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DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY vs ROE F. CLARKE, PH.D., 19-004664PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004664PL Visitors: 15
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY
Respondent: ROE F. CLARKE, PH.D.
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Aug. 30, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 20, 2019.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA BOARD OF PSYCHOLOGY DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2018-15756 ROE F. CLARKE, PH.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health and files this Administrative Complaint before the Board of Psychology (Board) against Respondent, Roe F. Clarke; Ph.D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of psychology pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 490, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed psychologist within the state of Florida, having been issued license number PY 4970. DOH v. Roe F. Clarke, Ph.D. , Case No. 2018-15756 Page 1 of 8 3. Respondent’s address of record is 430 Sea Turtle Terrace, Plantation, Florida 33324. An additional address for Respondent is 950 S. Pine Island Road, Building. A-150, Plantation, Florida 33324. 4. Between July. 2013 and January.2015, Respondent provided therapy to Patient A.K. 5. Respondent knew that Patient A.K. previously displayed boundary issues with therapists and that Patient A.K. had an addictive personality. 6. While undergoing therapy with Respondent, Patient A.K. made purchases for Respondent. 7. While undergoing therapy with Respondent, Patient A.K. purchased meals for Respondent. . 8. While undergoing therapy with Respondent, Patient A.K. did errands for Respondent. 9. While undergoing therapy with Respondent, Patient A.K. reviewed Respondent's profile on a dating website. . 10. While undergoing therapy with Respondent, Patient A.K. and Respondent traveled together. DOH v. Roe F. Clarke, Ph.D, Case No. 2018-15756 Page 2 of 8 ii. When Patient A.K. and Respondent traveled together, Patient A.K. and Respondent would share a bed. 12. Patient A.K. paid for Respondent's travel expenses. 13. The minimum standards of performance in psychology require that a practitioner with knowledge of a patient’s prior boundary and addiction issues refrain from engaging the patient in a relationship outside of therapy sessions. 14. The minimum standards of performance in psychology require that a practitioner reject receipt of substantial financial help and gifts from a patient. | | COUNT I 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. | 16. Section 490.009(1)(r), Florida Statutes (2013-2014), provides that 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 is not qualified by training or experience constitutes grounds for discipline. DOH v. Roe F. Clarke, Ph.D. Case No. 2018-15756 Page 3 of 8 17. Respondent failed to meet the minimum standards of performance in psychology when measured against generally prevailing peer performance during the time Patient A.K. underwent therapy with Respondent, in one or more of the following ways: a. Accepting purchases made by Patient AK.; b. Accepting meals purchased by Patient A.K.: c. Allowing Patient A.K. to do errands for Respondent; d. Allowing Patient A.K. to review Respondent's profile on a dating website; e. ‘Traveling with Patient A.K.; f, Sharing a bed with Patient AK. while they traveled; and/or g. Allowing Patient A.K. to pay for Respondent's travel expenses. . 18. Based on the foregoing, Respondent violated section 490.009(1)(r), Florida Statutes (2013-2014). DOH v. Roe F, Clarke, Ph.D. Case No. 2018-15756 Page 4 of 8 COUNT II 19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 20. Section 456.072(1)(n), Florida Statutes (2013-2014), provides that exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party constitutes grounds for discipline. 21. Respondent exercised influence on Patient A.K. for the purpose of financial gain of Respondent or a third party when Respondent knew that Patient A.K. previously displayed boundary issues with therapists and had an addictive personality, and Respondent did one or more of the following: _ ; a. Accepted purchases made by Patient A.K.; b. Accepted meals purchased by Patient AK; c. Allowed Patient A.K. to do errands for Respondent; d. Allowed Patient A.K. to review Respondent's profile on a dating website; | . e, Traveled with Patient A.K.; f. | Shared a bed with Patient AK. while they traveled; and/or DOH v. Roe F. Clarke, Ph.D. Case No. 2018-15756 Page 5 of 8 g. Allowed Patient A.K. to pay for Respondent's travel expenses. 22. Based on the foregoing, Respondent violated section 456.072(1)(n), Florida Statutes. (2013-2014). - WHEREFORE, the Petitioner respectfully requests that the Board of Psychology 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [SIGNATURE PAGE TO FOLLOW] DOH v. Roe F. Clarke, Ph.D. Case No. 2018-15756 Page 6 of 8 SIGNED this 11th day of March, 2019. [s/ Christina Arzillo Shideler Christina Arzillo Shideler Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 90869 (850) 558-9844 FiLeD (850) 245-4684 FAX HEALTH DEPART MUTY CLERK Christina.Shideler@flhealth.gov CLERK — Angel bundend pare MAR 13.2018 PCP: 3.11.19 PCP Members: Drew & Swan DOH v. Roe F. Clarke, Ph.D. Case No. 2018-15756 Page 7 of 8 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to- Rule 28-106.2015(5), Florida Administrative Code. ' Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. - 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. Roe F. Clarke, Ph.D. Case No. 2018-15756 Page 8 of 8

Docket for Case No: 19-004664PL
Issue Date Proceedings
Nov. 20, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 20, 2019 Petitioner's Motion to Relinquish Jurisdiction filed.
Nov. 15, 2019 Petitioner's Exhibit to Motion to Deem Petitioner's Request for Admissions Admitted and Relinquish Jurisdiction filed.
Nov. 04, 2019 Motion to Deem Petitioner's Request for Admissions Admitted and Relinquish Jurisdiction filed.
Oct. 31, 2019 Amended Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for January 15, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Order Granting Motion).
Oct. 31, 2019 Amended Notice of Hearing by Video Teleconference (hearing set for January 15, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Date).
Oct. 29, 2019 Petitioner's Unopposed Motion for Continuance filed.
Sep. 26, 2019 Notice of Hearing by Video Teleconference (hearing set for November 8, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Sep. 11, 2019 Notice of Serving Petitioner's First Request for Interrogatories, First Request for Production and First Request for Admissions to Respondent filed.
Sep. 10, 2019 Unopposed Response to Initial Order filed.
Sep. 05, 2019 Notice of Appearance (Dannie Hart) filed.
Sep. 03, 2019 Initial Order.
Aug. 30, 2019 Election of Rights filed.
Aug. 30, 2019 Administrative Complaint filed.
Aug. 30, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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