Oct 4 2006 9:00 Oct 4 2006 8:56 P.03 | | STATE OF FLORIDA | DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, "Petitioner, Vv. CASE NO. 2005-66289 JOHN MICHAEL BONE, Ph.D., L.M.H.C,, : Respondent. ISTRA OMP T COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Clinical | Social Work, Marriage nd Family Therapy, and Mental Health Counseling (Board) against John Michael Bone, Ph.D., L.M.F.C., and alleges: 1. _ Petitioner is the state agency charged with regulating the practice’ of clinical social work, marriage and family therapy, and mental health counseling Pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes, _| ) 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 1221 on May 27, 1983, 3. Respondent's address of record is 1177 Louisiana Avenue, Suite 115, Winter Park, Florida 32789, DOH y, John Michael Bone, Ph.D., L.M.H.C. 1 DOH Case No. 2005-66289 J:\Aliied Health\Lynette Nom\M9t\pcr: 2006\2006-04 PCP-2\AC, | i i 1 | quiz tb AV Oct 4 2006 9:00 Oct 4 2006 6:57 P. O04 4, On or about January 10, 2005, Respondant was ordered by the court in Orange County Case Na. DR-04-18795 to evaluate fifteen-year-old RTS. to discern whether or not RTS had been subjected to parental alienation by the father ‘against the mother, : 5. Prior to being appointed by the court as the evaluator of RTS, Respondent was contacted by the attorney representing RTS’s mother for consultation regarding parental alienation by the father of RTS, 6, Prior to being appointed by the court as the evaluator of RTS, Respondent reviewed select communications between the parents of RTS, which were provided by RTS's mother, | | 7. Prior to being appointed by the court as the evaluator of RTS, Respondent expressed the opinion to the attorney representing RTS’s mother that RTS would need to be fully evaluated ined to determine whether RTS was affected by parental alientation syndrome (P; | 8. Respondent's opinion formed the basis of a motion to the court, filed on behalf of RTS's mother, for an evaluation of RTS to determine whether RTS suffered from PAS due to the actions of his father against his mother. 9. Respondent conducted the court ordered evaluation from on or about February 7, 2005, to on or about March 23, 2005. 10. The Report submitted to the court by the Respondent was dated May 19, 2005. | DOH ¥. John Michael pubes PhD. LM.H.C. 2 DOH Case No. 2005-6628! 2\Aliied Health\Lynette Nomre4pt\PeP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:00 Oct 4 2006 6:57 P.O5 11. Ina letter dated February 18, 2005, from the father, RS, to the Respondent, the father informed the Respondent that RTS had had various types of past therapy and professional help, and that RTS was currently seeing T.F.,. a licensed mental health counselor for individual therapy. 12. Respondent's interview notes from March 22, 2005, indicate that RTS was at that time seeing T.F., U.M.H.C., at Florida Psychiatric. 13. In a Consent for Release of Information dated March 23, 2005, RTS’s father and mother both signed for release of RTS’s medical records to the Respondent and indicated their consent that Respondent communicate directly with healthcare providers T.F. and M.C. 14. T.F., L.M.H.C., began treating RTS on or about January 14, 2005. 15. ‘T.F., L.M.HIC., states in a letter dated October 5, 2005, that his records show no contact by Respondent requesting any information on RTS. 16. Respondent claims that Respondent’s evaluation of RTS included , approximately ten hours of direct clinical interviews in various combinations including individual meetings and joint meetings with both parties and the minor child as well as a joint meeting without the minor child. 17, Respondent claims that Respondent's evaluation of RTS included : interviews of both step-parents. 18, Respondent claims that Respondent's evaluation of RTS included a review of 500 to 1000 pages of supporting documentation submitted to Respondent by the | . parties, DOH vy. John Michael vale Ph.D., uM, H.C. 3 DOH Case No. 2005-6628 }\Allied Heatth\Lynette Narn 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:00 Oct 4 2006 6:57 P. O06 19. Respondent|claims that Respondent’s evaluation of RTS included a review of past testimony and depostions and pleadings. 20. Respondent claims that he attempted to interview the brothers of RTS, who declined, but sent letters to the Respondent. 21, Respondent claims that he twice attempted by phone to contact RTS's current treating therapist, T.F., L.M.H.C. 22. There is no evidence in Respondent's evaluation record for RTS that Respondent: ever attempted by. phone, or by any other manner, to contact RTS’s current treating therapist, T.F., L.M.H.C., for an evaluation interview. 23, Respondent May 19, 2005, court ordered evaluation of RTS did not include interviews with RIS's current therapist, T.F., or any prior treating mental health professionals. | 24. Respondent's May 19, 2005, court ordered evaluation of RTS did not include a review of records from RTS's current therapist T.F., or any prior treating , mental health professionals, | 25. Respondent's May 19, 2005, court-ordered evaluation of RTS did not include interviews with any current or prior family physician. 26.. Respondent's May 19, 2005, court ordered evaluation of RTS did not include a review of recoriis from any current or prior family physician. 27. The documents reviewed by Respondent for Respondent's evaluation of RTS indicate that the maternal grandparents were involved in the family history of disputes. BOH vy, John Michael Bone, PhD,, b.M.H.C. 4 DOH Case No. 2005-66289 2:\Allied Health\Lynette Norr\491\PCP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:01 Oct 4 2006 6:57 P.O? 28. Respondent's March 2005 interview notes for RTS indicate that the grandparents were invoived with the family history of disputes. 29. Respondent’s May 19, 2005, court ordered evaluation of RTS did not include interviews with any of RTS’s grandparents. 30. Respondent’ May 19, 2005, court ordered evaluation of RTS did not include interviews with any relatives of the immediate families. ' 31. Respondent's evaluation of RTS for custody, residence, or visitation failed to include any use of testing instruments. 32. ‘On or about August 10, 2005, therapeutic intervention for RTS was ordered by the court based on Respondent’s report that RTS was severely alienated from his mother. i 33. Ata hearing before the court on or about August 8, 2005, Respondent recommended his caleague and associate RAE, Ph.D., to provide the court ordered therapeutic intervention and reunification therapy for RTS. 34, Respondent and RAE, PhD., are co-owners and co-operators of an active limited liability Florida dompany, Tree House Solutions LLC, which is an educational resource of services for families experiencing divorce and its aftermath. 35, The Tree House Solutions web site, www.treehousesolutions.org, lists the academic credentials, clinical experience, licensures, and certifications of Respondent and his associate, RAE, | nD. 36. Ata wi before the court on or about August 8, 2005, Respondent stated on the record, on page 32 of the transcript, that RAE, Ph.D., “is a — I would DOH v. John Michael Bone, Ph.D., LM.H.C, 5 DOH Case No, 2005-66289 3:\Allied Health\Lynette Nom\aSi\PCP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:01 Oct 4 2006 6:58 P. 08 consider qualified to take — either role really. The therapist or the parenting coordinator if the court agrees with that.” 37. On or about) August 10, 2005, the court, on the recommendation of the Respondent, appointed licensed school psychologist RAE, Ph.D., to provide the therapeutic intervention necessary to reestablish RTS's visitation with his mother and to further deal with the psychological effects that PAS has had on RTS and the parties’ other son, BS.. 38. At a hearing before the court on or about September 23, 2005, as — recorded on pages 4 and 5 of the transcript of that hearing, the judge confirmed with Respondent that the doctor that Respondent had previously recommended was for “the ‘ purpose of reestablishing the relationship between the mother and the child,” and the Respondent replied, “that’s correct.” 39. Licensed ". psychologist RAE, Ph.D., testified at a hearing on or about November 8, 2005, that he started therapy with RTS on September 26, 2005, then September 27, October 6, October 18, and October 26, 2005. 40. Licensed school psychologist RAE, Ph.D., testified at hearing on or about November 8, 2005, that what he did with RTS was therapy with the goal of reestablishing a relationship between RTS and his: mother. 41, Ina letter dated October 27, 2005, Respondent provided a complete copy of his file regarding the RTS evaluation and certified completeness of those records. | DOH v. John Michael Bone, Ph.D., late 6 DOH Case No, 2005-66289 : JMllied Health\Lynette Narr\491\PcP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:01 Oct 4 2006 6:58 P.09 COUNT ONE 42. . Petitioner re-alleges and incorporates paragraphs one (1) through forty- two (42) as if fully set forth in this count. 43, Section 491.009(1)(w), Florida Statutes (2004) provides that violating any provision of this chapter of chapter 456, or any rules adopted pursuant thereto, ‘constitutes grourids for disciplinary action by the Board, 44, Rule 64684-7.006(2)(a), Florida Administrative Code, requires. that when providing an evaluation |of a minor for the purpose of making a recommendation regarding custody, residence, or visitation, the licensee shall be impartial, act in the - best interest of the child, avoid conflicts of interest, and not have been the treating psychotherapist nor had a prior relationship with any of the parties to the evaluation. 45. Prevailing peer performance and opinion is that a dual relationship by a psychotherapist who evaluates @ minor for the purpose of making a recommendation regarding custody, residence, or visitation fails to meet minimum standards. of performance in professional activities. — | 46, Respondent viofated Rule 64B4-7,006(2)(a), Florida Adrninistrative Coda, by providing an evaluation of minor RTS for the purpose of making a recommendation regarding custody, when the Respondent had a prior relationship with the mother of RTS as a consultant who/provided the opinion that a full evaluation would be needed to determine whether RTS was suffering from PAS. 47, Based on the foregoing, Respondent violated Section 491,009(1)(w), Florida Statutes (2004), by violating Rule 64B4-7.006(2)(a), Florida Administrative DOH vy, John Michael Bone, Ph.D, L.M.H. C DOH Case No, 2005-66289 4:\Allied Health\Lynette Nom\aS1\PCR 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:01 Oct 4 2006 6:58 P.10 Code, by providing an evaluation of a minor when he had a prior relationship with one of the parties to the evaluation. COUNT TWO 48, Petitioner re-alleges and incorporates paragraphs one (1) through forty- two (42) as if fully set forth in this count. 49. Section 49 .009(1)(w), Florida Statutes (2004) provides that Violating any provision of this chapter or chapter 456, or any rules: adopted pursuant thereto, constitutes grounds for disciplinary action by the Board, 50. Rule 64B4-7.006(2)(b), Florida Administrative Code, requires that when providing an evaluation] of a minor for the purpose of making. a recommendation regarding custody, veitlree, or visitation, the licensee shall use multiple avenues of testing and interviewing methods, and shall involve all persons central to the child in question, including, at a minimum, communication with the child, data gathering, including the parties seeking custody or visitation, any treating mental health professional, family physician, and relatives of the immediate families. 51. Prevailing peer performance and opinion is that in order to present a balanced and well-informed opinion regarding parental alienation, the use of both psychological testing and! information gathered from collaterals is essential. 52. Respondent violated Rule 6484-7.006(2)(b), Florida Administrative Code, by failing to interview RTS's treating mental health professionals T.F., L.M.H.C. and M.C., L.M.H.C.; the family physician; the immediate relatives of the families, including the grandparents of RTS; and other persons central to the child in question, including DOH v. John Michael Bone, Ph.D., L.M.H.C, 8 DOH Case No, 2005-66289 Milled Health\Lynette Nor\#8u\PCF 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:02 Oct 4 2006 6:58 P.11 teachers and the school counselor, in Respondent's evaluation of minor RTS for the purpose of making a recommendation regarding custody, residence, or visitation. 53. Based on the foregoing, Respondent violated Section 491.009(1)(w), Florida Statutes (2004), | by violation Rule 64B4-7.006(2)(b), Florida Administrative Code, by failing to interview all persons central to the child in question, including, any treating mental health professionals, family physician, and relatives of the immediate families when providing] an evaluation of a minor for the purpose of making a recommendation regarding custody, residence, or visitation. | | COUNT THREE 54. Petitioner re-alleges and incorporates paragraphs one (1) through forty- two (42) as if fully set forth in this count. 55, Section 491.009(1)(w), Florida Statutes (2004) provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, constitutes grounds for disciplinary action by the Board. 54. Rule 6484-7.006(2)(b), Florida Administrative Code, requires that when providing an evaluation’ of a minor for the purpose of making a recommendation regarding custody, residence, or visitation, the licensee shall use multiple avenues of: data gathering, including testing and interviewing methods, and shall involve all persons central to the child in question, including, at a minimum, communication with the child, the parties seeking custody or visitation, any treating mental health professional, family physician, and relatives f the immediate families. DOH v. John Michael Bone, Ph.D. UMC. 9 DOH Case No. 2005-66289 3:\Allied Health\Lynette nema 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:02 Oct 4 2006 6:59 P.12 57. Prevailing beer performance and opinion is that in order to present a balanced and well-informed opinion regarding parental alienation, the use of both psychological testing and information gathered from collaterals is essential, Psychological evaluationg of the parties or at least of RTS would have been appropriate to rule out any educational, emotional, or psychological problems, This is. particularly important because a custody evaluation was not done at any prior time. Assessments for RTS would have been able to discern his cognitive abilities, level of development and psychological vulnerability. Projective testing for RTS would also have been helpful in looking at how RTS handles his emotions and his sense of identity. 58. Respondent Violated Rule 64B4-7.006(2)(b), Florida Administrative Code, by failing to use testing methods in Respondent's evaluation of RTS for the purpose of making a recommendatian regarding custody, residence, or visitation. 59. Based on the foregoing, Respondent violated Section 491.009(1)(w), Florida Statutes (2004), by violating Rule 64B4-7.006(2)(b), Florida Administrative Code, by failing to use testing methods in data gathering when providing an evaluation of a minor for the purpose of making a recommendation regarding custody, residence, or visitation, | COUNT FOUR 60. Petitioner re-alleges and incorporates paragraphs one (1) through forty- two (42) as if fully set forth in this count. 61. Section 456.072(1)(j), Florida Statutes (2004) provides that aiding, assisting, procuring, employing, or advising any unlicensed person or entity to Practice DOH v. John Michael Bone, Ph.., LM.H.C. 10 DOH Case No, 2005-66289 : 2;\Allied Health\Lynette Nor\491\PCF 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:02 Oct 4 2006 8:59 P.13 | | a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the| board, constitutes grounds for which disciplinary action may be taken by the Board. | 62. Pursuant to Section 490.003(4), Florida, Statutes (2004) “practice of psychology” means the observations, description, evaluation, interpretation, and modification of human behavior, by the use of scientific and applied psychological principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral health and mental or psychological health. The ethical practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning, including evaluation of mental competency to manage one's affairs and to participate in legal Proceedings; counseling, psychoanalysis, all forms of psychotherapy, sex therapy, hypnosis, biofeedback, land behavioral analysis and therapy; psychoeducational evaluation, therapy, remediation, and consultation; and use of psychological methods to diagnose and treat. me ital, nervous, psychological, marital, or emotional disorders, illness, or disability, alcoholism and substance abuse, and disorders of habit or conduct, as well as the psychotogical aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment. 63. Pursuant to Section 490.003(5), Florida Statutes (2004), “practice of school psychology” means the rendering or offering to render to an individual, a group, DOH v. John Michael Bone, Ph.D., L.M.H.C. il DOH Case No. 2005-66289 3:\Allied Health\Lynetta Norr\@91\PCP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:02 Oct 4 2006 6:59 P14 an organization, a government agency, or the public any of the following services: (a) Assessment, which includes psychoeducational, developmental, and vocational assessment; evaluation and interpretation of intelligence, aptitudes, interests, academic achievement, adjustment, and motivations, or any other attributes, in individuals or groups, that relate to learming, educational, or adjustment needs; (b) Counseling, which includes short-term situation-oriented professional interaction with children, parents, or other adults! for amelioration or prevention of learning and adjustment problems. (c) Consultation, which includes psychoeducational, developmental, and vocational assistance or direct educational services to schools, agencies, organizations, families, or individuals related to learning problems and adjustments to those problems. (d) Development of programs, which includes designing, implementing, or evaluating educationally and psychologically sound learning environments; acting as a catalyst for teacher involvement in adaptations and innovations; and facilitating the psychoeducational develdpmen of individual families or groups. 64. Respondent knew or had reason to know that his colleague and associate, RAE, Ph.D., was only licensed in the state of Florida to practice school psychology. 65. By providing reunification therapy to RTS and his mother, RAE, Ph.D., practiced therapy contrary to Chapter 490, Florida Statutes. 66. Respondent knew or had reason to know that his colleague and associate, RAE, Ph.D., was not licensed to provide the kind of reunification therapy for RTS and his mother that Respondent recommended to the court for RTS. DOH v. John Michael Bone, Ph.D, LM.H.C. 12 DOH Case No, 2005-66289 ii\Allied Health\Lynette Nora 2006\2006-04 PCP-2\AC\ 67, Respondent Oct 4 2006 Oct 4 2006 9:03 9:00 P.15 knew or had reason to know that his colleague and associate, RAE, Ph.D., would be practicing therapy contrary to Chapter 490, Florida Statutes, by accepting the charge of providing reunification therapy for RTS and his mother. _ 68. unlicensed in the state Statutes, and unlicensed Respondent aided, assisted, or procured RAE, Ph.D., an individual of Florida to practice psychology under Chapter 490, Florida n the state of Florida to practice any profession under Chapter 491, Florida Statutes, to undertake the court ordered responsibility of providing reunification therapy for 69. Based on ‘Florida Statutes (2004), RTS and his mother contrary to Chapter 490, Florida Statutes. the foregoing, Respondent violated Section 456.072(1)(j), by aiding, assisting, procuring, employing,. or advising RAE, Ph.D., @ person not licensed to practice psychology or psychotherapy, to practice psychology or psychotherapy contrary to this chapter, the chapter regulating the profession; or the rules WHEREFORE, the Work, Marriage and Fa imposing one or more of Respondent’s license, issuance of a reprimand refund of fees billed or Board deems appropriate. DOH v. John Michael Bone, Ph.D, bM.H.C. DOH Case No. 2005-66289 of the department or the board. Petitioner respectfully requests that the Board of Clinical Social mily Therapy, and Mental Health Counseling enter an order the following penalties: permanent revocation or suspension of restriction of practice, imposition of an administrative fine, placement of the Respondent on probation, corrective action, collected, remedial education and/or any other relief that the 13 d:\Allied Health\Lynette Nomr\491\PCP 2006\2006-04 PCP-2\AC\ Oct 4 2006 9:05 Oct 4 2006 9:00 P.16 | SIGNED this = nt day of ', 2006. M. Rony Frangois, M.D., M.S.P.H., Ph.D. Secretary, (Department of Heaith By; Lynette Norr, Rfn.D. Fi LED Assistant Genes co Ovt7 orida Bar Number alee CLE HEALTH Department of Health CLEAK ie Y Olan Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 OATE G-tl- Ole ‘Tallahassee, FL32399-3265 (850) 245-4640 (850) 245-4683 FAX PCP Date: January 17, 2006 PCP-2,Members; Zachary, Shyers, Adejokun-Ojo NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his of her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS . Respondent is/ placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and! prosecution of a disciplinary matter, which may include attorney hours and | costs, on the Respondent in addition to any other discipline imposed. DOH v, John Michael Bone, Ph.D., LiM.H.C, 14 DOH Case No. 2005-66289 Ji\Allied Heatth\Lynetts Neen 2D08\2006-(4 PCP-2\AC\

Docket for Case No: 06-003762PL