MINUTES
DEPARTMENT OF HEALTH
BOARD OF MASSAGE THERAPY
th
360 GENERAL BUSINESS MEETING
April 29-30, 2010
Marriott Tampa Airport
Tampa International Airport
4200 George J. Bean Pkwy.
Tampa, Florida 33607
813-879-5151
Call to Order Karen Ford, LMT
Roll Call Paula Mask, Program Operations Administrator
CALL TO ORDER
The meeting was called to order by Ms. Ford, LMT, Chair, approximately 9:00 a.m. Those present for all or part of the
meeting included the following:
MEMBERS PRESENT: STAFF PRESENT:
Karen Ford, LMT, Chair Kaye Howerton, Executive Director
Bridget Burke-Wammack, LMT, V-Chair Paula Mask, Program Operations Administrator
Amy Hagen, LMT Brandy Boehm, Regulatory Specialist I
Lydia Nixon, LMT
Robert Smallwood, LMT OTHERS PRESENT:
Lisa Oliver, Consumer Member Judy Rivenbark, M.D.
William Stoehs, Consumer Member Medical Director
Professionals Resource Network, Inc.
BOARD COUNSEL:
Timothy Dennis, Esquire COURT REPORTER:
Berryhill & Associates
DEPARTMENT PROSECUTING ATTORNEY: Office: 727.725.9157
Sam DiConcilio Fax: 727.725.8749
Please note that the meeting minutes reflect the actual order agenda items were discussed during the meeting
and may differ from the agenda outline.
THURSDAY, April 29, 2010
*REVIEW AND APPROVAL OF MINUTES
Tab 1 January 21-22, 2010 Minutes - Withdrawn
*REPORTS
Tab 2 Board Chair Report – Karen Ford , LMT
A. History Applicant Update
Mr. Smallwood made a motion to ratify the list of massage therapists and establishment applicants for licensure
approved by board staff and Ms. Ford. Ms. Burke-Wammack seconded the motion which carried 7/0.
After introduction of the new board members and the Assistant Attorney General, Ms. Ford made the following liaison
appointments:
Budget Liaison: Lisa Oliver
Colon HydroTherapy Liaison: Amy Hagen
Continuing Education Liaison: Bob Smallwood
History Liaison: Karen Ford
Florida Board of Massage Therapy Agenda Page 1 of 29
April 29-30, 2010
Legislative Liaison: Karen Ford
Public Relations Liaison: Karen Ford
Rules Liaison: Bridget Burke-Wammack
School Liaison: Bob Smallwood
Unlicensed Activity: Lydia Nixon
Probable Cause Panel: Karen Harrison and William Stoehs
Federation of State Massage Therapy boards/Delegate: Karen Ford
Tab 3 Vice Chair Report – Bridget K. Burke-Wammack, LMT
No Report
Tab 4 Board Counsel's Report – Timothy Dennis, Esquire
A. Rule 64B7-31.001 Colonic Irrigation
Mr. Dennis advised the term colon hydrotherapy could not be used in the amended rule due to statutory language.
Therefore, he recommended amending the rule to reflect the statutory term, colonic irrigation.
Ms. Burke-Wammack made a motion to amend the rules to reflect the term colonic irrigation in rules 64B7-25.011,
29.001, 29.007, and 31.001. Mr. Smallwood seconded the motion which carried 7/0.
B. Rules Status Report
Mr. Dennis advised rule 64B7-32.003 regarding the curriculum for massage programs became effective 4/25/10. After
discussion Mr. Smallwood moved to open this rule for rule development. Ms. Oliver seconded the motion which carried
7/0.
Tab 5 Executive Director's Report - Kaye Howerton
A. SB 996 Human Trafficking/Massage Services
Ms. Howerton updated the board that SB 996 has not passed the Legislature. Also, SB 752 was moving in the
Legislature.
Tab 6 Rules Liaison Report – Bridget K. Burke-Wammack, LMT
A. Rule 64B7-32.003 Minimum Requirements for Board of Massage Therapy Approval
Rule 64B7-32.003, F.A.C. – Amended effective 4/25/10
Discussed previously.
B. Rule 64B7-32.004 Standards for Transfer of Credit
Non-certified School Letter
The non-certified school letter will be sent to the applicant.
Mr. Smallwood requested a list of the schools that are not accepted in California
Any schools not accepted in California will not be accepted by Florida
The board will not accept a transfer of credit form by a Florida board approved school if the school used a
transcript from a non-acceptable program
Tab 7 Public Relations Liaison Report – Karen Ford, LMT
The chair advised the board of the upcoming July FSMTA convention and that there will be an article by the board in the
next FSMTA journal
Florida Board of Massage Therapy Agenda Page 2 of 29
April 29-30, 2010
Tab 8 Continuing Education Liaison Report - Bob Smallwood
A. Approved CE Providers/Courses
Mr. Smallwood moved to ratify the approved CE providers and courses list. Ms. Burke-Wammack seconded the motion
which carried 7/0.
Tab 9 Budget Liaison Report - William Stoehs
Mr. Stoehs presented the cash balance and expenditure report.
Tab 10 School Liaison Report - Bob Smallwood, LMT
A. Approved Schools
Ms. Burke-Wammack made a motion to ratify the list of approved schools as presented in the addendum. Mr. Stoehs
seconded the motion which carried 7/0.
Tab 11 Probable Cause Panel Report - William Stoehs
A probable cause panel meeting was held on April 14, 2010. The following cases were handled:
42 administrative complaints
1 case tabled
1 case withdrawn
Closing orders: 31 and 3 were tabled for Letters of guidance
Letters of Guidance: 4 were approved and 1 was tabled for an administrative complaint
DISCIPLINARY PROCEEDINGS
SETTLEMENT AGREEMENTS
The following settlement agreement cases, tabs 12, 14, 16, 18, 20, 21, 24, 26, 29, 30 and 31 were voted on as one vote:
Tab 12 Stephanie F. Hendricksen, LMT - Case # 2009-17630 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 480.043(1),
480.047(1)(b) and 480.046(1)(n), F.S.
Reprimand
Pay $500 fine within 60 days from the date of the filed final order
Pay $1,161.87 costs within 60 days from the date of the filed final order
Tab 14 Ann C. Smith, LMT Case # 2009-12822 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(n), F.S.
Reprimand
Pay $150 fine within 30 days from the date of the filed final order
Pay $890.91 costs within 30 days from the date of the filed final order
Florida Board of Massage Therapy Agenda Page 3 of 29
April 29-30, 2010
Tab 16 Ancient Healing Secrets Case # 2009-17251 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 480.043(7)(b), and
480.043(1), F.S.
Reprimand
Pay $750 fine within 30 days from the date of the filed final order
Pay $1,121.48 costs within 30 days from the date of the filed final order
Tab 18 Pauline E. Lindner, LMT Case # 2009-16826 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(n) 480.046(1)(o),
480.047(1)(b), and 480.043(1), F.S.
Reprimand
Pay $1,250 fine within 30 days from the date of the filed final order
Pay $1,170.79 costs within 30 days from the date of the filed final order
Tab 20 Healing Edge Case # 2009-18583 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 480.043(7)(b) and
480.043(1), F.S.
Letter of Concern
Pay $350 fine within 30 days from the date of the filed final order
Pay $661.23 costs within 30 days from the date of the filed final order
Tab 21 Forte Salon & Spa, Inc. Case # 2009-16646 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o) and 480.0465, F.S.
Reprimand
Pay $500 fine within 30 days from the date of the filed final order
Pay $361.75 costs within 30 days from the date of the filed final order
Tab 24 Catherine Flesche Bloom, LMT Case # 2009-18044 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 480.043(1),
480.047(1)(b) and 480.046(1)(n), F.S.
Reprimand
Pay $400 fine within 30 days from the date of the filed final order
Pay $762.72 costs within 30 days from the date of the filed final order
Florida Board of Massage Therapy Agenda Page 4 of 29
April 29-30, 2010
Tab 26 Susana G. Iber, LMT Case # 2009-20201 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(n), F.S.
Reprimand
Pay $350 fine within 30 days from the date of the filed final order
Pay $736.09 costs within 30 days from the date of the filed final order
Tab 29 Madelinne Rodriguez, LMT Case # 2009-09649 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(n), F.S.
Reprimand
Pay $300 fine within 30 days from the date of the filed final order
Pay $1,421.36 costs within 30 days from the date of the filed final order
Tab 30 Nelly Dubon, LMT Case # 2009-13773 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(n), F.S.
Reprimand
Pay $150 fine within 30 days from the date of the filed final order
Pay $1,222.39 costs within 30 days from the date of the filed final order
Tab 31 Rita Costa, LMT Case # 2009-17854 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(n), F.S.
Reprimand
Pay $550 fine within 30 days from the date of the filed final order
Pay $763.38 costs within 30 days from the date of the filed final order
Action Taken: Ms. Burke-Wammack moved to adopt the settlement agreements as presented for tabs 12, 14, 16, 18,
20, 21, 24, 26, 29, 30 and 31. Mr. Stoehs seconded the motion which carried 7/0.
Tab 13 Mary E. Thurston, LMT Case # 2009-07246 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.072(1)(x),
456.072(1)(h), and 456.072(1)(m), F.S.
Florida Board of Massage Therapy Agenda Page 5 of 29
April 29-30, 2010
Action Taken: Mr. Smallwood moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $1000 fine within 30 days from the date of the filed final order
Pay $1,216.29 costs within 30 days from the date of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
Tab 15 Massage Asia Case # 2009-17521 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(e), 480.046(1)(j),
480.046(1)(o) and 480.047(1)(c), F.S.
Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $2,250 fine within 30 days from the date of the filed final order
Pay $790.09 costs within 30 days from the date of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
Tab 17 Linda Lee Demming, LMT Case # 2009-13934 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(n), 480.046(1)(o),
480.047(1)(b), 480.043(1) and 480.046(1)(d), F.S.
Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $750 fine within 30 days from the date of the filed final order
Pay $650.02 costs within 30 days from the date of the filed final order
Ms. Oliver seconded the motion, which passed 7/0.
Tab 19 Oriental Celebrity Massage Case # 2009-01032 PCP: Harrison & Haynes
Addendum Additional Information
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(e), 480.046(1)(j),
480.046(1)(o) and 480.047(1)(c), F.S.
Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $2,250 fine within 30 days from the date of the filed final order
Pay $944.42 costs within 30 days from the date of the filed final order
Mr. Smallwood seconded the motion, which passed 7/0.
Florida Board of Massage Therapy Agenda Page 6 of 29
April 29-30, 2010
Tabs 22 and 23 were considered as one vote
Tab 22 Edmund C. McCallum Case # 2009-15322 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Tab 23 Edmund Cooper McCallum Case # 2009-15453 PCP: Harrison & Haynes
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented for case # 2009-15322:
Reprimand/Suspension until such time as fines and costs are paid in DOH Case # 2006-35871
(paid 2/12/10)
Pay $250 fine within 30 days from the date of the filed final order
Pay $540.90 costs within 30 days from the date of the filed final order
And for case # 2009-15453
Reprimand/suspension until such time as fines and costs are paid in DOH Case # 2006-36465 (paid
2/12/10
Pay $250 fine within 30 days from the date of the filed final order
Pay $477.68 costs within 30 days from the date of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
Tab 25 Howard Accident And Injury Chiropractic Clinic - Case # 2009-18348 - PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $250 fine within 30 days from the date of the filed final order
Pay $277.47 costs within 30 days from the date of the filed final order
Ms. Nixon seconded the motion, which passed 7/0.
Tab 27 Jorge Pedro-Oviedo, LMT Case # 2008-09587 PCP: Harrison & Haynes
WITHDRAWN
Tab 28 Sharon D. Butler, LMT Case # 2008-07650 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. Diconcilio represented the department.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.072(1)(h),
456.072(1)(m), 456.035(1) and 456.072(1)(q), F.S.
Action Taken: Mr. Smallwood moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $1,000 fine within 30 days from the date of the filed final order
Pay $1,089.76 costs within 30 days from the date of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
Florida Board of Massage Therapy Agenda Page 7 of 29
April 29-30, 2010
Tab 39 Scott Thomas Salon and Spa Case #2009-05754 PCP: Harrison & Haynes
(moved from Determination of Waiver to Settlement Agreements)
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 480.043(7)(b),
480.046(1)(n) and 480.047(1)(b), F.S., and rules 64B7-26.007(2) and 64B7-28.002, F.A.C.
Action Taken: Mr. Smallwood moved to adopt the Settlement Agreement as presented:
Reprimand
Pay $550 fine within 30 days from the date of the filed final order
Pay $2,038.56 costs within 30 days from the date of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
VOLUNTARY RELINQUISHMENTS
Tabs 32, 33, 34, 35, 37 and 44, were voted as one vote.
Tab 32 Su J. Kang, LMT Case # 2008-07073 PCP: Harrison & Haynes
Tab 33 Amarige Massage Case # 2009-01146 PCP: Harrison & Haynes
Tab 34 Amarige Case # 2008-28170 PCP: Harrison & Haynes
Tab 35 Mirta Isabel Okonski, LMT Case # 2008-28168 PCP: Harrison & Haynes
Tab 37 Theresa Konieczny LMT, d/b/a Little Flowers Wellness
Case # 2009-20793 PCP: Harrison & Haynes
Tab 44 Juan D. Ferrrer, LMT Case # 2006-09313 PCP: Harrison & Haynes
Moved from Determination of Waiver to Voluntary Relinquishment
The respondents were not present nor represented by counsel. Ms. DiConcilio represented the department and
presented the cases to the board.
Action Taken: Mr. Smallwood moved to accept the voluntary relinquishments of licensure for Tabs 32, 33, 34, 35, 37
and 44. Mr. Stoehs seconded the motion which passed 7/0.
Tab 36 Pamela Jane Arnold, LMT Case # 2009-01125 PCP: Harrison & Haynes
The respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented
the cases to the board.
Action Taken: Ms. Burke-Wammack moved to accept the voluntary relinquishment of licensure. Mr. Stoehs seconded
the motion which passed 7/0.
DETERMINATION OF WAIVERS
Tab 38 Spa Serenity Case # 2008-20108 PCP: Harrison & Haynes
Paul Humphries, owner, was present. Ms. DiConcilio represented the department and presented the case to the board
and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(e) and 480.046(1)(j), Florida
Statutes.
Florida Board of Massage Therapy Agenda Page 8 of 29
April 29-30, 2010
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding. Mr. Smallwood seconded the motion which carried 7/0.
Ms. Ford then moved to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Burke-
Wammack seconded the motion, which passed 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; suspension of license for one (1) year and appear before board before license is
reinstated and board reserves jurisdiction to impose reasonable conditions upon such reinstatement
Pay $1,250 fine within 30 days of the filed final order
Pay $2,240.24 costs within 30 days of the filed final order
Mr. Stoehs seconded the motion, which passed 6/1 with Mr. Smallwood opposing the motion..
Tab 41 Asiami Massage Case # 2009-07553 PCP: Harrison & Haynes
Respondent was/was not present nor represented by counsel. Ms. DiConcilio represented the department and
presented the case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(e), 480.046(1)(j),
480.046(1)(o), 480.047(1)(c), F.S.
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding. Ms. Ford seconded the motion which carried 7/0.
Ms. Burke-Wammack then moved to adopt the materials and any addendum materials into evidence in this proceeding.
Ms. Ford seconded the motion, which passed 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; revocation
Pay $$2,250 fine within 30days of the filed final order
Pay $1,474.88 costs within 30 daysof the filed final order
Mr. Smallwood seconded the motion, which passed 7/0.
(Break for lunch and reconvened approximately 1:30 p.m.)
(Agenda moved out of order)
ADMINISTRATIVE PROCEEDINGS
MASSAGE THERAPIST APPLICANTS
Tab 58 Wendy Lavanture
Ms. Lavanture was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license with the following conditions:
Applicant shall obtain an evaluation from Professionals’ Resource Network (PRN) and comply with
any recommendation within six (6) months from date of filed order
Florida Board of Massage Therapy Agenda Page 9 of 29
April 29-30, 2010
If contract not recommended the license shall be issue unencumbered
Executive Director was delegated authority to assess compliance with this order and authorize
issuance of the license if conditions are met
The license shall be valid for as long as the applicant remains in compliance with any recommended
PRN contract
Mr. Smallwood seconded the motion, which passed 7/0.
Tab 63 Andrea Knight
Ms. Knight was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 59 Edward Brewster
Mr. Brewster was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 60 John McCarthy
Mr. McCarthy was present without counsel. Ms. Lesley Simons from Sanford Brown Institute was present on his behalf.
Action Taken: After discussion, Mr. Smallwood moved to grant the license unencumbered. Ms. Nixon seconded the
motion, which passed 5/2 with Ms. Burke-Wammack and Ms. Ford opposing the motion.
Tab 61 Christine Wurst
Ms. Wurst was present without counsel.
Action Taken: After discussion, Mr. Smallwood moved to grant the license unencumbered. Mr. Stoehs seconded the
motion, which passed 6/1 with Ms. Burke-Wammack opposing the motion.
Tab 62 Richard Conner
Mr. Conner was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 64 Taasha Minoso
Ms. Minoso was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license with the conditions of obtain a PRN
evaluation prior to licensure and comply with contract if one is recommended. Ms. Nixon seconded the motion.
After further discussion was held the motion and second were withdrawn.
Mr. Smallwood made a motion to grant the license unencumbered. Mr. Stoehs seconded the motion which passed 7/0.
(break)
Florida Board of Massage Therapy Agenda Page 10 of 29
April 29-30, 2010
(Agenda moved out of order)
INFORMAL HEARINGS
Tab 104 Jennifer Ann Silva Case 2009-08087 PCP: Harrison & Haynes
Tab 105 Jennifer Ann Silva Case 2009-18630 PCP: Harrison & Haynes
Respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the
board.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(g), 480.046(1)(o) and 456.
072(1)(x), F.S..
Mr. Smallwood moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to
adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms.
Ford seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the allegations of law in the administrative complaint as the board’s conclusions of
law in this proceeding. Ms. Ford seconded the motion which carried 7/0.
Ms. Ford moved to adopt the case materials and any materials in the addendum into evidence as a part of the record in
this proceeding. Mr. Smallwood seconded the motion which passed 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Pay $1,000 fine within 1 year of the filed final order
Pay $1,965.77 costs within 1 year of the filed final order (Case # 2009-08087)
Pay $2,377.60 costs within 1 year of the filed final order (Case # 2009-18630)
Reprimand; suspension and stayed while in compliance with PRN
Mr. Smallwood seconded the motion which passed 7/0.
Tab 103 Kacey Breach Case 2009-15824 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(g), 480.046(1)(o) and
456.072(1)(hh), F.S.
Ms. Ford moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Ford moved to adopt the case materials and any materials in the addendum into evidence as a part of the record in
this proceeding. Ms. Burke-Wammack seconded the motion which passed 7/0
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; revocation based on aggravating factors such as danger to the public, length of time
since violation, the deterrent effect of the penalty imposed, licensee failed to continue efforts
towards rehabilitation, licensee has actual knowledge of the violations set forth in the administrative
complaint and refusal by licensee to correct or stop the violations
Fine - none
Pay $4,336.47 costs within 30 days of the filed final order
Ms. Nixon seconded the motion which passed 7/0.
Florida Board of Massage Therapy Agenda Page 11 of 29
April 29-30, 2010
Tab 90 James W. Stone, LMT Case # 2009-18740 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(k), F.S.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute
and to adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding.
Ms. Ford seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the allegations of law in the administrative complaint as the board’s conclusions of
law in this proceeding and to adopt the case materials and any materials in the addendum into evidence as a part of the
record in this proceeding. Ms. Ford seconded the motion which passed 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; revocation
Pay $1,000 fine within 90 days of the filed final order
Pay $444.55 costs within 90 days of the filed final order
Mr. Smallwood seconded the motion, which passed 7/0.
(Agenda moved out of order)
EXEMPTION FROM DISQUALIFICATION FROM EMPLOYMENT
Tab 85 Felicia Jimenez
Ms. Jimenez was not present nor represented by counsel.
Mr. Dennis explained the application for exemption from disqualification. Individuals employed or seeking employment
within an Agency for Health Care Administration regulated facility licensed pursuant to Chapter 400, Florida Statutes,
must receive an exemption from the Board if they have been found guilty of, regardless of adjudication, or entered a
plea of guilty or nolo contendere to any of the criminal offenses listed in Section 435.03(2) and 435.04(2), Florida
Statutes.
ACTION TAKEN: Mr. Smallwood made a motion to approve Ms. Jiminez’s request for exemption from employment
disqualification. Ms. Burke-Wammack seconded the motion which passed 7/0.
Tab 84 Lennon Diaz
Mr. Diaz was not present nor represented by counsel.
Mr. Dennis explained the application for exemption from disqualification. Individuals employed or seeking employment
within an Agency for Health Care Administration regulated facility licensed pursuant to Chapter 400, Florida Statutes,
must receive an exemption from the Board if they have been found guilty of, regardless of adjudication, or entered a
plea of guilty or nolo contendere to any of the criminal offenses listed in Section 435.03(2) and 435.04(2), Florida
Statutes.
ACTION TAKEN: Mr. Smallwood made a motion to deny his request for exemption from employment disqualification
based on he has been adjudicated with a disqualifying felony offense with the past 3 years pursuant to s. 435.07(1)(a),
F.S. Ms. Burke-Wammack seconded the motion which carried 7/0.
(Agenda moved out of order)
Florida Board of Massage Therapy Agenda Page 12 of 29
April 29-30, 2010
INFORMAL ADMINISTRATIVE HEARING
Tab 83 Michael C. Mallin, Massage Therapist applicant
Applicant was present and represented by counsel, Jonathan Grout, Esq.
Mr. Dennis explained Mr. Mallin sought review of the Notice of Intent to Deny License filed February 26, 2010 and
requested a hearing not involving disputed issues of material fact.
Discussion ensued.
ACTION TAKEN: Ms. Ford made a motion to uphold the Notice of Intent to Deny and that his application for licensure is
denied based on s. 480.046(1)(a), F.S.. Mr. Smallwood seconded the motion which passed 7/0.
(Agenda moved out of order)
ADMINISTRATIVE PROCEEDINGS
MASSAGE THERAPIST APPLICANTS
Tab 65 Victor Jardim
Mr. Jardim was present but not represented by counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license with the following conditions:
Applicant shall obtain an evaluation from Professionals’ Resource Network (PRN) and comply with
any recommendation within six (6) months from date of filed order
If contract not recommended the license shall be issue unencumbered
Executive Director was delegated authority to assess compliance with this order and authorize
issuance of the license if conditions are met
The license shall be valid for as long as the applicant remains in compliance with any recommended
PRN contract
Mr. Stoehs seconded the motion, which passed 7/0.
Tab 66 Cecilia Otero
Ms. Otero was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 67 Crystal Jackson
Ms. Jackson was present without counsel.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Stoehs
seconded the motion, which passed 7/0.
Tab 68 Anthony Dyges
Mr. Dyges was present without counsel.
Florida Board of Massage Therapy Agenda Page 13 of 29
April 29-30, 2010
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 69 Barbara Crawford
Ms. Crawford was present without counsel. Ms. Oliver was recused from this cse.
ACTION TAKEN: After discussion, Mr. Smallwood moved to grant the license unencumbered. Ms. Burke-Wammack
seconded the motion, which passed 5/1 with Ms. Nixon opposing the motion..
Tab 70 Bethany S Welden – CONTINUED UNTIL JULY
Tab 71 Amy E. Ostrander
Ms. Ostrander was present without counsel.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 72 David Newport – CONTINUED UNTIL JULY
Tab 73 Maria Wolmart
Ms. Wolmart was present without counsel.
ACTION TAKEN: After discussion, Mr. Smallwood moved to grant the license unencumbered. Ms. Burke-Wammack
seconded the motion, which passed 7/0.
Tab 74 Seth Hornaday
Mr. Hornaday was present without counsel.
ACTION TAKEN: After discussion, Mr. Smallwood moved to grant the license unencumbered. Ms. Nixon seconded the
motion, which passed 6/1 with Ms. Burke-Wammack opposing the motion.
Tab 75 Robert Biggs II
Mr. Biggs was present without counsel.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
Tab 76 Christy M Brown
Ms. Brown was present without counsel.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Stoehs
seconded the motion, which passed 7/0.
Florida Board of Massage Therapy Agenda Page 14 of 29
April 29-30, 2010
Tab 77 Angela Moore
Ms. Moore was present without counsel.
ACTION TAKEN: After discussion, Mr. Smallwood moved to grant the license unencumbered. Ms. Nixon seconded the
motion, which passed 7/0.
Tab 78 Lisa M Manning
Ms. Manning was present without counsel.
Action Taken: After discussion, Ms. Burke-Wammack moved to grant the license with the following conditions:
Applicant shall obtain an evaluation from Professionals’ Resource Network (PRN) and comply with
any recommendation within 90 days from date of filed order
If contract not recommended the license shall be issue unencumbered
Executive Director was delegated authority to assess compliance with this order and authorize
issuance of the license if conditions are met
The license shall be valid for as long as the applicant remains in compliance with any recommended
PRN contract
Ms. Nixon seconded the motion, which passed 7/0.
Tab 102 Raphael Walker
Ms. Walker was present without counsel.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to grant the license unencumbered. Mr. Smallwood
seconded the motion, which passed 7/0.
SECTION 456.0635, F.S., Applicants
Tab 79 John Lehmann
Mr. Lehmann was present without counsel. His father, Robert Lehmann, was present on his behalf.
ACTION TAKEN: After discussion, it was determined his charges are not under the purview of s. 456.0635, F.S. Mr.
Smallwood moved to grant the license unencumbered. Mr. Stoehs seconded the motion, which passed 7/0.
Tab 80 Julio Pelayo
Mr. Pelayo was not present but had submitted a written motion to withdraw his application.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to allow withdrawal of the application. Ms. Ford
seconded the motion, which passed unanimously 7/0.
Tab 81 Jorge Borges
Mr. Borges was present and requested the board to allow withdrawal of his application.
ACTION TAKEN: After discussion, Ms. Burke-Wammack moved to allow withdrawal of the application. Mr. Stoehs
seconded the motion, which passed unanimously 7/0.
Florida Board of Massage Therapy Agenda Page 15 of 29
April 29-30, 2010
Tab 82 Elijah Kenneth Williams
Mr. Williams was present and requested the board to allow withdrawal of his application.
ACTION TAKEN: After discussion, Mr. Burke-Wammack moved to allow withdrawal of the application. Mr. Stoehs
seconded the motion, which passed unanimously 7/0.
(Agenda moved out of order)
DETERMINATION OF WAIVERS
Tab 40 Oriental Massage And Spa, LLC - Case # 2008-26754 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.06(1)(e), 480.046(1)(j),
480.046(1)(o), 480.47(1)(c), 480.0485, F.S., and rule 64B7-26.010(1)-(4), F.A.C.
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Mr. Stoehs
seconded the motion which carried 6/0.
Action Taken: After discussion Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; Revocation
Pay $ 4,750 fine within 30 days of the filed final order
Pay $1,647.33 costs within 30 days of the filed final order
Owner, Yi Wang, may not be granted another establishment license.
Ms. Nixon seconded the motion, which passed 7/0.
Tab 42 Alice S. Bennett, LMT Case # 2009-18315 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Mr. Stoehs seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford
seconded the motion, which passed 6/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Reprimand; suspension until costs assessed in case # 2007-29040 and fines and costs in this case
are paid in full
Pay $1,000 fine within 30 days of the filed final order
Pay $491.09 costs within 30 days of the filed final order
Florida Board of Massage Therapy Agenda Page 16 of 29
April 29-30, 2010
Mr. Stoehs seconded the motion, which passed 7/0.
Tab 43 David C. Nolte, LMT Case # 2009-12940 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.072(1)(h), and
456.072(1)(m), F.S.
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; revocation based on the following aggravating factors: length of time since the violation,
failure to make effort towards rehabilitation, actual knowledge of the licensee pertaining to the
violation, and refusal by licensee to correct the violation
Pay $1,000 fine within 30 days of the filed final order
Pay $545.74costs within 30 days of the filed final order
Ms. Ford seconded the motion, which passed 7/0.
Tab 45 Marie C. Jean-Joseph, LMT Case # 2009-04367 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Mr. Stoehs moved to find that the respondent was properly served and waived their rights to a hearing as to the material
issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Nixon moved to adopt the material facts as alleged in the administrative complaint are not in dispute and to adopt
the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Burke-
Wammack seconded the motion which carried 6/0.
Action Taken: After discussion Ms. Nixon moved to IMPOSE the following penalty:
Reprimand; revocation based on the following aggravating factors: number of times licensee has
been previously disciplined, failure to make effort towards rehabilitation, and actual knowledge of
the licensee pertaining to the violation
Pay $1,000 fine within 30 days of the filed final order
Pay $347.99 costs within 30 days of the filed final order
Ms. Burke-Wammack seconded the motion, which passed 7/0.
Tab 46 Karen Culligan, LMT Case # 2008-11974 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.072(1)(x),
456.072(1)(h), 480.047(1)(f) and 480.046(1)(c), F.S.
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Florida Board of Massage Therapy Agenda Page 17 of 29
April 29-30, 2010
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Nixon
seconded the motion which carried 7/0.
Action Taken: After discussion, Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; revocation and respondent may not receive another massage license unless
outstanding fines and costs in this care are paid in full
Pay $3,250 fine within 30 days of the filed final order
Pay $3,290.78 costs within 30 days of the filed final order
Ms. Nixon seconded the motion, which passed 7/0.
SETTLEMENT AGREEMENTS PRESENTED BY MS. DICONCILIO (handout at meeting)
Amanda L. Dale, LMT DOH Case No. 2007-03417 and DOAH Case No. 09-6635F
Elizabeth Zylkowski, LMT DOH Case No. 2007-03421 and DOAH Case No. 09-6636F
Ms. DiConcilio advised the Petitioners and the Department agreed to enter into Settlement Agreements to resolve any
outstanding claims for attorney’s fees and/or costs in these cases. Petitioners were not present nor represented by
counsel.
Action Taken: Ms. Burke-Wammack made a motion to accept both settlement agreements in the above cases and a
settlement in the amount of $3,250.00 for each petitioner to be paid within 60 days of the board meeting approving the
settlement agreement. Mr. Stoehs seconded the motion which carried 7/0.
(The board recessed approximately 7:20 p.m.)
FRIDAY, APRIL 30, 2010
CALL TO ORDER
The meeting was called to order by Ms. Ford, LMT, Chair, approximately 9:00 a.m. Those present for all or part of the
meeting included the following:
MEMBERS PRESENT: STAFF PRESENT:
Karen Ford, LMT, Chair Paula Mask, Program Operations Administrator
Bridget Burke-Wammack, LMT, V-Chair Brandy Boehm, Regulatory Specialist I
Amy Hagen, LMT
Lydia Nixon, LMT
Robert Smallwood, LMT COURT REPORTER:
Lisa Oliver, Consumer Member Berryhill & Associates
William Stoehs, Consumer Member Office: 727.725.9157
Fax: 727.725.8749
BOARD COUNSEL:
Timothy Dennis, Esquire
DEPARTMENT PROSECUTING ATTORNEY:
Sam DeConcilio
Please note that the meeting minutes reflect the actual order agenda items were discussed during the meeting
and may differ from the agenda outline.
Florida Board of Massage Therapy Agenda Page 18 of 29
April 29-30, 2010
DISCIPLINARY PROCEEDINGS
INFORMAL HEARINGS
Tab 86 Felicia Jane Wright, LMT Case # 2009-16342 PCP: Harrison & Haynes
Respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the
board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(i), 480.046(1)(d),
480.046(1)(o), 480.0465, 480.047(1)(b) and 480.046(1)(n), F.S., and rule 64B7-33.001(1)-(3), F.A.C..
Mr. Smallwood moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to
adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Mr.
Stoehs seconded the motion which carried 7/0.
Ms. Ford moved to adopt the allegations of law in the administrative complaint as the board’s conclusions of law in this
proceeding. Mr. Smallwood seconded the motion which passed 7/0.
Ms. Burke-Wammack moved to adopt the case materials and any materials in the addendum into evidence as a part of
the record in this proceeding. Mr. Stoehs seconded the motion which passed 7/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Pay $2700 fine within 1 year of the filed final order
Pay $1,267.43 costs within 1 year of the filed final order
Reprimand
Probation for one (1) year probation to include:
o Indirect supervision by board-approved monitor,
o Board delegated authority to Executive Director to approve Respondent’s monitor
o Monitor submit quarterly report every ninety (90) days
o Four (4) unannounced inspections by department investigators
Ms. Burke-Wammack seconded the motion which passed 7/0.
Additional Action Taken: Mr. Smallwood amended his motion to include the licensee shall appear before board at the
last board meeting prior to expiration of the period of probation. Ms. Burke-Wammack seconded the motion which
carried 7/0.
Tab 87 Slossberg Family Chiropractic Center, Inc. Case # 2009-19758 PCP: Harrison & Haynes
David Slossberg was present without counsel, ___________. Ms. DiConcilio represented the department and presented
the case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(o) and 480.047(1)(b), F.S.,
and rule 64B7-28.002, F.A.C.
Mr. Smallwood moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to
adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms.
Burke-Wammack seconded the motion which carried 6/0.
Respondent addressed the board.
Action Taken: After discussion, Ms. Burke-Wammack moved to dismiss the administrative complaint filed in this case.
Mr. Stoehs seconded the motion which carried 7/0.
Florida Board of Massage Therapy Agenda Page 19 of 29
April 29-30, 2010
Tab 88 Frieda G. Sparks, LMT Case # 2009-20396 PCP: Harrison & Haynes
Respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the
board.
The department filed an administrative complaint alleging a violation of section(s) 480046(1)(o) and 480.047(1)(b), F.S.,
and rule 64B7-28.002, F.A.C.
Mr. Stoehs moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms. Burke-
Wammack seconded the motion which carried 7/0.
Respondent addressed the board.
Action Taken: After discussion, Mr. Smallwood moved to dismiss the administrative complaint filed in this case. Mr.
Stoehs seconded the motion which carried 7/0.
Tab 89 Frieda G. Sparks, LMT Case # 2009-20996 PCP: Harrison & Haynes
Respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the
board.
The department filed an administrative complaint alleging a violation of section(s) 480. 480.046(1)(o), 480.047(1)(b), and
480.046(1)(n), F.S.
Mr. Stoehs moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms. Burke-
Wammack seconded the motion which carried 7/0.
Respondent addressed the board.
Action Taken: After discussion, Ms. Burke-Wammack moved to dismiss the administrative complaint filed in this case.
Mr. Stoehs seconded the motion which carried 7/0.
Tab 91 Anthony Lorne Johnson LMT Case # 2009-04940 PCP: Harrison & Haynes
WITHDRAWN (later in the meeting Mr. Johnson appeared without notification that his case had
been withdrawn)
Tab 92 Far Eastwood, INC. Case # 2009-09248 PCP: Harrison & Haynes
Respondent, Chong Lee, was present with counsel, J Jason Bangos, Esq.. Ms. DiConcilio represented the department
and presented the case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(e), 480.047(1)(c),
480.046(1)(o), 480.046(1)(j), 480.046(1)(k), and 480.046(1)(d), F.S.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute
and to adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding.
Mr. Smallwood seconded the motion which carried 7/0.
Mr. Stoehs moved to adopt the allegations of law in the administrative complaint as the board’s conclusions of law in this
proceeding and to adopt the case materials and any materials in the addendum into evidence as a part of the record in
this proceeding. Ms. Burke-Wammack seconded the motion which passed 7/0.
Florida Board of Massage Therapy Agenda Page 20 of 29
April 29-30, 2010
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Pay $4,750 fine within 30 days of the filed final order
Pay $2,437.15 costs within 30 days of the filed final order
Reprimand; permanent revocation based on following aggravating factors: the number of times the
licensee has been previously disciplined, failure of licensee to make efforts towards rehabilitation by
allowing unlicensed persons to practice massage, and the refusal of respondent to correct or stop
the violations
Ms. Nixon seconded the motion which passed 7/0.
Additional Action Taken: Mr. Smallwood made a motion to allow payment of fines and costs within 90 days of the filed
final order. Ms. Ford seconded the motion which carried 7/0.
Additional Action Taken: Ms. Burke-Wammack amended her original motion stating Ms. Chong Lee shall not be
issued another massage establishment license. Ms. Nixon seconded the motion which carried 7/0.
(break)
Tab 93 Golden Spa, INC. Case # 2009-01274 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(o), F.S., and rule 64B7-
25.003(4), F.A.C.
Ms. Ford moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Mr.
Smallwood seconded the motion which carried 7/0.
Mr. Smallwood moved to adopt the allegations of law in the administrative complaint as the board’s conclusions of law in
this proceeding and to adopt the case materials and any materials in the addendum into evidence as a part of the record
in this proceeding. Ms. Burke-Wammack seconded the motion which passed 7/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Pay $250 fine within 30 days of the filed final order
Pay $530.92 costs within 30 days of the filed final order
Reprimand; suspension until proof of insurance is provided in effect on December 29, 2008
Ms. Burke-Wammack seconded the motion which passed 7/0.
Tab 94 Golden Spa, Inc. Case # 2009-04282 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.04691)(k), F.S.
Mr. Stoehs moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to and to adopt the case materials and any materials in the addendum into evidence as a
part of the record in this proceeding. Mr. Stoehs seconded the motion which passed 7/0.
Florida Board of Massage Therapy Agenda Page 21 of 29
April 29-30, 2010
Action Taken: After discussion Ms. Nixon moved to IMPOSE the following penalty:
Pay $1,000 fine within 30 days of the filed final order
Pay $4,374.46 costs within 30 days of the filed final order
Reprimand; revocation based on following aggravating factors: number of times licensee has been
previously disciplined, failure to make any efforts towards rehabilitation, and refusal of licensee to
correct/stop the violations
Respondent’s owner, Ann H. Todd, may not be granted another establishment license
Mr. Stoehs seconded the motion which passed 7/0.
Tab 95 Rebecca J. Marratta, LMT Case # 2008-11949 PCP: Harrison & Haynes
Respondent was present with counsel, Ray Noble, Esq. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(c), F.S.
Mr. Smallwood moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to
adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms.
Ford seconded the motion which carried 7/0.
Respondent and counsel addressed the board.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Pay $1,000 fine within 60 days of the filed final order
Pay $1,199.70 costs within 60 days of the filed final order
Reprimand; suspension; three (3) years probation to include:
o Indirect supervision by board-approved monitor,
o Board delegated authority to Executive Director to approve Respondent’s monitor
o Monitor submit quarterly report every ninety (90) days
o Four (4) unannounced inspections by department investigators
Motion was seconded and failed 3/4 with Mr. Smallwood, Ms. Oliver, Ms. Nixon and Ms. Hagen opposing the motion.
Additional Action Taken: After additional discussion, Mr. Smallwood made a motion to revoke the license and fines
and costs to be paid within 60 days of the filed final order. Ms. Nixon seconded the motion which passed 4/3 with Mr.
Stoehs, Ms. Ford and Ms. Burke-Wammack opposing the motion.
(break)
Tab 96 Suzette B. Henderson, LMT Case # 2009-12688 PCP: Harrison & Haynes
Respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the
board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(n), F.S.
Mr. Smallwood moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to
adopt the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding. Ms.
Burke-Wammack seconded the motion which carried 7/0.
Respondent addressed the board.
Action Taken: After discussion, Ms. Burke-Ford moved to dismiss the administrative complaint filed in this case. Ms.
Nixon seconded the motion which carried 7/0.
Florida Board of Massage Therapy Agenda Page 22 of 29
April 29-30, 2010
Tab 97 Verdecia Salon Case # 2009-08712 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board.
The department filed an administrative complaint alleging a violation of section(s) 480.046(1)(o), and 480.0465, F.S.,
and rule 64B7-33.001(1), F.A.C.
Ms. Ford moved to adopt the material facts as alleged in the Administrative Complaint are not in dispute and to adopt
the allegations of fact in the administrative complaint as the board’s conclusions of fact in this proceeding; to adopt the
allegations of law in the administrative complaint as the board’s conclusions of law in this proceeding and to adopt the
case materials and any materials in the addendum into evidence as a part of the record in this proceeding. Ms. Burke-
Wammack seconded the motion which carried 6/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Pay $250 fine within 30 days of the filed final order
Pay $637.81 costs within 30 days of the filed final order
Reprimand
Ms. Ford seconded the motion which passed 7/0.
PETITIONS FOR VARIANCE AND WAIVER
Tab 98 Joan M. Johns Re: Rule 64B7-25.004(1)(f), Endorsements
Ms. Johns was present and Mr. Dennis addressed the board regarding her petition. Ms. Johns requested an exemption
from rule 64B7-25.004(1)(f)(g)(h), F.A.C.
After further discussion, it was determined that Ms. Johns needs 2 additional hours of HIV/AIDS and 10 hours of laws
and rules from an approved school. Ms. Johns advised she would withdraw her petition and locate a school to take the
requisite courses to be licensed by endorsement.
Action Taken: Ms. Burke-Wammack made a motion to allow withdrawal of Ms. Johns’ petition. Ms. Ford seconded the
motion which carried 7/0.
Tab 99 Andrew Irizarry Re: Rule 64B7-25.001, F.A.C., Examination Requirements
Mr. Irizarry was present. Ms. Cynthia Kyper, Division of Vocational Rehabilitation, Department of Education, was present
on Mr. Irizarry’s behalf.
Mr. Irizarry is legally blind and hearing impaired. His petition requested the board to waive the requirement of passage of
one of the four examinations that an applicant can take in order to meet the licensing requirement of the board. He was
previously licensed based on his passage of the Florida state exam in effect at that time. He was issued a license
September 20, 1993. His license became null and void in 2001. He presented testimony that he had attempted to take
the present examination on two (2) occasions but due to the lack of accommodations by the contracted testing entity, he
was unable to adequately complete the test.
Action Taken: Ms. Burke-Wammack made a motion to grant the petition as petitioner had met the purpose of the
underlying statute as he had previously passed the state exam required for licensure in 1993. Ms. Ford seconded the
motion which carried 7/0.
Florida Board of Massage Therapy Agenda Page 23 of 29
April 29-30, 2010
NEW BUSINESS
Tab 108 History Chart regarding applicants
This item was withdrawn and the board will review at its next meeting.
Tab 109 Tim Davidson’s Correspondence to the Board – Addendum New Item
Mr. Davidson was present and appeared before the board. After discussion, the board and Mr. Dennis requested Mr.
Davidson to file a Petition for Declaratory Statement and the board will address at the next available meeting.
(Agenda moved out of order)
DETERMINATION OF WAIVERS
Tab 47 Amedicare Rehab Center, INC. Case # 2009-18545 PCP: Harrison & Haynes
Respondent was/was not present nor represented by counsel. Ms. DiConcilio represented the department and
presented the case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of section 480.046(1)(k), F.S.
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford seconded
the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand
Pay $1,000 fine within 30 days of the filed final order
Pay $300.86 costs within 30days of the filed final order
Respondent’s owner, Liliana M. Hadfeg, may not be granted another massage establishment
license until the fine and costs in Case No. 2005-67275, and the fine and costs in this case, are paid
in full.
Ms. Nixon seconded the motion, which passed 7/0.
Tab 48 Coomeva Medical Center, INC. Case # 2009-05153 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o) and 456.072(1)(q), F.S..
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Ms. Ford seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Mr. Stoehs
seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Florida Board of Massage Therapy Agenda Page 24 of 29
April 29-30, 2010
Reprimand
Pay $250 fine within 30 days of the filed final order
Pay $$398.67 costs within 30 days of the filed final order
Owner, Edgar J. Carrascal, may not be granted another establishment license until fines and costs
of case # 2008-20712 and instant case are paid in full.
Mr. Smallwood seconded the motion, which passed 7/0.
Tab 49 Beau Monde Too, Inc. Case # 2009-18314 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(k), F.S.
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford
seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Nixon moved to IMPOSE the following penalty:
Reprimand
Pay $1,000 fine within 30 days of the filed final order
Pay $229.27 costs within 30 days of the filed final order
Owners, Gregory and/or Patricia Ellerbrock, may not be granted another establishment lciense until
fine and costs of case # 2008-01555 are paid in full
Mr. Smallwood seconded the motion, which passed 7/0.
Tab 50 Raymond Michael Chopki, LMT - Case # 2008-08273 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o)(n), 480.047(1)(b), and
480.043(1) F.S., and rule 64B7-26.002, F.A.C.
Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing as to the material
issues of fact by not filing a response. Mr. Stoehs seconded the motion which carried 7/0.
Ms. Ford moved to adopt the material facts as alleged in the administrative complaint are not in dispute and to adopt the
allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this proceeding;
and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Burke-Wammack
seconded the motion which carried 7/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Reprimand
Pay $500 fine within 30days of the filed final order
Pay $1,209.47 costs within 30 days of the filed final order
Ms. Burke-Wammack seconded the motion, which passed 7/0.
Florida Board of Massage Therapy Agenda Page 25 of 29
April 29-30, 2010
Tab 51 Palm Beach Medical Center Case # 2009-03649 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.072(1)(q), F.S..
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford
seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand
Pay $250 fine within 30 days of the filed final order
Pay $795.04 costs within 30 days of the filed final order
Respondent’s owner, Gerard Valere, may not be granted another establishment license until the
fine, costs, dishonored check, and service fee of case 3 2008-20711, and fine and costs in this
case, are paid in full
Ms. Ford seconded the motion, which passed 7/0.
Tab 52 Jennifer Kinsey, LMT Case # 2009-02285 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.04691)(o), and 456.072(1)(q), F.S..
Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing as to the material
issues of fact by not filing a response. Ms. Nixon seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford
seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Reprimand; Suspended until all charges assessed in case # 2007-34233, and the fines and costs in
this case, are paid in full
Pay $ 250 fine within 30 days of the filed final order
Pay $ 1,259.47costs within 30 days of the filed final order
Ms. Nixon seconded the motion, which passed 7/0.
Tab 53 Emillo Gomez, LMT Case # 2008-14342 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o), 456.013(7) and
456.034(1), F.S., and rule 64B7-28.009(1) and (5), F.A.C..
Florida Board of Massage Therapy Agenda Page 26 of 29
April 29-30, 2010
Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing as to the material
issues of fact by not filing a response. Mr. Smallwood seconded the motion which carried 7/0.
Action Taken: After discussion, Ms. Ford moved to dismiss the administrative complaint filed in this case. Mr.
Smallwood seconded the motion which carried 7/0
Tab 54 Michelle Lynn Woiton, LMT Case # 2009-02245 PCP: Harrison & Haynes
Respondent was/was not present nor represented by counsel. Ms. DiConcilio represented the department and
presented the case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o) and 456(072(1)(q), F.S.
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Mr. Stoehs
seconded the motion which carried 7/0.
Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty:
Suspension until submission of proof of completion of the CEUs required by the Final Order in Case
# 2008-17729
Pay $250 fine within 30 days of the filed final order
Pay $971.40 costs within 30 days of the filed final order
Ms. Nixon seconded the motion, which passed 7/0.
Tab 55 Marie A. Pierre, LMT Case # 2008-17231 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(k), 480.046(1)(o) and
456.035, F.S..
Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing as to
the material issues of fact by not filing a response. Ms. Ford seconded the motion which carried 7/0.
Mr. Stoehs moved to adopt the material facts as alleged in the administrative complaint are not in dispute and to adopt
the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding. Mr. Smallwood seconded the motion which carried 7/0.
Ms. Ford then moved to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Burke-
Wammack seconded the motion, which passed 7/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Reprimand
Pay $1,250 fine within 30 days of the filed final order
Pay $1,223.64 costs within 30 days of the filed final order
Mr. Stoehs seconded the motion, which passed 7/0.
Florida Board of Massage Therapy Agenda Page 27 of 29
April 29-30, 2010
Tab 56 Ivanska Laureamo-Tate, LMT Case # 2008-17806 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o) and 456.072(1)(h), F.S..
Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing as to the
material issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding; and to adopt the materials and any addendum materials into evidence in this proceeding. Mr. Stoehs
seconded the motion which carried 7/0.
Action Taken: After discussion, Ms. Burke-Wammack made a motion to IMPOSE the following penalty:
Reprimand; Suspension until all charges assessed in case # 2008-05948 and the fine and costs in
this case, are paid in full
Pay $250 fine within 30 days of the filed final order
Pay $1,372.11 costs within 30 days of the filed final order
Ms. Ford seconded the motion which carried 7/0.
Tab 57 Health Quest Enterprises, Inc. Case # 2008-03104 PCP: Harrison & Haynes
Respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the
case to the board and advised the respondent had waived the right to a formal hearing.
The department filed an administrative complaint alleging a violation of sections 480.046(1)(o) and 480.047(1)(b), F.S.,
and rules 64B7-28.002, F.A.C.
Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing as to the material
issues of fact by not filing a response. Ms. Burke-Wammack seconded the motion which carried 7/0.
Ms. Burke-Wammack moved to adopt the material facts as alleged in the administrative complaint are not in dispute and
to adopt the allegations of fact and law in the administrative complaint as the board’s conclusions of fact and law in this
proceeding, and to adopt the materials and any addendum materials into evidence in this proceeding. Ms. Ford
seconded the motion which carried 7/0.
Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty:
Reprimand
Pay $600 fine within 30 days of the filed final order
Pay $1,781.82 costs within 30 days of the filed final order
Ms. Burke-Wammack seconded the motion, which passed 7/0.
PROSECUTOR’S REPORT
Ms. DiConcilio presented the prosecutor’s report.
2007-16
2008-32
2009-32
DISCUSSION REGARDING TEMPORARY PERMITS - HB 1503
Florida Board of Massage Therapy Agenda Page 28 of 29
April 29-30, 2010
Ms. Ford made a motion to oppose allowing temporary permits for massage therapy applicants as it does not serve
public interest and safety. Ms. Burke-Wammack seconded the motion which carried unanimously 7/0.
*INFORMATIONAL
(non-voting matters)
Tab 100 Elbert Cecil Wright V Department of Business and Professional Regulation
Case No 09-6338F
Tab 101 Byron H Keesler and Leroy Boyd V. Community Maritime Park Associates, Inc
OLD BUSINESS
None.
ADJOURNMENT
The meeting adjourned approximately 4:30 p.m.
Florida Board of Massage Therapy Agenda Page 29 of 29
April 29-30, 2010