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Arizona State Board of Massage Therapy“Protecting the Public’s Health”1400 West Washington Suite 300 Phoenix, AZ 85007 Telephone 602-542-8604 FAX 602-542-8804Victoria Bowmann, LMT; Earl Duskey, LMT; John Ortega, Public Member;Diane Pruetz, Public Member; Kathleen Phillips, Executive DirectorMINUTES/DraftBOARD MEETINGState of ArizonaDouglas A. DuceyGovernorApril 24, 2017 9:30 a.m.1400 West Washington St, B1Phoenix, AZ 850071. Call to Order by Presiding OfficerEarle Duskey, Chair, called the meeting to order at 9:35 am.A.Roll call of Board members was done to establish a quorum to conduct the meeting.Board Members present:B.Victoria Bowmann, LMT, and ChairEarle Duskey, LMT, Vice-ChairJohn Ortega, Public MemberDiane Pruetz, Public Member(vacant)Professional MemberAcknowledgement of presence of Board staff and legal counsel.Assistant Attorney General:Elizabeth CampbellIndependent Advisor:Michael Raine, AAGBoard Staff present:Kathleen Phillips, Executive DirectorAndrew White, InvestigatorTony Wilcox, Administrative Assistant2. Call to the Public.No concerns.3. Discussion, Consideration and Possible Action on Consent Agenda(Any item under consent may be removed for independent discussion and action by a Board Member.)A. Approval of Minutes:a. February 27, 2017 Board meeting minutesB. Approval of 132 Massage Therapy License Applications (completed between 02/27/17-04/24/17)1
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annaWiesnerXiu stC. Approval of Massage Therapy ALALALALALALALALAIndiana UniversityPurdue University IndianapolisRexburg College of Massage Therapy11/2016-10/2023Esalen Institute School of Massage *LA Vocational Inst2004-2019Arkansas College of Massage TherapyArkansas School of MassageAR Therapeutic Massage Institute and SpaBlue Cliff CollegeBody Wellness Massage AcademyThe Edge School of MassageHealing Therapy and Education LLCLife’s Work School of MassageMassage Works School of Massage420 University Blvd420 University Blvd669 Pioneer Road Suite 50055000 Highway One3540 Wilshire Blvd1000 S. Caraway Rd Ste 112B6108 south 31st Street853 Third Street2503 Hiram Davis Place1212 Military Rd Suite D1211 W. James Street690 Tate Street210 S. Thompson St. suite 4-A201 West Jefferson St # A & BIndianapolisIndianapolisRexburgBig SurLos AngelesJonesboroFort SmithHot aleMountainMassage Works School of MassageRadiance School of MassageRiver Valley School of MassageTouch for Health School of MassageTouching America School of MassageBlue Cliff CollegeMedical Training CollegeBlue Cliff CollegeBlue Cliff CollegeBlue Cliff CollegeDelgado Community CollegeBlue Cliff CollegeMcCann School of Business & TechnologyLouisiana Institute of Massage Therapy701 N. Walnut Suite C3810 Central Avenue Suite E2003 East Parkway Drive502 East 24th Street600 Pine Forest Drive Ste1201505 Metro Dr #I10525 Plaza Americana Drive120 James Comeaux Road803 Barrow Street4436 Veterans Memorial Blvd450 S Claiboren Ave8731 Park Plaza Drive2319 Louisville Avenue3750 Nelson RoadHarrisonHot n RougeLafayetteHoumaMetairieNew OrleansShreveportMonroeLake Charles* Mistake on the ending date, restriction has been removed and will be approved on this Board meeting 4/24/2017MOTION:Ms. Pruetz moved that the board approve A. board meeting minutes for February 27, 2017,B. License applications and C. approval of Massage Therapy Schools.Ms. Bowmann seconded the motion.VOTE:Ayes – 4Nays – 04. Discussion, Consideration and Possible Action on Regulatory MattersA. Discussion, Consideration and Possible Action on Investigative Reviews3
1. Derrick Scott DouglasCase #16-121Mr. Douglas was not present.HH was not present.Investigator White read the investigative report.MOTION:Ms. Bowman moved this to a formal hearing.Ms. Pruetz seconded the motion.VOTE:Ayes – 4Nays – 02. Ayman DaWoodCase #17-108Mr. DaWood was not present.KR was not presentInvestigator White read the investigative report.MOTION:Ms. Bowman moved to authorize executive director Kathleen Phillips to offer consent agreementsummarizing the allegations by KR and to surrender his license to Mr. Dawood to be done twoweeks prior to next board meeting if not accepted at that time then move to a formal hearing.Ms. Pruetz seconded the motion.Mr DaWood just walked in.Mr. Duskey asked Mr. DaWood to come forward.Mr. Duskey asked Mr. DaWood to explain about his surrender of license.Mr DaWood said he does not want to be in this business anymore, it is his choice.Mr. Duskey asked if he agrees with the accusations from KR.Mr. DaWood said he does not agree with the accusations.Ms. Campbell said we do not have the consent agreement prepared for today.Mr. Duskey asked Mr. DaWood for a brief overview of what happened.Mr. DaWood said he does not remember the person that accused him.Mr. Duskey asked if Mr. DaWood asked KR for her phone number.Mr. DaWood said no he did not ask KR for her phone number.Ms. Bowman asked Mr. DaWood if he has ever kissed a person on the hand or foreheadin his practice.Mr. DaWood said no.Ms. Phillips asked if Mr. DaWood understands in order to do the consent agreement forsurrender, the requirements in A.R.S. § 32-4254(O), which states you admit to violatingthe statute.Ms. Bowman withdrew her motionMs. Pruetz withdrew her motion.Ms. Bowman moved this to a formal hearing.Mr. Ortega seconded the motion.VOTE:Ayes – 4Nays – 03. Harrison VickersCase #17-109Mr. Vickers was present.The complainant, WJ was present.Investigator White read the investigative report.Mr. Duskey asked Mr. Vickers to give overview.Mr. Vickers stated that he used Groupon to get his name around.Mr. Vickers said when a client comes in, the client fills out a client information formMr. Vickers reviewed the form and didn’t find any comments rejecting a deep tissuemassage. This is what WJ requested by purchasing an athletic massage.Mr. Vickers explained that the massage was a deep tissue massage.Mr. Vickers explained that he used only medium pressure on the massage.Mr. Vickers said that WJ indicated the pain was in her lower back and has never beendiagnosed with sciatica.-4-
Mr. Vickers read from the client information form on which WJ stated “sometimes I havetingling down my left leg, also I wake up sometimes and my arms are tingly from the wayI hold them when I sleep”Mr. Vickers said if the client has not been diagnosed with sciatica, the tingling from theleft leg is piriformis syndrome. Piriformis syndrome is where the piriformis hinges on topof the sciatic nerve causing tingling down the leg.Mr. Vickers said he used adequate pressure on WJ during the massage.Mr Duskey asked WJ to give overview.WJ said her chiropractor advised her to go to a massage therapist.WJ said the pressure Mr. Vickers used was too hard & caused bruising.WJ said she went to her primary care doctor and was tested to see if she bruised easily.WJ said she was bruised for at least four weeks.MOTION:Ms. Bowman moved the case be sent to a formal hearing.Ms. Pruetz seconded the motion.VOTE:Ayes – 4Nays – 04. Min YuCase #17-112Ms. Yu was not present.Investigator White read the investigative report.MOTION:Ms. Bowman moved that the case be sent to a formal hearing.Ms. Pruetz seconded the motion.VOTE:Ayes – 4Nays – 0C.Discussion, Consideration and Possible Action on Cease and Desist1. Kim Suzanne PlawchanInvestigator White read the report.2. Ben BarnesInvestigator White read the report.3. Eulalia CollinsInvestigator White read the report.4. Johnathan ThompsonInvestigator White read the report.License # MT-11367Expires: 04/07/2017(Suzanne is renewing her license.)Ben is not licensed by the massage therapy board.License # MT-04843Expires: 01/20/2018(Eulalia is renewing her license.)License # MT-07160Expired: 02/05/2016(Johnathan is not renewing license at this time.)5. Administrative MattersA. Ms. Phillips gave the status report about licenses as ly Surrendered: 19Revoked:70Closed – App withdrawn and failed to complete: 639MOTION:VOTE:Ms. Pruetz moved to go into executive session to discuss personnel mattersper A.R.S. § 38-431.03(a)(1)Ms. Bowman seconded the motion.Ayes – 4Nays – 0-5-
B. Personnel mattersExecutive Session: 10:10 am – 10:20 amRegular Session Reconvened 10:20 amMOTION:Ms. Bowman moved the executive director go from full time to part time 20 hours per week withflexible hours including board meetings, vpn with the change in salary as discussed in executivesession.Ms. Pruetz seconded the motion.VOTE:Ayes – 4Nays – 0Regular Session break: 10:25 am – 10:45 amRegular Session Reconvened 10:45 amB2. Online renewals and board updateMs. Phillips addressed the Board about:2. Online renewals and Board update.C. Federation update1. Mr. Duskey gave Federation update.Regular Session break: 10:54 am – 11:00 amRegular Session Reconvened 11:00 amB. Discussion and Possible Action on Cases Voted to Formal Hearings –Motions to DeemAaron Frank OrricoCase #17-101Begin formal hearing:Aaron Frank Orrico was not presentAG Ms. Campbell handed out court documents for a motion to deem to board.AG Ms. Campbell addressed the board based on Mr. Orrico’s failure to respond to thecomplaint and Mr. Orrico’s failure to appear at the state’s formal hearing.The state requested the board to deem the allegations in the complaint and notice ofhearing admitted and then moved directly to a determination of what discipline wasappropriate and in line with the violation.MOTION:Ms. Bowman moved that the board adopt the factual allegations from the complaint and notice ofhearing as findings of fact and conclusions of law.Ms. Pruetz seconded the motion.VOTE:Ayes – 4Nays – 0MOTION:Ms. Pruetz moved for revocation of the license.Ms. Bowman seconded the motion.ROLL CALL VOTE:Ms. Pruetz – AyeMr. Ortega – AyeMs. Bowmann – AyeMr. Duskey – AyeMr. Duskey stated the parties have further appeal rights that will be explained in theboard order.-6-
6. Matthew T BuseCase #17-105Begin formal hearing:Matthew Buse was present with attorney David DegnanMr. Duskey Recused himself and Ms. Bowmann presided over the hearing.Ms. Bowman made opening statementROLL CALL VOTE:Ms. Pruetz – AyeMr. Ortega – AyeMs. Bowmann – AyeAG Ms. Campbell addressed the boardMOTION:Ms. Pruetz moved that the board go into executive session for legal advice.Mr. Ortega seconded the motion.VOTE:Ayes – 3Nays – 0Executive Session: 11:08 am – 11:18 amRegular Session Reconvened 11:18 amMs. Bowmann noted that information was reviewed at the last board meeting which iswhy it came to formal hearing. We have all removed that information from ourcomputers.Ms. Bowmann asked Mr. Ortega do you believe you can be open to the materialpresented today and set aside what is in the packet in making your decision.Mr. Ortega said he could.Ms. Pruetz said she could.Ms. Bowmann said she could.Atty David Degnan stated he was willing to move forward.AG Ms. Campbell handed out court documents to the board.Board members present are Ms. Pruetz, Mr. Ortega and Ms. BowmannAG Ms. Campbell was present on behalf of the state.David Degnan was present on behalf of Matthew T BuseAG Ms. Campbell made opening statementAtty David Degnan made opening statementAG Ms. Campbell called 1st Witness MMMM sworn inAG Ms. Campbell asked MM if she had had massages before April 18, 2016MM said noAG Ms. Campbell asked why MM went for a massageMM said for shoulder and neck painMM said she met Mr. Buse and Mr. Buse explained how she should get ready and whatthe deep tissue massage was.AG Ms. Campbell asked how the massage started.MM stated she didn’t remember how the massage startedAG Ms. Campbell asked if she was taking medication.MM said she is taking medication prescribed to her.MM said Mr. Buse worked on her back, legs, front shoulders neck area.AG Ms. Campbell asked if she was comfortable with the sheet drapingMM said she was comfortable while she was laying on her stomach, then was asked toturn over and lay on her backMM described the sheet was above her breasts.MM described the pectoral muscles, then the sheet just slid off and Mr. Buse massagedher breast.MM had not agreed for Mr. Buse to work on her pectoral muscles.AG Ms. Campbell told MM to describe how she was massaged on her breasts.-7-
MM said he kept his hand on the whole breast covering the nipple.MM said she didn’t say anything to Mr. Buse.MM said two days later she contacted a social workerAG Ms. Campbell stated the massage happened in April.MM stated she reported it in July.AG Ms. Campbell asked to admit Exibit 2MM looked at Exibit 2 then said she recognized it was the complaint she had done.Atty David Degnan presented copies of respondent’s exhibits to the board.Atty David Degnan asked MM if she recognized respondents exhibit, 4 client intake form,and if it was an accurate copy of the form she signed.Atty David Degnan asked MM if she had had a professional massage before.MM she had a massage in 2015 on the form.Atty David Degnan asked MM to read the listed medications she had written on the intakeform.MM listed the medications she had written down on the form saying her psychiatristprescribed them.Atty David Degnan asked MM if she was ever advised of the side effects of themedications.AG Ms. Campbell made a objection, the reason for objection is many drugs potentiallyhave side effects.MM said the medications she is prescribed don’t cause her side effects.Ms. Bowman accepted the objection.Atty David Degnan asked MM if she was aware that they have major side effects.Ms. Bowman asked Atty David Degnan to move past the medications.Atty David Degnan asked MM if she noted in her complaint that the draping had slid off.MM said noAtty David Degnan asked MM if she noted in her complaint that Mr. Buse touched hernipples.MM said noAtty David Degnan asked MM if she was in pain afterwards and had soreness.MM said yesAtty David Degnan asked MM if it was an aggressive touch massage.MM said yesAtty David Degnan asked MM if there was any pictures or evidence to support this.MM said noMM said April 18 was Monday the day of the massage and she waited and told hercaseworker on WednesdayAtty David Degnan asked MM if she heard the crossfit class going on in the buildingMM said noAtty David Degnan asked MM how the massage started.MM said massage started on her stomach.AG Ms. Campbell asked MM if anxiety and depression medications are what she wastaking.MM said yesAtty David Degnan made an objection, reason for objection calls for medical conclusion.Atty David Degnan asked MM if there was any music playing during the massage.MM said yes background music, no words, it was instrumental soothing music.Ms. Bowman asked MM if this was her first massage with a therapist.MM said yesAtty David Degnan called Melissa Faircloth.Melissa Faircloth was sworn inAtty David Degnan asked Ms Faircloth if she is co-owner of Twisted Tree HealthMs Faircloth said yesAtty David Degnan asked Ms Faircloth if she had testified before this panel previously forthe investigative hearing.Ms Faircloth said yesAtty David Degnan asked Ms Faircloth what she thought of the testimonyMs Faircloth said she was really upset.AG Ms. Campbell made an objection,because it was not Ms. Faircloths position to passone way or another on MM’s position.-8-
Atty David Degnan withdrew his question.Atty David Degnan asked Ms Faircloth if they ever played nature music, instrumental orsoothing music.Ms Faircloth said we never play soothing, instrumental or nature music. We play popularmusic instead.Atty David Degnan asked Ms Faircloth can you read Document Buse002 of exhibit 3Ms. Faircloth read the review “Also the lyrical music in the background was a distraction,and she would have preferred some meditation ambient music.”Regular Session break: 12:25 pm – 12:30 pamRegular Session Reconvened 12:30 pmAtty David Degnan asked Ms Faircloth to read Document Buse007-008 of exhibit 3, LisaHolden’s Review.Ms. Faircloth read the review “I am a disabled navy veteran and have 3 back and 2 necksurgeries as well as developed fibromyalgia I have been to many massage therapiststrying to find someone to relieve the muscle and joint pain, but still be in tune with thepain that a massage caused by fibromyalgia. Matt did an amazing job I came on agroupon deal came back next week to be sure it wasn’t a fluke and now I am a memberanother thing I think is awesome at twisted tree health that it’s not my mother’s spa, don’tget me wrong spas are great for people that like fluff and stuff but I am looking for amassage therapist. No waterfall sounds just faith healing real music no scented candles,lotion, healthy natural oils and no Lysol beach smells they use an all-natural cleaningproducts.”Atty David Degnan asked Ms Faircloth whether the business played soothing orinstrumental music at twisted tree.Ms. Faircloth said noAtty David Degnan asked Ms Faircloth whether she started a massage face up or facedownMs Bowman said she is not the therapist she is the owner.AG Ms. Campbell Objected that Ms. Faircloth is not representing Mr. Buse as a therapistAtty David Degnan responded that she could testify to standard practice, policies andproceduresMs. Faircloth said we start faceupMs. Faircloth stated that MM was originally scheduled for a massage with Bethany onMarch 23rd at 5pm, but Bethany did not show up for work that day.Atty David Degnan asked if Ms. Faircloth had call log records.Ms. Faircloth said yesAtty David Degnan presented Call logs as Exhibit 1AG Ms. Campbell Objected that she couldn’t make heads or tails out of Exhibit 1, it’sredacted to the extent you can’t read it.Ms Bowman sustained the objectionMs. Faircloth explained how to read Exhibit 1.AG Ms. Campbell asked Ms. Faircloth about a 293 seconds call.Ms. Faircloth explained it was callback from MM’s numberAG Ms. Campbell asked about the music played.Ms. Faircloth explained they use a Spotify playlist.Ms Bowman asked who did the scheduling.Ms. Faircloth stated herself, online scheduling, or backofficeAtty David Degnan called Matt T BuseMr. Buse sworn in.Atty David Degnan asked Mr. Buse whether he touched MM’s breastMr. Buse said no.Atty David Degnan asked Mr. Buse whether his entire hand cupped MM’s breastMr. Buse said no.Atty David Degnan asked Mr. Buse whether he touched MM in a sexual manne
AR Life’s Work School of Massage 210 S. Thompson St. suite 4-A Springdale AR Massage Works School of Massage 201 West Jefferson St # A & B Mountain View AR Massage Works School of Massage 701 N. Walnut Suite C Harrison AR Radiance
