STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 i" ON Final Order No. DOH CKV-MQA FILED DATE - APR Department of Health By: Deputy ency Clerk STATE OF FLORIDA DEPARTMENT OF HEALTH IN RE: The Emergency Restriction of the License of ORDER OF EMERGENCY RESTRICTION OF LICENSE Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the Emergency Restriction of the license of, (Mr. Grushco) to practice as a massage therapist in the State of Florida. Mr. Grushco holds license number MA His address of record is 1320 Boulevard of the Arts, Sarasota, Florida The following Findings of Fact and Conclusions of Law support the Emergency Restriction of Mr. Grushco's license to practice as a massage therapist in the State of Florida. FINDINGS OF FACT 1. The Department of Health (Department) is the state agency charged with regulating the practice of massage therapy, pursuant to Chapters 20, 456 and 480, Florida Statutes (2017). Section (8), Florida Statutes (2017), authorizes the State Surgeon General to summarily restrict Mr. Grushco's license to practice as a massage therapist in the state of Florida, in accordance with Section (6), Florida Statutes (2017).

2 2. At all times material to this Order, Mr. Grushco was licensed to practice massage therapy in the state of Florida pursuant to Chapter 480, Florida Statutes. 3. At all times material to this Order, Mr. Grushco worked as a massage therapist in and around Sarasota, Florida. Facts Relating to Patient K.T.1 4. In or about mid-july 2017, Mr. Grushco provided massage therapy services to Patient K.T., a 47-year-old female, at a Massage Envy location in Sarasota, Florida. 5. Prior to beginning the massage, Mr. Grushco explained to Patient K.T. that he had vision problems. 6. During the massage at Massage Envy, Mr. Gruscho told Patient K.T. that he offered massages through his "Magic of Massage" business that were cheaper than massages at Massage Envy, and that Mr. Grushco could come to Patient K.T.'s home to perform the massage. 7. After the massage, Patient K.T. scheduled another massage with Mr. Grushco for July 25, 2017; at Patient K.T.'s home. 8. Mr. Grushco drove himself to Patient K.T.'s home for the massage. DOH Case number

3 9. During the massage at Patient K.T.'s home on or about July 25, 2017, while Patient K.T. was lying face-up, Mr. Grushco removed the sheet covering Patient K.T.'s breasts. 10. Mr. Grushco did not have Patient K.T.'s specific informed consent to expose Patient K.T.'s breasts. 11. After exposing Patient K.T.'s breasts, Mr. Grushco then said, "Something tells me you won't mind." 12. Mr. Grushco then began touching and kneading both of Patient K.T.'s breasts. 13. Patient K.T. stopped Mr. Grushco by saying, "That's enough." 14. Mr. Grushco then looked Patient K.T. in the eyes and said, "I hope I didn't make you uncomfortable." 15. On or about February 13, 2018, the Sarasota Police Department arrested Mr. Grushco for one count of Battery against Patient K.T. 16. That charge remains pending in Sarasota County Case Number 2018MM

4 Facts Relating to Patient S.P On or about August 3, 2017, Patient S.P., a 44-year-old female, presented to a Massage Envy location in Sarasota, Florida, for a 90-minute massage. 18. Mr. Grushco was assigned to perform the massage. 19. Patient S.P. and Mr. Grushco had never met prior to this massage. 20. Upon their meeting, Mr. Grushco used a magnifying glass to review records and explained to Patient S.P. that he was legally blind. 21. During the massage, when Patient S.P. was lying face-up, Mr. Grushco placed a towel over patient S.P.'s breasts and then lowered the sheet so that it only covered Patient S.P.'s lower body. 22. Mr. Grushco then slid his hands in between Patient S.P.'s breasts. 23. Mr. Grushco moved his hands down the inner part of Patient S.P.'s inner thighs with his palms facing down. 24. While massaging Patient S.P.'s inner thighs, Mr. Grushco touched Patient S.P.'s labia. 25. Patient S.P. told Mr. Grushco to stop touching Patient S.P.'s labia. DOH Case Number

5 26. Mr. Grushco then asked Patient S.P. if she was sure she did not want Mr. Grushco to continue. 27. Patient S.P. then realized what Mr. Grushco was doing and became frightened. 28. Mr. Grushco then began to firmly massage Patient S.P.'s throat, and Mr. Grushco inserted his fingertips in-and-out of Patient S.P.'s ears, as if to simulate penetration. 29. Patient S.P. was still terrified of Mr. Grushco, so she did not react. 30. Once the massage was over, Mr. Grushco told Patient S.P. that he offered private massages, and that she could him at 31. Massage Envy terminated Mr. Grushco's employment shortly thereafter due to Mr. Grushco's solicitation of his own business while working at Massage Envy. 32. On or about February 5, 2018, the Sarasota Police Department arrested Mr. Grushco for one count of Battery against Patient S.P. 33. That charge remains pending in Sarasota County Case Number 2018MM

6 Facts Relating to Patient T.T On or about January 1, 2018, Mr. Grushco performed massage therapy services to Patient T.T., a 42-year old female. 35. Patient T.T. routinely received massages twice a month; however, her usual massage therapist was unavailable due to the holidays. 36. Therefore, she searched for a massage therapist via an online referral service known as Thumbtack, which referred her to Mr. Grushco. 37. Mr. Grushco was working at Inspiration Salon and Spa at that time, and Patient T.T. and Mr. Grushco arranged for Patient T.T. to come to the spa and use the back door since the salon was closed due the holiday. 38. Upon meeting, Mr. Grushco informed Patient T.T. that Mr. Grushco was legally blind. 39. During the massage, Mr. Grushco talked to Patient T.T. about Mr. Grushco's medical history. 40. Patient T.T. felt that Mr. Grushco was attempting to elicit sympathy from Patient T.T. 41. When Patient T.T. was lying face-up on the massage table, Mr. Grushco began to massage Patient T.T.'s inner thigh. 3 DOH Case Number

7 42. As Mr. Grushco massaged Patient T.T.'s inner thigh, Mr. Grushco placed his hand on Patient T.T.'s labia. 43. Patient T.T. then looked at Mr. Grushco and asked him what he was doing and told Mr. Grushco to stop. 44. While keeping his hand on Patient T.T.'s labia, Mr. Grushco asked Patient T.T. if she was sure she wanted him to stop. 45. Mr. Grushco then went on to say that Patient T.T. was "nice and relaxed" now, and that the Mr. Grushco could offer her a sensual massage. 46. Patient T.T. told Mr. Grushco that she did not want a sensual massage and that she was done. 47. Once the massage was over, Patient T.T. felt that Mr. Grushco would not let Patient T.T. leave until she left a review online. 48. On or about February 22, 2018, the Sarasota Police Department arrested Mr. Grushco for one count of Battery. 49. That charge remains pending in Sarasota County Case Number 2018MM

8 Additional Facts 50. On or about March 15, 2018, the Sarasota Police Department arrested Mr. Grushco for three counts of Lewd and Lascivious Molestation of a Victim Under 12 years Old by Defendant Over 18 Years Old. 51. The facts that form the basis of those charges relate to Mr. Grushco's actions in Those charges remain pending in Sarasota County Case 2018 CF 53. Clients of massage therapists are placed in vulnerable settings where they can be subject to abuse by their massage therapists. Due to the potential for abuse that is inherent under these circumstances, massage therapists must possess good judgment and good moral character in order to safely practice massage therapy. 54. Mr. Grushco willfully abused his position as a massage therapist to sexually violate multiple women who trusted him to act professionally and within the boundaries of generally accepted massage therapy and treatment. Mr. Grushco's repeated, egregious violations of the massage therapistpatient relationship with three separate female clients indicate that Mr. 8

9 Grushco lacks the good moral character and judgment necessary to practice massage therapy. 55. Mr. Grushco's lack of good judgment and moral character and pattern of committing sexual misconduct against women demonstrate his disregard for the laws and regulations governing massage therapists in this state. Mr. Grushco's egregious, repeated behavior represents a significant likelihood that Mr. Grushco will continue to cause harm to female clients in the future. This probability constitutes an immediate, serious danger to the health, safety, or welfare of the citizens of the State of Florida. Nothing short of the immediate restriction of Mr. Grushco's license to practice as a massage therapist in the State of Florida will protect the public from the dangers created by Mr. Grushco's continued practice of massage therapy on female clients. CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the State Surgeon General concludes as follows: 1. The State Surgeon General has jurisdiction over this matter pursuant to Sections and (8), Florida Statutes (2017), and Chapter 480, Florida Statutes (2017). 9

10 2. Section (1)(p), Florida Statutes ( ), subjects a massage therapist to discipline, including restriction, for violating any provision of Chapters 480 or 456, Florida Statutes ( ), or any rules adopted pursuant thereto. 3. Section , Florida Statutes ( ), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as a: violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. 4. Rule , Florida Administrative Code, provides in pertinent part: (1) Sexual activity by any person or persons in any massage establishment is absolutely prohibited... (3) No licensed massage therapist shall use the therapist-client relationship to engage in sexual activity with any client and; (4) As used in this rule, "sexual activity" means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation Mr. Grushco violated Section (1)(p), Florida Statutes (

11 2017) by violating Section , Florida Statutes ( ), and Rule , Florida Administrative Code, by engaging in sexual activity and committing sexual misconduct in one or more of the following ways: a. Exposing Patient K.T.'s breasts without having Patient K.T.'s specific, informed consent; b. Saying, "Something tells me you won't mind," when exposing Patient K.T.'s breasts without having Patient K.T.'s specific, informed consent; c. Touching and kneading Patient K.T.'s breasts; d. Touching Patient S.P.'s labia; e. Asking Patient S.P. if Patient S.P. was sure she wanted him to stop touching Patient S.P.'s labia; f. Inserting his fingers in-and-out of Patient S.P.'s ears; g. Touching Patient T.T.'s labia; h. Asking Patient T.T. if Patient T.T. was sure she wanted him to stop touching Patient T.T.'s labia. i. Offering to perform a sensual massage on Patient T.T. 6. Section (6), Florida Statutes ( ), authorizes the State Surgeon General to restrict a massage therapist's license upon a 11

12 finding that the massage therapist presents an immediate, serious danger to the public health, safety, or welfare. 7. Mr. Grushco's continued unrestricted ability to provide massage services to female clients constitutes an immediate, serious danger to the health, safety, or welfare of the public and this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with Section (6), Florida Statutes (2017), it is ORDERED THAT: 1. The license of, license number MA 86309, is hereby immediately restricted to prohibit him from practicing massage therapy on female clients. 2. A proceeding seeking formal discipline of the license of Ruslan Grushco, L.M.T., to practice as a massage therapist in the State of Florida will be promptly instituted and acted upon in compliance with Sections and (6), Florida Statutes (2017). 12

13 DONE and ORDERED this ID In Re: The Emergency Restriction of the License of day of Celeste Philip, M.D., M.P.H. V/ Surgeon General and Secretary PREPARED BY: Mary A. Iglehart, Esq. Florida Bar No Assistant General Counsel Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida (P) (850) (F) (850) (E) 13

14 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Sections (6) and , Florida Statutes (2017), this Order is judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Review proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, with the District Court of Appeal, accompanied by a filing fee prescribed by law, and a copy of the Petition with the Agency Clerk of the Department within 30 days of the date this Order is filed. 14