Aug 30 2007 14:35 AUIG-38-2087 14:58 : P.@S STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2005-69050 DAVID GERALD OWNBY, L.M.H.C. RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling against Respondent, DAVID GERALD OWNBY, L.M.H.C., (Ownby) and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of mental health counseling pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes. 2, At all times material to this complaint, Respondent was a licensed mental health counselor, having been issued license number LMH 6936 on February 21, 2002. 3. Respondent's address of record is Post Office Box 553, Lowell, Florida 32663-0553. 4. At all times material to this complaint, Respondent was employed by Prison Health Services as a counselor for the Marion County Jail inmates, and practiced at the jail located in Ocala, Florida. Respondent had been employed in this capacity DOH v. David Gerald Ownby, L.M.H.C. Case Number 2005-69050 1 J:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ S002 ¢ tT Sny Aug 20 2007 : AUG-SE-2087 14:54 q 14:35 since approximately January 10, 2005. As part of Respondent's duties, he conducted suicide assessments on inmates that were on suicide watch. 5. On or about August 27, 2005, D.D., a female, was an inmate at the Marion County Jail, housed in the unit with other inmates on suicide watch. Her medications at that time were Seroquel, a psychotropic medication shown to be effective in the treatment of many symptoms of schizophrenia, as well as in the treatment of acute mania associated with Bipolar I disorder, 6. Inmate D.D. had a history of mental instability, including depression, suicidal thoughts, incidents of hurting herself, and suicide attempts. In December of 2004, D.D. cut both wrists with a broken mirror and was taken to medical and placed on suicide precaution status. Mr. Ownby’s records for D.D. throughout 2005 indicate D.D. continued to meet the criteria for suicide precaution status. 7. Inmate, D.D. was Respondent’s client since January 2005 and had sessions with him approximately three (3) times per week. As part of her therapy, the Respondent required D.D. to keep a journal. 8. D.D. reported that the Respondent would obtain items for her that other inmates in her situation would not.normally have, such as food and personal hygiene products. Correction Officer R.S. reported that Ownby tried to bring D.D. books from the outside that did not come through the law library, and she advised the Respondent that that was against jail policy. R.S. reported that on at least one occasion R.S. refused B.D. being allowed to have the persona! hygiene products given to her by the DOH v. David Gerald Ownby, L.M.H.C, Case Number 2005-69050 2 7:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ AUIG-3e8-2087? 14:51 Fug 50 2007 14555 Respondent, but at a later time D.D. was found to be in possession of those products as well as a sketch pad and pencils also brought in for D.D. by the Respondent. 9. On or about August 27, 2005, inmate D.D. was called into the Respondent's office for a therapy session, at which time they engaged in sexual intercourse. 10. On or about August 29, 2005, D.D. reported the intercourse to a Marion County Jail Corrections Officer who worked in the Medical Unit. The Corrections Officer then reported the incident to a Sergeant at the Jail. D.D. also documented the intercourse in the journal. 11. On or about August 30, 2005, D.D. gave the journal to the Respondent and then attempted to commit suicide by taking approximately 72 pills that she had been hiding. D.D. was taken to Munroe Regional Medical Center (MRMC) by EMS, D.D. was comatose, in critical condition, and placed on a respirator; however, D.D. eventually recovered. 12. The Sheriff's office attempted to locate D.D.’s journal, but could not find it in the Respondent's office. When the Sheriff interviewed the Respondent, the Respondent stated that he had thrown away the journal. The Sheriff’s search of the Respondent's office did recover assorted female hygiene products in a bag with D.D.’s name on it. 13. Early in September of 2005, the Respondent resigned from his position providing mental health care to inmates at Marion County Jail, citing that his private DOH v. David Gerald Ownby, L.M.H.C, Case Number 2005-69050 3 J:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ Aug 30 2007 14:36 AUG-38-2087? 14:51 practice was doing well; therefore he no longer wished to remain employed by Prison Health Services. COUNT ONE i4. Petitioner realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Section 456.072(1)(u), Florida Statutes (2005), subjects a licensee to discipline, including suspension, for engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes. 16. Saction 456.063(1), Florida Statutes (2005), defines sexual misconduct in the practice of a health care profession as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. Rule 64B4-10.002, Florida Administrative Code, defines sexual misconduct as engaging, attempting to engage or offering to engage a client in sexual behavior or any behavior, whether verbal or physical which is intended to be sexually arousing, including among other things kissing; sexual intercourse, either genital or anal. OOH v, David Gerald Ownby, L.M.H.C. Case Number 2005-69050 4 J.\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ Aug 30 20 : AUG-38-2887 14:52 g I? 14336 17. As set forth above, Respondent engaged in sexual intercourse during psychotherapy sessions in violation of Section 456.072(1)(u), Florida Statutes (2005), which prohibits sexual misconduct. 18. Section 491.009(1)(k), Florida Statutes, (2005), subjects a licensee to discipline, including suspension or revocation, for engaging a client in sexual activity defined pursuant to Section 491.0111. Section 491.0112(3), Florida Statutes, (2005), states that the giving of consent by a client shall not be a defense to sexual activity. 19. Respondent used his psychotherapist relationship with D.D, to engage in sexual activity with her during a counseling session in as defined by Rule 64B4-10.002, Florida Administrative Code, and prohibited by Section 491.0111, Florida Statutes (2005). 20. Based on the foregoing, Respondent used his psychotherapist relationship with D.D. to engage in sexual activity with her during a counseling session in his office in violation of Section 491.009(1)(k), Florida Statutes, (2005). COUNT TWO 24. Petitioner realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 22, Rule 64B4-9.001, Florida Administrative Code, states that a mental health counselor shall maintain responsibility for all records relating to his client and that the records shall be kept for seven (7) years. Section 491.009(1)(t), Florida Statutes (2005), subjects a licensee to discipline for violating a rule relating to the regulation of the profession. | DOH v. David Gerald Ownby, L.M.H.C. Case Number 2005-69050 5) 3:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ Aug 30 2007 14:36 AUIG-38-2087? 14:52 23. The Respondent violated Section 491.009(1)(t), Florida Statutes, (2005) through a violation of Rule 648-9.001, Florida Administrative Code, by throwing away the therapy journal of D.D. WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling to enter an order impasing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deerns appropriate. SIGNED this ae day of Lacy! , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health By: Lynette Norr, Ph.D., 3.D. F | LE D Assistant General Counsel Florida Bar Number 0010717 DEPARTMENT OF HEALTH Department of Health CLERK eno. Z Prosecution Services Unit ‘¢ ce hae 4052 Bald Cypress Way, Bin C-65 DaTE_Z pg Tallahassee, FL 32399-3265 (850) 245-4640 voice (850) 245-4682 FAX PCP Date: August 3, 2006 PCP-2 Members: Zachary, Shyers, Adejokun-Ojo DOH v. David Gerald Ownby, L.M.H.C. Case Number 2005-69050 6 J:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\ Aug 30 2007 14:36 AUIG-38-2087? 14:52 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 or 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. David Gerald Ownby, L.M.H.C_ Case Number 2005-69050 7 J:\PSU\Allied Health\Lynette Norr\491\PCP 2006\2006-08 PCP-2\AC\

Docket for Case No: 07-003967PL