STATE OF FLORIDA BOARD OF MASSAGE THERAPY Final Order No. DOH-18-0845-M - MQA MAY 9 2018 FILED Deputy Agency Clerk DEPARTMENT OF HEALTH, Petitioner, vs. ANNA MARIE KIRKPATRICK, License No.: MA 11940 Respondent. FINAL ORDER This matter appeared before the Board of Massage Therapy at a duly-noticed public meeting on April 20, 2018 in Tallahassee, Florida, for a hearing not involving disputed issues of material fact pursuant to Sections 120.569 and 120.57(2), Florida Statutes. Petitioner has filed an Administrative Complaint seeking disciplinary action against the license. A copy of the Administrative Complaint is attached to and made a part of this Final Order. Respondent was properly served but failed to submit a timely election of rights or otherwise respond to the Administrative Complaint. Petitioner has filed a Motion for Determination of Waiver and Entry of Final Order. Petitioner was represented by Eric Fryson, Assistant General Counsel, Florida Department of Health. Respondent was not present.
FINDINGS OF FACT Since the licensee has not replied to the Administrative Complaint nor contested the factual allegations, the prosecuting attorney offered the investigative file to prove the facts as alleged. The investigative file was received into evidence and the Board finds the uncontested facts adequately support the allegations. Therefore, the Board adopts as its finding of facts the facts set forth in the Administrative Complaint. AGGRAVATING FACTORS In aggravation of the penalty to be imposed, the Board cites to the deterrent effect of the penalty. CONCLUSIONS OF LAW Based upon the Findings of Fact, the Board concludes the licensee has violated Section 480.046(1)(p) and 480.041(6), Florida Statutes. The Board is empowered by Sections 480.046(2) and 456.072(2), Florida Statutes, to impose a penalty against the licensee. Therefore it is ORDERED that: The licensee must pay an administrative fine of $1,000.00 and investigative costs of $13.73 within 90 days of the date this Final Order is filed. Payment shall be made to the Board of Massage Therapy and mailed to, DOH-Compliance Management 2
Unit, 4052 Bald Cypress Way, Bin C-76 Tallahassee, Florida 32399-3276, Attention: Massage Therapy Compliance Officer. Payment must be made by cashier's check or money order ONLY. Personal checks will not be accepted. The licensee shall enroll in and successfully complete a 10 hour course in the laws and rules governing the practice of massage therapy in Florida. This shall be in addition to other normally required continuing education courses. Verification of course content and course completion must be submitted to the Massage Therapy Compliance Officer within one year from the date of this Order. The Board will retain jurisdiction for the purpose of enforcing continuing education requirements. The license of ANNA MARIE KIRKPATRICK is suspended until she complies with the requirements of Section 480.041(6), Florida Statutes. This Final Order shall become effective upon filing with the Clerk of the Department of Health. DONE AND ORDERED this 6( day of, 2018. BOARD 0 MASSAGE THERAPY Kama Monroe Executive Director for Robyn Dohn Havard, Chair 3
NOTICE OF APPEAL RIGHTS Pursuant to Section 120.569, Florida Statutes, the parties are hereby notified that they may appeal this Final Order by filing one copy of a notice of appeal with the clerk of the department and by filing a filing fee and one copy of a notice of appeal with the District Court of Appeal within thirty days of the date this Final Order is filed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. certified mail to ANNA - MARIE KIRKPATRICK, 1428 NW 20th Street, Gainesville, FL 32605; by email to Lee Ann Gustafson, Assistant Attorney General, LeeAnn.Gustafson@myfloridalegal.com and Department of Health- PSU, John.Wilson@flhealth.gov on this qi_day of r1nolsa 2018. Anna M. Kirkpatrick 1428 NW 20th St. Gainesville, FL 32605 Certified Article Number Deputy Agency Clinic 9414 7266 9904 2104 0956 80 SENDER'S RECORD 4
STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-00372 ANNA MARIE KIRKPATRICK, LMT, Respondent ADMINIST RATIVE 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 Anna Marie Kirkpatrick, LMT and 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 in the State of Florida, having been issued license number MA 11940 on or about June 30, 1991.
3. Respondent's mailing address of record is 1428 NW 20th Street, Gainesville, Florida 32605. 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. 456.0135 by January 31, 2015. 5. Section 456.0135(1), Florida Statutes (2014), provides 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 vendor approved by the Department of Law Enforcement and fees imposed for the initial screening and retention of fingerprints. 6. Respondent failed to submit to the background screening requirements of Section 456.0135 by January 31, 2015. 7. Section 480.046(1)(p), Florida Statutes (2014), 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. DOH v. Anna Marie Kirkpatrick, LMT Date: 02/13/2017 Page 2 of 5
8. Respondent did not submit to the background screening requirements of Section 456.0135(1) (2014), Florida Statutes 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 Section 480.041(6), Florida Statutes (2014). 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. DOH v. Anna Made Kirkpatrick, LMT Date: 02/13/2017 Page 3 of 5
SIGNED this ay of 2017, Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber ereene DATE APR 2 7 2017 Cecilie Dale Sykes Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0250340 (850) 245-4640, ext. 8163 (850) 245-4684 fax PCP: 04/26/17 PCP Members: Phillips & Havard DOH v. Anna Marie Kirkpatrick, LMT Date: 02/13/2017 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 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. Please be advised that mediation under Section 120.573, 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 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. DOH v. Anna Marie Kirkpatrick, LMT Date: 02/13/2017 Page 5 of S