DEPARTMENT OF HEALTH, STATE OF FLORIDA BOARD OF MASSAGE THERAPY PETITIONER, v. CASE NO. 2016-11755 BRUCE JACOB BLAUER, LMT, RESPONDENT. 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 ("Board") against the Respondent, Bruce Jacob Blauer, LMT, and in support thereof alleges: 1. Petitioner is the state department 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 Florida, having been issued license number MA 77060.
3. Respondent's mailing address of record is 9820 West Yulee Drive, Homosassa, Florida 34448. 4. At all times material to this Complaint, Respondent was employed as a massage therapist at Massage Envy Citrus Park, located at 12865 Citrus Plaza Drive, Tampa, Florida 33625. 5. On or about February 10, 2016, Respondent inappropriately touched Patient S.P. during a massage therapy session. 6. During the massage session, Respondent pulled down Patient S.P.'s underwear, fully exposing her vagina and buttocks. 7. Respondent swept his finger along the inner skin of Patient S.P.'s vagina as he massaged Patient S.P.'s inner thigh. COUNT I 8. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 480.046(1)(p), Florida Statutes (2016), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. Page 2 of 7
10. Section 480.0485, Florida Statutes (2016), strictly prohibits sexual misconduct in the practice of massage therapy and states, in pertinent part, that: Sexual misconduct in the practice of massage therapy means violation of the massage therapistpatient 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. 11. Respondent engaged in sexual misconduct by using 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 therapy by touching the inner vaginal skin of Patient S.P.'s vagina. (See Rule 64B7-26.010(4), Florida Administrative Code) 12. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 480.0485, Florida Statutes (2016). Page 3 of 7
COUNT II 13. Petitioner realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 14. Section 480.046(1)(p), Florida Statutes (2016), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 15. Rule 64B7-26.010(1) and (3), Florida Administrative Code, absolutely prohibits sexual activity by any person or persons in a massage establishment, and provides that 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. Rule 64B7-26.010(4), Florida Administrative Code, defines "sexual activity" in relevant part as: [A]ny 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] sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm, or ejaculation has occurred. Page 4 of 7
16. Respondent used the therapist-client relationship to engage in sexual activity with a client or to make arrangements to engage in sexual activity with a client in a massage establishment by making direct physical contact with the inner vaginal skin of Patient S.P.'s vagina. 17. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Rule 64B7-26.010(1) and/or (3), Florida Administrative Code. WHEREFORE, Petitioner respectfully requests that the Board 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE BLOCK FOLLOWS] Page 5 of 7
SIGNED this 264' day of -e'cet-i.\\-e,r--, 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK DATE DEC 2 0 2018 Eric L. Fryson, squire Assistant General Counsel DOH Prosecution Services Unit Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 1002325 (850) 558-9912 - Telephone (850) 245-4684 - Facsimile PCP: 12/19/18 PCP Members: Nixon & Phillips Page 6 of 7
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, 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 28-106.111(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 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 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, 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 456.072(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. Page 7 of 7