Aug 13 2008 9:49 AUIG-13-2888 @OfSt STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. . CASE NO. 2007-09285 JAMES CUSACK, L.M.H.C., Respondent. ADMINISTRATIVE COM T 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 the Respondent, James Cusack, L.M.H.C., and in support thereof alleges: | 1. Petitioner is the state department charged with regulating the practices 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. At all times material to this Complaint, Respondent was a licensed mental health counselor within the state of Florida, having been issued license number LMT _ 6650 on May 30, 2001. 3. Respondent's address of record is 10815 Wrigley Court, Riverview, Florida 33569, Department of Health v. James Cusack, L.M.H.C. ; 1 Case Number 2007-09285 2:\PSU\llied Health\Cecelia\Board of CSW 491 Cases/Cusack, James\2007-09285\Cusack AC DULG Aug 13 2008 9:49 AUIG-13-2888 @OfSt 4. Respondent is employed as a mental health counselor in Tampa, Florida. 9. On or about January 2004 until on or about March 2007, Respondent rendered mental health counseling services to patient C.G., a minor. 6. On or about September or October 2006, patient C.G. was released from a juvenile detention facility back to her mother, patient G.G. 7. Patient C.G. takes Seraquel at a dose of 400mg per tablet. 8. When C.G. was released from the juvenile detention facility, she was not _given a prescription for Seraquel. 9. Shortly after C.G. was released, Respondent went to the home of patient C.G to find out if there weré any issues C.G. was having after being released, 10. When G.G. advised that C.G. needed her medication and G.G. was not going to be able to go to the doctor for three to four days to get the medication refilled, Respondent offered to get samples of the medication form various physicians he knew. 11. Respondent was able to secure medication for C.G. in the amount of 100 mg per tablet. 12. Respondent gave the medication to G.G and advised that the milligram for each pill was only 100 mg, as opposed to the 400 mg that C.G., normally takes. Respondent told G.G. that C.G. would have to take 8 tablets per day in order to be able to continue with her normal dosage. 13. Respondent gave G.G. between 16 and 20 pills for C. G. in an unlabeled pill bottle of pills that were allegedly Seraquel. Department of Health v,. James Cusack, L.M.H.C. 2 Case Number 2007-09285 3:\PSU\Allied Health\Cecelia\Board of CSW 491 Cases/Cusack, James\2007-09285 \Cusack AC Aug 13 2008 9:49 AUIG-13-2888 @OfSt 14, Respondent's license as a mental health counselor does not allow him to dispense or prescribe medication. 45. Section 491.009(1) (1), Florida Statutes, (2005), subjects a licensee to discipline for 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 licensee, registered intern, or certificateholder is not qualified by training or experience. 16. Section 491.003(9) defines the practice of mental health counseling as the use of scientific and applied behavioral science theories, methods, and techniques for the purpose of describing, preventing, and treating undesired behavior and enhancing mental health and human development and is based on the person-in-situation perspectives derived from research and theory in personality, family, group, and organizational dynamics and development, career planning, cultural diversity, humarr growth and development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and rehabilitation. The practice of mental health counseling includes methods of a psychological nature and sex therapy. The practi¢e of mental health ¢6tinséling ‘also counseling, behavior modification, consultation, client-centered advocacy, crisis intervention, and the provision of needed information and education to clients, when using methods of a psychological nature to evaluate, . assess, diagnose, treat, and prevent emotional and mental disofders and , — dysfunctions (whether cognitive, affective, or behavioral), behavioral disorders, sexual dysfunction, alcoholism, or substance abuse. The practice of mental health counseling may also include clinical research into more effective psychotherapeutic modalities for the treatment ‘and prevention of such conditions. Department of Health v. James Cusack, L.MLH.G. 3 Case Number 2007-09285 JAPSUMAllied Health\Cecelia\Board of CSW 491 Cases/Cusack, James\2007-09285\Cusack AC Aug 13 2008 9:50 AUIG-13-2888 ofS 17. Section 491.003(9)(c) states that: the terms "diagnose" and "treat," as used in this chapter, when considered in isolation or in conjunction with any provision of the rules of the board, shall not be construed to permit the performance of any act which mental health counselors are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures pursuant to chapter 483, or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed, provisionally licensed, registered, or certified pursuant to this chapter to describe or label any test, report, or procedure as "psychological," except to relate specifically to the definition of practice authorized in this subsection. 18. Respondent's license as a mental health counselor does not allow him to prescribe or dispense drugs. Respondent is not trained or qualified by experience to dispense or prescribe medication. . 19. Respondent has failed to meet the minimum standards of performance in professional activities by giving prescription drugs to G.G for C.G, without having obtained a proper prescription for the drugs. . 20. Based on the foregoing, Respondent has violated Section 491.009(1) (1), Florida Statutes, 2005 by failing to meet the minimum standards of performance in professional activities. Department of Health v. James Cusack, L.M.H.C. 4 Case Number 2007-09285 2:\PSU\Allied Health\Cecelia\Board of CSW 491 Cases/Cusack, James\2007-09285\Cusack AC AUIG-13-2888 ofS Aug 13 2008 9:50 WHEREFORE, the Petitioner respectfully requests that the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling 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. pe SIGNED this bO day of é , 2008. Ana M, Viamonte Ross, M.D., M.P.H. State Surgeon General Assistant General Couhse Florida Bar Number 0007609 E D Department of Health DEPARTMENT OF HEALTH Prosecution Services Unit UTY CLERK 4052 Bald Cypress Way, Bin C-65 . oterk FAO Or 60 2A _... Tallahassee, FL 32399-3265 bate__ 2 2 (850) 245-4640 (850) 245-4684 FAX . --Department of Health v. James Cusack, L.M.H.C, : 5 Case Number 2007-09285 J;\PSU\Allied Health\Cecelia\Board of CSW 491 Cases/Cusack, James\2007-09285\Cusack AC Aug 13 2008 9:51 AUIG-13-2888 ofS 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, : Gepartment of Health v. James Cusack, LM.H.C. 6 Case Number 2007-09285 J:\PSU\Allied Health\Cecella\Board of CSW 491 Cases/Cusack, James\2007-09285\Cusack AC

Docket for Case No: 08-003925PL