STATE OF FLORIDA BOARD OF MASSAGE THERAPY Final Order No. DOH-17-2070-5 ED ATE - NOV. artment of #77r Pee Deputy Agency Clerk -MQA all DEPARTMENT OF HEALTH, Petitioner, vs. Case No.: 2015-14306 License No.: MA 66903 WILGEN COBAS, Respondent. FINAL ORDER THIS CAUSE came before the BOARD OF MASSAGE THERAPY (Board) pursuant to Sections 120.569 and 120.57(4), Florida Statutes, on October 19, 2017, in Tampa, Florida, for the purpose of considering a settlement agreement (attached hereto as Exhibit A) entered into between the parties in this cause. Upon consideration of the settlement agreement, the documents submitted in support thereof, the arguments of the parties, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the settlement agreement as submitted be and is hereby approved and adopted in toto and incorporated herein by reference. The costs are $316.00. Accordingly, the parties shall adhere to and abide by all the terms and conditions of the settlement agreement. This Final Order shall take effect upon being filed with the Clerk of the Department of Health.
DONE AND ORDERED this 61/ day of )4, 2017. BOARD OF MASSAGE THERAPY NRO Executive Director for Lydia Nixon, Chair CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been r4t Ft eel provided by U.S. Mail to Wilgen Cobas, 3435 E 1st Court, Hialeah, FL 33013; and by e-mail to Lee Ann Gustafson, Senior Assistant Attorney General, LeeAnn.Gustafson@myflorida.com and Department of Health-PSU Candace. Rochester@ flhealth. gov, on this it9111-day of No\ievAbzA--, 2017. 1 1111,111111111111,111.111111 11,1 1 111 1.111.11011,111111,111,11,1 Wilgen Cobas 3435E 1st Ct Hialeah, FL 33013 Rea Deputy Agency Clerk Certifieci.4rticlip Nuprib01r- 9414 7266 9904 2090 7465 35 `SENDERS RECORD 2
3005 STATE OF FLORIDA BOARD OF MASSAGE THERAPY 07 DEPARTMENT OF HEALTH Petitioner, vs. CASE NO. 2015-14306 WILGEN COBAS, LMT Respondent. SETTLEMENT AGREEMENT I Pursuant to Section 120.57(4)1 Florida Statutes, the above named parties hereby offer this Settlement Agreement to the Board of Massage Therapy (Board) as disposition of the Administrative Complaint, attached hereto as Exhibit "A," in lieu of any other administrative proceedings. The terms herein become effective only if and when a Final Order accepting this Settlement Agreement is issued by the Board and filed. In considering this Settlement Agreement, the Board may review all investigative materials regarding this case. If this Settlement Agreement is rejected, it, and its presentation to the Board, shall not be used against either party.
3006 STIPULATED FACTS 1. For all times pertinent herein, Respondent was a licensed massage therapist in the State of Florida, having been issued license number MA 66903. Respondent's mailing address of record is 3435 East 1st Court, Hialeah, Florida 33011 Respondent's last known address was 1303 Indian Trail, Apt. D, Harker Heights, Texas 76548. 2. Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of Chapters 456 and 480, Florida Statutes. 3. Respondent neither admits nor denies the factual allegations contained in the Administrative Complaint for the purposes of settlement in these administrative proceedings only. STIPULATED LAW 1. Respondent admits that she/he is subject to the provisions of Chapters 456 and 480, Florida Statutes, and the jurisdiction of the Department of Health and the Board.
3007 2. Respondent admits that the stipulated facts, if proven true, constitute violations of law as alleged in the Administrative Complaint. 3. Respondent agrees that the Stipulated Disposition in this case is fair, appropriate and acceptable to Respondent. STIPULATED DISPOSITION 1. Fine: Respondent shall pay an administrative fine of TWO HUNDRED FIFTY DOLLARS ($250.00). 2. Costs: Respondent shall pay the administrative costs associated with the investigation and prosecution of this matter in an amount not to exceed TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00). The fine and costs are to be paid by Respondent to Department of Health, MQA/AMS, Compliance Management and Consumer Services, Attn: Compliance Officer for the Board of Massage Therapy, P.O. Box 6320, Tallahassee, Florida 32314-6320, within One Year of the filing of a Final Order accepting and incorporating this Settlement Agreement. 3. Reprimand: Respondent's massage therapy license will be reprimanded by the Board. 3
3008 4. Suspension: Respondent's massage therapy license shall be suspended until Respondent complies with the requirements of Section 480.041(6), Florida Statutes, which provides that massage therapists who were issued a license before July 1, 2014, must submit to the background screening requirements of s. 456.0135. STANDARD PROVISIONS 5 No force or effect until final order: it is expressly understood that this Settlement Agreement is subject to the approval of the Board and the Department. In this regard, the foregoing paragraphs (and only the foregoing paragraphs) shall have no force and effect unless the Board enters a Final Order incorporating the terms of this Settlement Agreement. 6. Addresses: Respondent must keep current mailing address on file with the Board. Respondent shall notify the Board within ten (10) days of any changes of said address. 7. Future conduct: In the future, Respondent shall not violate Chapters 456, or 480, Florida Statutes, or the rules promulgated pursuant thereto, or any other state or federal law, rule, or regulation
3009 relating to the practice or the ability to practice massage therapy. Prior to signing this agreement, the Respondent shall read Chapters 456, 480, and the Rules of the Board of Massage Therapy, at Chapter 64B32, Florida Administrative Code. 8. Violation of terms considered: It is expressly understood that a violation of the terms of this Settlement Agreement shall be considered a violation of a Final Order of the Board, for which disciplinary action may be initiated pursuant to Chapters 456 and 480, Florida Statutes. 9. Purpose of agreement: Respondent, for the purpose of avoiding further administrative action with respect to this cause, executes this Settlement Agreement. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Settlement Agreement. Respondent agrees to support this Settlement Agreement at the time it is presented to the Board and shall offer no evidence, testimony or argument that disputes or contravenes any stipulated fact or conclusion of law. Furthermore,
3010 should this Settlement Agreement not be accepted by the Board, it is agreed that presentation to and consideration of this Settlement Agreement and other documents and matters by the Board shall not unfairly or illegally prejudice the Board or any of its members from further participation, consideration or resolution of these proceedings. 10. No preclusion of additional proceedings: Respondent and the Department fully understand that this Settlement Agreement and subsequent Final Order incorporating same will in no way preclude additional proceedings by the Board andjor the Department against Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A. 11. Waiver of attorney's fees and costs: Upon the Board's adoption of this Settlement Agreement, the parties hereby agree that with the exception of costs noted above, the parties will bear their own attorney's fees and costs resulting from prosecution or defense of this matter. Respondent waives the right to seek any attorney's fees or costs from the Department and the Board in connection with this matter.
3011 12. Waiver of procedural rights: Upon the Board's adoption of this Settlement Agreement, Respondent expressly waives all rights to further administrative procedure and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of the Settlement Agreement and the Final Order of the Board incorporating said Settlement Agreement. WHEREFORE, the parties hereby request that the Board enter a Final Order accepting, adopting, and implementing the terms contained herein. SIGNED this ici day of Akookt 2017. STATE OF A'ey,c6 COUNTY OF r-'\\ Signed: WI gen Cobas, LMT CASE NO. 2015-14306 Before me personally appeared 0%\t-j,v, whose identity is known to me personally or by 4.\Am\ (type of identification), and who, under oath, acknowledges tha h Ther signature appears above. Sworn to and subscribed by \ day of V\cu,.2.017."k Nota ublic My Commission Expire 7
3012 APPROVED this day of 2017. Celeste Philip, MD, MPH Surgeon General and Secretary Cecilie Dale Sykes Assistant General Counsel DOH Prosecution Services Unit. 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No.: 0250340 (850) 245-4640 Telephone (850) 245-4684 Facsimile
3013 STATE OF FLORIDA BOARD OF MASSAGE THERAPY DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2015-14306 WILGEN COBAS, L1fT, Respondent. AD: IN TRATIVE PLAINT 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 Wilgen Cobas, 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 66903 on or about January 9, 2012.
3014 3. Respondent's mailing address of record is 3435 East 1st Court, Hialeah, Florida 33013. Respondent's last known address was 1303 Indian Trail, Apt. D, Harker Heights, Texas 76548. 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 DOH v. Wilgen Cobas, LMT Case No.: 2025-14306 Date: 02/28/2017 Page 2 of.5
3015 pursuant thereto constitutes grounds for discipline by the Board of Massage Therapy. 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. WIIgen Cobas, LMT Case No.: 2015-14306 Date: 02/28/2017 Page 3 of 5
3016 SIGNED th s f day of 2017. Celeste Philip, MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene 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. Wilgen Cobas, LMT Case No.: 2015-14306 Date: 02/28/2017 Page 4 of 5
3017 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 drninistrative Complaint must conform to Rule 28-106.2015(5), 4lorida Administrative Code. Please be advised that mediation under Section 120573, 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. DOM v. Wilgen Cobas, LMT Case No.: 2015-14306 Date: 02/28/2017 Page 5 of 5
Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Rick Scott Govemor 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