When I first started massage, I remember an old seasoned massage therapist tell me: "If you ever get turned in to the State of Florida, it will be because another massage therapist turns you in. Rarely is it ever an ordinary client that makes any trouble in your life. It will most likely be another massage therapist that does, because they know all the massage laws."
Seems he was right, at least in your case.
Also seems you have a good incident narrative as to what occurred. Make an official copy of that, and tuck it away with any SOAP Note you may have for the session. You will need them both if this goes any farther.
But I would hold off on sending any of that to the State of Florida Dept of Health before at least that one hour of legal advice from a real attorney. He or She will tell you what legally not to send in to prevent you from sinking your own boat.
When I had my own practice, on my intake forms, I had a Disclosure Statement form which somewhere stated "All charges are for services rendered. No guarantee to any outcome from these services is made."
Some therapists might disagree with a statement like that, wanting to offer the utmost assurance in their services, but back when I took healthcare law at Barry University, I remember the law professor proclaiming that making any type of therapy guarantee is the 'kiss of death' should a lawsuit ever arise. He additionally stated making a declaration of no guarantee is the best method of keeping lawyers and "marginal" patients off your back when attempting to assert wrong doing.
In other words, you can assert it is your basic policy to not provide refunds for services already rendered. Period. It applies to everyone-all clients. End of story.
And to all who are getting multiples of the same comments. Sorry, but I can't stop it. I approve these comments individually. Each time I do, the system automatically sends out an entire copy of the comments if you are signed up to recieve comments. Sometimes I go back, reread peoples comments, find some have many typos and try to correct those typos so that it makes the comment's author look a little more educated and so that it reads a little easier for the masses (there are many viewers following this thread). Each time I correct typos, the system interprets it as a new post and resends out the commments.
From your perspective, it may seem like you are getting a duplicate, but there are actual subtle chages that have been made. I know that could be irritating. SORRY.
--Sean
Oct 06, 2009 Rating
i'm falsely accused by: Anonymous
This was a young(28) female client that I had seen twice. She initiated comments about her abuse history from father, uncle...I did tell her that with doing craniosacral somato release did she want any help with these matters. I then told her I could give her mental health referrals.
She was teary and spoke up a lot about abuse and started to view me as a father image. I'm 57. After calming her and ending the session,she thanked me offered a gratuity and scheduled her next appt.
I might say that she also told me that after completing her schooling in massage therapy she was denied a license from the board because of mental health instability.
So.....she calls a few days later and wants her money back saying I know too much about her(?)I told her she could have anyone at my office work on her since my wife, stepdaughter, and another female therapist was there also.
Next day she wrote a complaint to the DOH saying that I had made inappropriate sexual comments, and failed to properly drape her,that I told her to leave the towel off, to stand naked in front of me,
What???????????????
It is so distressing just to write this. So.... of course the DOH must follow this up and want a written response, a curriculum vitae, and specialty....Possible code violation FS 480.046(1)(h)(o)
Oct 05, 2009 Rating
Please STOP sending multiples of same comments by: Anonymous
Please STOP sending multiples of same comments
Oct 05, 2009 Rating
A little more detail, please. by: Sean
A great post/ question! Also, some great advice from commentors.
However.....before we all get into giving any free legal advice which might lead you down the wrong path, could you give us a little more detail about the letter you got in the mail from the FL Dept of Health....
Is this an actual notice of a possible action against your license? Does it say anything about reporting you to the criminal authorities about the incident? Does the letter specifically ask you for a response to the allegations?
What exactly are the allegations as written on the letter? Are they referencing a Florida Statute or any Florida Administrative code regarding the practice of massage therapy?
Should you respond (here in the comments section) please keep names out of anything written to protect your professional reputation.
Should you give us a few more details, I think you can give you a bit more guidance. Regardless of what you think of the high price of attornies, it may be very well worth plopping down $150 on the table for a one-hour session with any attorney just to see what your options are and some advice as to what NOT to do so as to not worsen your case any more.
I agree completely that you need to contact a lawyer before taking any other action. Of course, keep a record of any conversation you have with anyone about this, and do not speak to anyone who is not in your immediate trust circle about this. If she contacts you or her lawyer does so, you'll want to be able to refer them immediately to your lawyer. Be sure not to say anything to them except imparting your lawyer's contact info.
In terms of finding the right lawyer: I suggest that you go to the Court database or law library and find cases that have been heard involving the Fl. Health department. Locate cases that were won by the lawyer representing to the "other" party against the Health Dept, and then contact those lawyers. They have experience confronting that--what can be--bureaucratic beast and will be able to steer you correctly.
Before it becomes lost in the mind quagmire, write down everything that you can recall in regards to that woman and the massage session(s) that she had with you Then write out a letter, specifically addressing her accusation as submitted to the Health Dept. You will present these materials to the lawyer once you have one.
Good luck to you.
Oct 05, 2009 Rating
Consult an attorney by: Anonymous
Since you've already stated that you received the allegation via the Florida Health Dept., I agree with the previous responder that you need to get a Criminal (although you're not until proven guilty) Attorney to guide you through this.
A possibly similar allegation came to me a few years ago thru local police, not via the State, and I immediately sought legal help.
Good luck.
Oct 05, 2009 Rating
This is a strictly legal and tactical question by: Anonymous
Get the best lawyer you can afford who has had such cases, and do as they say.
