STATE OF FLORIDA BOARD OF MASSAGE THERAPY. vs. Case No.: License No.: MA FINAL ORDER

Transcription

1 STATE OF FLORIDA BOARD OF MASSAGE THERAPY Final Order No. DOH By: F D "ATE - NOV Dejertment of -MQA 2017 DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: License No.: MA CHRISTINA L. JACKSON, Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board) pursuant to Sections and (4), Florida Statutes, on October 19, 2017, in Tampa, Florida, for the purpose of considering a settlement agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the settlement agreement, 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 settlement agreement as submitted be and is hereby approved and adopted in toto and incorporated herein by reference. The costs are $ Accordingly, the parties shall adhere to and abide by all the terms and conditions of the settlement agreement. This Final Order shall take effect upon being filed with the Clerk of the Department of Health.

2 q11' DONE AND ORDERED this day of Ma arle, BOARD OF MASSAGE THERAPY r ONROE Executive Director for Lydia Nixon, 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 Christina L. Jackson, 110 San Marco Avenue, #103, St. Augustine, FL 32084; and by to Lee Ann Gustafson, Senior Assistant Attorney General, LeeAnn.Gustafson@myflorida.com and Department of Health-PSU Candace. Rochester@flhealth. gov, on this 13 day of N ge bea, Deputy Agency Clerk 2

3 3104 STATE OF FLORIDA BOARD OF MASSAGE THERAPY _ 3 r., hi I 4. DEPA T NT OF HEALTH Petitjoner, vs. CASE Na CHRiSTINA 1 JACKSON, LMT Respondent. SETTL T AG EE T Pursuant to Section (4), Florida Statutes, the above named parties hereby offer this Settlement Agreement to the Board of Massage Therapy (Board) as disposition of the Administrative Complaint, attached hereto as Exhibit "A," in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting this Settlement Agreement is issued by the Board and filed. In considering this Settlement Agreement, the Board may review all investigative materials regarding this case. If this Settlement Agreement is rejected, it, and its presentation to the Board, shall not be used against either party.

4 3105 STIPULATED 1. For all times pertinent herein, Respondent was a licensed massage therapist in the State of Florida, having been issued license number MA Respondent's mailing address of record is 845 Floyd Circle North, Orange Park, Florida Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of Chapters 456 and 4801 Florida Statutes,. 3. Respondent neither admits nor denies the factual allegations contained in the Administrative Complaint for the purposes of settlement in these administrative proceedings only. STIPMATED 1. Respondent admits that he/she is subject to the provisions of Chapters 456 and 480, Florida Statutes, and the jurisdiction of the Department of Health and the Board. 2. Respondent admits that the stipulated facts, if proven true, constitute violations of law as alleged in the Administrative Complaint.

5 Respondent agrees that the Stipulated Disposition in this case is fair, appropriate and acceptable to Respondent. pp TE0Dxspqmrpt; 1. Fine - Respondent shall pay an administrative fine of Five Hundred Dollars ($500.00). 2. Costs Respondent shall pay the administrative costs associated with the investigation and prosecution of this matter in an amount not to exceed One Thousand Five Hundred Doliars ($1,500.00). The fine and costs are to be paid by Respondent to Department of Health, MQA/AMS, Compliance Management and Consumer Services, Attn: Compliance Officer for the Board of Massage Therapy, P.O. Box 6320, Tallahassee, Florida , within one year of the filing of a Final Order accepting and incorporating this Settlement Agreement. 3. CoritiOuin du tb Respondent shall complete a ten (10) hour Florida Board of Massage approved continuing education course on the laws and rules governing the practice of massage therapy in Florida within one year of the filing of the Final Order. The course will be taken in

6 3107 addition to any laws and rules courses taken for biennium continuing education credit. STANDARD PROVISIONS 4 No force or effect until final order - It is expressly understood that this Settlement Agreement is subject to the approval of the Board and the Department In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effect unless the Board enters a Final Order incorporating the terms of this Settlement Agreement. 5. Addresses - Respondent must keep current mailing address on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said address. 6. Future Conduct In the future, Respondent shall not violate Chapters 456, or 480, Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation relating to the practice or the ability to practice massage therapy. Prior to signing this agreement, the Respondent shall read Chapters 456, 480,

7 3108 and the Rules of the Board of Massage Therapy, at Chapter 64B32, Florida Administrative Code. 7. Violation of terms Considered It is expressly understood that a violation of the terms of this Settlement Agreement shall be considered a violation of a Final Order of the Board, for which disciplinary action may be initiated pursuant to Chapters 456 and 480, Florida Statutes. 8. Purpose of AgreeMent - Respondent, for the purpose of avoiding further administrative action with respect to this cause, executes this Settlement Agreement. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Settlement Agreement. Respondent agrees to support this Settlement Agreement at the time it is presented to the Board and shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore, should this Settlement Agreement not be accepted by the Board, it is agreed that presentation to and consideration of this Settlement

8 3109 Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 9.,019 Preclusion of additional proceedings - Respondent and the Department fully understand that this Settlement Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board and/or the Department against Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A. 10. *Waiver of atto fifty's fe s and costs - Upon the Board's adoption of this Settlement Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their own attorneys fees and costs resulting from prosecution or defense of this matter. Respondent waives the right to seek any attorney's fees or costs from the Department and the Board in connection with this matter. 11. hts - Upon the Board's adoption of this Settlement Agreement, Respondent expressly waives all rights to 6

9 3110 further administrative procedure and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the Settlement Agreement and the Final Order of the Board incorporating said Settlement Agreement. WHEREFORE, the parties hereby request that the Board enter a Final Order accepting, adopting, and implementing the terms contained herein. SIGNED this 'r'kd day of 1-1(4,t STATE OF F1pr9c,. COUNTY OF SI_ Signed:. Pistina L Jackson, LMT CASE NO Before me personally appeared Lhv 15ARok7u,tson whose identity is known to me personally or by (type of identification), and who, under oath, acknowledges that his/her signature appears above. Sworn to and subscribed by eh day if 2,617. Si5or.. before me this My Commission Expires: -itanclf) S-ws 2o2-\ f;ga",rt, APRIL NICOLETURCCTE I Notary Public Rate of Florida ) Cammisslon GG My Comm. Expires Mar 5,2021 r 9 gamed throughnituatral Hotaryksn, 4

10 3111 APPROVED this, day of 2017, Celeste Philip, MD, MPH Surgeon General and Secretary Cecilie Dale Sykes Assistant General Counse DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida Florida Bar No.: (850) Telephone (850) Facsimile

11 3112 STATE OF FLORIDA BOARD OF, MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO, CHRISTINA L. JACKSON, LMT, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Massage Therapy (hereinafter Board) against Christina L. Jackson, LMT and alleges: 1. Petitioner is the state department charged with regulating the practice of Massage Therapy pursuant to section 20.43i 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 in the State of Florida, having been issued license number MA Exhibit A

12 Respondent's mailing address of record is 845 Floyd Circle North, Orange Park, Florida On or about July 9, 2012, in the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida, in case number CF AM-MA, Respondent entered pleas of guilty to one count of felony forgery and one count of felony uttering. 5. Respondent did not report these pleas to the Board or Department, in writing, within thirty (30) days. 6. Section (1)(o), Florida Statutes (2012), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 7. Section (1)(x), Florida Statutes (2012), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board of Massage Therapy. DOH v. Christina L. Jackson, LMT Case No.: Date: 11/08/16 Page 2 of 4

13 Based on the foregoing, Respondent has violated Section (1)(o), Florida Statutes (2012), through a violation of Section (1)(x), 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 license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this day of JAA/ Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK ANSEL SANDERS DATE JAN ,u4AJC ate Cecilie Dale Sykes Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL Florida Bar # (850) , ext PCP: 01/11/17 PCP Members: Whitridge & Havard DOH v. Christina L. Jackson, LMT Case No.: Date: 11/08/16 Page 3 of 4

14 3115 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. Please be advised that mediation under Section , Florida Statutes, is not available for administrative disputes involving this agency action. 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. Christina L. Jackson, LMT Case No.: Date: 11/08/16 Page 4 of 4

15 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Rick Scott Governor Celeste Philip, MD, MPH Surgeon General and Secretary Vision: To be the Healthiest State in the Nation INTEROFFICE MEMORANDUM DATE: November 9, 2017 TO: FROM: SUBJECT: Adrienne Rodgers, J.D., Bureau Chief Bureau of Health Care Practitioner Regulation Kama Monroe, J.D., Executive Director Boards of Acupuncture, Massage Therapy, Osteopathic Medicine, Speech- Language Pathology & Audiology and the Council of Licensed Midwifery Delegation of Authority This is to advise that while I am out of the office Thursday, November 9, 2017, Gerry Nielsen has delegated authority to serve as Acting Executive Director for the Boards of Acupuncture, Massage Therapy, Osteopathic Medicine, Speech-Language Pathology & Audiology and the Council of Licensed Midwifery. Mr. Nielson can be reached at KM/cdp Florida Department of Health Division of Medical Quality Assurance 4052 Bald Cypress Way, Bin C-00 Tallahassee, FL PHONE: (850) FAX (850) Accredited Health Department Pubito Health Accreditation Board