unanimously. 486 487 488 489 *REVIEW AND APPROVAL OF MINUTES 51. September 16, 2014, Telephone Conference Call Meeting Minutes Ms. Burke-Wammack made a motion to approve the minutes as written with previously discussed corrections. Motion seconded by Ms. Phillips, which passed unanimously. 490 491 492 493 494 495 496 497 498 499 *REPORTS Chair Report Bridget Burke-Wammack 81. FSMTB Annual Meeting Ms. Burke-Wammack presented a summary to the board with information from the FSMTB Annual Meeting. Discussion was held regarding online education with statistics comparing online education and in class education. Ms. Iris Burman, Educating Hands School of Massage, and Ms. Sally Hacking, FSMTB Government Relations Representative, addressed the board. 2014 FSMTB Annual Report Ms. Sally Hacking, FSMTB Government Relations Representative, addressed the board and provided a current report. 500 501 502 2014 Model Practice Act-Massage Therapy Ms. Sally Hacking, FSMTB Government Relations Representative, and Michael McGillicuddy, Central Florida School of Massage Therapy, addressed the board on the Massage Therapy Model Practice Act. 503 504 505 506 82. NCBTMB Agreement with FSMTB Ms. Sally Hacking, FSMTB Government Relations Representative, addressed the board on new changes between FSMTB and NCBTMB. The board requested of FSMTB to create a report that will display the pass rate differences before CAT testing was implemented and after. Florida Board of Massage Therapy Page 17 of 21
507 508 509 510 511 512 513 514 515 Legislative Liaison Report Bridget Burke-Wammack No report at this time. Public Relations Liaison Report - Bridget Burke-Wammack No report at this time. Vice Chair Report Lydia Nixon In Ms. Lydia Nixon, Board of Massage Therapy Vice Chair, absence, Ms. Burke-Wammack spoke about the chair and vice chair meeting and topics discussed. Rules Liaison Report Lydia Nixon and Sharon Phillips No report at this time. 516 (lunch break) 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 Executive Director's Report Christy Robinson, Executive Director 52. Massage Therapy House Bill 1065 Update Ms. Robinson provided an update to HB 1065. Mail outs to licensees and massage establishments pertaining to the new fingerprinting requirement were discussed. The board requested Ms. Robinson to reach out to AMTA and ABMP on the new requirement in an attempt to reach a larger licensee base before the January 31, 2015 deadline. 53. Ratification of Licensure - Massage Therapists 07/03/2014 to 09/29/2014 Action taken: Ms. Burke-Wammack made a motion to ratify the massage therapist licenses. Motion seconded by Ms. Phillips which passed unanimously. 83. Human Trafficking Summit Ms. Burke-Wammack provided information from the Human Trafficking Summit attended. The board members requested investigators attend the Human Trafficking Summit in the future. School Liaison Report Jonathan Walker 54. Massage Therapy Program Approval 07/03/2014 to 09/29/2014 Action taken: Mr. Walker made a motion to ratify the massage therapy programs. Motion seconded by Ms. Burke-Wammack, which passed unanimously. Continuing Education Liaison Report Sharon Phillips 55. Approved Pro Bono Requests 07/03/2014 to 09/29/2014 None at this time. 56. Approved CE Providers 07/03/2014 to 09/29/2014 Action taken: Ms. Burke-Wammack made a motion to ratify the Approved CE Providers. Motion seconded by Mr. Walker, which passed unanimously. Florida Board of Massage Therapy Page 18 of 21
539 540 541 542 543 544 545 546 547 548 549 550 84. Continuing Education Report Ms. Phillips provided an updated continuing education report. 57. Review of Continuing Education Courses This item was previously pulled from the agenda. Budget Liaison Report Robyn Havard 58. Board Expenditures, period ending March 31, 2014 Ms. Havard provided an updated Board Expenditures report. Board staff will be providing budget office information in the future. Unlicensed Activity Report Lydia Nixon No report at this time. Healthy Weight Liaison Report Jonathan Walker No report at this time. 551 552 553 554 555 556 557 558 559 560 561 562 RULES DISCUSSION 59. Clinical Practicum Hours Mr. Michael Garcia, Alpha School of Massage, addressed the board and stated that is should be at the instructor s discretion whether or not a student is deemed fit to begin practicing on the public for the purpose of obtaining clinical practicum education hours. 85. Clinical Practicum Hours suggestion by Board Member Sharon Phillips It was the consensus of the board that the hours students practice massage therapy on the public at the approved school, under the supervision of the instructor do count toward meeting clinical practicum hours. It was the consensus of the board that schools may receive compensation for the above mentioned hours practiced by students. It was the consensus of the board that the instructor, or school, should determine when students have completed enough hours of training before beginning practicing on the public. 563 564 565 566 567 568 569 570 571 572 573 574 60. Proposal for Florida State Massage Therapy License Requirements Discussion was held on the below items. Rule Title 64B7-32.003, F.A.C., Minimum Requirements for Board Approved Massage Schools Mr. Michael McGillicuddy, Central Florida School of Massage Therapy, Pete Whitridge, AMTE, Sally Hacking, FSMTB Government Relations Representative, Iris Burman, Educating Hands School of Massage and Cheryl Plack, Palm Beach State College, each addressed the board and discussion was held on the below items. The Board tabled this item to the following meeting. 61. Rule Title 64B7-32.003, F.A.C., 5/8/2012 62. Massage State Regulation Guide, March 2014 63. DOE Curriculum Framework Massage Therapy 86. DOE Curriculum Framework-Massage Therapy, revised 06/2014 64. History of Massage Education Requirements prior to 1998 Florida Board of Massage Therapy Page 19 of 21
575 65. Rule Title 64B7-32.003, F.A.C., 8/16/1998 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 Rule Title 64B7-28.009, F.A.C., Continuing Education 66. Draft 64B7-28.009, F.A.C. Lydia Nixon Ms. Burke-Wammack made a motion to approve with the removal of Board Approved Instructors and demonstration to be changed to hands on, in addition to opening Rule 64B7-32.009, F.A.C. for development, and delegate Ms. Phillips to draft rule language. Motion seconded by Ms. Havard, which passed unanimously. Ms. Iris Burman, Educating Hands School of Massage Therapy and Ms. Marlene Alderman, LMT, addressed the board. Action on SERC Questions: Ms. Burke-Wammack moved to find that the proposed changes would not have an adverse impact on small business. Ms. Phillips seconded the motion, which passed unanimously. Ms. Burke-Wammack moved to find that the proposed changes would not have a direct or indirect impact on regulatory costs. Ms. Phillips seconded the motion, which passed unanimously. Ms. Burke-Wammack moved the proposed changes would not directly or indirectly increase regulatory costs to any entity in excess of $200,000 in the aggregate within one year after implementation, no SERC was needed and legislative ratification was not required. Ms. Phillips seconded the motion, which passed unanimously. 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 87. Rule Title 64B7-32.009, F.A.C., Continuing Education, rule suggestion from Board Member Sharon Phillips Board members held discussion on board member Sharon Phillips suggestions to Rule Title 64B7-32.009, F.A.C. Rule Title 64B7-28.010, F.A.C., Requirements for Board Approval of Continuing Education Programs 67. Rule Title 64B7-28.010, F.A.C 88. Rule Title 64B7-28.010, F.A.C., Requirements for Board Approval of Continuing Education Programs, rule suggestion from Board Member Sharon Phillips Discussion was held on board member Sharon Phillips suggestions to Rule Title 64B7-280.10, F.A.C. No action taken at this time. 68. NCBTMB Approved Providers Emailed Information Mr. Michael McGillicuddy, Central Florida School of Massage, addressed the board and advised that he currently is on the panel with NCBTMB, to look at continuing education courses NCBTMB approves. Mr. Greg Neely, FSMTA convention chairman addressed the board and advised that a publication will be coming soon, and review on instructor qualifications is being done. Discussion was held by the board on this, and items 69 and 70. 69. NCBTMB Approved Providers Website Information 70. AMTA Continuing Education Website Information 609 610 611 *GENERAL BUSINESS DISCUSSION 89. Correspondence from Dr. Guery Davis, Human Trafficking as possible addition to Massage Therapy curriculum Florida Board of Massage Therapy Page 20 of 21
612 613 614 615 616 617 Dr. Davis was asked at the May 2014 General Business Meeting to research information on adding human trafficking as part of the massage therapy curriculum. Dr. Davis presented this information to the board. *OLD BUSINESS 71. FSMTB Reaches Settlement in AOT Litigation Ms. Sally Hacking, FSMTB Government Relations Representative, addressed the board and provided information on the settlement in AOT litigation. 618 619 *NEW BUSINESS Discussion was held regarding board member travel. 620 621 622 623 624 *INFORMATIONAL 72. Comments from Karen Roth, AMTA Florida Chapter President This item was tabled to the January 2015 General Business Meeting. Ms. Dar Mikula, LMT, and Mr. Michael Garcia, Alpha School of Massage addressed the board on questions regarding requirements set forth in HB 1065. 625 The meeting adjourned approximately 11:35 a.m. Florida Board of Massage Therapy Page 21 of 21