STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2015-1600 JORGE A. DUARTE, LMT, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and thrbugh its undersigned counsel, and files this Administrative Complaint befor the Board of Massage Therapy (hereinafter Board) against Jorge A. DLarte, LMT and alleges: 1. Petitioner is the state department charged with regulating the practice of Massage Therapy pursuant to section 20.43, Florida Statytes; 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 isued license number MA 18794 on or about March 27, 1995.
3. Respondent's mailing address of record is 1550 West 44th Place, Apartment J-006, Hialeah, Florida 33021. However, there i an alternate address available for Respondent at 1003 Kansas AveOue, Longmont, Colorado 80501. 4. Section 480.041(6), Florida Statutes (2014), provides that massage therapists who were issued a license before July 1, 2014, Must submit to the background screening requirements of s. 456.013$ by January 31, 2015. 5. Section 456.0135(1), Florida Statutes (2014), providels in relevant part that an application for initial licensure received on or after January 1, 2013, under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, s. 465.022, or chapter 480 shall include fingerprints pursuant to procedures established by the department through a vqndor approved by the Department of Law Enforcement and fees imposed fcr the initial screening and retention of fingerprints. 6. Respondent failed to submit to the background screoning requirements of Section 456.0135(1), Florida Statutes (2014), by Jarlwary 31, 2015. Page 2 of 5
7. Section 480.046(1)(p), Florida Statutes (2014), provides that violating any provision of this chapter or chapter 456, or any rules adqpted pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 8. Respondent did not submit to the background screoning requirements of Section 456.0135(1), Florida Statutes (2014), by January 31, 2015, as required by Section 480.041(6), Florida Statutes (2014). 9. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2014), through a violation of Seiction 480.041(6), Florida Statutes (2014). WHEREFORE, the Petitioner respectfully requests that the Boa0 of Massage Therapy enter an order imposing one or more of the follgwing penalties: permanent revocation or suspension of license, restricticin 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. [signature block follows on next page] Page 3 of 5
SIGNED this day of 20171 Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE AUG 1 1 2017 Clia6tZ J i2)6t2 Lit Cecilie Dale Sykes Assistant General Counsel DOH-Prosecution Services Unit Florida Bar# 0250340 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850)558-9905 (850) 245-4684 fax Email: cecilie.sykes@flhealth.gov PCP: 08/09/17 PCP Members: Drago & Phillips Page 4 of 5
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 12 57, Florida Statutes, to be represented by counsel or other qual fied representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subp ena duces tecum issued on his or her behalf if a hearing is reque ted. A request or petition for an administrative hearing must ble in writing and must be received by the Department within 21 ays from the day Respondent received the Administrative Compl pursuant to Rule 28-106.111(2), Florida Administrative Cod If Respondent fails to request a hearing within 21 days of recei t of this Administrative Complaint, Respondent waives the rig 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 28-106.2014(5), Florida Administrative Code. Please be advised that mediation under Section 120.5731 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 ma er. Pursuant to Section 456.072(4), Florida Statutes, the Board hall assess costs related to the investigation and prosecution f a disciplinary matter, which may include attorney hours and c sts, on the Respondent in addition to any other discipline imposed Page 5 of 5