fs Rub STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, vs. Case Number: 2001-04149 PETER COVERT, 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 PETER COVERT, 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 registered Mental Health Counseling Intern in the State of Florida, having been issued registration number IMH 2654. 3. The last address of record for the Respondent is 2901 Southwest 41" Street, Apartment 2616, Ocala, Florida 34474, ee 4. During the year 2000 and until April 2001, the Respondent was employed by Marion County Children’s Advocacy Center as a Senior Therapist. ener oar re Seen ear sh ka dic _ COUNTY 5. Petitioner realleges and incorporates paragraphs one (1) through four (4) as if fully set forth herein this Count One. oo , . 6. On or about March 15, 2001, the Respondent received Formal Notice of Suspension of Clinical Privileges from his employer, the Marion County Children’s Advocacy Center. 7. On or about March 28, 2001, in a letter to the Executive Director of Marion County Children Advocacy Center, the Respondent acknowledged that he made errors in record-keeping. 8. Rule 64B4-9.002(2), Florida Administrative Code sets forth the basic information required to be retained about the client. This rule states that a psychotherapy record shall contain basic information about a client including: name, address and telephone number; dates of therapy sessions; treatment plan and results obtained; diagnosis, if applicable; financial transactions between the therapist and the client; notes or documentation of the client’s consent to treatment; copies of client’s authorizations for release of records; legal forms relating to the client; and documentation of any contact between the therapist and other professionals regarding the client, Rule 64B4-9.00 1, Florida Administrative Code states that psychotherapy records shall remain confidential except as provided by law or as allowed pursuant to a written and signed authorization by the client specifically requesting or authorizing the release or disclosure of records. 9. The Respondent sent a letter that was addressed to his supervisor relevant to a client of his to the Department of Children and Families. The letter was sent without the consent of the author of the letter, his supervisor, or the client or the client’s legal representative. 10. The Respondent is subject to discipline for violating Section 491.009(2)(q), Florida Statutes, through a violation of Rule 64B4-9.002(2), Florida Administrative Code by failing to maintain basic information required and failing to maintain the confidentiality of the information as required by Rule 64B4-9.001, Florida Administrative Code. Fever Se Pree meer RRR IRR COUNT II 11. Petitioner realleges and incorporates paragraphs one (1) through four (4), as if fully set forth herein this Count Two. 12. On or about February 8, 2001, the Respondent sent an email to client (LB) discussing issues related to therapy. 13. On or about February 8, 2001, the Respondent sent an email to client (LG) discussing issues related to therapy. 14. The Respondent gave clients his home telephone number and encouraged clients to call him at home. 15, The Respondent learned that a client was dating the same man as one of his co-workers and told the co-worker. 16. The Respondent invited and allowed attendance of non-group members to attend a closed group meeting. The invitation was issued without obtaining the prior consent of all of the group members. 17. The Respondent failed to properly screen group members for therapeutic groups. 18. Telephonic and email communications with clients from the home of a clinician violates therapeutic boundaries and creates inappropriate dual relationships. Releasing confidential information learned during therapy; failing to obtain consent of group members before allowing non-group members to attend group meetings; failing to properly screen group members for therapeutic groups; and failing to maintain appropriate clinical boundaries do not conform to the minimum standards of performance in the profession of mental health counseling. 19. The Respondent is subject to discipline for violating Section 491.009(2)(s), Florida Statutes, 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 registered intern is not qualified by training or experience. WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, 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 [ th day of Xa , 2001. John O. Agwunobi, M. D., M.B.A. Secretary, Department of Health By: . Nancy M. Snurkowski Chief Attorney General Counsel’s Office Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks & ; Senior Attorney F l LE D Florida Attorney Number 0169889 DEPARTMENT OF HEALTH Agency for Health Care Administration DFPUTY CLERK Practitioner Regulation — Legal aLerk Yehi Ra FOO Post Office Box 14229 z2/ol Tallahassee, Florida 32317-4229 pate__ (0/2 (850) 487-9694 TEP. Dhies Ad “Zeehou| Cry \ dr omer pers ee

Docket for Case No: 01-004841PL