Ce co bod = fy gf é STATE OF FLORIDA Oy a ae DEPARTMENT OF HEALTH ys 2 DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, vs. . Case Number: 2000-02333 ROBERT S. PORTE, LMHC O | - io) J G Ll Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and % files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against ROBERT S. PORTE, hereinafter referred to as “Respondent, “ and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of mental health counseling pursuant to section 20.43, Florida Statutes; Chapter 456 (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 491, Florida Statutes. Pursuant to Section 20.43(3)(g), Florida Statutes, the Department has contracted with the Agency for Health Care Administration to provide consumer complaint, ‘investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed Mental Health Counselor in the State of Florida, having been issued license number MH 5203. 3. The last address of record for the Respondent is 541 South State Road, Florida 33068. : Potrero oes ER i idileabasiiaaaiiall EE ial al In 1976, the Respondent received a Doctor of Philosophy degree from Heed University. At that time, Heed University was not accredited by a U.S. Department of Education approved accrediting agency. On his curriculum vitae and his business card, the Respondent lists himself as Robert S. Porte, Ph. D. On his curriculum vitae, the Respondent lists that he received a Ph. D. in Clinical Psychology from the Florida Institute of Technology. The Respondent never received a degree from the F lorida Institute of Technology. On his curriculum vitae, the Respondent lists that he received a Master of Science degree from the School of Psychology at Nova University, attending there from 1974 — 1976. The Respondent provided a copy of a degree awarded by Nova University. Although the degree is a Master of Science, the field or specialty is not listed on the degree and the degree was awarded on June 9, 1974. Chapter 491, Florida Statutes, requires a person licensed by the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling to included the words “licensed mental health counselor” or the letters “LMHC” on all promotional materials, including business cards. The business card given to the Complainant did not include either the words or letters describing his licensure status. . Section 817.567, Florida Statutes, prohibits a person from claiming, eithét in writing or” orally, that he or r she i isa Doctor, and prohibits the use of the “Ph. D.” designation, unless that . ‘person has obtained doctoral degree from an institution that i is accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation. Based on the foregoing, the Respondent has violated: section 491 .009(2)(1), Florida Statutes, by making misleading, deceptive, untrue, or fraudulent representations in the practice and that oy | Fiemme 6 SINR PPE term is defined in section 817. 567, Florida Statutes; and section 491.009(2)(q), Plorde status, 7 4 , through a violation of section 491, 0149(1)(b)(3), Florida Statutes, by failing to include the es “EP 40 4 “licensed mental health counselor” of the letters “LMHC” on promotional materials. Lp Of. 4. WHEREFORE, Petitioner respectfully requests the Board of Clinical Sccial wale Marriage and Family Therapy and Mental Health Counseling to'enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license; restriction of Respondent’s practice; imposition of an administrative fine; issuance of a reprimand; __ Placement of the Respondent” s license on probation for a period of time and subject to terms and/or conditions: and/or any other relief which the Board deems appropriate. - SIGNED this 2 UN aay of ley > 2001. COUNSEL FR OR PETIT NONER: Deborah E B. “Senior Attorney wees “Florida Attorney Number 0169889 -» Agency for Health Care Administration ‘Practitioner Regulation — Legal Post Office Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9694 Robert G. Brooks, M. D. Secretary, Department of A By: Nancy M. Snurkowski . Chief Attorney -- General Counsel’s Office “Practitioner Regulation — Legal “DEPARTMENT OF HEALTH DEPUTY CLERK CLERK bi fh, Kenen DATE _ ssf ee FAde\oXun - Oye Le Loon +2 ny Leds oy) O\ Seep rer one

Docket for Case No: 01-003019PL