Final Order No. DOH-I6-2060- - MQA STATE OF FLORIDA DEPARTMENT OF HEALTH By: FILED DATE - 10 gq I (.0 Department of Health Deputy Az ney Clerk In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, L.M.T. License No.: MA 34510 Case Number: 2016-22740 ORDER OF EMERGENCY RESTRICTION OF LICENSE Celeste Philip, M.D., M.P.H., State Surgeon General ORDERS the emergency restriction of the license of Michael Argyle Arnspiger, L.M.T., (Mr. Arnspiger) to practice as a massage therapist in the State of Florida. Mr. Arnspiger holds license number MA 34510. His address of record is 8830 South West 129 Terrace, Miami, Florida 33176. The following Findings of Fact and Conclusions of Law support the emergency restriction of Mr. Arnspiger'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 massage therapists pursuant to Chapters 20, 456, and 480, Florida Statutes (2014-2016). Section 456.073(8), Florida Statutes _(2016), authorizes the State Surgeon General to summarily restrict Mr. Arnspiger's license to practice as a massage therapist in the State of Florida, in accordance with Section 120.60(6), Florida Statutes (2016).
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-22740 2. At all times material to this Order, Mr. Arnspiger was licensed as a massage therapist in the State of Florida, pursuant to Chapter 480, Florida Statutes, holding license number MA 34510. 3. In or about 2014, a longtime patient of Mr. Arnspiger, Patient S.C., a female, received one or more massages from Mr. Arnspiger where Patient S.C. had to move Mr. Arnspiger's hands to prevent him from touching her inappropriately. 4. On or about August 10, 2016, Patient A.A., a female, received a massage from Mr. Arnspiger. 5. Prior to the massage, Patient A.A. asked Mr. Arnspiger whether she should keep her underwear on during the massage. Mr. Arnspiger responded that it would be better if Patient A.A. did not keep her underwear on in order to provide him easier access to her muscles. 6. During the massage, Mr. Arnspiger massaged Patient A.A. near her breast and touched the outer part of Patient A.A.'s vagina. 7. Further into the message, Mr. Arnspiger separated Patient A.A.'s legs, performed oral sex on Patient A.A., put his fingers inside Patient A.A.'s vagina, and placed Patient A.A.'s hand on his penis. 2
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-22740 8. Later that evening, Mr. Arnspiger sent a text message to Patient A.A. asking about her well-being. 9. On or about August 11, 2016, Mr. Arnspiger sent a text message to Patient A.A. offering her a free massage. 10. In or about 2016, Patient K.W., a female, received three massages from Mr. Arnspiger. 11. During all three visits, Mr. Arnspiger rubbed his penis against Patient K.W.'s arms as he moved around the massage table. 12. During Patient K.W.'s second visit to Mr. Arnspiger, Mr. Arnspiger asked Patient K.W. to take her underwear off so that he did not "have to fight panties while working on [her] lower back and legs." 13. During the second massage, Mr. Arnspiger touched Patient K.W.'s vagina several times. 14. During the third massage, Mr. Arnspiger again touched Patient K.W.'s vagina several times, 15. After the third massage, Mr. Arnspiger asked Patient K.W. if he could give her a hug, which she allowed. 3
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-22740 16. Mr. Arnspiger kissed Patient K.W.'s cheek and asked her to give him a bigger hug, which she refused. 17. For three weeks after the third massage, Mr. Arnspiger sent text messages to Patient K.W. offering her a free massage. 18. Mr. Arnspiger used his position as a massage therapist to touch Patient S.C. inappropriately, to touch near Patient A.A.'s breast, to touch Patient A.A.'s vagina, to perform oral sex on Patient A.A., to put his fingers inside Patient A.A.'s vagina, to place Patient A.A.'s hand on his penis, to rub his penis against Patient K.W.'s body, and to touch K.W.'s vagina. This indicates that Mr. Arnspiger does not possess the judgment or moral character necessary to safely practice massage therapy. Mr. Arnspiger's sexual behavior with three female patients demonstrates his blatant disregard for the laws and regulations governing massage therapy and represents a significant likelihood that Mr. Arnspiger will 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 a restriction of Mr. Arnspiger's license to practice as a massage therapist in the State of Florida will protect the public from the 4
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-22740 dangers created by Mr. Arnspiger'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 20.43 and 456,073(8), Florida Statutes (2014-2016), and Chapter 480, Florida Statutes (2014-2016). 2. Section 480.046(1)(p), Florida Statutes (2014-2016), 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 480.0485, Florida Statutes (2014-2016), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, in pertinent part, as: 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 5
pertinent part: In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-227410 scope of practice or the scope of generally accepted examination or treatment of the patient. Rule 64B7-26.010, Florida Administrative Code, provides Hn (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... 5. Mr. Arnspiger violated Section 480.046(1)(p), Florida Statutes (2014-2016), by violating Section 480.0485, Florida Statutes (2014-2016), and Rule 64B7-26.010, Florida Administrative Code, by using his massage therapist-client relationship with Patient S.C. to touch her inappropriately. 6. Mr. Arnspiger violated Section 480.046(1)(p), Florida Statutes (2016), by violating Section 480.0485, Florida Statutes (2016), and Rule 64B7-26.010, Florida Administrative Code, by using his massage therapistclient relationship with Patient A.A. to: a. touch Patient A.A.'s breast; b. touch Patient A.A.'s vagina; 6
c. perform oral sex on Patient A.A.; In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.; MA 34510 Case Number: 2016-22740 d. put his fingers inside Patient A.A.'s vagina; and e. place Patient A.A.'s hand on his penis. 7, Mr. Arnspiger violated Section 480.046(1)(p), Florida Statutes (2016), by violating Section 480.0485, Florida Statutes (2016), and Rule 64B7-26.010, Florida Administrative Code, by using his massage therapist client relationship with Patient K.W. to: a. rub his penis against Patient K.W.'s body; and b. touch K.W.'s vagina. 8. Section 120.60(6), Florida Statutes (2016), authorizes the State Surgeon General to restrict a massage therapist's license upon a finding that the massage therapist presents an immediate, serious danger to the public health, safety, or welfare. 9. Mr. Arnspiger's continued unrestricted practice as a massage therapist constitutes an immediate, serious danger to the health, safety, or welfare of the citizens of the State of Florida, and this summary procedure is fair under the circumstances to adequately protect the public. 7
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510. Case Number: 2016-22740 WHEREFORE, in accordance with Section 120.60(6), Florida Statutes (2016), it is ORDERED THAT: 1. The license of Michael Argyle Arnspiger, L.M.T., license number MA 34510, is immediately restricted to prohibit Mr. Arnspiger from providing massage therapy to female patients. 2. A proceeding seeking formal discipline of the license of Michael Argyle Arnspiger, 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 120.569 and 120.60(6), Florida Statutes (2016). DONE and ORDERED this day of ()Cf:, 2016. Th PREPARED BY: Brynna J. Ross Assistant General Counsel FL DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar Number 49933 (P) (850) 245-4444, ext. 8102 (F) (850) 245-4662 (E) Brynna.Ross(aflhealth.gov e Philip, M.D., M.P.H. Surgeon General and Secretary 8
In Re: Emergency Restriction of the License of Michael Argyle Arnspiger, LMT License No.: MA 34510 Case Number: 2016-22740 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to Sections 120.60(6), and 120.68, Florida Statutes, the Department's findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. Review proceedings are governed by the Honda Rules of Appellate Procedure. Such proceedings are commenced by filing a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, accompanied by a filing fee prescribed by law with the District Court of Appeal, and providing a copy of that Petition to the Department of Health within thirty (30) days of the date this Order is filed. 9
DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH PETITIONER, V. CASE NO. 2016-22740 MICHAEL ARGYLE ARNSPIGER, L.M.T. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Massage (Board) against Michael Argyle Arnspiger, L.M.T.1 and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of massage therapists pursuant to Chapters 20.43, Florida Statutes (2015-2016); Chapter 456, Florida Statutes (2015-2016); and Chapter 480, Florida Statutes (2015-2016). 2. At all times material to this Complaint, Respondent was licensed to practice as a massage therapist within the State of Florida, having been issued license number MA 34510. 3. Respondent's address of record is 8830 South West 129 Terrace,
Miami, Florida 33176. 4. In or about 2014, Patient S.C. received one or more massages from Respondent where Patient S.C. had to move Respondent's hands to prevent him from touching her inappropriately. 5. On or about August 10, 2016, Patient A.A. received a massage from Respondent. 6. Respondent massaged Patient A.A. near her breast, touched the outer part of Patient A.A.'s vagina, separated Patient A.A.'s legs, performed oral sex on Patient A.A., put his fingers inside Patient A.A.'s vagina, and/or placed Patient A.A.'s hand on his penis. 7. In or about 2016, Patient K.W. received three massages from Respondent. 8. During one of more of these visits, Respondent rubbed his penis against Patient K.W.'s arms as he moved around the massage table. 9. During a massage, Respondent touched Patient K.W.'s vagina. 10. During another massage, Respondent again touched Patient K.W.'s vagina. 11. Respondent used the massage therapist-patient relationship to induce or attempt to induce Patient.S,C. to engage, or to engage or attempt DOH v, Michael Argyle Arnspiger, L.M.T. 2 DOH Case Number 2016-22740
to engage Patient S.C., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when he attempted to touch Patient S.C. inappropriately. 12. Respondent used the massage therapist-patient relationship to induce or attempt to induce Patient A.A. to engage, or to engage or attempt to engage Patient A.A., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when Respondent touched Patient A.A. near her breast, touched the outer part of Patient A.A.'s vagina, separated Patient A.A.'s legs, performed oral sex on Patient A.A., put his fingers inside Patient A.A.'s vagina, and/or placed Patient A.A.'s hand on his penis. 13. Respondent used the massage therapist-patient relationship to induce or attempt to induce Patient K.W. to engage, or to engage or attempt to engage Patient K.W., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when he rubbed his penis on Patient K.W. and/or touched Patient K.W.'s vagina. COUNT I 14. Petitioner re-alleges and incorporates by reference paragraphs 1 DOH V. Michael Argyle Arnspiger, L.M.T, 3 DOH Case Number 2016-22740
through 13 as if fully set forth herein. 15. Section 480.046(1)(p), Florida Statutes (2014-2016), authorizes' the Board to discipline a massage therapist for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 16. Section 480.0485, Florida Statutes (2014-2016), 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. 17. Rule 6467-26.010, 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... 18. Respondent used his massage therapist-client relationship with DOH v. Michael Argyle Arnspiger, 4 DOH Case Number 2016-22740
Patient S.C. to induce or attempt to induce Patient S.C. to engage, or to engage or attempt to engage Patient S.C., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when he attempted to touch Patient S.C. inappropriately. 19. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016)1 by violating Section 480.0485, Florida Statutes (2016), and/or Rule 64B7-26.010, Florida Administrative Code. COUNT II 20. Petitioner re-alleges and incorporates by reference paragraphs 1 through 13 as if fully set forth herein. 21. Section 480.046(1)(p), Florida Statutes (2014-2016), authorizes the Board to discipline a massage therapist for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 22. Section 480.0485, Florida Statutes (2014-2016), prohibits sexual misconduct in the practice of massage therapy and defines sexual misconduct, In pertinent part, as a: DOH v. Michael Argyle Arnspiger,L,M.T. 5 DOH Case Number 2016-22740
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. 23. Rule 6467-26.010 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... 24. Respondent used his massage therapist-client relationship with Patient A.A. to induce or attempt to induce Patient A.A. to engage, or to engage or attempt to engage Patient A.A., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when he: a. touched Patient A.A. near her breast; b. touched the outer part of Patient A.A.'s vagina; c. separated Patient A.A.'s legs; DOH V. Michael Argyle Arnspiger, L.M.T. 6 DOH Case Number 2016-22740
d. performed oral sex on Patient A.A.; e. put his fingers inside Patient A.A.'s vagina; and/or f. placed Patient A.A.'s hand on his penis. 25. Based on the foregoing, Respondent violated Section 480.046(1)(p), Florida Statutes (2016), by violating Section 480.0485, Florida Statutes (2016), and/or Rule 6467-26.010, Florida Administrative Code. COUNT III 26. Petitioner re-alleges and incorporates by reference paragraphs 1 through 13 as if fully set forth herein. 27. Section 480.046(1)(p), Florida Statutes (2014-2016), authorizes the Board to discipline a massage therapist for violating any provision of Chapters 480 or 456, Florida Statutes, or any rules adopted pursuant thereto. 28. Section 480.0485, Florida Statutes (2014-2016), 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 DOH v. Michael Argyle Arnspiger, L.M.T, 7 DOH Case Number 2016-22740
scope of practice or the scope of generally accepted examination or treatment of the patient. 29. Rule 6467-26.010, 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... 30. Respondent used his massage therapist-client relationship with Patient K.W. to induce or attempt to induce Patient K.W. to engage, or to engage or attempt to engage Patient K.W., in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient when he when he rubbed his penis on Patient K.W. and/or touched Patient K.W.'s vagina. 31. Based on the foregoing, Respondent violated Section 480,046(1)(p), Florida Statutes (2016), by violating Section 480.0485, Florida Statutes (2016)1 and/or Rule 6467-26.010, Florida Administrative Code, DOH v, Michael Argyle Arnspiger, L.M.T. 8 DOH Case Number 2016-22740
WHEREFORE, Petitioner respectfully requests that the Board of Nursing enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this ler*day of Ocs\--0ar 2016, Celeste Philip, M.D., M.P.H. Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERk CLERK: A Kg a Sa4,141. 4.- S, DATE: OCT 1 9 2016 Brynna J. Ross, Esq. Florida Bar Number 49933 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (p) 850-245-4444 ext. 8102 (f) 850-245-4662 (e) Brynna.ross@flhealth.gov PCP: October 181 2016 PCP Members: Bridget Burke-Wammack, Jennifer Wasylyna DOH v. Michael Argyle Arnspiger, L.M.T, 9 DOH Case Number 2016-22740
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106,111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v. Michael Argyle Arnspiger, L.M.T. 10 DOH Case Number 2016-22740