Final Order No. DOH-17-2075-F01- - MQA, FILED DATE - NOV 6 2017 Dr- partment of DEPARTMENT OF HEALTH, Petitioner, STATE OF FLORIDA BOARD OF MASSAGE THERAPY vs. SHOSHANA LYNN RICHARDSON, Case No.: 2016-15296 License No.: MA 75174 Respondent. FINAL ORDER This matter appeared before the Board of /16155012, at a duly-noticed public meeting on October 19, 2017 in Tampa, Florida, for a hearing not involving disputed issues of material fact pursuant to Respondent's Election of Rights requesting a hearing 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. Petitioner was represented by Cecilie Dale Sykes, Assistant General Counsel, Florida Department of Health. Respondent was not present. FINDINGS OF FACT Therefore, the Board adopts as its finding of facts the facts set forth in the Administrative Complaint. Case No. 2016-15296
CONCLUSIONS OF LAW Based upon the Findings of Fact, the Board concludes the licensee has violated Section (s) 456.072(1) (c) and (x), 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 license of SHOSHANA LYNN RICHARDSON is hereby REPRIMANDED. The licensee must pay an administrative fine of $500.00 and investigative costs of $73.27 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 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 courses in 10 hours on 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 Plassase Compliance Officer within ONE YEAR from the date of this Order. The Board will retain jurisdiction for the purpose of enforcing continuing education requirements. This Final Order shall become effective upon filing with the Clerk of the Department of Health. Case No. 2016-15296 2
DONE AND ORDERED this day of KOVINIer, 2017. BOARD OF MASSAGE THERAPY NOTICE OF APPEAL RIGHTS roe Exec ive Director for Lydia Nixon, Chair 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.. Mail to SHOSHANA LYNN RICHARDSON, 263A Brooks Street SE, Ft. Walton Beach FL 32548 & 131 Louise Drive, Crestview FL 32536; by email to Lee Ann Gustafson, Assistant Attorney General, LeeAnn.GustafsonEc.,Dmyfloridalegal.corn and and Department of Health-PSU, John.Wilson@flhealth.gov on this 16, 2017. day of P Q\(-- eputy Agency Melt Case No. 2016-15296 3
29 STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-15296 SHOSHANA LYNN RICHARDSON, LMT, Respondent. I 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 Shoshana Lynn Richardson, 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 75174.
30 3. Respondent's mailing address of record is 131 Louise Drive, Crestview, Florida 32536. Respondent's last known mailing address was 263A Brooks Street, S.E., Ft. Walton Beach, Florida 32548. 4. On or about September 2, 2016, in the First Judicial Circuit Court, In and for Okaloosa County, Florida, in case number 16CF1016, Respondent entered a plea of nolo contendere to one count of battery on an emergency medical provider. 5. Respondent did not report this plea of nolo contendere to the Board, in writing, within thirty (30) days. COUNT I 6. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth therein. 7. 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 of Massage Therapy. 8. Section 456.072(1)(x), Florida Statutes (2016), provides that failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty DOH v. Shoshana Lynn Richardson, LMT Case No.: 2016:15296 Date: 03/06/17 Page 2 of 5
531 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. 9. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 456.072(1)(x), Florida Statutes (2016). COUNT II 10. Petitioner realleges and incorporates paragraphs one (1) through four (4) as if fully set forth therein. 11. 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 of Massage Therapy. 12. Section 456.072(1)(c), Florida Statutes (2016), 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 relates to the practice of, or the ability to practice, a licensee's profession constitutes grounds for discipline by the Board of Massage Therapy. DOH v. Shoshana Lynn Richardson, LMT Case No.: 2016-15296 Date: 03/06/17 Page 3 of 5
32 13. Based on the foregoing, Respondent. violated Section 480.046(1)(p), Florida Statutes (2016), through a violation of Section 456.072(1)(c), Florida Statutes (2016). 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 Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE MAY 1_ 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: 05/10/17 PCP Members: Havard & Brooks DOH v. Shoshana Lynn Richardson, LMT Case No.: 2016-15296 Date; 03/06/17 Page' of 5
33 NOTICE OF RIGHTS Respondent has the right to request a hearing to be concluded 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. Shoshana Lynn Richardson, LMT Case No.: 2016-15296 Date: 03/06/17 Page 5 of 5
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 850-617-1962 KM/cdp Florida Department of Health Division of Medical Quality Assurance 4052 Bald Cypress Way, Bin C-00 Tallahassee, FL 32399 PHONE: (850) 245-4224 FAX (850) 414-8209 Accredited Health Department Public Health Accreditation Board