STATE OF FLORIDA BOARD OF MASSAGE THERAPY FINAL ORDER. THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board) pursuant to
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1 STATE OF FLORIDA BOARD OF MASSAGE THERAPY Final Order No. DOH S - MQA By. FILED DATE. FEB Department alth Putt' Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. RYAN KEITH GWALTNEY, Case No.: License No.: MA Respondent. / FINAL ORDER THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board) pursuant to Sections and (4), Florida Statutes, January 25, 2018, in Kissimmee, Florida for consideration of Respondent's voluntary relinquishment (attached hereto as Exhibit A). Upon consideration of the voluntary relinquishment, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the voluntary relinquishment is accepted as a resolution of this case. This Final Order shall take effect upon being filed with the Clerk of the Department of Health.
2 DONE AND ORDERED this ( day of c)2, BOARD OF MAS THERAPY Kama Monroe Executive Director for Robyn Dohn Havard, Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Ryan Keith Gwaltney, 475 Appleyard Drive, #411, Tallahassee, FL and 2392 Lancelot Drive, Tallahassee, FL 32309; and by to Lee Ann Gustafson, Senior Assistant Attorney General, LeeAnn.Gustafson@myflorida.com and Department of 54 - H e alth-p SU John.Wilson@flhealth.gov, on this I 1 day of _re.61--kcjeki Deputy Agency Clerk 2
3 3272 (Page 134 of 130 STATE OF FLORIDA DEPARTMENT OF HEALTH FILED Department Of Health Deputy Clerk CLERK dic..v e, cr DATE DEC / DEPARTMENT OF HEALTH, Petitioner, v. DOH Case Number: RYAN KEITH GWALTNEY, LMT Respondent. VOLUNTARY RELINQUISHMENT,OF LICENSE RespOndent Ryan Keith Gwaltney, LMT, license number 73606, hereby voluntarily relinquishes Respondent's license to practice Massage Therapy in the State of Florida and states as follows:. 1. Respondent's purpose in executing this Voluntary Relinquishment is to avoid further administrative action with respect to this cause. Respondent understands that acceptance by the Board of Massage Therapy (hereinafter the Board) of this Voluntary Relinquishment shall be construed as disciplinary action against Respondent's license pursuant to Section (1)(f), Florida Statutes. As with any disciplinary action, this relinquishment will be reported to the National Practitioner Data Bank as disciplinary action. Licensing authorities in other states may impose discipline in their jurisdiction based on discipline taken in Florida. 2. Respondent agrees to never reapply for licensure as a massage therapist in the State of Florida. INV FORM 421, Revised 04-11, Created Exhibit #4 0134
4 3273 (Page 135 of 13f) 3. Respondent agrees to voluntarily cease practicing massage therapy immediately upon executing this Voluntary Relinquishment. Respondent further agrees to refrain from the practice of massage therapy until such time as this Voluntary Relinquishment is presented to the Board and the Board issues a written final order in this matter. 4. In order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing, hereby waives the statutory privilege of confidentiality of Section (10), Florida Statutes, and waives a determination of probable cause, by the Probable Cause Panel, or the Department when appropriate, pursuant to Section (4), Florida Statutes, regarding the complaint, the investigative report of the Department of Health, and all other information obtained pursuant to the Department's investigation in the above-styled action. By signing this waiver, Respondent understands that the record and complaint become public record and remain public record and that information is immediately accessible to the public. 5. Upon the Board's acceptance of this Voluntary Relinquishment, Respondent agrees to waive all rights to seek judicial review of, or to otherwise challenge or contest the validity of, this Voluntary Relinquishment and of the Final Order of the Board incorporating this Voluntary Relinquishment. 6. Petitioner and Respondent hereby agree that upon the Board's acceptance of this Voluntary Relinquishment, each party shall bear its own attorney's fees and costs related to the prosecution or defense of this matter. INV FORM 425. Revised 04-13, Created
5 3274 NNW (Page 136 of 136) 7. Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent in connection with the Board's consideration of this Voluntary Relinquishment. Respondent agrees that consideration of this Voluntary Relinquishment and other related materials by the Board shall not prejudice or preclude the Board, or any of its members, from further participation, consideration, or resolution of these proceedings if the terms of this Voluntary Relinquishment are not accepted by the Board. DATED this IAN day of :Se171,4-1), er' RYAN KE1'T143 ALTNEY, LMT.nw-idc.A STATE OF COUNTY OF Leala Before me, personally appeared Identity is known to me or who producedjoia/a.4,1 SOLO ID (type of, whose identification) and who, under oath, acknowledges that his signature appears above. Sworn to and subscribed before me this 1-1:11b day of Sgq).-6 I>er My Commission Expires: J. L KENNEDY Commission # FF Expires Janunry 16, 2010 T019 INV FORM 425. Reviser! I/4.13. Created
6 (M51. of 136) STATE OF FLORIDA DEPARTMENT OF HEALTH INVESTIGATIVE REPORT Office: Tallahassee Date of Complaint: 08/31/2015 Case Number: Subject: RYAN KEITH GWALTNEY, LMT 2392 Lancelot Drive Tallahassee, Florida 32309* (850) Profession: Licensed Massage Therapist Source: DEPARTMENT OF HEALTH/INVESTIGATIVE SERVICES UNIT/TALLAHASSEE ( ) License Number and Status: LMT73606/Clear Related Case(s): None Period of Investigation and Type of Report: 09/02/2015 to 09/08/ Final Alleged Violation: Section (1)(k)(z)(dd), F.S.; Section (1)(h)(p), F.S. Synopsis: This investigation is predicated upon source information (Case Summary and attachments, Exhibit #1), submitted by the DOH INVESTIGATIVE SERVICES TALLAHASSEE FIELD OFFICE stating GWALTNEY was arrested in LEON COUNTY for possession of MDMA (Methamphetamine). Court documents show GWALTNEY was arrested in LEON COUNTY on 09/15/2014 and charged with Drugs-Sell Methamphetamine (893.13(1)(a)1). On 06/01/2015, GWALTNEY entered a plea of No Contest to the charge of Possession of 3, 4-Methylenedioxymethamphetamine (MDMA). GWALTNEY may be impaired. GWALTNEY signed a Voluntary Relinquishment of License on 09/09/2015 (see Exhibit #4).... Yes No Subject Notification Completed? Yes No Subject Responded? Yes /1 No Patient Notification Completed? ' Yes No Above referenced licensure checked Yes No Board Certified? Name of Board: Specialty: Law Enforcement Notified Date: A Involved Agency: Leon County Sheriff's Office Yes 4 No Subject represented by an attorney? Attorney information: in database/leids? Date: *During an interview on 09/04/2015, GWALTNEY provided this address. Investigator/Date: 4111* 1 le at i I 09/08/2015 Approved By/Date: 09/08/2015 J. La en Kennedy, Investigator, CI45 Jim Cooksey, Investigation Manager Distribution: HQ/ISU Page 1 INV FORM 300, Revised 2/15, 8/14 4/14, 3/14, 2/08, Created 07/02
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