April 23-24, 2009

DEPARTMENT OF HEALTHDIVISION OF MEDICAL QUALITY ASSURANCE

BOARD OF MASSAGE THERAPY

DRAFTMINUTES

352ND GENERAL BUSINESS MEETINGAPRIL 23-24, 2009

Crowne Plaza Orlando Universal7800 Universal BlvdOrlando, FL 32819

(407) 355-0550

THURSDAY, APRIL 23, 2009 @ 9:00 am

CALL TO ORDERThe meeting was called to order by Ms. Lynda Solien-Wolfe, LMT, Chair, at 9:20 a.m. Those present for all or part of the meeting included the following:

MEMBERS PRESENT: STAFF PRESENT:Lynda Solien-Wolfe, LMT, ChairLorena Haynes, LMT, Vice ChairBridget Burke-Wammack, LMTKaren Ford, LMTRobert Smallwood, LMTIrene Andriole, Consumer MemberWilliam Stoehs, Consumer Member

BOARD COUNSEL:Allison Dudley, Esquire

DEPARTMENT PROSECUTING ATTORNEY:Sam DeConcilio

Kaye Howerton, Executive DirectorPaula Mask, Program Operations AdministratorChristy Robinson, Program Operations Administrator

OTHERS PRESENT:Judy Rivenbark, M.D., PRN

COURT REPORTER:American Court ReportingDiana GarciaOffice: 407.896.1813Fax: 407.896.1814

Please note that the meeting minutes reflect the actual order agenda items were discussed during the meeting and may differ from the agenda outline.

REVIEW AND APPROVAL OF MINUTES

Tab 1 January 29, 2009 General Business Meeting Minutes

Action Taken: Ms. Haynes moved to approve minutes. Ms. Andriole seconded the motion, which carried 7/0.

Tab 2 March 13, 2009 General Business Meeting Minutes

Action Taken: Ms. Ford moved to approve the minutes. Ms. Haynes seconded the motion, which carried 7/0.

Board of Massage Therapy Minutes Page 1 of 26April 23-24, 2009

ADMINISTRATVE PROCEEDINGS

REVIEW OF LICENSURE APPLICATIONS

Massage Therapist Applicants

Tab 85 Hong Wang

Ms. Wang was present with counsel, Albert Quirantes, and an interpreter, Yang Wang. All were sworn in by the court reporter. Mr. Sidronio Casis, Unlicensed Activity Investigator Coordinator, was present and sworn in by the court reporter.

Ms. Wang had been investigated for unlicensed activity.

Action Taken: After the Board interviewed the applicant and much discussion, Ms. Burke-Wammack moved to grant the license with conditions:

Probation for 2 years Not work at Asiami Salon Maintain work and home address updates with board Quarterly reports for 2 years Not work in an unlicensed establishment or with unlicensed individuals Board appearance in one year and at end of probation (demonstrate compliance)

Mr. Stoehs seconded the motion which failed 3/4 with Ms. Andriole, Ms. Solien-Wolfe, Ms. Haynes, and Mr. Smallwood opposing the motion.

Action Taken: After further discussion, Ms. Haynes made a motion to deny the license based on Ms. Wang’s unlicensed activity. Mr. Smallwood seconded the motion which passed 4/3 with Ms. Burke-Wammack, Ms. Ford and Mr. Stoehs opposing the motion.

DISCIPLINARY PROCEEDINGS

INFORMAL HEARINGS

Tab 4 Scott Sturtz, Case No. 2008-10581 (p/c/p Harrison & Haynes)

Mr. Sturtz was present without counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Ford moved the material facts as alleged in the administrative complaint are not in dispute. Ms. Andriole seconded the motion, which passed 6/0.

Ms. Andriole moved to adopt the findings of fact which was seconded by Mr. Smallwood which passed 6/0.

Ms. Ford moved to adopt the conclusions of law which was seconded by Ms. Andriole which passed 6/0.

Ms. Andriole moved to adopt the case materials as evidence. Ms. Ford seconded the motion which passed 6/0.

Action Taken: After discussion Ms. Andriole moved to IMPOSE the following penalty:

Pay $450 fine within 60 days Pay $585.66 costs within 60 days Reprimand

Mr. Stoehs seconded the motion which passed unanimously 6/0.

Tab 5 Beau Monde too, Inc., Case No. 2008-01555 (p/c/p Harrison & Haynes)


The establishment owner, Patty, Ellerbrook, was not present nor was she represented by counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Ford moved to adopt the findings of fact. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Mr. Smallwood moved to adopt the conclusions of law. Ms. Andriole seconded the motion which passed 6/0.

Ms. Burke-Wammack moved to adopt the case materials into evidence. Ms. Andriole seconded the motion which passed 6/0.

Action Taken: After discussion Ms. Andriole moved to IMPOSE the following penalty:

Reprimand Pay $250 fine within 30 days Pay $1,373.30 costs within 30 days

Ms. Burke-Wammack seconded the motion, which passed unanimously 6/0.

SETTLEMENT AGREEMENTS

Tab 6 Satsuki Allamon aka Satsuki Lida, Case No. 2008-11961 (p/c/p Harrison & Haynes)

The respondent was present with counsel, Chad Cronon. Ms. DiConcilio represented the department. Ms. DiConcilio advised there was a scrivener’s error and noted to correct the reference from the establishment license to massage therapist.

Action Taken: Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented: Three month suspension and appear before the board prior to termination Pay $1,000 fine within 30 days Pay $1,021.81 costs with 30 days

Ms. Burke-Wammack amended the motion to include 1 year within which to pay fine and costs. Mr. Stoehs seconded the motion which carried 6/0. Both parties agreed for the record.

MOTION FOR DETERMINATION OF WAIVERS AND FOR ENTRY FINAL ORDER BY HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT.

Tab 3 Aloha Therapeutic, Inc., Case No. 2006-14034 (p/c/p Harrison & Andriole)

The respondent was not present nor was the owner represented by counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Andriole was recused due to her participation on the probable cause panel.

Ms. Haynes moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Ford seconded the motion, which passed 6/0.

Ms. Ford moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Ford then moved to adopt the agenda and addendum materials into evidence. Ms. Burke-Wammack seconded the motion, which passed 6/0.


Action Taken: After discussion, Mr. Stoehs moved to impose the following penalty: Pay $4,750 fine Pay $2,836.06 costs

Ms. Ford seconded the motion which carried 6/0.

(The board recessed for approximately 15 minutes.)

MOTION FOR DETERMINATION OF WAIVERS AND FOR ENTRY FINAL ORDER BY HEARING NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT.

Tab 57 Annette Kinship, Case No 2008-07658 (p/c/p Harrison & Haynes)

This case was changed to a Settlement Agreement.

The respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Ford moved to adopt the findings of fact and conclusions of law and to find that the material facts are not in dispute. Ms. Burke-Wammack seconded the motion which passed 6/0.

Action Taken: After discussion Ms. Ford moved to approve the settlement agreement: Reprimand Pay $150 fine within 30 days Pay $303.92 actual costs

Ms. Andriole seconded the motion, which passed unanimously.

Additional Action Taken: Mr. Smallwood amended the motion to allow payment of fine and costs within 90 days. Ms. Andriole seconded the motion which passed 6/0.

Tab 55 Catherine Catalano, Case No. 2008-12474 (p/c/p Harrison & Haynes)

The respondent was not present and without counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Andriole moved to find that the respondent was properly served and waived their rights to a hearing. Mr. Smallwood seconded the motion, which passed 6/0.

Mr. Smallwood moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Ford seconded the motion, which passed 6/0.

Mr. Smallwood then moved to adopt the agenda and addendum materials into evidence. Ms. Andriole seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Reprimand Pay $100 fine within 1 year Pay $373.71 costs within 1 year

Ms. Ford seconded the motion, which passed 6/0.


Tab 56 Kimberly Lynn Froelich, Case No. 2008-04956 (p/c/p Harrison & Haynes)

The respondent was not present nor was she represented by counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing. Mr. Stoehs seconded the motion, which passed 6/0.


Mr. Smallwood moved to adopt the agenda and addendum materials into evidence. Ms. Andriole seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Pay $1,100 fine within 30 days Pay $2,386.56 costs within 30 days

Mr. Stoehs seconded the motion, which passed 6/0.

Additional Action Taken: Ms. Burke-Wammack move to add a reprimand to the penalty. Ms. Ford seconded the motion which carried 6/0.

Tab 58 Howard Accident & Injury Chiro Clinic, Case No. 2008-05258 (p/c/p Harrison & Haynes)

The respondent was present without counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Burke Wammack moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Ford seconded the motion, which passed unanimously.

Ms. Ford then moved to adopt the agenda and addendum materials into evidence. Mr. Smallwood seconded the motion, which passed unanimously.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Reprimand Pay $150 fine within 30 days Pay $670.45 costs within 30 days

Ms. Ford seconded the motion, which passed unanimously.

Tab 59 Asia Health Spa, Inc., Case No. 2008-05258 (p/c/p Harrison & Haynes)

The respondent was not present nor represented by counsel. Ms. DiConcilio represented the department and presented the case to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.




Mr. Smallwood then moved to adopt the agenda materials into evidence. Mr. Stoehs seconded the motion, which passed 6/0.

Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty: Revocation Pay $4,750 fine within 30 days Pay $1,808.54 costs within 30 days

Ms. Burke-Wammack seconded the motion, which passed unanimously.

Tab 60 Susan Worske, LMT, Case No. 2008-11953 (p/c/p Harrison & Haynes)


Ms. Andriole moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Ford seconded the motion, which passed 6/0.

Mr. Smallwood moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute.

Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Ford then moved to adopt the agenda materials into evidence.

Mr. Smallwood seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Reprimand Pay $1,00 fine within 30 days Pay $732.31 costs within 30 days


Tab 61 Michael Wayne Fox, LMT, Case No. 2008-07661 (p/c/p Harrison & Haynes)


Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing. Mr. Stoehs seconded the motion, which passed 6/0.

Ms. Ford moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Mr. Stoehs seconded the motion, which passed 6/0.

Mr. Smallwood then moved to adopt the agenda and addendum materials into evidence. Ms. Ford seconded the motion, which passed 6/0.

Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty: Reprimand Suspension until Mr. Fox pays all moneys due Pay $250 fine within 30 days Pay $725.10 for dishonored check in prior case Pay $272 costs within 30 days Probation


The motion was not seconded. After discussion Ms. Burke-Wammack made a motion to table this matter until information is obtained regarding his previous violations and the previous order. Ms. Ford seconded the motion, which passed 6/0.

Tab 62 Thomas Royan, LMT, Case No. 2008-19512 (p/c/p Harrison & Haynes)


Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Ford seconded the motion, which passed 6/0.


Ms. Ford then moved to adopt the agenda materials into evidence. Mr. Stoehs seconded the motion, which passed 6/0.

Action Taken: The Board agreed to delay voting on this case until all cases had been reviewed. Final disposition was made after TAB 64. (please review the minutes after TAB 64)



Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Andriole seconded the motion, which passed 6/0.


Ms. Burke-Wammack then moved to adopt the agenda materials into evidence.

Ms. Ford seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Ford moved to IMPOSE the following penalty: Revocation Pay $2,000 fine within 30 days Pay $5,236.17 costs within 30 days




Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing. Mr. Smallwood seconded the motion, which passed 6/0.

Ms. Burke-Wammack moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Ford seconded the motion, which passed 6/0.


Ms. Burke-Wammack then moved to adopt the agenda materials into evidence. Mr. Smallwood seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Revocation Pat $2,000 fine within 30 days Pay $1,954.99 costs within 30 days


(The board returned to tab 62 for final disposition)


Action Taken: After discussion Ms. Ford moved to IMPOSE the following penalty: Revocation based on past egregious conduct Pay $2,245.72 costs

Ms. Burke-Wammack seconded the motion which carried 6/0.

Tab 65 Versailles of Destin, Inc., Case No. 2007-34411 (p/c/p Harrison & Haynes)


Ms. Ford moved to find that the respondent was properly served and waived their rights to a hearing. Mr. Stoehs seconded the motion, which passed 6/0.


Mr. Smallwood then moved to adopt the agenda materials into evidence. Ms. Ford seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Ford moved to IMPOSE the following penalty: Reprimand Pay $250 fine within 30 days of the Final Order. Pay $1,036.64 costs within 30 days of the Final Order


Tab 66 Kimberly Bracht, LMT, Case No. 2008-04470 (p/c/p Harrison & Haynes)


Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Ford moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Burke-Wammack then moved to adopt the agenda and addendum materials into evidence. Ms. Andriole seconded the motion, which passed 6/0.


Action Taken: After discussion Ms. Ford moved to IMPOSE the following penalty: Suspension until compliant with previous final order Reprimand Pay $1,000 fine with 30 days Pay $913.78 costs within 30 days


Tab 67 Georgious Adamopulous, LMT, Case No. 2008-04479 (p/c/p Harrison & Haynes)



Mr. Smallwood moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Mr. Smallwood then moved to adopt the agenda and addendum materials into evidence. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Andriole moved to IMPOSE the following penalty: Reprimand Suspension until compliant with previous final order Pay $250 fine within 30 days Pay $411.30 costs within 30 days


Tab 68 Annita Richards LMT, Case No. 2007-16381 (p/c/p Harrison & Haynes)


Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Ford seconded the motion, which passed 6/0.

Ms. Ford moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Ms. Andriole seconded the motion, which passed 6/0.

Ms. Ford then moved to adopt the agenda and addendum materials into evidence. Mr. Stoehs seconded the motion, which passed 6/0.

Action Taken: After discussion Ms. Burke-Wammack moved to IMPOSE the following penalty: Reprimand Pay $100 fine within 90 days Pay $1,239.95 within 90 days

Ms. Andriole seconded the motion, which passed 6/0.

Tab 69 Spa Medicio, LC, Case No. 2007-15617 (p/c/p Harrison & Haynes)






Action Taken: After discussion Ms. Andriole moved to IMPOSE the following penalty: Reprimand Pay $750 fine within 30 days Pay $1,109.87 costs within 30 days

Ms. Ford seconded the motion, which passed 4/2 with Ms. Ford and Mr. Smallwood opposing the motion.

Tab 70 Alice Bennett, LMT, Case No. 2007-29040 (p/c/p Harrison & Haynes)




Mr. Smallwood then moved to adopt the agenda and addendum materials into evidence. Ms. Ford seconded the motion, which passed 6/0.

Action Taken: After discussion Mr. Stoehs moved to IMPOSE the following penalty. Reprimand Suspension until in compliance with PRN and safe to practice Pay $2,757.48 costs within 30 days


Tab 71 Amanda Morgan, LMT, Case No. 2007-27187 (p/c/p Harrison & Haynes)


Ms. Burke-Wammack moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Ford seconded the motion, which passed 6/0.

Ms. Burke-Wammack moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Mr. Smallwood seconded the motion, which passed unanimously.

Mr. Smallwood then moved to adopt the agenda and addendum materials into evidence. Mr. Stoehs seconded the motion, which passed unanimously.

Action Taken: After discussion Mr. Stoehs moved to IMPOSE the following penalty: Reprimand Pay $250 fine within 30 days Pay $538.01 costs within 30 days



Additional Action Taken: After additional discussion, Mr. Stoehs amended his motion to include: Suspension until pays $448 (which includes $15 service charge) for dishonored check pursuant to rule

64B7-30.002(3)(j), Florida Administrative Code.


Tab 72 Angie E. Luti, Case No. 2007-34985 (p/c/p Harrison & Haynes)


Mr. Smallwood moved to find that the respondent was properly served and waived their rights to a hearing. Ms. Burke-Wammack seconded the motion, which passed 6/0.

Ms. Burke-Wammack moved to adopt the findings of fact and conclusions of law and to find that the allegations were not in dispute. Mr. Smallwood seconded the motion, which passed 6/0.


Action Taken: After discussion Ms. Andriole moved to IMPOSE the following penalty: Reprimand Suspension until complies with PRN contract and is safe to practice Pay $873.51 costs within 30 days


PROSECUTION REPORTInformational

Ms. DiConcilio advised there are: Three 2005 cases 18 - 2007 cases 22 - 2008 cases

Ms. DiConcilio stated most of these cases had been resolved at this meeting.

(The meeting recessed for lunch approximately 1:30 p.m.. Ms. Solien-Wolfe, chair, reconvened the meeting approximately 2:30 p.m.)



Massage Therapist Applicants

Tab 74 Kacey Breach

Mr. Breach was present but was not represented by counsel. Dr. Judy Rivenbark, PRN, was present.

Issue: At the October 2008 board meeting Mr. Breach was granted licensure with conditions. Prior to licensure, Mr. Breach must obtain an evaluation from PRN and comply with any recommended contract.


Mr. Breach signed a PRN contract February 2009. He agreed not to practice until he is released from the Intensive Outpatient Program which is approximately 2 weeks from this date.

Action Taken: After the Board interviewed the applicant, Ms. Andriole moved to extend an additional 90 days to comply with the order and complete the PRN requirement, and delegated authority to Ms. Howerton, Executive Director, to issue Mr. Breach’s license conditioned on the fact that PRN states he is safe to practice. Ms. Haynes seconded the motion which carried 7/0.

Tab 77 Robert Hanner

Mr. Hanner was present but was not represented by counsel. Dr. Judy Rivenbark, PRN, was present.

Issue: At the October 2008 board meeting Mr. Hanner was granted licensure with conditions. Prior to licensure, Mr. Hanner must obtain an evaluation from PRN and comply with any recommended contract.

Mr. Hanner established a PRN contract April 2009.

Action Taken: After the Board interviewed the applicant, Ms. Ford moved to grant the license. Mr. Smallwood seconded the motion, which passed unanimously.

SETTLEMENT AGREEMENTS

The following settlement agreement cases Tabs 7-40, 42, and 43 were voted on as one vote:

Tab 7 Jose Alberro, Case No. 2006-04967 (p/c/p Harrison & Haynes)Tab 8 Katherine Barnard, Case No. 2007-26839 (p/c/p Harrison & Haynes)Tab 9 David Joseph Caracappa, Case No. 2008-12270 (p/c/p Harrison & Haynes)Tab 10 Joshua David Gordon, Case No. 2008-03643 (p/c/p Harrison & Haynes)Tab 11 Elizabeth Greenwood, Case No. 2008-07231 (p/c/p Harrison & Haynes)Tab 12 Karen Ann Hoff, case No. 2008-09043 (p/c/p Harrison & Haynes)Tab 13 Younjae Lee, Case No. 2008-14020 (p/c/p Harrison & Haynes)Tab 14 Claudio Lopez, Case No. 2008-05771 (p/c/p Harrison & Haynes) Mr. Lopez was present

without counsel.Tab 15 Raymond Melton, III, Case No. 2008-10424 (p/c/p Harrison & Haynes)Tab 16 Jodi Maria Miller, Case No. 2008-10703 (p/c/p Harrison & Haynes)Tab 17 Elsa Morales-Smith, Case No. 2008-12969 (p/c/p Harrison & Haynes)Tab 18 Kim Ngoc Nguyen, Case No. 2008- 09997 (p/c/p Harrison & Haynes)Tab 19 Angela Tague, Case No. 2008-14827(p/c/p Harrison & Haynes)Tab 20 Southwest Florida Massage Therapy, Case No. 20008-10467 (p/c/p Harrison & Haynes)Tab 21 Jennifer Shanelle Stevens, Case No. 2008-05778 (p/c/p Harrison & Haynes)Tab 22 Faith Ann Swift, Case No. 2008-19803 (p/c/p Harrison & Haynes)Tab 23 Health & Rehab Center of the Palm Beaches, Case No. 2008-05113 (p/c/p Harrison &

Haynes)Tab 24 Anita P. Middleton, LMT, Case No. 2007-32831 (p/c/p Harrison & Haynes)Tab 25 Richard E. Joyce, LMT, Case No. 2008-00584 (p/c/p Harrison & Haynes)Tab 26 Naples Injury Treatment Center, Case No. 2008-03765 (p/c/p Harrison & Haynes)Tab 27 The Founders golf Club, Inc, Case No. 2007-40162 (p/c/p Harrison & Haynes)Tab 28 Myriam Lavielle, LMT, Case No. 2005-69232 (p/c/p Harrison & Haynes)Tab 29 Marlon S. Payne, LMT, Case No. 2008-08474 (p/c/p Harrison & Haynes)Tab 30 Justin a. Johnson, LMT, Case No. 2008-08475 (p/c/p Harrison & Haynes)Tab 31 Jamie L. Turner, LMT, Case No. 2008-08476 (p/c/p Harrison & Haynes)Tab 32 Maria d. Villarreal, LMT, Case No. 2008-08473 (p/c/p Harrison & Haynes)Tab 33 Aquatic Health & Rehabilitation Services, Inc., Case No. 2007-37774 (p/c/p Harrison &

Haynes)Tab 34 Aquatic Health & rehabilitation Services, Inc., Case No. 2007-38036 (p/c/p Harrison &

Haynes)


Tab 35. Smith Chiropractic Health & Wellness Center, Case No. 2007-30325 (p/c/p Harrison & Haynes)

Tab 36 Chiropractic Wellness Center of Boca Raton, Case No., 2008-00216 Tab 37 The Spa (Reunion Resort & Club), Case No. 2007-10033 Tab 38 South Florida Chiro & Rehab, Inc. d/b/a Boca Spine & Wellness Center, Case No. 2008-

05114 (p/c/p Harrison & Haynes)Tab 39 Radiante Jacqueline Cosmetique, Case No. 2008-04745 (p/c/p Harrison & Haynes)Tab 40 Kimberly A. Defloria, LMT, Case No. 2008-08248 (p/c/p Harrison & Haynes)Tab 42 James M. Baruffi, LMT, Case No. 2005-22399 (p/c/p Harrison & Haynes)Tab 43 Keiser Career College, Case No. 2008-17084 (p/c/p Harrison & Haynes)

Action Taken: Mr. Smallwood moved to accept the Settlement Agreements. Mr. Stoehs seconded the motion which carried 6/0.

Tab 41 Jorge A. Aguilar, LMT, Case No. 2008-03467 (p/c/p Harrison & Haynes)

The respondent was not present nor represented by counsel. Ms. DiConcilio represented the department.

Action Taken: After discussion, Ms. Burke-Wammack moved to adopt the Settlement Agreement as presented. Ms. Ford seconded the motion, which passed 6/0.

VOLUNTARY RELINQUISHMENTS

The following voluntary relinquishment cases were voted on as one vote:

Tab 44 Scott Adkins, Case No. 2008-17084 (p/c/p waived)Tab 47 Sarah Juanita Forsythe, Case No. 2008-23751 (p/c/p waived)

The respondents were not present nor represented by counsel. Ms. DiConcilio represented the department and presented the cases to the Board. Probable cause was waived in both cases.

Action Taken: Ms. Haynes moved to accept the voluntary relinquishment of licensure for cases 44 and 47. Ms. Ford seconded the motion, which passed 7/0.

The following voluntary relinquishment cases were voted on as one vote:

Tab 45 Krzysztof, Ambroziak, Case Nos. 2008-13408 & 2008-12696 (p/c/p Harrison & Haynes)Tab 46 Norge Avila, Case No. 2007-16126 (p/c/p Harrison & Haynes)Tab 48 Ichiban Therapy Inc., Case No. 2006-43137 (p/c/p Harrison & Haynes)Tab 49 Le Massage Spa, Case No. 2008-03867 (p/c/p Harrison & Haynes)Tab 50 John McNair, Case No. 2007-28119 (p/c/p Harrison & Haynes)Tab 51 Radiance Day Spa, Inc., Case No 2008-05900(p/c/p Harrison & Haynes)Tab 52 Jim Valentine Schlegel, Case No. 2008-13030 (p/c/p Harrison & Haynes)Tab 53 Penny Lynn Whichello, Case No. 2008-03865 (p/c/p Harrison & Haynes)Tab 54 Nina Young Miller, Case No. 2008-05966 (p/c/p Harrison & Haynes)

The respondents were not present nor represented by counsel. Ms. DiConcilio represented the department and presented the cases to the Board. Ms. Haynes was recused due to her participation on the probable cause panel.

Action Taken: Mr. Smallwood moved to accept the voluntary relinquishments of licensure for Tabs 45, 46 through 54. Ms. Andriole seconded the motion, which passed 6/0.

(The board recessed for approximately 15 minutes.)




Massage Therapist ApplicantsTab 73 Migual A. Aguayo

Mr. Aguayo was present but was not represented by counsel. The applicant was required to appear before the Board to discuss his criminal charges. It was noted that he was currently on criminal probation.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to grant the license with condition of probation compliance until conclusion of his probation. Ms. Ford seconded the motion, which passed unanimously 7/0.

Tab 75 Tiana M. Dillard

Ms. Dillard was present without counsel. The applicant was required to appear before the Board to discuss her criminal charges.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to grant the license unencumbered. Ms. Ford seconded the motion, which passed unanimously 7/0.

Tab 76 Meiping Guan

Ms. Dillard was present without counsel. An interpreter was present to assist her in communicating with the Board. Ms. Guan was arrested November 12, 2008 for Unlicensed Practice of a Healthcare Professional.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to deny based on her unlicensed activity. Mr. Smallwood seconded the motion, which passed unanimously 7/0.

Tab 79 Angela Martinez

Ms. Martinez was present without counsel. Her fiancé was present also. Ms. Martinez answered affirmative to question #22 on the application.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to grant the license upon signing a PRN contract within 180 days of the final order. Ms. Andriole seconded the motion, which passed 5/2 with Ms. Burke-Wammack and Ms. Solien-Wolfe opposing the motion.

Tab 78 Shunya Huang

Ms. Huang was required to appear at the January 29, 2009 Board meeting. She was not present nor represented by counsel at the January 2009 meeting. The Board moved to require her presence at the April 2009 meeting. Ms. Huang was not present nor represented by counsel.

Action Taken: Mr. Smallwood moved to continue the case to the July 30-31, 2009 meeting. Mr. Stoehs seconded the motion, which passed unanimously 7/0.

Tab 80 Brandon McGibbon

Mr. McGibbon was present without counsel.


Action Taken: After the Board interviewed the applicant, Ms. Burke-Wammack moved to grant the license. Mr. Stoehs seconded the motion, which failed 3/4 with Ms. Andriole, Ms. Ford, Ms. Haynes and Mr. Stoehs opposing the motion.

Additional Action Taken: Ms. Haynes moved to approve the license with the condition the applicant be evaluated by PRN, and sign a PRN contract within 180 days from the issuance of the final order. Ms. Ford seconded the motion, which passed 5/2 with Ms. Burke-Wammack and Ms. Solien-Wolfe opposing the motion.

Tab 81 Matthew G. Middleton

Mr. Middleton was present without counsel.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to grant the license. Mr. Smallwood seconded the motion, which passed 6/1 with Ms. Ford opposing the motion.

Tab 82 Nancy Morales

Ms. Morales was present without counsel. Ms. Morales answered affirmative to questions #20 and #22 on the application.

Action Taken: After the Board interviewed the applicant, Ms. Burke-Wammack moved to grant the license. Ms. Ford seconded the motion, which passed unanimously 7/0.

Tab 83 Allison O’Neill

Ms. O’Neill was present without counsel. She is currently on probation.

Action Taken: After the Board interviewed the applicant, Ms. Haynes moved to grant the license. Ms. Andriole seconded the motion, which passed unanimously 7/0.

Tab 84 Marilyn A. ShepherdMs. Shepherd was present without counsel. Ms. Shepherd answered affirmative to question #22 on the application.

Action Taken: After the Board interviewed the applicant, Ms. Burke-Wammack moved to grant the license. Mr. Stoehs seconded the motion, which passed unanimously 7/0.

MASSAGE ESTABLISHMENT APPLICANTS

Tab 86 Alice Ann Gill, LMT

Ms. Gill was present without counsel. Ms. Gill’s previous massage establishment, Sanctuary Yoga and Meditation, was Discipline-Relinquish at the Oct 2008 Board Meeting. Ms. Gill applied for another massage establishment license under Alice Ann Gill, LMT and she failed to disclose her previous discipline action.

Ms. Gill was scheduled for the January 29, 2009 Board Meeting; however she did not appear; therefore, the Board rescheduled her appearance for April 23, 2009.

The establishment passed inspection on 11/14/2008.

Action Taken: After much discussion, Ms. Ford moved to grant licensure with the following condition: File a corrected application within 30 days of the Final Order.


Ms. Haynes seconded the motion, which passed unanimously 7/0.

Tab 87 Alternative Rehabilitation Services< Inc.The owner, Bill Shearouse was present without counsel. Alternative Rehabilitation Services Inc was issued a cease and desist agreement on 12/19/2008 for allegations of operating a massage establishment without holding a valid license or permit.

Action Taken: After much discussion, Ms. Haynes moved to grant licensure with the following condition: Pay $150 fine within 30 days

Ms. Burke-Wammack seconded the motion, which passed unanimously 7/0

Tab 88 Cocoa Beach SpaDaniel and Melissa Coates, owners, were present without counsel. Cocoa Beach Spa was issued an Unlicensed Activity Citation on 02/24/2009 for violation of providing services without a massage establishment license. The establishment was ordered to pay the penalty fine of $1000 plus costs of $30.78 by April 3, 2009. Fine was paid on April 3, 2009.


Action Taken: After much discussion, Ms. Haynes moved to grant licensure. Ms. Burke-Wammack seconded the motion, which passed unanimously 7/0.

Tab 89 Florida Rehabilitation Center, Inc.

Benito Herrera Gonzalez, owner, was present without counsel.

Mr. Gonzalez was arrested for DUI on March 24, 2008. Mr. Gonzalez was sentenced on July 21, 2008 to six month’s probation, 100 hours of community service, driver’s license revoked/suspended for six months, complete a DUI program and pay a fine of $1,107.25.

Action Taken: After much discussion, Ms. Burke-Wammack moved to grant licensure. Ms. Andriole seconded the motion, which passed 6/1 with Ms. Haynes opposing the motion.

Tab 90 Jon Levin, DO

Dr. Levin, owner, was not present as he had sent a letter requesting to withdraw his application. Dr. Levin signed a cease and desist order on December 23, 2008. Allegations of practicing massage therapy without a massage establishment license. Establishment passed inspection on 02/18/2009.

Action Taken: Mr. Burke-Wammack moved to allow withdrawal of the application. Mr. Stoehs seconded the motion, which passed unanimously 7/0.

Tab 91 Mankind Inc.

Mr. Lee Caripoli, president, was present without counsel. Mr. Caripoli signed a cease and desist order on January 8, 2009 for allegations of allowing the practice of massage therapy services without a massage establishment license.

Action Taken: After much discussion, Ms. Haynes moved to grant with the following condition: Pay $500 fine for the unlicensed activity within 30 days of the Final Order

Mr. Smallwood seconded the motion, which passed unanimously 7/0.


Tab 92 Stephanie’s Massage

Ms. Stephanie Tegler, owner, was present without counsel. Ms. Tegler signed a cease and desist order 11/25/2008 for allegations of practicing massage therapy service without an establishment license. Ms. Tegler was not present nor represented by counsel at the January 29, 2009 meeting. The board requested Ms. Tegler’s appearance for the April 23, 2009 board meeting. The establishment passed inspection on 01/20/2009.

Action Taken: After much discussion, Ms. Ford moved to grant licensure with the following conditions: Pay $200 fine for unlicensed activity within 30 days of the Final Order

Ms. Burke-Wammack seconded the motion, which passed 6/1 with Ms. Haynes opposing the motion.

REVIEW OF SCHOOL APPLICATIONS

Tab 101 Anton Aesthetics Academy, Inc.

Ms. Miralisa Smith and Ms. Ida Antonion, were present without counsel. Anton Aesthetics Academy, Inc., submitted an application to become a Florida board approved school on December 17, 2007. A deficiency letter was sent requesting additional information. The board office did not receive the additional information and the application expired after one year.

The school is offering massage classes. The massage program has not been approved by the Board. The school has a class of three students that will graduate in approximately one month. The school submitted another application.

Action Taken: After discussion, Mr. Smallwood moved to approve with April 23, 2009 as the effective date. Ms. Haynes seconded the motion, which passed 6/1 with Ms. Burke-Wammack opposing the motion.

(The board recessed at 7:05 p.m. to reconvene April 24, 2009.)

FRIDAY, APRIL 24, 2009 @ 9:00 am

CALL TO ORDERThe meeting was called to order by Ms. Lynda Solien-Wolfe, LMT, Chair, at 9:15 a.m. Those present for all or part of the meeting included the following:

MEMBERS PRESENT: STAFF PRESENT:Lynda Solien-Wolfe, LMT, ChairLorena Haynes, LMT, Vice ChairBridget Burke-Wammack, LMTKaren Ford, LMTRobert Smallwood, LMTIrene Andriole, Consumer MemberWilliam Stoehs, Consumer Member

BOARD COUNSEL:Allison Dudley, Esquire

DEPARTMENT PROSECUTING ATTORNEY:Sam DeConcilio

Kaye Howerton, Executive DirectorPaula Mask, Program Operations AdministratorChristy Robinson, Program Operations Administrator

COURT REPORTER:American Court ReportingDiana GarciaOffice: 407.896.1813Fax: 407.896.1814


Tab 93 Tipsy Salon Spa

Ms. Vinh Tranpham, owner, was present without counsel. She signed a cease and desist order for allegations of practicing massage therapy service without a massage establishment license. The owner was scheduled for the January 29, 2009 board meeting; however she did not appear, therefore the Board rescheduled her appearance for the April 23, 2009 board meeting.


Action Taken: After much discussion, Ms. Haynes moved to grant licensure. Mr. Smallwood seconded the motion, which passed 5/2 with Ms. Ford and Ms. Burke-Wammack opposing the motion.

Tab 61 Michael Wayne Fox, LMT, Case No. 2008-07661 (p/c/p Harrison & Haynes)

The board had tabled this case until information had been obtained regarding his previous violations and the previous order. The 2006 case was due to failure to respond to a continuing education audit. Ms. DiConcilio represented the Department and presented the Department’s recommendations.

Action Taken: After discussion Mr. Smallwood moved to IMPOSE the following penalty: Reprimand Suspension until Mr. Fox pays all moneys due Pay $250 fine within 30 days Pay $725.10 for dishonored check in prior case Pay $272 costs within 30 days

Ms. Ford seconded the motion, which carried 6/0.

COMPLIANCE AND PROBATION REVIEW

Tab 97 Danae Alvarez

Ms. Alvarez was present without counsel. Due to probation requirement she was required to appear at the board meeting prior to her scheduled termination. Probation is scheduled to end May 2009.

Action Taken: After discussion, the board agreed to table until later in the meeting in order to obtain information from the department regarding quarterly reports.

Tab 98 Patricia Smith Finch, LMT

Ms. Finch was present along with her counsel, Mr. William Furlow, Esq. Due to probation requirement she was required to appear at the board meeting prior to her scheduled termination. Probation is scheduled to end May 2009.

Mr. Furlow requested the board for early termination of her probation.

Action Taken: After discussion, Ms. Burke-Wammack moved to recognize that Ms. Finch complied with the final appearance before the board, accepted her oral quarterly report given before the board and approved early termination of probation.

Ms. Andriole seconded the motion, which passed 6/1 with Ms. Haynes opposing the motion.


Tab 94 Amedicare Rehab Center, Inc.

Liliana Hadfeg was not present nor represented by counsel. Ms. Hadfeg submitted a request for extension to pay the fine and/or costs imposed in this case.

Action Taken: After discussion, Ms. Burke-Wammack moved to approve extending payment of fine and costs within 60 days.


Tab 95 Back Into Health Chiropractic, Inc.

Dr. Kuchler was not present nor represented by counsel. Dr. Kuchler submitted a request for an extension to pay the fine and/or costs imposed in this case.

Action Taken: After discussion, Mr. Stoehs moved to approve extending payment of fine and costs within 90 days and add notation as to what is owed.


Tab 96 Contour Day Spa

Ms. Panofsky was not present nor represented by counsel. Due to probation requirement she was required to appear at the board meeting prior to her scheduled termination.

No Action Taken

Tab 99 Paul Allen Stanfield, LMT

Mr. Stanfield was not present nor represented by counsel. Mr. Stanfield requested an extension to pay the fine and/or costs imposed in this case in monthly installments due to financial hardship.

Action Taken: After discussion, Ms. Burke-Wammack moved to approve extending payment of fine and costs within 180 days from this date.

Ms. Haynes seconded the motion, which passed unanimously 7/0.

Tab 100 Synergy Health & Fitness Studio, Inc.

David Rivers, Owner/Agent, was unable to meet the obligations and terms of the Final Order as the business, Snyergy Health & Fitness Studio, Inc., has been closed.

Action Taken: After discussion, Ms. Burke-Wammack moved to approve extending payment of fine and costs within 12 months.

Ms. Andriole seconded the motion, which passed unanimously 7/0.

(returned to)Tab 97 Danae Alvarez

Board staff was unable to obtain information from the Department regarding Ms. Alvarez’s quarterly reports. The board proceeded to interview Ms. Alvarez.


Action Taken: After discussion, Ms. Burke-Wammack moved to recognize that Ms. Alvarez complied with the final appearance before the board, accepted her oral quarterly report given before the board and approved early termination of probation. Mr. Stoehs seconded the motion which passed unanimously 7/0.

PETITIONS FOR VARIANCE OR WAIVER

Tab 102 Slava Galperina Weinberg – Re: Rule 64B7-25.001, F.A.C. – Examination Requirements

Ms. Weinberg was present without counsel.

Ms. Weinberg completed a course of study at Kiev University in the Ukraine in physical therapy. She was unable to obtain transcripts from this country. She has an inactive license in Maryland with no discipline. She has passed the National Certification exam.

Ms. Weinberg waived the 90 day requirement for action on the petition for the record and verbally changed her application to the endorsement method.

Action Taken: It was the consensus of the board that Ms. Weinberg will furnish the board with the Maryland laws and rules in effect at the time of her licensure in Maryland. Ms. Weinberg’s petition/application will be continued until the July meeting. The board requested Ms. Weinberg to appear at the July 2009 meeting.

Tab 103 Calvin Roberts, Jr. - Re: Rule 64B7-26.003, F.A.C. – Massage Establishment Operations

This petition was not noticed and the board was unable to discuss this petition. However, the board will have a telephone conference call at a later date to discuss this and other petitions.

Tab 104 Dawn Stubbs, LMT - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing Education

Ms. Stubbs was not present nor represented by counsel. Ms. Stubbs is out of the country. Her petition requested a variance/waiver of rule 64B7-28.009(3)(a), F.A.C., which requires that of the required 24 hours of continuing education that: “… 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration…”. Ms. Stubbs furnished copies of a live classroom instruction course she had taken in the Netherlands.

Action taken: After discussion, Ms. Burke-Wammack moved to grant the petition as the underlying statute had been met and the petition demonstrated hardship. Ms. Ford seconded the motion which passed unanimously 7/0.

Tab 105 Risa Kellerman, LMT - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing Education

This petition was withdrawn. Ms. Dudley advised she had notified Ms. Kellerman to file an amended petition as her original petition was insufficient.

Tab 106 Theresa Shaw, LMT - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing EducationThis petition was not noticed and the board was unable to discuss this petition. However, the board will have a telephone conference call at a later date to discuss this and other petitions.

Tab 107 Rev. Dr. B. Goldstien - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing Education

Rev. Dr. Goldstein was not present nor represented by counsel. Her petition requested a variance/waiver of rule 64B7-28.009(3)(a), F.A.C., which requires that of the required 24 hours of continuing education that: “… 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration…”.


Action taken: After discussion, Ms. Ford moved to deny the petition based on the failure to demonstrate financial hardship. Mr. Smallwood seconded the motion which passed 6/1 with Ms. Burke-Wammack opposing the motion.

The board requested staff to send a pro bono continuing education form and advise that 6 hours of pro bono services may count toward 6 hours of the 12 hours requirement live classroom instruction.

Tab 108 Mary Alice Turpen - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing Education

Ms. Turpen was not present nor represented by counsel. Her petition requested a variance/waiver of rule 64B7-28.009(3)(a), F.A.C., which requires that of the required 24 hours of continuing education that: “… 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration…”.

Ms. Burke-Wammack moved to deny the petition based on failure to: demonstrate Petitioner achieved the purposes of the underlying statute by other means; include a caption reading, a phone number, the applicable rule or portion of the rule from which a waiver or variance is requested, the citation to the statute the rule is implementing, the reason why the variance or the waiver requested would serve the purposes of the underlying statute, and a statement whether the variance or waiver is permanent or temporary. Ms. Ford seconded the motion which passed unanimously 7/0.

RULE HEARING

Tab 110 Rule 64B7-25.001, F.A.C. - Examination Requirements

Those in attendance for this hearing were:

Ed Tellechea, Senior Attorney and Deputy Bureau Chief, Administrative Law Office, Office of the Assistant Attorney General

Steven Gregis, Esq., Attorney for the National Certification Board of Therapeutic Massage and BodyworkPaul Lindamood, President and CEO, National Certification Board of Therapeutic Massage and BodyworkNeal Delaporta, Chairman of the Board of Directors, National Certification Board of Therapeutic Massage and Bodywork

Debra Persinger, Executive Director, Federation of State Massage Therapy Boards

Mr. Tellechea gave the board background information concerning the rule proposal and rule challenge leading up to the settlement agreement.

Mr. Grigas, Mr. Lindamood and Mr. Delaporta addressed the board separately.

Ms. Persinger addressed the board and the Federation’s position.

Action taken: Mr. Smallwood moved to accept the settlement agreement. Ms. Ford seconded the motion. Discussion was held regarding the different types of examinations. The chair called for a vote which was 3/3 with Ms. Haynes, Ms. Andriole and Mr. Stoehs opposing the motion. Ms. Burke-Wammack abstained from the vote. Ms. Dudley advised Ms. Burke-Wammack she could not abstain.

After additional discussion, the previous motion was readdressed and the board voted to approve the settlement agreement unanimously 7/0.

Ms. Dudley will present a proposed draft on rule 64B7-25.001, F.A.C. - Examination Requirements, at a conference call to be scheduled in May.

Mr. Smallwood moved to authorize Ms. Howerton, to sign the settlement agreement on behalf of the board. Mr. Stoehs seconded the motion which carried unanimously 7/0.


(The board recessed and reconvened approximately 2:30 p.m.)

Ms. Dudley discussed issues between the applicant, petitioners, respondents and the board and that comments should not be taken by non-parties. With rulemaking, non-parties are allowed to comment. Communications with the audience are limited. She discouraged notes being given to board members during the board meeting as it is inappropriate. A board meeting is a government in the sunshine meeting. Notes being passed could create appellate issues. All notes passed to members will be retained as part of the record.

(Ms. Andriole left the meeting approximately 2:30 p.m.)

Tab 109 Vladislav Simakov - Re: Rule 64B7-28.009(3)(a), F.A.C. – Continuing EducationMr. Simakov was not present nor represented by counsel. His petition requested a variance/waiver of rule 64B7-28.009(3)(a), F.A.C., which requires that of the required 24 hours of continuing education that: “… 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration…”.

Action Taken: Mr. Smallwood moved to deny based on the failure to demonstrate sufficient grounds for hardship. Ms. Burke-Wammack seconded the motion which passed 6/0. The board advised petitioner should be made aware that by law the instructor is required to give him assistance based on the Americans with Disabilities Act. He can also ask someone to give him a ride to the class.

GENERAL BUSINESS / CORRESPONDENCE

Tab 111 Delegation of Board Authority to Board Chair

Ms. Ford moved for the Board to grant authority for the board chair to approve requests for extensions for payment of fines and costs imposed as discipline by the board. Motion seconded by Mr. Stoehs which passed 6/0.

Tab 112 Donald Nadeau, Letter Re: Rule 64B7-28.009(3), F.A.C. – Continuing Education

Mr. Nadeau was not present nor represented by counsel. Mr. Nadeau submitted a letter regarding rule 64B7-28.009(3)(a), F.A.C., which requires that of the required 24 hours of continuing education that: “… 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration…”.

No action was required. Board staff is to respond on behalf of the chair advising that he can file a petition for variance/waiver of the rule and he can also provide pro bono services. The pro bono services will count toward 6 hours of the 12 hours live classroom instruction continuing education.

The board requested staff to maintain a list of the number of calls concerning this requirement.

REPORTS

Board Chair Report – Lynda Solien-Wolfe, LMT

Tab 113 History Applicant Update

Informational only.

Ms. Solien-Wolfe proceeded with her chair report. She advised that we are a member of the FSMTB and when questions are asked to individual members or members receive correspondence to not respond on behalf of the board. Send correspondence to staff for response.

She advised based on a recommendation by Ms. Howerton that the community relations liaison be changed to public relations liaison. Board of Massage Therapy Minutes Page 22 of 26April 23-24, 2009

She advised she is reviewing the communication plan for updating based on the budget.

She advised the board regarding the procedure for approval for continuing education through CE Broker by staff. Staff has been delegated authority to approve courses if there are no questions. If staff has a question it is referred to the continuing education liaison and the liaison can then approve the course. If the liaison has a concern about a course or wants to deny that course, those courses will be presented to the full board.

Board Counsel’s Report – Allison Dudley, Esquire

Tab 114 March 31, 2009 Rules Report

Information on: rule 64B7-25.001, Examination Requirements; rule 64B7-25.004, Endorsements; rule 64B7-26.002, Licensure of Massage Establishments, which became effective 4/2/09; and rule 64B7-32.003, Minimum Requirements for Board of Massage Therapy Approval

Tab 115 Rules Discussion 64B7-28.009, F.A.C.

Ms. Dudley advised she had received an email from Ms. Haynes concerning confusing language in this rule and possible revision to this rule. Ms. Dudley drafted suggested changes and presented them to the board. The rule was discussed by the board and by members of the audience, Dar Mikula, Sharon Phillips and Karen Zaharatos.

Ms. Robinson clarified the board had discussed in a previous meeting that licensees should take statutorily mandated classes first such as HIV/AIDS, medical errors; then the specific courses, ethics and laws and rules; then anything else would be the live classroom continuing education.

Ms. Haynes clarified the 12 continuing education hours shall be taken via live classroom instruction which includes hands-on instruction or demonstration.

The board requested the rules liaison work with counsel and present amendments at the July meeting.

Action Taken: Ms. Haynes made a motion to engage in rulemaking and approve the suggested language. Ms. Ford seconded the motion which carried 6/0.

Executive Director’s Report – Kaye Howerton

Ms. Howerton discussed with the board the following: Budget report; Budget liaison plays a key role and will work with the budget analysts of the department; New board member training; and No legislation impacting the board.

Rules Liaison Report – Lorena Haynes, LMT

Ms. Haynes gave an overview of rule 64B7-32.003, F.A.C. She requested the board to review the curriculum and issues such as distance education and including the prevention of medical errors to the curriculum and specify requirements for licensure for therapists coming from out of state. She will send all information regarding possible rule changes to Ms. Howerton for the new rules liaison. It was suggested to have a rules workshop at a regular board meeting.

Action Taken: Ms. Haynes made a motion to continue rule development for another year. Ms. Burke-Wammack seconded the motion which carried 6/0.


Community Relations Liaison Report – Lynda Solien-Wolfe, LMT

The chair stated even though funds have been drastically cut she wishes to continue outreach to the public and licensees via articles and press releases. She also wants to continue participation with the Successful Start program with the FSMTA. Ms. Haynes will represent the board at this program in conjunction with the Educator Summit given by the FSMTA. She also advised the chair and executive director had been invited to participate in the Educator Summit. She requested approval by the board to attend.

Action Taken: Ms. Ford moved to approve Ms. Howerton and Ms. Solien-Wolfe to participate in the Educator Summit at the FSMTA meeting. Mr. Stoehs seconded the motion which passed 6/0.

Continuing Education Liaison Report – Lynda Solien-Wolfe, LMT

Tab 116 Continuing Education Approval List

Ms. Solien-Wolfe discussed the list of providers and courses she approved as CE liaison. She also reminded the board the liaison cannot deny providers/courses but can approve providers/courses.

Budget Liaison Report

This was discussed under the Executive Director’s report.

School Liaison Report – Lorena Haynes, LMT

No report.

PCP Report – Lorena Haynes, LMT

Ms. Haynes reported the last probable cause panel made the following decisions: 4 reconsideration cases were granted 52 cases had probable cause found 6 cases resulted in letters of guidance 8 cases were dismissed.

APPOINTMENT OF BOARD LIAISONS

Budget Liaison – William StoehsContinuing Education Liaison – Lorena HaynesHistory – Lynda Solien-WolfeLegislative Liaison – Lynda Solien-WolfeProbable Cause Panel – Lorena Haynes and Karen Harrison (former board member)Public Relations Liaison – Lynda Solien-WolfeRules Liaison – Karen FordSchool Liaison – Bob SmallwoodUnlicensed Activity – Bridget Burke-WammackFederation of State Massage Therapy Boards/Delegate – Lynda Solien-Wolfe

The new liaisons will contact Ms. Howerton for a description of their role.

Ms. Haynes requested clarification that anyone who is a board member may participate as a volunteer for a committee with the Federation. Ms. Howerton and the chair affirmed. Any communication for that committee


needs to be sent to Ms. Howerton make sure staff has record. You do not have to be a delegate to participate on committees.

OLD BUSINESS

Tab 117 Discussion on National Board for Colon Hydro Therapy (NBCHT) National Certification Exam

A.R. “Dick” Hoenninger, NBCHT Executive Director, and Gail Naas, Director of Accreditation and Licensure, Colon Therapy Program Director, American Institute, were present and addressed the board.

This matter was placed back on the board agenda for the board to compare the examination content of the national and state colonics examination. The national exam has been certified by the Department as psychometrically sound. The department currently administers a colonics exam and if the board wants to utilize the national examination the board will need to authorize rule development for rule 64B7-31.001.

Ms. Dudley stated the department noted the national examination is given once a year at the national convention and is there a possibility to make the exam more available. Mr. Hoenninger replied in the affirmative and would work with the exam services unit to make this happen.

Action Taken: After additional questions and discussion the board tabled this item until the July meeting.

The chair created a Colon Hydro Therapy liaison position and requested Ms. Haynes to hold this position. Ms. Haynes accepted. Ms. Haynes will communicate with Ms. Naas and NBCHT for more information

Additional Action Taken: Mr. Smallwood moved to notice rule 64B7-31.001, F.A.C., for rule development. Ms. Haynes, seconded the motion which carried 6/0.

Tab 118 Discussion Re: Fee increase For the Colonics Examination

Ms. Dudley raised the issue and possible conflict with section 480.044, Florida Statutes, and section 456.017(1)(b), Florida Statutes. The department’s testing services unit in its January 23, 2009 memorandum requested a fee increase from $150 to $225. Ms. Dudley will research prior to the next meeting.

This item was tabled until the July meeting.

(The board recessed approximately 15 minutes.)

NEW BUSINESS

Ms. Mask advised additional information had been placed before the board. Marta Fulton appeared at the January 29, 2009 board meeting. Ms. Fulton has requested an extension for compliance on the Notice of Intent to Approve with Conditions filed March 5, 2009. The Notice required that the condition to be evaluated by PRN must be met within 60 days of the date of the filed Notice. Her appointment with PRN is scheduled for May 5, 2009.

Action Taken: Ms. Burke-Wammack moved to approve a 90 day extension. Ms. Ford seconded the motion which carried 6/0.

Ms. Mask suggested a conference call in May to attend to filed petitions for waiver/variance of a rule. The board decided on May 26, 2009. Ms. Mask will email board members with the information.

Ms. Iris Burman questioned whether there were any issues relating to the massage exam being given in Spanish in our state. Discussion ensued and the board requested additional information from the National Certification Board of Therapeutic Massage and Bodywork and the Federation of State Massage Therapy Boards and have these materials available for the July meeting.


Ms. Burman advised she had received a letter from a graduate of an online massage school and the graduate was unaware that it was not acceptable for licensure in Florida. The chair requested Ms. Burman to relay the communication to board staff.

In addition Ms. Burman advised of a concern that establishment owners need to be more knowledgeable in laws and rules governing this profession. She suggested a proposed rule to require all non-licensed massage therapist owners be required to take the laws and rules and ethics education prior to licensure as well as at renewal. The chair stated the board would take this into consideration.

Karen Zaharatos advised the definition of a “hybrid program” means a certain amount of online education and live face to face education. She would like to see definitions in the rules regarding classroom, face-to-face and hands on component and 21st century terminology.

The chair advised these items can be discussed at the rules workshop at our next meeting.

Tab 119 FSMTB Director of Government Relations

Informational item.

Ms. Haynes moved to adjourn and Ms. Burke-Wammack seconded the motion which carried 6/0.

Meeting adjourned approximately 5:00 p.m.


Date post:	12-Apr-2017
Category:	Documents
Upload:	fordlovers
View:	180 times
Download:	1 times

April 23-24, 2009

Documents