STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. ROBERT P. ARSCOTT, LIMIT., 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 Respondent, Robert P. Arscott, L.M.T., 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 or an applicant for licensure as a massage therapist within the State of Florida, having been issued license number MA 76327 on or about May 13, 2014.
3. Respondent's address of record is 2548 Northwest 124th Avenue, Coral Springs, Florida 33065. 4. On or about December 6, 2007, in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida, Respondent entered a plea of no contest to one count of robbery with a firearm or deadly weapon, a felony. Adjudication was withheld. 5. On or about May 10, 2014, Respondent submitted an original Application for Massage Therapy Licensure (Application) to the Board. 6. Under the Criminal History section of the Application, Respondent was asked "Have you ever been convicted of, or entered a plea of guilty, nob contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense?" 7. In response to the question, Respondent replied "No," indicating that he had no criminal history other than a minor traffic offense. 8. At the end of the Application Respondent certified a statement that included the following language: I have carefully read the questions in the foregoing application and have answered them completely, without reservation of any kind, and I declare that my answers and all statements made by me herein and in support of this application are true and correct. Should I furnish any false information on or Page 2 of 7
in support of this application, I understand that such action shall constitute cause for denial, suspension, or revocation of any license to practice in the state of Florida in the profession for which I am applying. 9. Based on this statement, Respondent knew, or should have known, that the Board would rely on the statements Respondent made on, or in support of, his Application. 10. The Board did rely on the information Respondent provided on, or in support of, his Application, and granted him a license to practice massage therapy on or about May 13, 2014. 11. Massage therapists regularly treat patients in private settings where the patient is in a state of undress and vulnerable. 12. Pursuant to section 480.0485, Florida Statutes, the massage therapist-patient relationship is founded on mutual trust. COUNT I Crime Related to the Practice 13. Petitioner realleges and incorporates paragraphs one (1) through four (4), eleven (11), and twelve (12) as if fully set forth herein. 14. Section 456.072(1)(c), Florida Statutes (2007), provides that being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which Page 3 of 7
relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for discipline by the Board. 15. On or about December 6, 2007, Respondent pled no contest to one count of felony robbery with a firearm or deadly weapon. 16. Robbery with a firearm or deadly weapon is a crime related to the practice of or the ability to practice massage therapy. 17. Based on the foregoing Respondent violated section 456.072(1)(c), Florida Statutes (2007), by pleading no contest to a crime related to the practice of massage or the ability to practice massage when he pled no contest to robbery with a firearm or deadly weapon. COUNT II Failure to Report on Application 18. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 19. Section 456.072(1)(m), Florida Statutes (2013), provides that making deceptive, untrue, or fraudulent representations in or related to the practice of massage therapy constitutes grounds for discipline by the Board. 20. Respondent made deceptive, untrue, or fraudulent representations in or related to the practice of massage when she made Page 4 of 7
deceptive, untrue, or fraudulent representations on her initial application for licensure. 21. Specifically, despite having pled no contest to robbery with a firearm or deadly weapon, Respondent represented to the Board on his Application that he had no criminal history other than a minor traffic offense. 22. Based on the foregoing, Respondent violated Section 456.072(1)(m), Florida Statutes (2013), by making deceptive, untrue, or fraudulent representations in or related to the practice of massage therapy. WHEREFORE, 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, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [signature block on following page] Page 5 of 7
SIGNED this 441 day of --JILAL 2017. Celeste Philip, MD, MPH Surgeon General and Secretary CLERK: FILED DEPARTMENT OF HEALTH DEPUTY CLERK An Oflokiers DArE: JUN 1 5 2017 Carrie B. McNamara Assistant General Counsel DOH Prosecution Services Unit Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Fla. Bar No. 0062029 Telephone: (850) 245-4640 Facsimile: (850) 245-4684 Carrie.McNamara@flhealth.gov PCP: 6/14/2017 PCP Members: Havard, Whitridge 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