Sep 14 2007 14:07 SEP-14-2087 14°25 P.@6 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v, , CASE NO. 2007-10021 ROSSELIE F. ECHEVARRIA, L.C.S.W., Respondent. AD TIVE 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 & Family Therapy and Mental Health Counseling (Board) against the Respondent, Rosselie F. Echevarria, L.C.S.W., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of clinical social work, marriage & family therapy and 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 clinical social worker within the state of Florida and was issued license number SW 5665 on August 13, 1999. 3. Respondent's address of record is 3375 North Country Club Drive, Apt. 406, Aventura, Florida, 33180. 4, On or about May 18, 1998, Respondent was arrested by the Palm Beach J:\PSU\Allied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevartia, Rosselie, LCSW\AC Echevarria.doc 1 SEP-14-2087 14:25 Sep 14 2007 14:07 County Sheriff's Office and charged with a violation of Section 316.193, Florida Statutes, by driving under the influence. The charge against Respondent of driving under the influence was reduced to reckless driving. 5. Respondent pled guilty to reckless driving in violation of Section 316.192, Florida Statutes which is a second degree misdemeanor. Respondent was sentenced to one day in jail, one year of probation, a one hundred ($100.00) dollar fine, court costs, fifty (50) hours of community service. 6. On or about May 18, 1998, Respondent was arrested by the Palm Beach County Sheriff's Office and charged with a violation of Section 843.01, Florida Statutes by resisting an officer with violence, which is a felony of the third degree. 7. The charge against Respondent of resisting an officer with violence was nolle prossed by the State Attorney. 8. On or about May 18, 1998, Respondent was arrested by the Palm Beach County Sheriff's Office and charged with a violation of Section 318.14, Florida Statutes, by willfully refusing to accept and sign a summons, which is a misdemeanor of the second degree. 9. Respondent pled guilty to the charge of willfully refusing to accept and sign a summons and was sentenced to one day in jail, six (6) months probation, @ one hundred ($100.00) fine and fifty (50) hours of community service. 10. On or about November 21, 2000, Respondent was arrested by the Boynton Beach Police Department and charged with a violation of Section 316.193, Florida Statutes for driving under the influence, which is a misdemeanor of the second J:A\PSU\Allied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevarria, Rosselle, LCSW\AC Echevarrla.doc ; 2 Sep 14 2007 14:08 SEP-14-2087 14:24 P.@8 degree. 11. On or about February 15, 2006, Respondent was arrested by the Aventura Police Department and charged with driving under the influence. 12. On or about July 17, 2006, to on or about December 16, 2006, Respondent was employed by Jewish Community Services, ("JCS"), located at 18999 Biscayne Boulevard, Suite 200, Aventura, Florida, 33180. | 13. JCS is one of the largest social services agencies in the southeast, offering a vast array of services and programs including behavioral health services. Respondent was hired to work as a clinician for JCS. 14. On or about October 13, 2006, Respondent was disciplined, but not terminated, by her supervisor at JCS for taking the key to the medicine cabinet. 15. On or about December 20, 2006, Respondent's employment with JCS was terminated due to illness, 16, Subsequent to Respondent's termination from JCS, Respondent's former supervisor, Ms, A., sent a letter to Respondent requesting that she return the client information that was stored in her USB disk as well as her JCS ID badge and the keys to the JCS’ building. Ms. A. also advised Respondent that if she did not return the requested items, she would be reported to the Department of Health, Board of Clinical Social Work for disciplinary action. 17. On or about March 18, 2007, an officer from the Aventura Police Department was called to the Walgreen’s Pharmacy store located at 3007 Aventura Boulevard in Aventura, Florida, in reference to a person attempting to pick up a | TAPSU\Allied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevarria, Roseelie, LCSW\AC Echevarria.doc 3 Sep 14 2007 14:08 SEP-14-2087 14:24 P.@9 fraudulent prescription for a controlled substance. 18. The pharmacist on duty at the Walgreen’s Pharmacy, (“pharmacist”), reported to the officer that on or about March 18, 2007, an unknown female called in a prescription for Hydromet syrup for patient L.B. L.B, was a patient/client of JCS. 19. Hydromet contains Hydrocodone. Hydrocodone is a Schedule II substance under Chapter 893, Florida Statutes; however, when produced in a mixture containing less than 15 milligrams of hydrocodone per dosage unit, it is a Schedule III controlled substance under Chapter 893, Florida Statutes. Such a substance is indicated for the relief of moderate to moderately severe pain. The abuse of hydrocodone can lead to physical and psychological dependence. 20. The pharmacist stated that he became suspicious when he noticed that the prescription for Hydromet had recently been filled and was being called in as a refill. The pharmacist notified L.B. and learned that she did not call in any prescriptions nor had she been prescribed Hydromet by any physician. The pharmacist reported that on or about March 18, 2007, Respondent presented to the Walgreen's pharmacy store to Pick up a prescription for Hydromet syrup under the name of L.B, 21. According to the pharmacist, Respondent presented herself as being L.B. and when the pharmacist asked Respondent for identification, she fled the Walgreen's store, 22, The Walgreen’s store manager followed Respondent outside the store and obtained Respondent's license plate number on her vehicle. 23. The Walgreen’s pharmacist searched his prescription records and { TAPSU\Aliled Health\Cynthia Jekeman\Board of Psychology\Cases\Echevarrla, Rosselie, LCSW\AC Echevarria.dac * 4 Sep 14 2007 14:08 SEP-14-2087 14:24 P.18 determined that Respondent was possibly the woman who attempted to pick up the fraudulent prescription. 24. Respondent was arrested by the officer from the Aventura Police Department and advised of her Miranda rights. Respondent gave the officer consent to search her purse. The officer found a prescription label for Lorazepam containing the name of L.G. inside Respondent's purse. L.G. was a patient/client of JCS. 25. Lorazepam is a schedule IV controlled substance listed in Chapter 893, Florida Statutes, which fs indicated for the management of anxiety disorders, The abuse of lorazepam can lead to physical and psychological dependence. 26, The officer contacted L.G. and was informed by L.G. that she has never given anyone permission to use her personal information to obtain a prescription. 27. LG. advised that she saw Respondent only twice as a counselor at JCS. L.G. advised the officer that she had recently contacted her medical insurance company regarding medications she was never prescribed, but for which she was being billed. 28. The officer also searched Respondent’s vehicle which revealed a prescription label for Hydromet syrup under the name L.B. 29. The officer contacted L.B. and L.B. informed the officer that she had never been prescribed Hydromet and had never given anyone permission to use her personal information for any reason. 30. Respondent was charged with: two (2) counts of criminal use of personal identification, in violation of Section 817,568(2)(a), Florida Statutes, which is a 3 degree felony; one (1) count of possession of a controlled substance, in violation of ( T:\PSU\Allied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevarria, Rosselie, LCSW\AC Echevartia.doc 5 Sep 14 2007 14:09 SEP-14-2087 14:25 P.ii Section 893.13(6)(a), Florida Statutes, which is a 3% degree felony; and one (1) count of attempt to acquire a controlled substance, in violation of Section 893.13(7)(a)(9), Florida Statutes, which is a 37 degree felony. 31. On or about March 30, 2007, Ms. L., the vice president of JCS sent a letter to Respondent advising that Ms. L. had received cals from two clients of JCS complaining that Respondent had their personal information as she was calling and harassing them. 32. On or about May 4, 2007, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in case number F07009819, Respondent pled guilty or nolo contendere to one (1) felony count of possession of hydrocodone, in violation of Section 893.13(6)(a), Florida Statutes, and one (1) felony count of fraudulent use or possession of personal identification information, in violation of Section 817.568(2), Florida Statutes. Adjudication was withheld and Respondent was sentenced to supervision and two (2) years of drug offender probation. COUNT ONE 33. Petitioner realleges and incorporates paragraphs one (1) through thirty- two (32) as if fully set forth herein. 34. Section 491.009(1}(p), Florida Statutes (2006), subjects a licensee to discipline, for: Being unable to practice the profession for which he or she is licensed, registered, or certified under this chapter with reasonable skill or competence or by reason of illness, drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance. J:\PSU\Allied Health\Cynthia Jakeman\Board of Psycholagy\Cases\Echevarria, Rosselie, LCSW\AC Echevartia.doc 6 Sep 14 2007 14:09 SEP-14-2087 14:25 P.12 35. Respondent is unable to practice with reasonable skill or competence, as demonstrated by Respondent's recent arrest and plea of guilty/nolo contendere to possession of a controlled substance and use of personal identification, as well as her taking the key to the medicine cabinet at JCS and her three arrests for driving under the influence. 36, Based on the foregoing, Respondent has violated Section 491,009(1)(p), Florida Statutes by being unable to practice the profession for which she is licensed, registered, or certified under this chapter with reasonable skill or competence or by reason of illness, drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance, ¢ T TW 37. Petitioner realleges and incorporates paragraphs one (1) through thirty- two (32) as if fully set forth herein, 38. Section 491.009(1)(I), Florida Statutes (2006), subjects a licensee to discipline, for making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed, registered, or certified under this chapter. 39. Respondent violated Section 491.009(1)(I), Florida Statutes (2006), by making misleading, deceptive, untrue, or fraudulent representations in the practice of her profession in one or more of the following ways: a. By using client information from Ms. Respondent's employment with JCS to unlawfully obtain a controlled substance; 1:\PSU\Allied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevarria, Rosselie, LOSW\AC Echevarria.doc 7 Sep 14 2007 14:09 SEP-14-2087 14:25 P.13 b. By using client information from Respondent's employment with JcS to attempt to obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; or C. By using client information from Respondent’s employment with JCS to fraudulently use personal identification information concerning an individual without first obtaining that individual’s consent. 40. Based on the foregoing, Respondent violated Section 491.009(1)(1), Florida Statutes (2006), by making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed, registered, or certified under this chapter, COUNT THREE 41. Petitioner realleges and incorporates paragraphs one (1) through thirty- two (32) as if fully set forth herein, 42. Section 491,009(1)(c), Florida Statutes (2006), subjects a licensee to discipline for being convicted or found guilty of, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly related to the practice of his or her profession or the ability to practice his or her profession, 43. Respondent violated Section 491.009(1)(c), Florida Statutes (2006), by pleading guilty or nolo contendere to one (1) felony count of possession of hydrocodone, in violation of Section 893.13(6)(a), Florida Statutes, and one (1) felony count of fraudulent use or possession of personal identification information, in violation of Section 817.568(2), Florida Statutes. J:\PSU\Ailied Health\Cynthia Jakeman\Board of Psychology\Cases\Echevarria, Rosselie, LCSW\AC Echevarria.doc 8 Sep 14 200? 14:10 SEP-14-2087 14:25 P.14 44. Based on the foregoing, Respondent has violated Section 491.009(1)(c), Florida Statutes (2006), by being convicted or found guilty of, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly related to the practice of his or her profession or the ability to practice his or her profession. WHEREFORE, the Petitioner respectfully requests that the Board enter an order imposing 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 and/or any other relief that the Board deems appropriate, 2007, SIGNED this | y, re of Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health RT MENT OF HEALTH CEN AREPUY CLERK Department of Health CLERK