945 So. 2d 509 (2006) MELTON v. STATE No. 1D06-3646. District Court of Appeal of Florida, First District. December 14, 2006. Decision without published opinion. Affirmed.

The issues in this case arise out of an Administrative Complaint filed against the Respondent, Thomas J. McQueen, by the Petitioner, the Department of Professional Regulation. The Administrative Complaint asks the Board of Marriage and Family Therapy to discipline the Respondent on charges set out in two counts. Count I charges that the Respondent failed to make available to a patient or client, upon written request, copies of tests, reports or documents prepared for and paid for by the patient or client and in the possession or under the control of the Respondent, in violation of Section 491.009(2)(n), Florida Statutes (1989). Count II charges that the Respondent also violated Section 491.009(2)(s), Florida Statutes (1989), by failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee or certificate holder is not qualified by training or experience. The Administrative Complaint alleges as parts of this count: that the Respondent discussed his personal goals and frustrations during therapy; that the Respondent accepted a business proposition from a client; that the Respondent abruptly terminated counseling with no referral for continuing care; that the Respondent undertook the directorship of a counseling center without being qualified by training or experience to do so; and that the Respondent did not clarify or correct misleading information he presented regarding his professional credentials.Charge resp. didn't furnish patient file not proven. (No possession or control) Proof of charge of failure to safeguard file & patient confident.