vs. DOH CASE NO.: DOAH CASE NO.: PL LICENSE NO.: MA 67145

Transcription

1 Final Order No. DOH FOE MQA DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF MASSAGE THERAPY By. FILED DATEDEC Department alth vs. DOH CASE NO.: DOAH CASE NO.: PL LICENSE NO.: MA MEIE LI CRISP, Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board) pursuant to Sections and (1), Florida Statutes, on October 19, 2017, in Tampa, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order (a copy of which is attached hereto as Exhibit A) in the above-styled cause. Petitioner was represented by, Assistant General Counsel. Respondent was not present. Upon review of the Recommended Order, the argument of the parties, and after a review of the complete record in this case, the Board makes the following findings and conclusions. FINDINGS OF FACT 1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference. 2. There is competent substantial evidence to support the findings of fact.

2 CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to Section (1), Florida Statutes, and Chapter 464, Florida Statutes. 2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference. PENALTY Upon a complete review of the record in this case, the Board determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: The license of MEIE LI CRISP is hereby REVOKED. The licensee must pay an administrative fine of $1, within one year of the date this Final Order is filed. Payment shall be made to the Board of Massage Therapy and mailed to, DOH-Compliance Management Unit, 4052 Bald Cypress Way, Bin C-76 Tallahassee, Florida , Attention: Massage Therapy Compliance Officer. Payment must be made by cashier' s check or money order ONLY. Personal checks will not be accepted. RULING ON MOTION TO ASSESS COSTS The Board granted petitioner's Motion To Bifurcate And Retain Jurisdiction To Assess Costs In Accordance With Section (4), Florida Statutes.

3 lc( DONE AND ORDERED this day o, BOARD OF MASSAG THERAPY Kam. Monroe Executive Director for Lydia Nixon, Chair NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION , FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by certified mail to MEIE LI CRISP, 4 Tralee Lane, Greer, SC & Thomas D. Sommerville, Esquire, 820 North Thornton Avenue, Orlando FL 32803; to Lynne A. Quimby-Pennock, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida ; and by to Department of Health-PSU, John.Wilson@flhealth.gov this \15'\-- day of 2017.

4 " '11111 Meie Li Crisp do Thomas D. Sommerville, Esq. 820 North Thornton Ave. Orlando, SC Certified Article Number SENDER'S RECORD.1, " '11'111 Meie Li Crisp 4 Tralee Lane Greer, Certified Article Number SENDER'S RECORD l' i , rn ii Lynne A. Quimby-Pennock, Admin Law Judge Division of Administrative Hearings The Desoto Bldg Apalachee Parkway II _

5 7966. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY, Petitioner, vs. Case No PL MEIE LI CRISP, L.M.T., Respondent. RECOMMENDED ORDER On July 26, 2017, a final hearing was held by video teleconference at locations in Orlando and Tallahassee, Florida, before Lynne A. Quimby-Pennock, an Administrative Law Judge (ALJ), assigned by the Division of Administrative Hearings (DOAH) to preside over this matter. APPEARANCES For Petitioner: Philip Aaron Crawford, Esquire Ann L. Prescott, Esquire Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida For Respondent: Thomas D. Sommerville, Esquire Law Offices of Thomas D. Sommerville, P.A. 820 North Thornton Avenue Orlando, Florida 32803

6 7967 STATEMENT OF THE ISSUES The issues to be determined are whether Meie L. Crisp, L.M.T., Respondent, engaged in sexual misconduct in the practice of massage therapy, in violation of section (1)(0), Florida Statutes (2012), through a violation of section , Florida Statutes (2012); and, if so, what is the appropriate sanction. PRELIMINARY STATEMENT On March 4, 2016, Petitioner, Department of Health (Department), filed a First Amended Administrative Complaint against Respondent, a licensed massage therapist. The complaint charged Respondent with sexual misconduct in the practice of massage therapy, in violation of section Respondent disputed material issues of fact in the complaint and requested a "formal" hearing before an administrative law judge appointed by DOAH. Prior to the final hearing, the parties filed a joint prehearing stipulation, which included 13 facts which were admitted. To the extent relevant, those facts are included in this Recommended Order. At hearing, Petitioner offered the testimony of law enforcement officer Q.A. and Respondent. In addition, Petitioner's Exhibit 6 was received in evidence without objection. Respondent testified on her own behalf, and did not

7 7968. offer any exhibits. An official translator provided by the State of Florida was sworn in to translate all testimony for Respondent as English is not her first language. Petitioner had issued a subpoena to Jennifer Mason, L.M.T., to appear at the hearing, yet she failed to appear. Petitioner orally motioned to allow time to obtain Ms. Mason's deposition. Over objection from Respondent's counsel, the undersigned granted Petitioner until August 30, 2017, to obtain Ms. Mason's deposition testimony. On August 29, 2017, Ms. Mason's deposition was admitted as Petitioner's Exhibit 7. The hearing record was closed by an Order issued on August 30, The parties were allowed to submit proposed recommended orders within ten days after the filing of both the deposition transcript and the final hearing transcript. Both Transcripts were filed by August 30, 2017, and the parties were notified to file their proposed recommended orders on or before the close of business on September 8, 2017." Both parties timely filed a Proposed Recommended Order, and each has been considered. Unless otherwise indicated, citations to the Florida Statutes or rules of the Florida Administrative Code refer to the versions in effect on September 6, 2012, the time of the alleged violations.

8 7969 FINDINGS OF FACT 1. Petitioner is the state agency charged with regulating the practice of massage therapy in the State of Florida, pursuant to section and chapters 456 and 480, Florida Statutes. 2. At all times material to the complaint, Respondent was licensed to practice massage therapy in the state of Florida, having been issued license number MA She has been licensed since At all times material to the complaint, Respondent was employed as a massage therapist at the Asian Flower Massage (AFM), located at 1001 West Colonial Drive, Orlando, Florida The Metropolitan Bureau of Investigation (MBI) is a joint police task force for the Ninth Judicial Circuit, which includes Orange County and Osceola County. MBI routinely investigates vice, human trafficking crimes, and mid-level to upper-level narcotic organizations. 5. Officer Q.A. has been a deputy sheriff with the Orange County Sheriff's Office since 2007 and was working in the Vice and Organized Crime Unit of MBI on September 6, In or around September 2012, MBI received a lot of complaints regarding prostitution taking place within AFM. Officer Q.A. went to AFM on September 6, 2012, to conduct an undercover investigation.

9 Officer Q.A. entered AFM at approximately 7:15 p.m., posing as a client, and met Respondent. Officer Q.A. requested a 60-minute massage from Respondent. 8. Officer Q.A. paid Respondent $100 for the massage. Respondent led Officer Q.A. to a massage room where Officer Q.A. entered, disrobed completely and laid face down on the massage table. Respondent then entered the room, and placed Officer Q.A.'s $30 change on a nearby table. (The charge for a 60-minute massage was $70 at AFM.) 9. As Officer Q.A. laid on his stomach, with his buttocks exposed, Respondent did not place a towel or drape on him, although towels were available in the room. Respondent began performing a massage on him. For the first 30 to 40 minutes Respondent manipulated Officer Q.A.'s skin, muscle and tissue with her hands. As she was rubbing Officer Q.A., the two started a conversation. As the conversation continued, Respondent massaged Officer Q.A.'s inner thighs, and slapped his buttocks. 10. After the first 30 to 40 minutes, Respondent directed Officer Q.A. to turn over and lay on his back. Respondent did not drape Officer Q.A.'s genitals during the second portion of this massage, even though towels were easily accessible in the room. 11. Respondent continued to massage Officer Q.A. by manipulating his skin, muscle and tissue, including his inner

10 7971 thigh, and she touched his penis. Respondent then pointed to Officer Q.A.'s penis, made a clenched fist and moved it up and downward, and asked "do you want?" Respondent's hand gesture is colloquially understood to indicate manual masturbation of the penis. 12. Officer Q.A. then pointed to Respondent's vagina, clinched his fist and thrust his pelvic bone to simulate sexual intercourse. Officer Q.A. asked Respondent "how much?" and Respondent responded by saying "$150." 13. Officer Q.A. stated he did not have the time for sexual intercourse. He dressed and told Respondent he would come back again, and pay her for sex. 14. Shortly after Officer Q.A. left, Respondent was arrested. 15. Respondent denied Officer Q.A.'s account. At the hearing, Respondent testified that she had "covered him with a towel." However, when asked if she covered him and he removed the cover, she responded with "Sometimes maybe the towel just dropped somehow, but I can't remember particularly." Then later, when confronted with her April 19, 2017, deposition testimony where she responded that she did not remember whether she covered him or not, she testified: "I answered I don't remember. Today I think that I remember. I said I put a towel on table. I said on table. I did not say on him. I said I don't remember."

11 7972. Respondent also testified she did not touch Officer Q.A.'s penis and she did not mean to agree to have sex with him. 16. Respondent admitted that she lied to Officer Q.A. during their discussion about the use of a credit card reader. She claimed that Officer Q.A. could not use a credit card for payment, when in fact another client had paid with a credit card. Respondent's testimony is not credible, and is rejected. 17. Ms. Mason is a licensed massage therapist and based on her education, training, and experience she is accepted as an expert in massage therapy. A full-body massage means that "after a client is laid down and fully draped, you massage from the top of the head to the toes, but genitalia are always draped and avoided." A full-body massage is for relaxation and pain relief, and does not include touching or massaging the male genitalia because it could cause sexual stimulation. The touching of the male genitalia (specifically a man's penis) is sexual misconduct. 18. As noted in the deposition testimony of Ms. Mason, there is no reason for and no accepted practice within the scope of licensed massage therapy that allows a therapist to ever touch the genitalia of a patient. 19. Respondent's actions on September 6, 2012, were outside the scope of generally accepted treatment of massage therapy patients.

12 7973, 20. The following constituted sexual activity outside the scope of massage therapy and sexual misconduct in the practice of massage therapy: Respondent's touching of Officer Q.A.'s penis, Respondent's gesturing with her clenched fist in an up and downward motion indicating masturbation, and Respondent agreeing to have sexual intercourse with Officer Q.A. 21. There is no evidence that Respondent has ever had any prior discipline imposed against her license. CONCLUSIONS OF LAW 22. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding pursuant to sections (4), , and (1), Florida Statutes (2017). 23. Petitioner has authority to investigate and file administrative complaints charging violations of the laws governing licensed massage therapists , Fla. Stat. 24. A proceeding to suspend, revoke, or impose other discipline upon a professional license is penal in nature. State ex rel. Vining v. Fla. Real Estate Comm'n, 281 So. 2d 487, 491 (Fla. 1973). Petitioner must therefore prove the allegations against Respondent by clear and convincing evidence. Fox v. Dep't of Health, 994 So. 2d 416, 418 (Fla. 1st DCA 2008)(citing Dep't of Banking & Fin. v. Osborne Stern & Co., Inc., 670 So. 2d 932 (Fla. 1996)).

13 The clear and convincing standard of proof has been described by the Florida Supreme Court: Clear and convincing evidence requires that the evidence must be found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established. In re Davey, 645 So. 2d 398, 404 (Fla. 1994) (quoting Slomowitz v. Walker, 429 So. 2d 797, 800 (Fla. 4th DCA 1983). "Although this standard of proof may be met where the evidence is in conflict,... it seems to preclude evidence that is ambiguous." Westinghouse Electric Corp. v. Shuler Bros., Inc., 590 So. 2d 986, 988 (Fla. 1st DCA 1991)(citations omitted). 26. Disciplinary statutes and rules "must be construed strictly, in favor of the one against whom the penalty would be imposed." Griffis v. Fish & Wildlife Conserv. Comm'n, 57 So. 3d 929, 931 (Fla. 1st DCA 2011); Munch v. Dep't of Prof'l Reg., Div. of Real Estate, 592 So. 2d 1136, 1143 (Fla. 1st DCA 1992). 27. A respondent may not be found guilty of an offense which has not been charged. See, e.g., Trevisani v. Dep't of Health, 908 So. 2d 1108 (Fla. 1st DCA 2005) (administrative complaint charged physician with a failure to make medical

14 7975. records; proof of a failure to retain medical records cannot support a finding of guilt). 28. The First Amended Administrative Complaint against Respondent alleges that "Respondent engaged in sexual misconduct when she used the massage therapist-patient relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage, the patient," Officer Q.A., in sexual activity outside the scope of practice of massage therapy. 29. Section (1)(o) provides: (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s (2): (o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 30. Section provides: The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation 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. Sexual misconduct in the practice of massage therapy is prohibited. 31. Florida Administrative Code Rule 64B provides in pertinent part: 10

15 7976, (1) Sexual activity by any person or person in any massage establishment is absolutely prohibited. (3) No licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client or to make arrangements to engage in sexual activity with any client. (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 and includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. For purposes of this subsection, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation has occurred. Nothing herein shall be interpreted to prohibit a licensed massage therapist, duly qualified under Rule 64B , F.A.C, from practicing colonic irrigation. 32. The Department presented clear and convincing evidence that Officer Q.A. had a massage therapist-patient relationship with Respondent by demonstrating that he received a paid massage from Respondent at AFM. 33. The Department proved by clear and convincing evidence that Respondent engaged in sexual misconduct in the practice of massage therapy in violation of section and rule 64B , when she: touched Officer Q.A.'s penis; gestured to him 11

16 7977, with her clenched fist in an up and downward motion indicating masturbation; and agreed to have sex with Officer Q.A. 34. The Board of Massage Therapy imposes penalties upon licensees in accordance with the disciplinary guidelines prescribed in Florida Administrative Code Rule 64B See Parrot Heads, Inc. v. Dep't of Bus. and Prof'l Reg., 741 So. 2d 1231 (Fla. 5th DCA 1999). 35. Rule 64B (1) provides that the penalty for violating section is a $1,000 fine and revocation of the massage therapist's license. 36. Rule 64B (3) provides aggravating and mitigating circumstances which may be taken into account, allowing the Board to deviate from the penalties for violations charged. 37. Because the penalty recommended is within the disciplinary guidelines, it is unnecessary to make any findings related to the aggravating or mitigating factors set out in rule 64B (3). RECOMMENDATION Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Health, Board of Massage Therapy, finding that Meie Li Crisp, L.M.T., violated section (1)(o), by violating section For these violations, it is recommended that the Board impose a $1,000 administrative fine on 12

17 7978, Respondent and revoke Respondent's license to practice massage therapy. DONE AND ENTERED this 28th day of September, 2017, in Tallahassee, Leon County, Florida. LYNNE A. QUIMBY-PENNOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida (850) Fax Filing (850) Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, ENDNOTE The Division of Administrative Hearings was closed on September 8, 2017, and did not reopen until September 13, 2017, due to Hurricane Irma. COPIES FURNISHED: Philip Aaron Crawford, Esquire Department of Health Prosecution Services Unit Bin C Bald Cypress Way Tallahassee, Florida (eserved)

18 7979. Thomas D. Sommerville, Esquire Law Offices of Thomas D. Sommerville, P.A. 820 North Thornton Avenue Orlando, Florida (eserved) Ann L. Prescott, Esquire Department of Health Prosecution Services Unit Bin C Bald Cypress Way Tallahassee, Florida (eserved) Kama Monroe, Executive Director Board of Massage Therapy Department of Health Bin C Bald Cypress Way Tallahassee, Florida (eserved) Nichole C. Geary, General Counsel Department of Health Bin A Bald Cypress Way Tallahassee, Florida (eserved) NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

19 12/14/2017 null FILED DEPARTMENT OF HEALTH DEPUTY CLERK DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF MASSAGE THERAPY PETMONER, DA (-/ V. CASE NO MEIE LI CRISP, LMT, RESPONDENT. I FIRST AMENDED ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy against Respondent, Meie Li Crisp, LMT, 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; Chapter 456, Florida Statutes; and Chapter 480, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed massage therapist within the state of Honda, having been issued license number MA /7

20 12/14/2017 null 3. Respondent's address of record is 4 Tralee Lane, Greer, South Carolina At all times material to this Complaint, Respondent was employed as a massage therapist at Asian Flower Massage, which was located at 1001 West Colonial Drive, Orlando, Florida 32804, and operated under massage establishment license number MM In approximately September 2012, the Metropolitan Bureau of Investigation (MBI) in Orlando conducted an undercover investigation of Asian Flower Massage for suspected acts of prostitution. 6. On or about September 6, 2012, an undercover MBI officer, Q.A. (Officer Q.A.), presented at Asian Flower Massage and posed as a client. 7. Officer Q.A. paid Respondent $70.00 upfront for a sixtyminute massage. 8. Respondent led Officer Q.A. to a massage room, where he disrobed and laid face down on the massage table as is customary during a massage. DOH v. Mete Li Crisp, LMT 2 Case No /7

21 12/14/2017 null 9. Respondent then entered the massage room and began performing massage on Officer Q.A. 10. Respondent massaged Officer Q.A.'s neck, back, arms, legs, and head. 11. Approximately 40 minutes into the massage, Respondent told Officer Q.A. to turn over and lay on his back. 12. Respondent then massaged Officer Q.A.'s chest, arms, legs, and head. 13. Respondent then touched Officer Q.A.'s penis and asked, "You want?" as she gestured with her fist clenched in an upward and downward motion, indicating masturbation. 14. In response, Officer Q.A. pointed at Respondent's vagina and moved his hips up and down, indicating sexual intercourse. 15. Respondent whispered into Officer Q.A.'s ears that it would cost $ for sex. 16. Officer Q.A. told Respondent that he did not have enough money to pay for sex that day, but would have sex with her next time he returned for a massage. 17. Officer Q.A. then got dressed and returned to his car. DOH v. Meie Li Crisp, LMT 3 Case No /7

22 12/14/2017 null 18. Officer Q.A. gave the predetermined take down signal and Respondent was arrested by law enforcement. 19. Respondent was charged with Prostitution and Entering or Remaining in any Place or Structure for the Purpose of Prostitution. 20. The charges were subsequently reduced and Respondent pled nolo contendere to one count of Disorderly Conduct on January 14, 2013 in the County Court of the Ninth Judicial Circuit in and for Orange County, Florida in Case Number 2012-MM A Section (1)(o), Florida Statutes (2012), subjects a massage therapist to discipline for violating any provision of Chapter 480 or 456, or any rules adopted pursuant thereto. 22. Section , Florida Statutes (2012), provides that: The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation 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. Sexual misconduct in the practice of massage therapy is prohibited. DOH v. Meie U Crisp, LMT Case No /7

23 12/14/2017 null 23. "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. (Rule (2), Florida Administrative Code (2012)) 24. Respondent engaged in sexual misconduct when she used the massage therapist-patient 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 of massage in one or more of the following ways: a) When Respondent touched Officer Q.A.'s penis during the course of a massage; b) When Respondent gestured with her fist clenched in an upward and downward motion, indicating masturbation, after or while touching Officer Q.A.'s penis; c) When Respondent offered and/or agreed to perform manual masturbation on Officer Q.A.; and/or d) When Respondent agreed to have sexual intercourse with Officer Q.A. DOH v. Meie Li Crisp, LMT 5 Case No /7

24 12/14/2017 null 25. Based on the foregoing, Respondent violated section (1)(o), Florida Statutes (2012), through a violation of Section , Florida Statutes (2012). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this day of John H. Armstrong, D, FACS Surgeon Gal any ecretary Oaj Gil Assistant G eral Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-55 Tallahassee, FL Florida Bar # (850) (850) FAX Original PCP: 5/16/13 PCP Members: Smallwood & Buckley Amended PCP: 3/3/16 PCP Members: Whitridge & Havard DOH v. Meie Li Crisp, LMT 6 Case No /7

25 12/14/2017 null NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Mediation under Section , 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 (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. Meie Li Crisp, LMT Case No /7